act
dict |
|---|
{
"id": 603,
"lower_text": [],
"name": "The Appropriation (Supplementary) Act, 1980",
"num_of_sections": 3,
"published_date": "29th June, 1980",
"related_act": [
603
],
"repelled": false,
"sections": [
{
"act_id": 603,
"details": "1. This Act may be called the Appropriation (Supplementary) Act, 1980.",
"name": "Short title",
"related_acts": "603",
"section_id": 1
},
{
"act_id": 603,
"details": "2. There may be paid and applied from and out of the Consolidated Fund sums not exceeding those specified in column 3 of the Schedule amounting in the aggregate to the sum of Taka one thousand forty-nine crores, seventy-three lakhs and ninety-nine thousand towards defraying the several charges which will come in course of payment during the financial year ending on the thirtieth day of June, 1980, in respect of the services and purposes specified in column 2 of the Schedule.",
"name": "Issue of Taka 1049,73,99,000 out of the Consolidated Fund for the year 1979-80",
"related_acts": "",
"section_id": 2
},
{
"act_id": 603,
"details": "3. The sums authorised to be paid and applied from and out of the Consolidated Fund by this Act shall be appropriated for the services and purposes expressed in the Schedule in relation to the financial year ending on the thirtieth day of June, 1980.",
"name": "Appropriation",
"related_acts": "",
"section_id": 3
}
],
"text": "An Act to authorise payment and appropriation of certain further sums from and out of the Consolidated Fund for the services of the financial year ending on the thirtieth day of June, 1980. WHEREAS it is expedient to authorise payment and appropriation of certain further sums from and out of the Consolidated Fund for the services of the financial year ending on the thirtieth day of June, 1980; It is hereby enacted as follows:-"
} |
{
"id": 604,
"lower_text": [],
"name": "The Finance Act, 1980",
"num_of_sections": 14,
"published_date": "30th June, 1980",
"related_act": [
354,
519,
584,
76,
77,
206,
239,
269,
283,
402,
437,
155,
604
],
"repelled": false,
"sections": [
{
"act_id": 604,
"details": "1. (1) This Act may be called the Finance Act, 1980. (2) Subject to the Provisional Collection of Taxes Act, 1931 (XVI of 1931), and the declaration made thereunder, this Act, shall, except as otherwise provided, come into force on the first day of July, 1980.",
"name": "Short title and commencement",
"related_acts": "604,155",
"section_id": 1
},
{
"act_id": 604,
"details": "2. In the Post Office Act, 1898 (VI of 1898) for the First Schedule thereto the contents of First Schedule to this Act shall be substituted.",
"name": "Amendment of Act VI of 1898",
"related_acts": "76",
"section_id": 2
},
{
"act_id": 604,
"details": "3. In the Stamp Act, 1899 (II of 1899), for Schedule (1) thereto the Schedule set out in the Second Schedule to this Act shall be substituted.",
"name": "Amendment of Act II of 1899",
"related_acts": "77",
"section_id": 3
},
{
"act_id": 604,
"details": "4. The following amendments shall be made in the Income tax Act, 1922 (XI of 1922), namely: (1) in section 2, in clause (6C), for the semi colon at the end a comma shall be substituted and thereafter the following shall be added, namely:- “receipts in the nature of compensation or damages for cancellation or termination of contracts and licences by the Government or any person, cancellation of indebtedness which makes any debtor taxable, goodwill money, salami or premia receivable on account of all leases or transfer of any business;”; (2) in section 4, in sub section (3),- (a) \tin clause (via), the words and comma “not being winning from lotteries,” shall be omitted; (b)\tIn clause (xii),- (i) \tafter sub-clause (f), a new sub-clause (ff) shall be inserted, namely:- “(ff) in respect of a building the erection of which is begun and completed at any time between the first day of July, 1980 and the thirtieth day of June, 1985 (both days inclusive) and the building is intended to be, and is actually, used for residential purposes only, for a period of five years from the date of such completion, subject to the following limits, namely:- (i) \tin a case where annual value off such building does not exceed twelve thousand Taka\tThe whole of such value; (ii) in a case where annual value of such building exceeds twelve thousand Taka\tTwelve thousand Taka: Provided that where an assessee claims exemption in respect of more than one such building the exemption under this sub clause shall be restricted to such portion of the aggregate annual value of such building as does not exceed twelve thousand Taka; (ii) in sub clause (g), for the full stop at the end a semi-colon shall be substituted and thereafter the following new sub clause (h) shall be added, namely: “(h) in respect of a building the erection of which is begun and completed at any time between the first day of July, 1980 and the thirtieth day of June, 1985 (both day inclusive) and which is intended to be, and is actually, used for residential purposes only, for a period of five years from the date of such completion, subject to the condition that the plinth area of the building is not more than one thousand square feet. The exemption under this sub clause shall also apply in the case of housing\tcompanies, societies and estates where the construction comprises bungalows, flats, apartments or units (hereinafter referred to as units) each containing plinth area of not more than one thousand square feet provided the construction comprises not less than twenty five units.”; (c) \tin clause (xiib), in the proviso, for the words “five thousand taka” the words “ten thousand taka” shall be substituted; (3) \tin section 5A, in sub section (3), in the Explanation, in clause (b), after the words “service as”, the words “Appellate or Inspecting” shall be inserted; (4) \tIn section 7, in sub-section (1), in the third proviso, for the words “two thousand and four hundred taka”, “one thousand and two hundred taka” and “nine hundred taka” the words “three thousand and six hundred Taka”, “one thousand and eight hundred Taka” and “one thousand and five hundred Taka” shall respectively, be substituted; (5) \tin section 9, in sub-section (1), in clause (iv) after the words “mortgage or other capital charge”, the words “for purposes of extension or reconstruction or improvement” shall be inserted; (6) \tin section 9A, in sub-section (2) in clause (v), after the words “mortgage or other capital charge”, the words “for purposes of reclamation or improvement” shall be inserted; (7) \tin section 10, in sub-section (4), for clause (e) the following shall be substituted, namely:- “(e)\tany allowance in respect of expenditure on entertainment in excess of the amounts specified below:- (i) on the first Taka 5 lakhs of income, profits and gains of the business, profession or vacation 4% or Taka 20,000, which ever is higher. (ii) on the next Taka 15 lakhs 2% (iii) on the next Taka 30 lakhs 1% (iv) on the balance ½ % or (ee) any allowance in respect of such expenditure on foreign travels for holidaying and recreation of employees and their dependents as may be prescribed; or”; (8) after section 12AA, the following section 12AAA shall be inserted, namely:- “12AAA, Salami or premia receipt.- Where any lump-sum amount is received or received by an assessee during any pervious year represents income on account of salami or premia receipts, such income shall, if he so, claims, be allocated for the purpose of assessment proportionately to the years covered by the entire lease period, but such allocation shall in no case exceed five years.”; (9) in section 12B,- (a) in sub-section (2), after the second proviso, the following new proviso shall be inserted, namely:- “Provided further that if in the opinion of the Deputy Commissioner of Taxes the fair market value of a capital asset transferred by an assessee as on the date of the transfer exceeds the declared value therefore by more than 25% of such declared value, the Government may offer to buy the said asset in such manner as the National Board of Revenue may prescribe:”; (b) in sub‑section (5), (i) the words “by the assessee or a parent of his mainly”, the words “his own or the parents’ own” and the words “his own” shall be omitted; (ii) in clause (b), in sub‑clause (ii), in the proviso, the words “assessee’s own” shall be omitted; (c) after sub‑section (5) amended as aforesaid, the following new sub-section (6) shall be added,namely:- “(6) Notwithstanding anything contained in sub‑section (1) where a capital gain arises from the sale, exchange or transfer of a capital asset being government securities and stocks and shares of public companies which fulfill the conditions laid down in sub‑section (3) of section 15C, then no tax shall be charged under this section if the sale proceeds are reinvested within a period of two years in the acquisition of similar securities, stocks and shares.”; (10) section 13 shall be numbered as sub‑section (1) of that section, and after sub‑section (1) as so renumbered the following new sub‑section (2) shall be added namely:- “(2) Notwithstanding anything contained in the second proviso to sub-section (1) every person engaged in the manufacturing and wholesale business shall maintain such books of accounts and other documents (including inventories where necessary) and shall maintain such record of payments of commercial nature and other commercial transactions as the National Board of Revenue may prescribe in this behalf.”; (11) in section 14, in sub‑section (3), in clause (b), in sub-clause (ii), the word “or” at the end shall be omittedand thereafter the following explanation shall be added, namely:- “Explanation.‑In thissub‑clause, “cottage industry” means an enterprise, not being owned by a joint stock company, which fulfils the following conditions, namely:- (a) it is basically an enterprise in which the owner is the investor, a full‑time worker and the actual entrepreneur; (b) the capital invested in it does not exceed Taka ten thousand at any time during the previous year; (c) the number of workers, including the owner and the members of his family, that is, his parents, wife or wives, sons and daughters, dependent on him and employed in the factory, whether working full‑time or part‑time, whether for or without any wages, remunerations or compensation in cash or otherwise, shall not on any one twenty‑four hour day during the previous year exceed six; and (d) the owner of the factory or any member of his family as specified in (c) above does not own any other industrial or commercial enterprise either in his own name or in the name of any other person; or”,, (a) in sub‑section (2A), for the figure “1980” the figure “1985” shall be substituted; (b) in sub‑section (2B), in clause (a), the proviso shall be omitted; (c) in sub‑section (2C), for the figure “1980” the figure “1985” shall be substituted; (13) in section 15, in sub‑section (1), after the word “husband” occurring for the first time, the words “or a minor child” shall be inserted; (14) in section 15A, for the words “four thousand taka” the words “five thousand Taka” shall be substituted and the first proviso shall be omitted; (15) in section 15E,- (a) for the words “eight hundred Taka” wherever occurring the words “one thousand Taka” shall be substituted; (b) for the words “two thousand four hundred taka” wherever occurring the words “two thousand Taka” shall be substituted; (c) the words and commas “or, in the case of two children, exceeds one thousand six hundred taka” shall be omitted; (16) in section 15H, for the words “two thousand Taka” the words “three thousand Taka” shall be substituted; and the proviso shall be omitted; (17) in section 16, in sub‑section (3), in clause (a), in sub‑clause (i), for the semi‑colon at the end a colon shall be substituted and thereafter the following proviso shall be added,namely:- “Provided that nothing in this sub‑clause shall apply to the membership of the spouse in a firm in which he or she contributes personal, technical or personal professional knowledge and experience;”; (a) in sub-section (1)- (i) in clause (a), for the words “greater plus” a colon shall be substituted; (ii) clause (b) shall be omitted; (b) in sub-section (5)- (i) in clause (ii) for the words “twelve months” the words “two years” shall be substituted; (ii) in clause (b), (A) for the words “twelve months” the words “two years” shall be substituted; (B) for sub-clause (i) the following shall be substituted, namely:- “(ii) in the case of other assesses- (1) Where the capital gansarise as a result of disposal by the assessee of his capital assets after two years but before five years from the date of their acquisition. Income-tax payable on the capital gains at the rate applicable to his total income including the said capital gains, or, income-tax at the rate of 35% on the amount of the capital gains, whichever is the lower. (2) Where the capital gains arise as a result of disposal by the assessee of his capital assets after five years from the date of their acquisition Income-tax payable on the capital gains at the rate applicable to his total income including the said capital gains, or, income-tax at the rate of 30% on the amount of the capital gains, whichever is the lower.”; (19) in section 20A, for the words “five hundred taka” the words “three thousand Taka” shall be substituted; (20) after section 21A, the following new section 21AA shall be inserted, namely:- “21AA. Licence.- (1) Every person carrying on any business, profession or vocation in such areas as the National Board of Revenue may, by notification in the official Gazette, specify and who pays rent for or owns the premises where he carries on the business profession, or vocation, shall take out an annual licence on payment of a fee of Taka one hundred initially and Taka fifty for renewal, in such form and manner as the National Board of Revenue may prescribe. (2) If any person fails to obtain a licence, as required by sub‑section (1), the Deputy Commissioner of Taxes may, after giving such person a reasonable opportunity of being heard, direct that such person shall pay by way of penalty a sum not exceeding Taka five hundred.”; (21) in section 22, (a) in sub‑section (1), in the proviso, for the full stop at the end a colon shall be substituted andthereafter the following new proviso shall be added, namely:- “Provided that every individual whose total income during the previous year exceeded Taka twenty thousand shall furnish along with the return or certificate, as the case may be a statement in the prescribed form and verified in the prescribed manner giving particulars of the total assets and liabilities of himself, his wife or wives and his minor children.” (b) in sub‑section (4A), after the word “assessee”, the words, brackets and the figure “other than an assessee referred to in the second proviso to sub‑section (1)” shall be inserted; (22) in section 23, after sub‑section (3), the following new sub‑section (3A) shall be inserted,namely:- “(3A) In the case of an assessee carrying on any business, profession or vocation who has filed a return voluntarily under sub‑section (1) of section 22 or in response to a notice under sub‑section (2) of section 22 or section 34 or in a case where no such return has been filed, the Deputy Commissioner of Taxes shall presume his total income during the previous year to be Taka fifteen thousand and shall send a notice accordingly to the assessee to establish with accounts, documents and evidence that the presumptive income is not correct. If the assessee fails to do so, the Deputy Commissioner of Taxes shall make an assessment on the aforesaid presumptive income and the income, so determined once shall remain unchanged for the next two years”; (a) for sub‑section (1) the following shall be substituted, namely:- “(1) If any person has without reasonable cause failed to- (a) furnish the return or certificate or statement which he is required to furnish under sub‑section (9) of section 18, section 19A, section 20, section 20A, section 21, section 22, section 34, orsection 38 or has, without reasonable cause, failed to do so within the time or extended time, if any, allowed under the relevant section, the Deputy Commissioner of Taxes shall, after giving the person a reasonable opportunity of being heard, direct him to pay by way of penalty a sum not exceeding one thousand Taka and in the case of a continuing default, a further sum not exceeding fifty Taka for every day during which the default continues; (b) comply with a notice under sub‑section (4) or section 22 or subsection (2) or sub‑section (3) of section 23, the Deputy Commissioner of Taxes may direct that such person shall pay by way of penalty, in addition to any tax payable by him, a sum not exceeding an amount equal to the amount of income‑tax which would have been avoided if the income as returned by such person had been accepted as the correct income.”; (c) in sub‑section (6), after the word “section”, the commas, words, brackets, letter and figure “, except in the cases referred to in clause (a) of sub‑section (1),” shall be inserted; (24) in section 30, in sub‑section (1), in the first proviso, for the words and figure “tax payable under section 22A has been paid” the words “undisputed portion of the tax has been paid” shall be substituted; (25) In section 31,- (a) in sub‑section (4),- (i) In clause (a), sub‑clause (ii) shall be omitted; (ii) in clause (b), the words and comma “or set aside such order and direct the Deputy Commissioner of Taxes to make such further inquiry as he thinks fit or as the Appellate Joint Commissioner may direct and the Deputy Commissioner of Taxes shall thereupon proceed to make such inquiry and shall thereafter make a fresh order registering the firm or refusing to register it or canceling its registration, as he may think fit” shall be omitted; (ii) In clause (c), the words and comma “or set aside such order and direct the Deputy Commissioner of Taxes to make fresh order after making such inquiry as the Deputy Commissioner of Taxes thinks fit or as the Appellate Joint Commissioner of Taxes may direct, and the Deputy Commissioner of Taxes shall there upon proceed to make such fresh order and determine the amount of penalty on the basis of such order” shall be omitted; (b) after sub‑section (6), the following new sub‑section (7) shall be added, namely:- “(7) Notwithstanding anything contained in this Act, the Appellate Joint Commissioner shall not make an order- (a) in respect of an appeal pending before him on the 30th June, 1980‑after the expiry of a period of two years from thatdate, and (b) in respect of an appeal filed before him on or after the 1st day of July, 1980‑after the expiry of one year from the end of the year in which the appeal was filed: Provided that if the Appellate Joint Commissioner has failed to make an order within the period specified in this section, the appeal shall be deemed to have been allowed by the Appellate Joint Commissioner.”; (a) in sub‑section (1), in the first proviso, for the words “half the amount representing the difference between the tax as determined on the basis of the order of the Appellate Joint Commissioner and the tax payable under section 22A” the words “the undisputed portion of the tax as determined on the basis of the order of the Appellate Joint Commissioner” shall be substituted; (b) in sub‑section (4), clause (e) shall be omitted; (i) in clause (a), for the words and figure “tax payable under section 22A has been paid” the words “undisputed portion of the tax has been paid” shall be substituted; (ii) in clause (b), for the words, figure and comma “half the amount representing the difference between the tax as determined on the basis of the order of the Appellate Joint Commissioner and the tax payable under section 22A,” the words “the undisputed portion of the tax as determined on the basis of the order of the Appellate Joint Commissioner” shall be substituted; (b) after sub‑section (4), the following new sub‑section (5) shall be added namely:- “(5) Notwithstanding anything contained in this Act, the Commissioner shall not make an order- (a) in respect of an application for revision pending before him on the 30th June, 1980‑after the expiry of a period of two years from that date; and (b) in respect of an application for revision field before him on or after the 1st day of July, 1980‑after the expiry of one year from the end of the year in which the application for revision was filed: Provided that if the Commissioner has failed to make an order within the period specified in this section, the application for revision shall be deemed to have been allowed by the Commissioner.”; (a) in sub‑section (1A), in clause (c), in the proviso, for the full stop at the end a colon shall be substitutedand thereafter the following new proviso shall be added,namely:- “Provided further that as respects any assessment year beginning on the first day of July, 1981, the provision of this clause shall have effect as if for the word “four” the word “two” were substituted.”; (b) in sub‑section (2), in the proviso,‑ (i) in clause (i), after sub‑clause (f)the following new sub‑clause (g) shall be added,namely:- “(g) in relation to the income, profits or gains which are first assessable in any year beginning with the year 1981‑82, the words “two years” were substituted.”; (ii) in clause (iv), in sub‑clause (b), for the word “four” the word “two” shall be substituted; (29) in section 38, in clause (3), for the words “four hundred taka” the words “three thousand Taka” shall be substituted; (30) after section 45, the following new section 45A shall be inserted,namely:- “45A. Simple interest on delayed payment.- If the amount specified as payable in a notice of demand under section 29 or an order under section 31 or section 33 is not paid within the time specified under section 45, the assessee shall be liable to pay simple interest at fifteen per cent. per annum. from the date following the date or extended date specified for payment to the date of actual payment.”; (31) in section 48, after sub‑section (4), the following new sub-section (5) shall be added, namely:- “(5) Where a refund due to an assessee is not paid within two months of the date of the relevant assessment order or claim of refund, interest at the rate of twelve per cent. per annum shall be payable to the assessee on the amount of refund from the month following the aforesaid two months to the date of issue of the refund.”; (32) in section 54, in sub‑section (3), in clause (cc), after thewords “by the”, the words “National Board of Revenue or any officer authorised by it in this behalf and the” shall be inserted; (33) CHAPTER IX shall be omitted; (34) in section 61, after sub‑section (1), the following explanation shall be inserted, namely: “Explanation.‑Inthis sub‑section, the word “relative” shall mean the parent, spouse, son, daughter, brother and sister of the assessee.”.",
"name": "Amendment of Act XI of 1922",
"related_acts": "",
"section_id": 4
},
{
"act_id": 604,
"details": "5. The following amendments shall be made in the Excises and Salt Act, 1944 (I of 1944), namely:- (1) for section 11 the following shall be substituted, namely:- “11. Recovery of sums due to Government.- (1) When under this Act or the rules made thereunder a duty is payable to the Government by any person or a penalty is adjudged against any person or a notice or demand is served upon any person calling for the payment of any amount unpaid which may be payable by way of duty, penalty or under any bond or other instrument executed under the rules and such duty, penalty or other sum is not paid within the time it was required to be paid, an Excise Officer empowered by the Board may at any time- (a) \tdeduct or require any other Excise Officer to deduct the amount so payable from any money owing to such person or due which may be in the hands or at the disposal or under the control of such Officer or of the Government; (b) \trequire, by a notice in writing, any person owing any money to the person from whom such duty or penalty or any other sum is recoverable or due, to pay to such Officer the amount specified is the notice, or the whole of such money if it is less than the amount so recoverable or due, within seven days of the receipt of the notice or within such longer time as may be allowed by such Officer; (c) \trecover such amount by attachment and sale of excisable goods or any plant, machinery and equipment used for the manufacture of such goods or any other goods in the factory or bonded warehouse or in any premises where any excisable services are provided or rendered; (d) \tstop removal of any excisable goods from such factory, bonded warehouse or premises till such amount is paid or recovered in full; or (e) \trequire any officer of customs to recover such amount by detaining and selling any goods belonging to such person which are under the control of the customs authorities. (2) \tIf the amount is not recovered from such person in the manner provided in sub section (1), the Excise Officer may prepare a certificate signed by him specifying the amount due from the person liable to pay the same and send it to the Collector of the district in which such person resides or owns any property or conducts his business and the said Collector shall, on receiving such certificate, proceed to recover the amount specified in the certificate as a public demand or as if it were an arrear of land revenue.”; (2) in section 12A, in sub section (2), after the words “any goods”, the words “or services” shall be inserted; (3) in CHAPTER III, for the heading the following shall be substituted, namely:- “APPOINTMENT OF EXCISE OFFICERS AND THEIR POWERS AND DUTIES”; (4) for section 13 the following shall be substituted, namely:- “13. Appointment of Excise Officers.- For the purposes of the Act and the rules made thereunder, the Board may, by notification in the official Gazette, appoint, in relation to any area specified in the notification, any person to be- (a)\t a Collector of Excise; (b) \ta Collector of Excise (Appeal); (c) \tan Additional Collector of Excise; (d)\ta Joint Collector of Excise; (e) \ta Deputy Collector of Excise; (f) \tan Assistant Collector of Excise; (g) \ta Superintendent of Excise; (h) \tan Excise Officer with any other designation. 13A. Powers and duties of Excise Officers.- An Excise Officer appointed under section 13 shall exercise such powers and discharge such duties as are conferred or imposed on him by or under this Act; and he shall also be competent to exercise all powers and discharge all duties conferred or imposed upon any officer subordinate to him: Provided that, notwithstanding anything contained in this Act or the rules, the Board may, by general or special order, impose such limitations or conditions in the exercise of such powers and discharge of such duties as it thinks fit. 13B. Delegation of powers.- The Board may, by notification in the official Gazette, and subject to such limitations or conditions, if any, as may be specified therein, empower by name or designation- (a) \tany Additional Collector of Excise or any Joint Collector of Excise to exercise any of the powers of a Collector of Excise under this Act or the rules; (b) any Deputy Collector of Excise to exercise any of the powers of an Additional Collector of Excise or a Joint Collector of Excise under this Act or the rules; (c) \tany Assistant Collector of Excise to exercise any of the powers of a Deputy Collector of Excise or a Joint Collector of Excise under this Act or the rules; (d) \tany other Excise Officer to exercise any of the powers of an Assistant Collector of Excise under this Act or the rules. 13C. Entrustment of functions of the Excise Officers to certain other officers.- The Board may, by notification in the official Gazette, entrust, either conditionally or unconditionally, any functions of any Excise Officer under this Act or the rules to any officer of the Government. 13D. Power to arrest.- (1) Any Excise Officer duly empowered by the Board in this behalf may arrest any person whom he has reason to believe to be liable to punishment under this Act. (2) \tAny person accused or reasonably suspected of committing an offence under this Act or any rules made thereunder, who on demand of any officer duly empowered by the Board in this behalf refuses to give his name and residence, or who gives a name or residence, which such officer has reason to believe to be false, may be arrested by such officer in order that his name and residence may be ascertained.”; (5) \tin section 15, for the words “Police and Customs” the words and commas “Police, Customs, Commerce, Industry and Food” shall be substituted; (6) in section 33, for clause (b) the following shall be substituted, namely:- (b) subject to such limitations and conditions as the Board may, by notification in the official Gazette, determine from time to time, by an Additional Collector of Excise, a Joint Collector of Excise, a Deputy Collector of Excise, an Assistant Collector of Excise or a Superintendent of Excise.”; (7) in section 37, in sub section (2), after clause (ix), the following new clause (ixa) shall be inserted, namely:- “(ixa) provide for taking account of goods manufactured and of materials and components, either imported or locally procured, used in the manufacture of excisable goods;”; (8) \tthe First, Schedule shall be amended in the manner set out in the Fourth Schedule to this Act.",
"name": "Amendment of Act I of 1944",
"related_acts": "206",
"section_id": 5
},
{
"act_id": 604,
"details": "6. In the Protective Duties Act, 1950 LXI of 1950),- (1) Throughout the Act, unless otherwise specified- (a) \tfor the words “Central Government” the word “Government” shall be substituted; (b) \tfor the word “Pakistan” the word “Bangladesh” shall be substituted; (c) \tfor the words, comma and figure “Tariff Act, 1934” the words, comma and figure “Customs Act, 1969” shall be substituted; (2) in section 2, in sub section (1), clause (b) shall be omitted; (3) in section 3, sub section (3) shall be omitted.",
"name": "Amendment of Act LXI of 1950",
"related_acts": "239,354",
"section_id": 6
},
{
"act_id": 604,
"details": "7. In The Sales Tax Act, 1951 (III of 1951), in section 12, in sub section (4), for the word “may” the words and commas “shall, after giving the person an opportunity of being heard,” shall be substituted.",
"name": "Amendment of Act III of 1951 ( III of 1951)",
"related_acts": "",
"section_id": 7
},
{
"act_id": 604,
"details": "8. In the Finance Act, 1957 (E.P. Act X of 1957), for section 2 the following shall be substituted, namely:- 2. \tLevy and collection of tax on advertisement.- (1) There shall be levied and collected a tax on advertisement by cinema slides films and through radio and television and daily newspapers at the rates specified below:- Rates (i) on advertisement by cinema slides and films and through radio and television at the rate of fifteen per centum of the amount charged on such advertisement. (ii) on advertisement through daily newspapers excluding tender and employment notices at the rate of ten per centum of the amount charged on such advertisement. (2) The tax shall be collected and paid to the Government:- (a) in respect of advertisement by cinema slides and films, by the owner or management of the cinema (b) in respect of advertisement through radio and television, by the authority or management concerned; and (c) in respect of advertisement through daily newspapers, by the authority or management concerned. (3) The National Board of Revenue may make rules regulating the procedure for collection and payment of the tax and any other matter incidental to its levy.”.",
"name": "Amendment of E.P. Act X of 1957",
"related_acts": "269",
"section_id": 8
},
{
"act_id": 604,
"details": "9. In the Urban Immovable Property Tax Act, 1957 (XI of 1957),- (1) for sections 4 and 5 the following, shall be substituted- “4. Annual value of holding. The Annual value of a holding shall mean, in municipal areas, gross annual rental at which the holding may reasonably be expected to let, and in areas notified under sub section (2) of section 1, the annual value of the holding as may be determined in the prescribed manner. Explanation. In determining the gross annual rental at which a holding may be expected to let, regard may be had to the rents of holdings in the vicinity, of like size and amenities. 5. \tRevision or alteration of annual value of holding.- When the annual value of a holding in respect of areas, other than municipal areas, is revised or altered in the prescribed manner, the annual value of that holding shall be deemed to have been revised or altered under this Act accordingly, and the Urban Immovable Property Tax on such holding shall be imposed on the basis of the revised or altered annual value thereon.” (2) in section 7, sub section (2) shall be omitted; (3) for the Schedule the following shall be substituted, namely:- THE SCHEDULE (Vide section 3) Rate of tax 1. In all cases of holdings with annual value not exceeding Taka six thousand Nil 2. Other cases (a) not being self-occupied holdings. 5% of the annual value. (b) self-occupied holdings 3% of the annual value",
"name": "Amendment of E.P. Act X1 of 1957",
"related_acts": "",
"section_id": 9
},
{
"act_id": 604,
"details": "10. In the Finance (Third) Ordinance, 1958 (E.P. Ord. LXXXII of 1958), section 3 shall be omitted.",
"name": "Amendment of E.P. Ord. LXXXII of 1958",
"related_acts": "283",
"section_id": 10
},
{
"act_id": 604,
"details": "11. The following amendments shall be made in the Customs Act, 1969 (IV of 1969), namely:- (1) throughout the Act, unless otherwise provided- (a) \tfor the word “Pakistan” the word “Bangladesh” shall be substituted;- (b) \tfor the words “Central Government”, “Provincial Government” or “Central or Provincial Government” the word “Government” shall be substituted; (c)\tfor the word “rupees” the word “Taka” shall be substituted; (d)\tfor the words “Pakistan Penal Code” the words “Penal Code” shall be substituted; and (e) \tfor the words “High Court” the words “High Court Division” shall be substituted; (2) in section 2, for clause (e) the following shall be substituted, namely:- “(e)\t“Board” means the National Board of Revenue constituted under the National Board of Revenue Order, 1972 (P.O. No. 76 of 1972);”; (3)\t for section 3 the following shall be substituted, namely:- “3. \tAppointment of officers of Customs.- For the purposes of the Act, the Board may, by notification in the official Gazette, appoint, in relation to any area specified in the notification, any person to be- (a) \ta Collector of Customs; (b) \ta Collector of Customs (Appeal); (c) \tan Additional Collector of Customs; (d) \ta Joint Collector of Customs; (e) \ta Deputy Collector of Customs; (f) \tan Assistant Collector of Customs; or (g) \tan Officer of Customs with any other designation”. (4)\t for section 5 the following shall be substituted, namely:- “5. Delegation of Powers.- The Board may, by notification in the official Gazette, and subject to such limitations or conditions, if any, as may be specified therein, empower by name or designation- (a) \tany Additional Collector of Customs to exercise any of the powers of a Collector of Customs; (b) \tany Joint Collector of Customs to exercise any of the powers of an Additional Collector of Customs or a Collector of Customs; (c) \tany Deputy Collector of Customs to exercise any of the powers of a Joint Collector of Customs or an Additional Collector of Customs; (d) \tany Assistant Collector of Customs to exercise any of the power of a Deputy Collector of Customs; (e) \tany other officer of Customs to exercise any of the powers of an Assistant Collector of Customs.”; (5) in section 7, the word “Central” shall be omitted; (6) for section 18 the following shall be substituted, namely:- “18. Goods dutiable.- (1) Except as hereinafter provided, customs duties shall be levied at such rates as are prescribed in the First Schedule and the Second Schedule or under any other law for the time being in force on (a) \tgoods imported into, or exported from, Bangladesh; (b) \tgoods brought from any foreign country to any customs-station, and without payment of duty there, transhipped or transported for, or thence carried to, and imported at, any other customs station; and (c) \tgoods brought in bond from one customs station to another. (2) The Government may, by notification in the official Gazette, levy, subject to such conditions, limitations or restrictions as it may deem fit to impose, a regulatory duty on all or any of the goods specified in the First Schedule at a rate not exceeding fifty per cent of the rate, if any, specified therein read with any notification issued under sub section (1) of section 2 or sub section (1) of section 3 of the Protective Duties Act, 1950 (LXI of 1950), or at a rate not exceeding hundred per cent of the value of such goods, as determined under section 25 and may, by a like notification, levy a regulatory duty on all or any of the goods exported from Bangladesh,- (i) \tin the case of goods enumerated in the Second Schedule at a rate not exceeding thirty per cent of the rate specified in the Second Schedule or of the amount which would represent the value of such goods as determined under section 25; and (ii) \tin the case of goods not enumerated in the Second Schedule, at a rate not exceeding thirty per cent of the amount which represents the value of such goods as determined under section 25. (3) \tThe regulatory duty levied under sub section (2) shall be in addition to any duty imposed under sub section (1) or under any other law for the time being in force. (4) \tAny notification issued under sub section (2) shall, if not earlier rescinded, stand rescinded on the expiry of the financial year in which it was issued.”; (7) \tin section 22, in the proviso, in clause (a), the words “Central Government or any excise duty levied by the Provincial\" shall be omitted; (8) \tin section 28, for the words, comma and figures “the Tariff Act, 1934 (XXXII of 1934)” the words “this Act” shall be substituted; (9)\tfor section 82 the following shall be substituted, namely:- “82. \tProcedure in case of goods not declared or warehoused or transhipped after unloading within a specified period.- If any goods are not entered and declared for home consumption or warehoused or transhipped within forty five days of the date of unloading thereof at a customs-port or a land customs station, or within thirty days of the date of unloading thereof at a customs airport or within such extended period as the appropriate officer may allow, such goods may, after due notice given to the owner, if his address could be ascertained, or published in the newspaper, if his address could not be ascertained, be sold under the orders of the appropriate officer: Provided that- (a) \tanimals and perishable and hazardous goods may, with the permission of the appropriate officer, be sold at any time; (b) \tarms, ammunition or military stores may be sold or otherwise disposed of at such time and place and in such manner as the Board may, with the approval of the Government, direct: Provided further that nothing in this section shall authorise removal for home consumption of any dutiable goods without payment of customs duties thereon.”; (10) In section 98,- (a) \tfor the words “three years” wherever occurring the words “two years” shall be substituted, (b) \tin the proviso, in clause (ii), for the words “one year and by the Board by such further period as it may deem fit” the words “six months” shall be substituted; (11) \tin section 172, in sub section (1), for clause (a) the following shall be substituted, namely:- “(a) any newspaper or book as defined in the Printing Presses and Publications (Declaration and Registration) Act, 1973 (XXIII of 1973), or”; (12) In section 177, for sub section (2) the following shall be substituted namely:- “(2) In any area to which this section for the time being applies, no, person shall have in his possession or control any such goods or class of goods in excess of such quantity or value as may from time to time be notified by the Government in the official Gazette, except under a permit granted by the Government in respect of the particular goods or class of goods, or by an officer authorised by the Government.”; (13) for section 179 the following shall be substituted, namely:- “179. Power of adjudication.- In cases involving confiscation of goods or imposition of penalty under this Act, the jurisdiction and powers of the officers of customs shall be as shown in the Table below:- TABLE Type of cases Designation of officers Jurisdiction and powers I. Adjudication of cases involving confiscation of goods or imposition of penalty or both Value of goods exceeding Taka 2,50,000.00 Additional Collector of Customs Value of goods not exceeding Taka 2,50,000.00 Joint Collector of Customs Value of goods not exceeding Taka 2,00,000.00 Deputy Collector of Customs Value of goods not exceeding Taka 50,000.00 Assistant Collector of Customs Value of goods not exceeding Taka 20,000.00 Superintendent of Customs Value of goods not exceeding Taka 5,000.00 II. Adjudication of cases relating to manifest clearance in custom house and customs-station involving only imposition of penalty under item 24 of the Table under sub-section (1) of section 156. Value of goods without limit: Provided that the Board may, by notification in the official gazette, reduce or extend the jurisdiction and powers of any particular officer or class of officers”; (14) in section 184, for the words “five hundred rupees” the words “Taka five thousand” shall be substituted; (15) in section 185,- (a) for the words “two years” the words “three years” shall be substituted;and (b) for the words “one thousand rupees” the words “Taka five thousand” shall be substituted; (16) in section 193, for the words “Deputy Collector” the words “Joint Collector” shall be substituted; (17) in section 219,- (a) in sub‑sections, (2) and (3), for the words “First Schedule” the words “Third Schedule” shall be substituted; (b) in sub‑section (4), for the words “National Assembly” the word “Parliament” shall be substituted; (18) in section 220, for the words “Second Schedule” the words “Fourth Schedule” shall be substituted; (19) The First Schedule and the Second Schedule shall be numbered as the Third Schedule and the Fourth Schedule, respectively, and before the Third Schedule as so renumbered, the First Schedule and the Second Schedule as set out in the Fifth Schedule to the Finance Act, 1980, shall be the First Schedule and the Second Schedule to that Act; (20) in the Fourth Schedule renumbered as aforesaid, against serial No. 4, in column I,- (a) in column 3, for the words and figures “Sections 5 and 6” the words, “The whole” shall be substituted;and (b) in column 4, the entries shall be omitted.",
"name": "Amendment of Act IV of 1969",
"related_acts": "354,402,239,437,604",
"section_id": 11
},
{
"act_id": 604,
"details": "12. Foreign Travel Tax.- Omitted by section 7 of ভ্রমন কর আইন, ২০০৩ (২০০৩ সনের ৫ নং আইন)।",
"name": "Omitted",
"related_acts": "",
"section_id": 12
},
{
"act_id": 604,
"details": "13. In the Land Development Tax Ordinance, 1976 (Ord. XLII of 1976), in section 3, in sub section (1),- (a) \tin clause (b), (a) in sub clause (i), for the words “fifteen taka” the words “twenty two Taka and fifty Poisha”, and for the words “three taka” words “six Taka” shall be substituted; (b) \tafter sub clause (i) amended as aforesaid, the following new sub clause shall be inserted, namely:- “(ia) in any area within the municipalities at the district headquarters. Seven Taka and fifty poisha per decimal, if the land is used for commercial or industrial purposes, three Taka per decimal, if the land is used for residential or other purposes;”;",
"name": "Amendment of Ord. XLII of 1976",
"related_acts": "519",
"section_id": 13
},
{
"act_id": 604,
"details": "14. (1) Subject to the provisions of sub sections (2), (3), and (5), in making any assessment for the year beginning on the first day of July, 1980, income tax shall be charged at the rates as specified in Third Schedule. (2) In making any assessment for the year beginning on the first day of July, 1980,- (a) \twhere the total income of an assessee, not being a company, includes any income chargeable under the head “Salaries” or any income chargeable under the head “Interest on Securities”, the income tax payable by the assessee on that part of his total income which consists of such inclusion shall be an amount bearing to the total amount of income tax payable according to the rates applicable under the operation of the Finance Act, 1979 (V of 1979), on his total income the same proportion as the amount of such inclusion bears to his total income; and (b) \twhere the total income of a company includes any profits and gains from life insurance business, the income tax payable by the company shall be reduced by an amount equal to 12.5 per cent of that part of its total income which consists of such inclusion. (3) In making any assessment for the year beginning on the first day of July, 1980, where the assessee is a co operative society, the tax shall be payable at the rate specified in paragraph A, or clause (c) of sub paragraph (i) of paragraph B, of the Third Schedule, whichever treatment is more beneficial to the assessee: Provided that in calculating for the purposes of this sub section, the amount of income tax at the rates specified in paragraph A of the third Schedule, no deduction in respect of any allowance or sums referred to in the proviso to the said paragraph shall be made. (4) (a) \tIn making any assessment for the year beginning on the first day of July, 1980, where the total income of an assessee not being a company to which the proviso to sub paragraph (i) of paragraph B of the Third Schedule does not apply, includes any profits and gains derived from the export of goods out of Bangladesh, income tax payable by him in respect of such profits and gains shall, subject to the provisions of clauses (b) and (c), be reduced by an amount computed in the manner specified hereunder: Amount (i) Where the goods exported abroad had not been manufactured by the assessee who exported them: 30 per cent. of the income-tax attributable to export sales. (a) and where the export sales during the relevant year exceed the export sales of the preceding year: Plus an additional 1 per cent. for every increase of 10 per cent. in export sales over those of the preceding year, subject to an overall maximum of 40 per cent. (b) and where the export sales during the relevant year do not exceed the export sales of the preceding year: Minus 1 per cent. for every decrease of 10 per cent. in export sales from those of the preceding year, subject to an overall minimum of 20 per cent. (ii) Where the goods exported had been manufactured by the assessee who had exported them: (a) where the export sales do not exceed 10 per cent. of the total sales: Nil (b) where the export sales exceed 10 per cent. but do not exceed 20 per cent. of the total sales. 30 per cent. of the income-tax attributable to export sales. (c) where the export sales exceed 20 per cent. but do not exceed 30 per cent. of the total sales: 40 per cent. of the income-tax attributable to export sales. (d) where the export sales exceed 30 per cent. of the total sales; 50 per cent. of the income-tax attributable to export sales. (b) Nothing contained in clause (a) shall apply in respect of the following goods or class of goods, namely:- (i) tea, (ii) raw jute, (iii) jute manufacture, (iv) raw hides and skin and wet‑blue leather, (v) such other goods as may be notified by the National Board of Revenue from time to time. (c) The National Board of Revenue may make rules providing for the computation of profits and the tax attributable to export sales and for such other matters as may be necessary to give effect to the provisions of this sub‑section, (5) In cases to which section 17 of the Income tax Act, 1922 (XI of 1922), applies, the tax chargeable shall be determined as provided in that section but with reference to the rates imposed by sub-section (1), and in accordance, where applicable, with the provisions of sub-section (2). (6) For the purpose of making deduction of tax under section 18 of the Income‑tax Act, 1922 (XI of 1922), the rates specified in the Third Schedule shall apply as respects the year beginning on the first day of July, 1980, and ending on the thirtieth day of June, 1981. (7) For the purposes of this section and of the rates of tax imposed thereby, the expression “total income” means total income as determined for the purposes of income‑tax in accordance with the provisions of the Income‑tax Act, 1922 (XI of 1922).",
"name": "Income tax",
"related_acts": "584",
"section_id": 14
}
],
"text": "An Act to give effect to the financial proposals of the Government and to amend certain laws. WHEREAS it is expedient to make provisions to live effect to the Financial proposals of the Government and to amend certain laws for the purposes here in after appearing; It is hereby enacted as follows:-"
} |
{
"id": 605,
"lower_text": [],
"name": "The Appropriation Act, 1980",
"num_of_sections": 3,
"published_date": "30th June, 1980",
"related_act": [
605
],
"repelled": false,
"sections": [
{
"act_id": 605,
"details": "1. This Act may be called the Appropriation Act, 1980.",
"name": "Short title",
"related_acts": "605",
"section_id": 1
},
{
"act_id": 605,
"details": "2. There may be paid and applied from and out of the Consolidated Fund sums not exceeding those specified in column 3 of the Schedule amounting in the aggregate to the sum of Taka seven thousand twenty-one crores, fifty-eight lakhs and fifty-two thousand towards defraying the several charges which will come in course of payment during the financial year ending on the thirtieth day of June, 1981, in respect of the services and purposes specified in column 2 of the Schedule.",
"name": "Issue of Taka 7021,58,52,000 out of the Consolidated Fund for the year 1980-81",
"related_acts": "",
"section_id": 2
},
{
"act_id": 605,
"details": "3. The sums authorised to be paid and applied from and out of the Consolidated Fund by this Act shall be appropriated for the services and purposes expressed in the Schedule in relation to the financial year ending on the thirtieth day of June, 1981.",
"name": "Appropriation",
"related_acts": "",
"section_id": 3
}
],
"text": "An Act to authorise payment and appropriation of certain sums from and out of the Consolidated Fund for the services of the financial year ending on the thirtieth day of June, 1981. WHEREAS it is expedient to authorise payment and appropriation of certain sums from and out of the Consolidated Fund for the services of the financial year ending on the thirtieth day of June, 1981; It is hereby enacted as follows:-"
} |
{
"id": 606,
"lower_text": [],
"name": "The Film Clubs (Registration and Regulation) Act, 1980",
"num_of_sections": 11,
"published_date": "15th July, 1980",
"related_act": [
334,
606
],
"repelled": true,
"sections": [
{
"act_id": 606,
"details": "1. This Act may be called the Film Clubs (Registration and Regulation) Act, 1980.",
"name": "Short title",
"related_acts": "606",
"section_id": 1
},
{
"act_id": 606,
"details": "2. In this Act, unless there is anything repugnant in the subject or context,- (a) \t“authority” means the authority constituted under section 3 of the Censorship of Films Act, 1963 (XVIII of 1963); (b) \t“certified film” has the meaning assigned to it in the said Act; (c) \t“film” means a cinematograph film; (d) \t“film club” means any club, society, or organisation, by whatever name called, established for the purpose of exhibiting films to its members, and includes a federation or association of such film clubs; (e)\t “prescribed” means prescribed by rules made under this Act.",
"name": "Definitions",
"related_acts": "334",
"section_id": 2
},
{
"act_id": 606,
"details": "3. No film club shall function as such unless it is registered in accordance with the provisions of this Act.",
"name": "No film club to function without registration",
"related_acts": "",
"section_id": 3
},
{
"act_id": 606,
"details": "4. (1) A film club shall, before it commences its functions as such, make an application, in the prescribed form and on payment of prescribed fee, accompanied by a copy of its constitution, to the authority for its registration. (2) A film club shall not be entitled to registration under this Act unless the constitution thereof provides for the following matters, namely:- (a)\t the address of the head office of the club; (b) \tthe objects for which the club has been formed; (c) \tthe conditions of membership of the club; (d) \tthe conditions under which films shall be exhibited; (e)\t the sources of income of the club; (f) \tthe custody of the fund of the club; (g) \tthe annual audit of the fund of the club and the manner of such audit. (3) If the authority is satisfied that the film club has complied with all the requirements of sub-sections (1) and (2), it shall register the film club in the prescribed register and issue a certificate of registration in the prescribed form. (4) If the authority finds that the film club has not complied with all the requirements of sub-sections (1) and (2), it shall, by an order in writing, reject the application. (5) A film club in existence immediately before the commencement of this Act shall not continue to function as such for more than three months from the date of such commencement unless, within thirty days of such commencement, an application for its registration has been made under sub-section (1). (6) If an application of an existing film club for registration is rejected, the club shall cease to function as such from the date on which the order of the authority rejecting the application is communicated to it.",
"name": "Registration of film clubs",
"related_acts": "",
"section_id": 4
},
{
"act_id": 606,
"details": "5. (1) Every registered film club shall furnish to the authority- (a) \twithin three months of the close of each year, a report on the activities of the club during that year together with its audited accounts; (b) \tsuch statements, reports and records as the authority may require from time to time. (2) The authority, or any officer duly authorised by it in this behalf, may at all reasonable times inspect the books of accounts and other records of a film club.",
"name": "Reports, etc.",
"related_acts": "",
"section_id": 5
},
{
"act_id": 606,
"details": "6. (1) A certificate of registration issued under section 4 shall remain valid for a period of two years from the date of issue. (2) A certificate of registration may be renewed for a period of two years at a time on payment of the prescribed fee.",
"name": "Period of validity of registration",
"related_acts": "",
"section_id": 6
},
{
"act_id": 606,
"details": "7. (1) A registered film club shall, at least seven days before the exhibition of any film, inform in writing the authority and the Deputy Commissioner of the district where the film will be exhibited of the place, date and time of such exhibition. (2) A registered film club may exhibit a film supplied by any foreign diplomatic mission in Bangladesh only if the request for supplying such film has been made to the mission with the prior approval of the authority.",
"name": "Exhibition of films",
"related_acts": "",
"section_id": 7
},
{
"act_id": 606,
"details": "8. If, at any time, the authority has reason to believe that a registered film club is acting in contravention of its constitution or has contravened any of the provisions of this Act or the rules made thereunder, then, without prejudice to the provisions of section 10, it may, after giving the club an opportunity of being heard, cancel its registration.",
"name": "Cancellation of registration",
"related_acts": "",
"section_id": 8
},
{
"act_id": 606,
"details": "9. Any film club aggrieved by an order of the authority under section 4 or section 8 may, within thirty days from the date on which the order is communicated to it, prefer an appeal to the Government, and the decision of the Government on such appeal shall be final.",
"name": "Appeal",
"related_acts": "",
"section_id": 9
},
{
"act_id": 606,
"details": "10. (1) If any film club contravenes any of the provisions of this Act or any rule made thereunder, every member or office-bearer of the council, committee or body, by whatever name called, to which, by the constitution of the club, its executive functions and the management of its affairs are entrusted shall, unless he proves that the contravention took place without his knowledge or consent, be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand taka, or with both. (2) No Court shall take cognizance of an offence under this Act except upon a complaint in writing made by the authority or by any officer authorised by it in this behalf.",
"name": "Penalty",
"related_acts": "",
"section_id": 10
},
{
"act_id": 606,
"details": "11. The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act.",
"name": "Rules",
"related_acts": "",
"section_id": 11
}
],
"text": "An Act to provide for the registration and regulation of film clubs. WHEREAS it is expedient to provide for the registration and regulation of film clubs and for matters ancillary thereto; It is hereby enacted as follows:-"
} |
{
"id": 607,
"lower_text": [
"1 The words “at the time of marriage or at any time” were substituted for the words “at or” by section 2 of The Dowry Prohibition (Amendment) Ordinance, 1984 (Ordinance No. LXIV of 1984)",
"2 The words and commas “five years and shall not be less than one year, or with fine, or with both” were substituted for the words and commas “one year, or with fine which may extend to five thousand taka, or with both” by section 2 of the Dowry Prohibition (Amendment) Ordinance, 1986 (Ordinance No. XXVI of 1986)",
"3 The words and commas “five years and shall not be less than one year, or with fine, or with both” were substituted for the words and commas “one year, or with fine which may extend to five thousand taka, or with both” by section 3 of the Dowry Prohibition (Amendment) Ordinance, 1986 (Ordinance No. XXVI of 1986)",
"4 The proviso was omitted by section 2 of The Dowry Prohibition (Amendment) Ordinance, 1982 (Ordinance No. XLIV of 1982)",
"5 Section 8 was substituted by section 4 of the Dowry Prohibition (Amendment) Ordinance, 1986 (Ordinance No. XXVI of 1986)"
],
"name": "The Dowry Prohibition Act, 1980",
"num_of_sections": 9,
"published_date": "26th December, 1980",
"related_act": [
75,
607
],
"repelled": true,
"sections": [
{
"act_id": 607,
"details": "1. (1) This Act may be called the Dowry Prohibition Act, 1980. (2) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint.",
"name": "Short title and commencement",
"related_acts": "607",
"section_id": 1
},
{
"act_id": 607,
"details": "2. In this Act, unless there is anything repugnant in the subject or context, “dowry” means any property or valuable security given or agreed to be given either directly or indirectly- (a) \tby one party to a marriage to the other party to the marriage; or (b) \tby the parents of either party to a marriage or by any other person to either party to the marriage or to any other person; 1at the time of marriage or at any time before or after the marriage as consideration for the marriage of the said parties, but does not include dower or mehr in the case of persons to whom the Muslim Personal Law (Shariat) applies. Explanation I.- For the removal of doubts, it is hereby declared that any presents made at the time of a marriage by any person other than a party to the marriage to either party to the marriage in the form of any articles the value of which does not exceed five hundred taka, shall not be deemed to be dowry within the meaning of this section, unless they are made as consideration for the marriage of the said party. Explanation II.- The expression “valuable security” has the same meaning as the section 30 of the Penal Code (Act XLV of 1860).",
"name": "Definition",
"related_acts": "",
"section_id": 2
},
{
"act_id": 607,
"details": "3. If any person, after the commencement of this Act, gives or takes or abets the giving or taking of dowry, he shall be punishable with imprisonment which may extend to 2five years and shall not be less than one year, or with fine, or with both.",
"name": "Penalty for giving or taking dowry",
"related_acts": "",
"section_id": 3
},
{
"act_id": 607,
"details": "4. If any person, after the commencement of this Act, demands, directly or indirectly, from the parents or guardian of a bride or bridegroom, as the case may be, any dowry, he shall be punishable with imprisonment which may extend to 3five years and shall not be less than one year, or with fine, or with both. 4* * *",
"name": "Penalty for demanding dowry",
"related_acts": "",
"section_id": 4
},
{
"act_id": 607,
"details": "5. Any agreement for the giving or taking of dowry shall be void.",
"name": "Agreement for giving or taking dowry to be void",
"related_acts": "",
"section_id": 5
},
{
"act_id": 607,
"details": "6. Dowry for the benefit of the wife or her heirs-.Omitted by section 3 of The Dowry Prohibition (Amendment) Ordinance, 1984 (Ordinance No. XLIV of 1984).",
"name": "Omitted",
"related_acts": "",
"section_id": 6
},
{
"act_id": 607,
"details": "7. Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898),- (a) \tno Court inferior to that of a magistrate of the first class shall try any offence under this Act; (b) \tno Court shall take cognizance of any such offence except on a complaint made within one year from the date of the offence; (c) \tit shall be lawful for a magistrate of the first class to pass any sentence authorised by this Act on any person convicted of an offence under this Act.",
"name": "Cognizance of offences",
"related_acts": "75",
"section_id": 7
},
{
"act_id": 607,
"details": "58. Every offence under this Act shall be non cognizable, non-bailable and compoundable.",
"name": "Offence to be non cognizable, etc.",
"related_acts": "",
"section_id": 8
},
{
"act_id": 607,
"details": "9. (1) The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act. (2) Every rule made under this section shall, as soon as may be after it is made, be laid before Parliament and if Parliament before the expiry of the session in which it is laid, agree in making any modification in the rule or agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, subject that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 9
}
],
"text": "An Act to prohibit the taking or giving of dowry in marriages. WHEREAS it is expedient to make provision to prohibit the taking or giving of dowry in marriages; It is hereby enacted as follows:-"
} |
{
"id": 608,
"lower_text": [
"1 Section 2 was substituted by section 2 of the Bangladesh Export Processing Zones Authority (Amendment) Ordinance, 1986 (Ordinance No. LII of 1986)",
"2 Section 3A was inserted by section 3 of the Bangladesh Export Processing Zones Authority (Amendment) Ordinance, 1986 (Ordinance No. LII of 1986)",
"3 Section 4A was inserted by section 2 of the Bangladesh Export Processing Zones Authority (Amendment) Ordinance, 1984 (Ordinance No. XLIX of 1984)",
"4 The semi-colon (;) was substituted for the full-stop (.) and clauses (c) and (d) were added by section 4 of the Bangladesh Export Processing Zones Authority (Amendment) Ordinance, 1986 (Ordinance No. LII of 1986)",
"5 Sections 5, 5A, 5B and 6 were substituted for previous sections 5 and 6, by section 5 of the Bangladesh Export Processing Zones Authority (Amendment) Ordinance, 1986 (Ordinance No. LII of 1986)",
"6 The words, commas, brackets and figure “shall, subject to the provisions of sub-section (3), consist” were substituted for the words “shall consist” by section 2 of the Bangladesh Export Processing Zones Authority (Amendment) Act, 1994 (Act No. XXII of 1994)",
"7 The words “Prime Minister” were substituted for the word “President” by section 2 of the Bangladesh Export Processing Zones Authority (Amendment) Act, 1992 (Act No. XXX of 1992)",
"8 The words “Prime Minister” were substituted for the word “President” by section 2 of the Bangladesh Export Processing Zones Authority (Amendment) Act, 1992 (Act No. XXX of 1992)",
"9 Sub-section (3) was added by section 2 of the Bangladesh Export Processing Zones Authority (Amendment) Act, 1994 (Act No. XXII of 1994)",
"10 Section 6B was inserted by section 8 of the Bangladesh Export Processing Zones Authority (Amendment) Ordinance, 1986 (Ordinance No. LII of 1986)",
"11 Section 6A was inserted by section 5 of the Bangladesh Export Processing Zones Authority (Amendment) Ordinance, 1984 (Ordinance No. XLIX of 1984)",
"12 The words and commas “The Executive Board shall, in the discharge of its functions, be aided” were substituted for the words and commas “The Authority shall, in the discharge of its functions, be added” by section 7 of the Bangladesh Export Processing Zones Authority (Amendment) Ordinance, 1986 (Ordinance No. LII of 1986)",
"13 The words “Executive Chairman” were substituted for the words “Chairman of the Authority” by section 7 of the Bangladesh Export Processing Zones Authority (Amendment) Ordinance, 1986 (Ordinance No. LII of 1986)",
"14 Sub-section (3) was substituted by section 7 of the Bangladesh Export Processing Zones Authority (Amendment) Ordinance, 1986 (Ordinance No. LII of 1986)",
"15 The words “its Chairman” were substituted for the word “Chairman” by section 7 of the Bangladesh Export Processing Zones Authority (Amendment) Ordinance, 1986 (Ordinance No. LII of 1986)",
"16 The words “Executive Board authorised by him” were substituted for the words “Authority authorised by him in this behalf” by section 7 of the Bangladesh Export Processing Zones Authority (Amendment) Ordinance, 1986 (Ordinance No. LII of 1986)",
"17 Section 7A was inserted by section 2 of the Bangladesh Export Processing Zones Authority (Amendment) Ordinance, 1985 (Ordinance No. XIII of 1985)",
"18 Clause (b) was substituted by section 9 of the Bangladesh Export Processing Zones Authority (Amendment) Ordinance, 1986 (Ordinance No. LII of 1986)",
"19 Clause (d) was substituted by section 6 of the Bangladesh Export Processing Zones Authority (Amendment) Ordinance, 1984 (Ordinance No. XLIX of 1984)",
"20 The word “Board” was substituted for the word “Government” by section 9 of the Bangladesh Export Processing Zones Authority (Amendment) Ordinance, 1986 (Ordinance No. LII of 1986)",
"21 Clause (jj) was inserted by section 6 of the Bangladesh Export Processing Zones Authority (Amendment) Ordinance, 1984 (Ordinance No. XLIX of 1984)",
"22 The commas and words “, with the prior approval of the Government,” were omitted by section 7 of the Bangladesh Export Processing Zones Authority (Amendment) Ordinance, 1984 (Ordinance No. XLIX of 1984)",
"23 Section 11B was inserted by section 11 of the Bangladesh Export Processing Zones Authority (Amendment) Ordinance, 1986 (Ordinance No. LII of 1986)",
"24 Section 11C was inserted by section 3 of the Bangladesh Export Processing Zones Authority (Amendment) Act, 1994 (Act No. XXII of 1994)",
"25 Section 11A was inserted by section 8 of the Bangladesh Export Processing Zones Authority (Amendment) Ordinance, 1984 (Ordinance No. XLIX of 1984)",
"26 The semi-colon (;) was substituted for the full-stop (.) and the entries (i) to (p) were added by section 10 of the Bangladesh Export Processing Zones Authority (Amendment) Ordinance, 1986 (Ordinance No. LII of 1986)",
"27 The word “Board” was substituted for the word “Government” by section 12 of the Bangladesh Export Processing Zones Authority (Amendment) Ordinance, 1986 (Ordinance No. LII of 1986)",
"28 Section 14 was substituted by section 9 of the Bangladesh Export Processing Zones Authority (Amendment) Ordinance, 1984 (Ordinance No. XLIX of 1984)",
"29 Section 24 was added by section 14 of the Bangladesh Export Processing Zones Authority (Amendment) Ordinance, 1986 (Ordinance No. LII of 1986)"
],
"name": "The Bangladesh Export Processing Zones Authority Act, 1980",
"num_of_sections": 34,
"published_date": "26th December, 1980",
"related_act": [
608,
672,
519,
77,
206,
442,
465,
52,
218,
93,
254,
127
],
"repelled": false,
"sections": [
{
"act_id": 608,
"details": "1. (1) This Act may be called the Bangladesh Export Processing Zones Authority Act, 1980. (2) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint.",
"name": "Short title and commencement",
"related_acts": "608",
"section_id": 1
},
{
"act_id": 608,
"details": "12. In this Act, unless there is anything repugnant in the subject or context,- (a) \t“Authority” means the Bangladesh Export Processing Zones Authority established under section 3; (b) \t“Board” means the Board of Governors of the Authority; (c) \t“Executive Board” means the Executive Board of the Authority; (d) \t“Executive Chairman” means the Executive Chairman of the Board; (e)\t“prescribed” means prescribed by rules made under this Act; and (f) \t“zone” means a place or places to be specified by the Government under section 10 as an export processing zone for the purposes of setting up export oriented industries.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 608,
"details": "3. (1) As soon as may be after the commencement of this Act, the Government shall, by notification in the official Gazette, establish an Authority to be called the Bangladesh Export Processing Zones Authority for carrying out the purposes of this Act. (2) The Authority shall be a body corporate having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and shall by the said name sue and be sued.",
"name": "Establishment of the Authority",
"related_acts": "",
"section_id": 3
},
{
"act_id": 608,
"details": "23A. (1) The general direction and administration of the affairs of the Authority shall vest in the Executive Board which may, subject to sub-section (2), exercise all powers and do all acts and things as may be exercised or done by the Authority. (2) The Executive Board, in discharging its functions, shall act in accordance with the guidance, order and instructions given by the Board of Governors of the Authority from time to time.",
"name": "General direction",
"related_acts": "",
"section_id": 4
},
{
"act_id": 608,
"details": "4. (1) The Head office of the Authority shall be located at Chittagong. (2) The Authority may establish its offices and branches at such places as it may deem fit.",
"name": "Head office, etc.",
"related_acts": "",
"section_id": 5
},
{
"act_id": 608,
"details": "34A. The objects of the Authority shall be- (a) \tto foster and generate economic development of Bangladesh by encouraging and promoting foreign investments in a Zone; (b) \tto diversify the sources of foreign exchange earnings by increasing export of Bangladesh through a Zone 4; (c) \tto encourage and foster the establishment and development of industries and commercial enterprises in a zone in order to widen and strengthen the economic base of Bangladesh; (d) \tto generate productive employment opportunity and to upgrade labour and management skills through acquisition of advanced technology.",
"name": "Objects of the Authority",
"related_acts": "",
"section_id": 6
},
{
"act_id": 608,
"details": "55. (1) There shall be a Board of Governors of the Authority which 6shall, subject to the provisions of sub-section (3), consist of the following members, namely:- (a) \tChairman; (b) \tMinister-in-charge of the Ministries or Divisions dealing with industries, commerce, finance, planning, foreign affairs, energy and ports and shipping, ex-officio; (c) \tGovernor, Bangladesh Bank, ex-officio; (d) \tSecretaries of the Ministries or Divisions dealing with industries, commerce, finance, planning, foreign affairs, energy, ports and shipping and internal resources, ex-officio; (e) \tChairman of the Executive Board, who shall also be the Secretary of the Board, ex-officio; (2) The 7Prime Minister, or a member, who is a Minister, nominated by the 8Prime Minister, shall be the Chairman of the Board. 9(3) The Government may, by notification in the official Gazette, include in the Board any person or exclude from the Board any member with approval of the Prime Minister.",
"name": "Board of Governors",
"related_acts": "",
"section_id": 7
},
{
"act_id": 608,
"details": "5A. (1) The Board- (a) \tshall formulate the policies for operation and management of the Authority and the zones; (b) shall review, from time to time, the activities and performance of the Executive Board and the zones; (c) \tmay give orders or issue instructions which are deemed appropriate for the purpose of efficient management of the affairs of the Authority and the zones. (2) The policies formulated, orders given and instruction issued by the Board shall be deemed to be the policies formulated, orders given and instructions issued by the Government and shall be followed accordingly; and they shall not require any formal approval of any Ministry or Division dealing with the matters for their implementation.",
"name": "Functions of the Board",
"related_acts": "",
"section_id": 8
},
{
"act_id": 608,
"details": "5B. (1) There shall be an Executive Board of the Authority consisting of a Chairman and three other members. (2) The Chairman of the Executive Board shall be called the Executive Chairman and he shall be the Chief Executive officer of the Authority. (3) The Executive Chairman and other members of the Executive Board shall be appointed by the Government and shall hold office on such terms and conditions as the Government may determine. (4) If a vacancy occurs in the office of the Executive Chairman or if the Executive Chairman is unable to discharge the functions of his office on account of his absence, illness or any other cause, the Government shall make such arrangement for discharging the functions of the Executive Chairman as it may consider expedient. (5) No act or proceedings of the Executive Board shall be invalid or be called in question merely on the ground of any vacancy in, or any defect in the constitution of, the Executive Board.",
"name": "Executive Board",
"related_acts": "",
"section_id": 9
},
{
"act_id": 608,
"details": "6. (1) Save as provided in this section, the Board of Governors and the Executive Board shall regulate the procedure for their meetings. (2) All meetings of the Board of Governors shall be convened by the Secretary of the Board in consultation with its Chairman and shall be held at such times and places as may be determined by him. (3) All meetings of the Executive Board shall be convened by the Executive Chairman and shall be held at such times and places as may be determined by him. (4) All meetings of the Board of Governors shall be presided over by its Chairman and, in his absence, by a member of the Board, who is a Minister, authorised by the Chairman. (5) All meetings of the Executive Board shall be presided over by its Chairman.",
"name": "Meetings",
"related_acts": "",
"section_id": 10
},
{
"act_id": 608,
"details": "106B. (1) There shall be a committee to be called the Post Sanction Clearance Committee. (2) The Committee shall consist of the following members, namely:- (a) Executive Chairman, ex-officio, who shall also be its Chairman; (b) \tController of Capital Issues, ex-officio; (c) \tRegistrar of Joint Stock Companies, ex-officio; (d)\tGeneral Manager, Exchange Control Department, Bangladesh Bank, ex-officio; (e) \tan officer of the Authority to be nominated by it, who shall also be the Secretary of the Committee. (3) The Committee shall assist the Executive Board in matters of registration of companies, capital issues and foreign exchange transactions in respect of, and in all other matters connected with the operational needs of, sanctioned industries in a zone. (4) Save as provided in this section, the Committee shall regulate the procedure of its meetings: Provided that the Committee shall meet at least once in a month. (5) The meetings of the Committee shall be convened by its Secretary and shall be presided over by its Chairman.",
"name": "Post Sanction Clearance Committee",
"related_acts": "",
"section_id": 11
},
{
"act_id": 608,
"details": "116A. (1) 12The Executive Board shall, in the discharge of its functions, be aided and advised by a Consultative Committee which shall consist of the following members:- (a) \tone member to be nominated by the Internal Resources Division from among its officers; (b) \tone member to be nominated by the Ministry of Industries from among its officers; (c) \tone member to be nominated by the Ministry of Commerce from among its officers; (d) \tone member to be nominated by the Export Promotion Bureau from among its officers; (e) \tone member to be nominated by the Finance Division from among senior bankers; (f)\tone member to be nominated by the Ministry of Industries from among prominent industrialists; (g)\tone member to be nominated by the Government from among industrialists of each Zone; (h)\tDirector General, Department of Industries, or his nominee; (i)\tDivision Chief (Industries), Planning Commission; (j)\tCommissioner of the Division in which a Zone is situated or his nominee; (k)\tChairman of the Water Supply and Sewerage Authority within the area of which a Zone is situated; (l)\tChairman of Chittagong Port Authority or Port of Chalna Authority to be nominated by the Government; (m)\tChairman of the body, by whatever name called, responsible for the development or improvement of the urban area within which a Zone is situated; (n)\tChairman, Bangladesh Small and Cottage Industries Corporation; (o) one member to be nominated by the Federation of Bangladesh Chamber of Commerce and Industries; (p) four members to be nominated by the Federation of Bangladesh Chamber of Commerce and Industries, one from among Presidents of Chamber of Commerce and Industry of each division; (q) \tone member to be nominated by the Authority from among the owners or shareholders of the enterprises set up in a Zone; (r) \tone officer of the Authority to be nominated by it who shall also be the Secretary of the Consultative Committee; and (s) such other members as may be nominated by the Government. (2) The 13Executive Chairman shall ex-officio be the Chairman of the Consultative Committee. 14(3) The meetings of the Consultative Committee shall be convened by its Chairman and shall be held at such time and place as may be determined by him. (4) All meetings of the Consultative Committee shall be presided over by the 15its Chairman or, in his absence, by a member of the 16Executive Board authorised by him. (5) To constitute a quorum at a meeting of the Consultative Committee not less than one third of the total number of its members shall be present.",
"name": "Consultative Committee",
"related_acts": "",
"section_id": 12
},
{
"act_id": 608,
"details": "177A. Notwithstanding anything contained in this Act, the Authority may, if the Government so directs, set up, maintain and manage public warehouses at any place in Bangladesh to provide customs bonded facilities in accordance with customs regulations for importation into Bangladesh of raw materials, packaging materials, semi-processed goods and accessories required for export oriented industries.",
"name": "Establishment, etc., of warehouses",
"related_acts": "",
"section_id": 13
},
{
"act_id": 608,
"details": "7. The functions of the Authority shall be- (a) \tto take possession of land to be acquired or requisitioned by the Government for the purpose of creation and development of a zone; 18(b)\tto allot land and building-spaces in a zone to investors on sale, lease or on rent and to allow them to mortgage the allotted lands for raising loan from financial institutions or commercial banks; (c) to provide infrastructure facilities, including buildings, utilities and warehouses; 19(d) \tto process applications for setting up of industries within a Zone and accord sanction in accordance with the guidelines given by the Government from time to time; (e) to provide customs bonded facilities in accordance with customs regulations for importation into a zone of building materials for construction purposes and packaging materials, raw materials and intermediate goods for the purpose of processing for exports; (f) \tto allow import of raw materials or semi processed or other goods required for use in the zone and export of semi processed, processed or other goods to be specified by the 20Board in such manner as may be prescribed; (g)\tto assist in transportation of imported raw materials and intermediate goods in bonded condition and export of finished products; (h)\tto provide necessary banking facilities within the zone in consultation with the Bangladesh Bank; (i) to establish liaison with the port, municipal and other authorities to make arrangement for transportation of imported raw materials and intermediate goods on bonded condition and for export of finished products; (j) \tto sanction employment of foreign nationals in accordance with the guidelines given by the Government from time to time, to posts for which local expertise is not available for efficient running of the industries in a zone; 21(jj) \tsubject to the approval of the Government, to enter into any contract or agreement of any kind for the purposes of this Ordinance; (k) \tto do such other acts and things as may be necessary to be done in connection with, or conducive to, the performance of the aforesaid functions.",
"name": "The functions of the Authority",
"related_acts": "",
"section_id": 14
},
{
"act_id": 608,
"details": "8. (1) There shall be a fund of the Authority to which shall be credited- (a)\tgrants and loans from the Government; (b)\tloans from such other sources as the Government may approve; (c) \tproceeds from the land allotted for setting up of industries in the zone; (d)\t rental of buildings leased out to the industries set up in the zone; (e) \tfees and service charges, if any, received for services rendered; (f) \tany other sums not specified accruing to or due to the Authority from any other source. (2) The fund of the Authority shall be used to meet expenditure in connection with the functions of the Authority under this Act.",
"name": "Fund",
"related_acts": "",
"section_id": 15
},
{
"act_id": 608,
"details": "9. The Authority may 22* * * borrow money for carrying out the purposes of this Act.",
"name": "Power to borrow",
"related_acts": "",
"section_id": 16
},
{
"act_id": 608,
"details": "10. The Government may, by notification in the official Gazette, declare any place or places to be specified in the notification to be an Export Processing Zone for the purposes of this Act.",
"name": "Power to create zones",
"related_acts": "",
"section_id": 17
},
{
"act_id": 608,
"details": "11. Where any land or any interest in any land is required by the Authority for any of its purposes under this Act that land or the interest therein may be acquired by the Government under the Land Acquisition Act, 1894 (I of 1894), for the Authority and the land or interest therein so acquired shall be deemed to be required for a public purpose.",
"name": "Acquisition of land for a zone",
"related_acts": "",
"section_id": 18
},
{
"act_id": 608,
"details": "2311B. In addition to the Committees constituted under this Ordinance, the Board of Governors or the Executive Board may, from time to time, appoint such other Committee or Committees as may be necessary to assist them in the discharge of their functions.",
"name": "Committees",
"related_acts": "",
"section_id": 19
},
{
"act_id": 608,
"details": "2411C. Notwithstanding anything contained in this Act, the Government may, by order in writing, include in, or exclude from, the Consultative Committee or the Post Sanction Clearance Committee under section 6A and 6B respectively or any other Committee appointed under section 11B with the approval of the Prime Minister.",
"name": "Inclusion in or exclusion from Committees",
"related_acts": "",
"section_id": 20
},
{
"act_id": 608,
"details": "2511A. The Government may, by notification in the official Gazette, exempt a Zone from the operation of all or any of the provisions of all or any of the following enactments or, direct that any such enactment or any provision thereof shall, in its application to a Zone, be subject to such modifications or amendments as may be specified therein, namely:- (a) \tThe Stamp Act, 1899 (II of 1899); (b) \tThe Companies Act, 1913 (VII of 1913); (c) \tThe Excises and Salt Act, 1944 (I of 1944); (d) \tThe Foreign Exchange Regulation Act, 1947 (VII of 1947); (e) \tThe Employment of Labour (Standing Orders) Act, 1965 (VIII of 1965); (f) \tThe Industrial Relations Ordinance, 1969 (XXIII of 1969); (g) \tThe Land Development Tax Ordinance, 1976 (XLII of 1976); (h) \tThe Income-tax Ordinance, 1984 (XXXVI of 1984) 26; (i) \tThe Municipality Taxation Act, 1881 (Ben. Act IX of 1881); (j)\t The Explosives Act, 1884 (IV of 1884); (k)\t The Electricity Act, 1910 (IX of 1910); (l) \tThe Boilers Act, 1923 (V of 1923); (m) The Building Construction Act, 1952 (E.B. Act II of 1953); (n) \tThe Fire Service Ordinance, 1959 (E.P. Ord. XVII of 1959); (o) \tThe Factories Act, 1965 (E.P. Act IV of 1965); (p) \tthe chittagong municipal corporation ordinance, 1982 (xxv of 1982).",
"name": "Power to exempt Zones from operation of certain laws",
"related_acts": "77,206,218,519,672,52,93,127,254",
"section_id": 21
},
{
"act_id": 608,
"details": "12. (1) A person desiring to set up an industry in a zone shall make an application to the Authority in the prescribed form for permission in that behalf. (2) The Authority or any person authorised by it in this behalf shall, on receipt of an application made under sub section (1), process it in accordance with the principle to be laid down by the 27Board in this behalf and shall, if it is satisfied that the applicant fulfils the requirements for setting up an industry in the zone, grant him a permission in the prescribed form.",
"name": "Permission for setting up industry in the zone, etc.",
"related_acts": "",
"section_id": 22
},
{
"act_id": 608,
"details": "13. The Authority may, subject to such terms and conditions as it may determine, allot, or lease out on rental basis or otherwise; land and building spaces in a zone to a person who has been granted permission under section 12 to set up an industry in that zone.",
"name": "Allotment of land etc., in a zone",
"related_acts": "",
"section_id": 23
},
{
"act_id": 608,
"details": "2814. The Authority may, with the approval of the Bangladesh Bank, permit banks, foreign and local, to operate within a Zone and to have as their constituents persons not resident in Bangladesh and to accept deposits on current account or otherwise from such persons.",
"name": "Permission to banks to operate in a Zone",
"related_acts": "",
"section_id": 24
},
{
"act_id": 608,
"details": "15. Notwithstanding anything contrary contained in any other law for the time being in force, there shall not, subject to such rules as may be prescribed, be leviable- (a) \tOn any goods, including raw materials, imported into a zone any customs duty, sales tax, octroi or excise duty or import licence or permit fee or any other charges; (b) \tOn any goods exported from a zone any duty or any other charges.",
"name": "Bonded facilities, etc.",
"related_acts": "",
"section_id": 25
},
{
"act_id": 608,
"details": "16. \tThe Authority may, with the previous approval in writing of the Government, determine, from time to time, the type or types of industries to be set up in a zone.",
"name": "Types of industries to be set up in a zone, etc.",
"related_acts": "",
"section_id": 26
},
{
"act_id": 608,
"details": "17. The Authority shall, by such date in each year as may be fixed by the Government, submit to the Government for approval a budget, in such form as the Government may specify, for each financial year, showing the estimated receipt and expenditure during that financial year.",
"name": "Budget",
"related_acts": "",
"section_id": 27
},
{
"act_id": 608,
"details": "18. (1) The accounts of the Authority shall be maintained in such manner and form as may be prescribed by the Government. (2) Without prejudice to the provisions of the Comptroller and Auditor-General (Additional Functions) Act, 1974 (XXIV of 1974), the accounts of the Authority shall be audited by an Auditor, being a chartered accountant within the meaning of the Bangladesh Chartered Accountants Order, 1973 (P.O. No. 2 of 1973), who shall be appointed by the Authority, with the prior approval of the Government, on such remuneration to be paid by the Authority as the Government may fix. (3) The auditor appointed under sub section (2) shall examine the annual balance sheet of the Authority together with the accounts and vouchers relating thereto and shall have a list delivered to him of all books kept by the Authority; and shall at all reasonable times have access to the books, accounts and other documents of the Authority, and may in relation to such accounts examine any member or officer of the Authority. (4) The auditor shall report to the Government on the accounts examined by him and in his report state whether, in his opinion, the books of accounts have been properly maintained and they exhibit the true picture of the Authority's affairs, and in case he has called for any explanation or information from the Authority, whether it has been given and whether it is satisfactory. (5) The Government, may at any time, issue direction to the auditors requiring them to report to it upon the adequacy of measures taken by the Authority for the protection of the interest of the Government and of the creditors of the Authority or upon the sufficiency of the procedure in auditing the accounts of the Authority, and may, at any time, enlarge or extend the scope of the audit or direct that a different procedure in audit be adopted or that any other examination be made by the auditors if in its opinion the public interest so requires.",
"name": "Audit and accounts",
"related_acts": "465,442",
"section_id": 28
},
{
"act_id": 608,
"details": "19. (1) The Authority shall submit to the Government, as soon as possible after the end of every financial year, a report on the conduct of its affairs for that year. (2) The Authority shall submit to the Government at such times and at such intervals as the Government may specify- (a) \tsuch returns, accounts, statements, estimates and statistics as may be required by the Government; (b) \tinformation and comments asked for by the Government on any specific subject; (c) \tcopies of documents required by the Government for examination or for any other purpose.",
"name": "Submission of reports, etc.",
"related_acts": "",
"section_id": 29
},
{
"act_id": 608,
"details": "20. The Authority may appoint such officers and other employees and engage such consultants, advisers, auditors and contractors as it may consider necessary for the efficient performance of its functions on such terms and conditions as it may deem fit.",
"name": "Appointment of officers, etc.",
"related_acts": "",
"section_id": 30
},
{
"act_id": 608,
"details": "21. Government directions, etc.- Omitted by section 13 of the Bangladesh Export Processing Zones Authority (Amendment) Ordinance, 1986 (Ordinance No. LII of 1986).",
"name": "Omitted.",
"related_acts": "",
"section_id": 31
},
{
"act_id": 608,
"details": "22. The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 32
},
{
"act_id": 608,
"details": "23. The Authority may, with the approval of the Government, make regulations, not inconsistent with the provisions of this Act and the rules made thereunder, to provide for all matters not required to be provided for by rules and for which provision is necessary or expedient for carrying out the purposes of this Act.",
"name": "Power to make regulations",
"related_acts": "",
"section_id": 33
},
{
"act_id": 608,
"details": "2924. If any difficulty arises in giving effect to the provisions of this Ordinance, the Government may, by order, do anything which appears to it to be necessary for the purpose of removing the difficulty.",
"name": "Removal of difficulties",
"related_acts": "",
"section_id": 34
}
],
"text": "An Act for the establishment of the Bangladesh Export Processing Zones Authority. WHEREAS it is expedient to make provision for the establishment of the Bangladesh Export Processing Zones Authority for creation, development, operation, management and control of export processing zones and for matters connected therewith; It is hereby enacted as follows:-"
} |
{
"id": 609,
"lower_text": [
"1 \"মানসম্মত শিক্ষাদানের উদ্দেশ্যে একটি আবাসিক ইসলামী\" শব্দগুলি \"শান্তিডাঙ্গা-দুলালপুরে শিক্ষাদান ও আবাসিক\" শব্দগুলির পরিবর্তে ইসলামী বিশ্ববিদ্যালয় (সংশোধন) আইন, ২০১০ (২০১০ সনের ১৫ নং আইন) এর ২ ধারাবলে প্রতিস্থাপিত যাহা ২ নভেম্ভর, ১৯৮২ তারিখ হইতে কার্যকর।",
"2 \"একাডেমিক\" শব্দটি \"অ্যাকাদেমী\" শব্দটির পরিবর্তে ইসলামী বিশ্ববিদ্যালয় (সংশোধন) আইন, ২০১০ (২০১০ সনের ১৫ নং আইন) এর ৪ ধারাবলে প্রতিস্থাপিত।",
"3 \"একাডেমিক\" শব্দটি \"অ্যাকাদেমী\" শব্দটির পরিবর্তে ইসলামী বিশ্ববিদ্যালয় (সংশোধন) আইন, ২০১০ (২০১০ সনের ১৫ নং আইন) এর ৪ ধারাবলে প্রতিস্থাপিত।",
"4 দফা (কক) ইসলামী বিশ্ববিদ্যালয় (সংশোধন) আইন, ২০১০ (২০১০ সনের ১৫ নং আইন) এর ৫(ক) ধারাবলে সন্নিবেশিত যাহা ১১ অক্টোবর, ২০০৬ তারিখ হইতে কার্যকর। ।",
"5 দফা (গগ) ইসলামী বিশ্ববিদ্যালয় (সংশোধন) আইন, ২০১০ (২০১০ সনের ১৫ নং আইন) এর ৫(খ) ধারাবলে সন্নিবেশিত যাহা ১১ অক্টোবর, ২০০৬ তারিখ হইতে কার্যকর।",
"6 \"একাডেমিক\" শব্দটি \"অ্যাকাদেমী\" শব্দটির পরিবর্তে ইসলামী বিশ্ববিদ্যালয় (সংশোধন) আইন, ২০১০ (২০১০ সনের ১৫ নং আইন) এর ৪ ধারাবলে প্রতিস্থাপিত।",
"7 \"কুষ্টিয়া ও যশোহর জেলার শান্তিডাঙ্গা-দুলালপুরে\" শব্দগুলি ইসলামী বিশ্ববিদ্যালয় (সংশোধন) আইন, ২০১০ (২০১০ সনের ১৫ নং আইন) এর ৬(ক) ধারাবলে বিলুপ্ত যাহা ২ নভেম্বর, ১৯৮২ হইতে কার্যকর হইবে।",
"8 উপ-ধারা (১ক) ইসলামী বিশ্ববিদ্যালয় (সংশোধন) আইন, ২০১০ (২০১০ সনের ১৫ নং আইন) এর ৬(খ) ধারাবলে সন্নিবেশিত যাহা ২ নভেম্ভর, ১৯৮২ হইতে কার্যকর।",
"9 \"একাডেমিক\" শব্দটি \"অ্যাকাদেমী\" শব্দটির পরিবর্তে ইসলামী বিশ্ববিদ্যালয় (সংশোধন) আইন, ২০১০ (২০১০ সনের ১৫ নং আইন) এর ৪ ধারাবলে প্রতিস্থাপিত।",
"10 ধারা ৪ ইসলামী বিশ্ববিদ্যালয় (সংশোধন) আইন, ২০১০ (২০১০ সনের ১৫ নং আইন) এর ৭ ধারাবলে প্রতিস্থাপিত যাহা ১১ অক্টোবর, ২০০৬ হইতে কার্যকর।",
"11 দফা (ক) ইসলামী বিশ্ববিদ্যালয় (সংশোধন) আইন, ২০১০ (২০১০ সনের ১৫ নং আইন) এর ৮ ধারাবলে প্রতিস্থাপিত যাহা ২ নভেম্ভর, ১৯৮২ হইতে কার্যকর।",
"12 \"একাডেমিক\" শব্দটি \"অ্যাকাদেমীয়\" শব্দটির পরিবর্তে ইসলামী বিশ্ববিদ্যালয় (সংশোধন) আইন, ২০১০ (২০১০ সনের ১৫ নং আইন) এর ৪ ধারাবলে প্রতিস্থাপিত।",
"13 \"একাডেমিক\" শব্দটি \"অ্যাকাদেমী\" শব্দটির পরিবর্তে ইসলামী বিশ্ববিদ্যালয় (সংশোধন) আইন, ২০১০ (২০১০ সনের ১৫ নং আইন) এর ৪ ধারাবলে প্রতিস্থাপিত।",
"14 ধারা ৭ ইসলামী বিশ্ববিদ্যালয় (সংশোধন) আইন, ২০১০ (২০১০ সনের ১৫ নং আইন) এর ৯ ধারাবলে বিলুপ্ত যাহা ২ নভেম্ভর, ১৯৮২ হইতে কার্যকর।",
"15 \"বাংলাদেশের রাষ্ট্রপতি\" শব্দগুলি \"বাংলাদেশ সরকারের প্রধানমন্ত্রী\" শব্দগুলির পরিবর্তে ইসলামী বিশ্ববিদ্যালয় (সংশোধন) আইন, ২০০৯ (২০০৯ সনের ৪৬ নং আইন) এর ২ ধারাবলে প্রতিস্থাপিত।",
"16 \"একাডেমিক\" শব্দটি \"অ্যাকাদেমী\" শব্দটির পরিবর্তে ইসলামী বিশ্ববিদ্যালয় (সংশোধন) আইন, ২০১০ (২০১০ সনের ১৫ নং আইন) এর ৪ ধারাবলে প্রতিস্থাপিত।",
"17 দফা (কক) ইসলামী বিশ্ববিদ্যালয় (সংশোধন) আইন, ২০১০ (২০১০ সনের ১৫ নং আইন) এর ১০ ধারাবলে সন্নিবেশিত যাহা ১৩ এপ্রিল, ১৯৯৯ তারিখ হইতে কার্যকর।",
"18 \"একাডেমিক\" শব্দটি \"অ্যাকাদেমী\" শব্দটির পরিবর্তে ইসলামী বিশ্ববিদ্যালয় (সংশোধন) আইন, ২০১০ (২০১০ সনের ১৫ নং আইন) এর ৪ ধারাবলে প্রতিস্থাপিত।",
"19 \"একাডেমিক\" শব্দটি \"অ্যাকাদেমী\" শব্দটির পরিবর্তে ইসলামী বিশ্ববিদ্যালয় (সংশোধন) আইন, ২০১০ (২০১০ সনের ১৫ নং আইন) এর ৪ ধারাবলে প্রতিস্থাপিত।",
"20 ধারা ১১ক ইসলামী বিশ্ববিদ্যালয় (সংশোধন) আইন, ২০১০ (২০১০ সনের ১৫ নং আইন) এর ১১ ধারাবলে সন্নিবেশিত যাহা ১৩ এপ্রিল, ১৯৯৯ তারিখ হইতে কার্যকর।",
"21 উপ-ধারা (১) ইসলামী বিশ্ববিদ্যালয় (সংশোধন) আইন, ২০১০ (২০১০ সনের ১৫ নং আইন) এর ১২ ধারাবলে প্রতিস্থাপিত যাহা ২ নভেম্ভর, ১৯৮২ তারিখ হইতে কার্যকর।",
"22 \"একাডেমিক\" শব্দটি \"অ্যাকাদেমী\" শব্দটির পরিবর্তে ইসলামী বিশ্ববিদ্যালয় (সংশোধন) আইন, ২০১০ (২০১০ সনের ১৫ নং আইন) এর ৪ ধারাবলে প্রতিস্থাপিত।",
"23 \"একাডেমিক\" শব্দটি \"অ্যাকাদেমী\" শব্দটির পরিবর্তে ইসলামী বিশ্ববিদ্যালয় (সংশোধন) আইন, ২০১০ (২০১০ সনের ১৫ নং আইন) এর ৪ ধারাবলে প্রতিস্থাপিত।",
"24 দফা (খখ) ইসলামী বিশ্ববিদ্যালয় (সংশোধন) আইন, ২০১০ (২০১০ সনের ১৫ নং আইন) এর ১৩(ক) ধারাবলে সনি্নবেশিত যাহা ১১ অক্টোবর, ২০০৬ তারিখ হইতে কার্যকর।",
"25 দফা (ঘঘ) ইসলামী বিশ্ববিদ্যালয় (সংশোধন) আইন, ২০১০ (২০১০ সনের ১৫ নং আইন) এর ১৩(খ) ধারাবলে সন্নিবেশিত যাহা ১১ অক্টোবর, ২০০৬ তারিখ হইতে কার্যকর।",
"26 উপ-ধারা (১) এবং (১ক) ইসলামী বিশ্ববিদ্যালয় (সংশোধন) আইন, ২০১০ (২০১০ সনের ১৫ নং আইন) এর ১৪ ধারাবলে প্রতিস্থাপিত।",
"27 \"একাডেমিক\" শব্দটি \"অ্যাকাদেমী\" শব্দটির পরিবর্তে ইসলামী বিশ্ববিদ্যালয় (সংশোধন) আইন, ২০১০ (২০১০ সনের ১৫ নং আইন) এর ৪ ধারাবলে প্রতিস্থাপিত।",
"28 \"একাডেমিক\" শব্দটি \"অ্যাকাদেমী\" শব্দটির পরিবর্তে ইসলামী বিশ্ববিদ্যালয় (সংশোধন) আইন, ২০১০ (২০১০ সনের ১৫ নং আইন) এর ৪ ধারাবলে প্রতিস্থাপিত।",
"29 দফা (কক) ইসলামী বিশ্ববিদ্যালয় (সংশোধন) আইন, ২০১০ (২০১০ সনের ১৫ নং আইন) এর ১৫ ধারাবলে সন্নিবেশিত যাহা ১৩ এপ্রিল, ১৯৯৯ তারিখ হইতে কার্যকর।",
"30 \"একাডেমিক\" শব্দটি \"অ্যাকাদেমী\" শব্দটির পরিবর্তে ইসলামী বিশ্ববিদ্যালয় (সংশোধন) আইন, ২০১০ (২০১০ সনের ১৫ নং আইন) এর ৪ ধারাবলে প্রতিস্থাপিত।",
"31 ধারা ২২ ইসলামী বিশ্ববিদ্যালয় (সংশোধন) আইন, ২০১০ (২০১০ সনের ১৫ নং আইন) এর ১৬ ধারাবলে প্রতিস্থাপিত যাহা ১১ অক্টোবর, ২০০৬ তারিখ হইতে কার্যকর ।",
"32 ধারা ২২ক ইসলামী বিশ্ববিদ্যালয় (সংশোধন) আইন, ২০১০ (২০১০ সনের ১৫ নং আইন) এর ১৭ ধারাবলে সন্নিবেশিত।",
"33 ধারা ২২খ ইসলামী বিশ্ববিদ্যালয় (সংশোধন) আইন, ২০১০ (২০১০ সনের ১৫ নং আইন) এর ১৭ ধারাবলে সন্নিবেশিত ।",
"34 \"একাডেমিক\" শব্দটি \"অ্যাকাদেমী\" শব্দটির পরিবর্তে ইসলামী বিশ্ববিদ্যালয় (সংশোধন) আইন, ২০১০ (২০১০ সনের ১৫ নং আইন) এর ৪ ধারাবলে প্রতিস্থাপিত।",
"35 উপ-ধারা (৪) ইসলামী বিশ্ববিদ্যালয় (সংশোধন) আইন, ২০১০ (২০১০ সনের ১৫ নং আইন) এর ১৮ ধারাবলে প্রতিস্থাপিত যাহা ১১ অক্টোবর, ২০০৬ তারিখ হইতে কার্যকর ।",
"36 ধারা ২৫ক ইসলামী বিশ্ববিদ্যালয় (সংশোধন) আইন, ২০১০ (২০১০ সনের ১৫ নং আইন) এর ১৯ ধারাবলে সন্নিবেশিত।",
"37 উপ-ধারা (১) ও (১ক) ইসলামী বিশ্ববিদ্যালয় (সংশোধন) আইন, ২০১০ (২০১০ সনের ১৫ নং আইন) এর ২০ ধারাবলে প্রতিস্থাপিত।",
"38 দফা (কক) ইসলামী বিশ্ববিদ্যালয় (সংশোধন) আইন, ২০১০ (২০১০ সনের ১৫ নং আইন) এর ২১ ধারাবলে সন্নিবেশিত যাহা ১১ অক্টোবর, ২০০৬ তারিখ হইতে কার্যকর ।",
"39 \"বিশ্ববিদ্যালয় এবং ইহার অধিভুক্ত ফাজিল ও কামিল মাদ্রাসায়\" শব্দসমূহ \"বিশ্ববিদ্যালয়ে\" শব্দটির পরিবর্তে ইসলামী বিশ্ববিদ্যালয় (সংশোধন) আইন, ২০১০ (২০১০ সনের ১৫ নং আইন) এর ২২ ধারাবলে প্রতিস্থাপিত।",
"40 \"একাডেমিক\" শব্দটি \"অ্যাকাদেমী\" শব্দটির পরিবর্তে ইসলামী বিশ্ববিদ্যালয় (সংশোধন) আইন, ২০১০ (২০১০ সনের ১৫ নং আইন) এর ৪ ধারাবলে প্রতিস্থাপিত।",
"41 \"একাডেমিক\" শব্দটি \"অ্যাকাদেমী\" শব্দটির পরিবর্তে ইসলামী বিশ্ববিদ্যালয় (সংশোধন) আইন, ২০১০ (২০১০ সনের ১৫ নং আইন) এর ৪ ধারাবলে প্রতিস্থাপিত।",
"42 \"একাডেমিক\" শব্দটি \"অ্যাকাদেমী\" শব্দটির পরিবর্তে ইসলামী বিশ্ববিদ্যালয় (সংশোধন) আইন, ২০১০ (২০১০ সনের ১৫ নং আইন) এর ৪ ধারাবলে প্রতিস্থাপিত।",
"43 \"একাডেমিক\" শব্দটি \"অ্যাকাদেমী\" শব্দটির পরিবর্তে ইসলামী বিশ্ববিদ্যালয় (সংশোধন) আইন, ২০১০ (২০১০ সনের ১৫ নং আইন) এর ৪ ধারাবলে প্রতিস্থাপিত।",
"44 \"একাডেমিক\" শব্দটি \"অ্যাকাদেমী\" শব্দটির পরিবর্তে ইসলামী বিশ্ববিদ্যালয় (সংশোধন) আইন, ২০১০ (২০১০ সনের ১৫ নং আইন) এর ৪ ধারাবলে প্রতিস্থাপিত।",
"45 \"একাডেমিক\" শব্দটি \"অ্যাকাদেমী\" শব্দটির পরিবর্তে ইসলামী বিশ্ববিদ্যালয় (সংশোধন) আইন, ২০১০ (২০১০ সনের ১৫ নং আইন) এর ৪ ধারাবলে প্রতিস্থাপিত।",
"46 ধারা ৩৪ক ইসলামী বিশ্ববিদ্যালয় (সংশোধন) আইন, ২০১০ (২০১০ সনের ১৫ নং আইন) এর ২৩ ধারাবলে সনি্নবেশিত যাহা ১১ অক্টোবর, ২০০৬ তারিখ হইতে কার্যকর ।",
"47 \"একাডেমিক\" শব্দটি \"অ্যাকাদেমী\" শব্দটির পরিবর্তে ইসলামী বিশ্ববিদ্যালয় (সংশোধন) আইন, ২০১০ (২০১০ সনের ১৫ নং আইন) এর ৪ ধারাবলে প্রতিস্থাপিত।",
"48 \"একাডেমিক\" শব্দটি \"অ্যাকাদেমী\" শব্দটির পরিবর্তে ইসলামী বিশ্ববিদ্যালয় (সংশোধন) আইন, ২০১০ (২০১০ সনের ১৫ নং আইন) এর ৪ ধারাবলে প্রতিস্থাপিত।",
"49 \"একাডেমিক\" শব্দটি \"অ্যাকাদেমী\" শব্দটির পরিবর্তে ইসলামী বিশ্ববিদ্যালয় (সংশোধন) আইন, ২০১০ (২০১০ সনের ১৫ নং আইন) এর ৪ ধারাবলে প্রতিস্থাপিত।",
"50 ধারা ৪৯ক ইসলামী বিশ্ববিদ্যালয় (সংশোধন) আইন, ২০১০ (২০১০ সনের ১৫ নং আইন) এর ২৪ ধারাবলে সন্নিবেশিত। যাহা ১১ অক্টোবর, ২০০৬ তারিখ হইতে কার্যকর ।",
"51 ধারা ৫১ ইসলামী বিশ্ববিদ্যালয় (সংশোধন) আইন, ২০১০ (২০১০ সনের ১৫ নং আইন) এর ২৫ ধারাবলে সংযোজিত।"
],
"name": "ইসলামী বিশ্ববিদ্যালয় আইন, ১৯৮০",
"num_of_sections": 57,
"published_date": "২৭শে ডিসেম্বর , ১৯৮০",
"related_act": [],
"repelled": false,
"sections": [
{
"act_id": 609,
"details": "১। এই আইন ১৯৮০ সালের ইসলামী বিশ্ববিদ্যালয় আইন নামে অভিহিত হইবে।",
"name": "সংক্ষিপ্ত শিরনামা",
"related_acts": "",
"section_id": 1
},
{
"act_id": 609,
"details": "২। বিষয় বা প্রসঙ্গের পরিপন্থী কিছু না থাকিলে এই আইনে,- (ক) \" 2 একাডেমিক কাউন্সিল\" বলিতে বিশ্ববিদ্যালয়ের 3 একাডেমিক কাউন্সিল বুঝাইবে; 4 (কক) \"মাদ্রাসা সংক্রান্ত একাডেমিক কমিটি\" বলিতে ২২ক ধারায় বর্ণিত মাদ্রাসা সংক্রান্ত একাডেমিক কমিটি বুঝাইবে; (খ) \"কর্তৃপক্ষ\" বলিতে ১৮ ধারায় বর্ণিত বিশ্ববিদ্যালয়ের কর্তৃপক্ষ বুঝাইবে; (গ) \"কমিশন\" বলিতে ১৯৭৩ সালের বাংলাদেশ বিশ্ববিদ্যালয় মঞ্জুরী কমিশন আদেশ দ্বারা গঠিত বাংলাদেশ বিশ্ববিদ্যালয় মঞ্জুরী কমিশন বুঝাইবে; 5 (গগ) \"কারিকুলাম কমিটি\" বলিতে ২৫ক ধারায় বর্ণিত কারিকুলাম কমিটি বুঝাইবে; (ঘ) \"ডীন\" বলিতে একটি ফ্যাকালটির 6 একাডেমিক প্রধান বুঝাইবে; (ঙ) \"নির্ধারিত\" বলিতে সংবিধি, অধ্যাদেশ বা প্রবিধান দ্বারা নির্ধারিত বুঝাইবে; (চ) \"বিশ্ববিদ্যালয়\" অর্থ ৩ ধারার অধীন প্রতিষ্ঠিত ইসলামী বিশ্ববিদ্যালয়; (ছ) \"শিক্ষক\" বলিতে বিশ্ববিদ্যালয়ের অধ্যাপক, সহযোগী অধ্যাপক, সহকারী অধ্যাপক বা প্রভাষক বুঝাইবে, এবং বিশ্ববিদ্যালয় কর্তৃক শিক্ষক বলিয়া ঘোষিত অন্য যে কোন ব্যক্তি ইহার অন্তর্ভুক্ত; (জ) \"সংবিধি\",\"অধ্যাদেশ\" ও \"প্রবিধান\" বলিতে এই আইনের অধীন প্রণীত সংবিধি, অধ্যাদেশ ও প্রবিধান বুঝাইবে; (ঝ) \"সিন্ডিকেট\" বলিতে বিশ্ববিদ্যালয়ের সিন্ডিকেট বুঝাইবে; (ঞ) \"ছাত্রাবাস\" বলিতে, যে নামেই অভিহিত হউক না কেন, বিশ্ববিদ্যালয়ের ছাত্রদের জন্য এমন একটি আবাসিক একাংশ বুঝাইবে, বিশ্ববিদ্যালয় যে একাংশের ব্যবস্থা ও রক্ষণাবেক্ষণ করিবেন, ছাত্রদের বিধিসংগত শিক্ষা-বহির্ভূত কার্যাবলীর উৎকর্ষসাধনের জন্য।",
"name": "সংজ্ঞা",
"related_acts": "",
"section_id": 2
},
{
"act_id": 609,
"details": "৩। (১) এই আইনের বিধান অনুযায়ী 7 *** একটি বিশ্ববিদ্যালয় স্থাপিত হইবে, যাহা ইসলামী বিশ্ববিদ্যালয় নামে অভিহিত হইবে। 8 (১ক) সরকার, সরকারি গেজেটে প্রজ্ঞাপন দ্বারা, যে স্থান নির্ধারণ করিবে সে স্থানে বিশ্ববিদ্যালয় স্থাপিত হইবে। (২) প্রথম চ্যান্সেলর ও প্রথম ভাইস-চ্যান্সেলর এবং সিন্ডিকেট ও 9 একাডেমিক কাউন্সিলের প্রথম সদস্যবর্গ এবং ইহার পর যে সকল ব্যক্তি অনুরূপ অফিসার বা সদস্য হইবেন, তাঁহারা যতদিন অনুরূপ পদে অধিষ্ঠিত থাকিবেন কিংবা সদস্য থাকিবেন, ততদিন তাঁহাদের লইয়া ইসলামী বিশ্ববিদ্যালয় নামে একটি সংবিধিবব্ধ সংস্থা গঠিত হইবে। (৩) বিশ্ববিদ্যালয়ের স্থায়ী ধারাবাহিকতা ও একটি সাধারণ সীলমোহর থাকিবে এবং উক্ত নামে বিশ্ববিদ্যালয়ের পক্ষে বা বিপক্ষে মামলা দায়ের করা যাইবে। (৪) সরকার সরকারী গেজেটে বিজ্ঞপ্তি দ্বারা যেমন নির্ধারণ করিবেন, সেইরূপ এলাকা লইয়া বিশ্ববিদ্যালয়ের ক্যামপাস গঠিত হইবে।",
"name": "বিশ্ববিদ্যালয়",
"related_acts": "",
"section_id": 3
},
{
"act_id": 609,
"details": "10 ৪। (১) বিশ্ববিদ্যালয় শিক্ষাদান ও আবাসিক বিশ্ববিদ্যালয়রূপে এবং ফাজিল ও কামিল মাদ্রাসাসমূহের অধিভুক্তকরণ কর্তৃপক্ষ হিসাবে গণ্য হইবে। (২) বিশ্ববিদ্যালয় এই আইন দ্বারা বা আইনের অধীন প্রদত্ত ক্ষমতা প্রয়োগ করিবে।",
"name": "এখতিয়ার",
"related_acts": "",
"section_id": 4
},
{
"act_id": 609,
"details": "৫। এই আইন ও ১৯৭৩ সালের বিশ্ববিদ্যালয় মঞ্জুরী কমিশন আদেশের বিধানাবলী -সাপেক্ষে এবং যেরূপ নির্ধারিত হইবে, সেইরূপ শর্তাবলী-সাপেক্ষে, বিশ্ববিদ্যালয়ের নিম্নরূপ ক্ষমতা ও কার্যাবলী থাকিবেঃ- 11 (ক) ধর্মতত্ত্ব ও ইসলামী শিক্ষার অন্যান্য শিক্ষণ-শাখাসমূহ এবং তুলনামূলক আইনবিজ্ঞান ও অনুরূপ অন্যান্য শিক্ষণ-শাখাসমূহে স্নাতক ও স্নাতকোত্তর পর্যায়ে শিক্ষা-চর্চার উদ্দেশ্যে বিশ্ববিদ্যালয় যেরূপ উপযুক্ত মনে করিবে সেরূপ ব্যবস্থা গ্রহণ এবং গবেষণা ও উচ্চতর-গবেষণার ব্যবস্থা গ্রহণসহ জ্ঞানের অগ্রসরতা ও বিকিরণের জন্য প্রশিক্ষণের ব্যবস্থা গ্রহণ; (খ) শিক্ষাক্রম নির্ধারণ; (গ) পরীক্ষা গ্রহণ এবং সেই সকল ব্যক্তিকে সার্টিফিকেট, ডিপ্লোমা, ডিগ্রী ও অন্যান্য 12 একাডেমিক সম্মান মঞ্জুর ও প্রদান করা, যে সকল ব্যক্তি- (কক) বিশ্ববিদ্যালয় কর্তৃক বা বিশ্ববিদ্যালয়ের জন্য প্রদত্ত নির্ধারিত শিক্ষাক্রম অনুসরণ করিয়াছেন, অথবা (খখ) সংবিধিতে বিধৃত শর্তাবলীর অধীন গবেষণা বা ব্যক্তিগত অধ্যয়ন পরিচালনা করিয়াছেন; (ঘ) সংবিধিতে বিধৃত আকারে সম্মানসূচক ডিগ্রী বা অন্যান্য সম্মান প্রদান; (ঙ) বিশ্ববিদ্যালয় যে সকল ব্যক্তিকে স্থির করিয়া দিবেন, সেই সকল ব্যক্তির জন্য বক্তৃতা ও শিক্ষা প্রদানের ব্যবস্থা করা এবং সংবিধিতে বিধৃত শর্তাবলীর অধীন তাঁহাদিগকে ডিপ্লোমা সার্টিফিকেট মঞ্জুর করা; (চ) বিশ্ববিদ্যালয় যে প্রকারে এবং যে উদ্দেশ্যে নির্ধারণ করিয়া দিবেন, সেই প্রকারে এবং সেই উদ্দেশ্যে অন্যান্য বিশ্ববিদ্যালয় ও কর্তৃপক্ষের সহিত সহযোগিতা করা; (ছ) অধ্যাপক, সহযোগী অধ্যাপক, প্রভাষক এবং বিশ্ববিদ্যালয় কর্তৃক প্রয়োজনীয় অন্য যে কোন শিক্ষকের পদ প্রবর্তন এবং সংবিধি অনুযায়ী সেইগুলিতে লোক নিয়োগ করা; (জ) নির্ধারিত শর্তাবলী অনুযায়ী ফেলোশীপ, স্কলারশীপ, পুরস্কার ও মেডেল প্রবর্তন ও বিতরণ; (ঝ) অধ্যাদেশ দ্বারা যেরূপ ফিস নির্ধারণ করা হইবে, সেইরূপ ফিস দাবী ও আদায় করা; (ঞ) শিক্ষাদান ও গবেষণার উন্নয়নের জন্য 13 একাডেমিক যাদুঘর, পরীক্ষাগার, বিদ্যালয় ও প্রতিষ্ঠান স্থাপন ও সেইগুলি রক্ষণাবেক্ষণ করা এবং প্রদর্শনীর ব্যবস্থা করা; (ট) ছাত্রাবাসসমূহ স্থাপন ও রক্ষণাবেক্ষণ; (ঠ) বিশ্ববিদ্যালয়ের ছাত্রদের আবাস ও শৃঙখলা তত্ত্বাবধান ও নিয়ন্ত্রণ, তাঁহাদের পাঠ্যক্রমবহির্ভূত কার্যাবলীর উন্নতিবর্ধন এবং তাঁহাদের স্বাস্থ্য ও নৈতিক চরিত্রের উৎকর্ষসাধনের জন্য ব্যবস্থা গ্রহণ; (ড) ইহার কার্যাবলী সমপাদনে অথবা এই আইনের উদ্দেশ্য পালনে অন্যান্য যে সকল কাজ প্রয়োজন, প্রসঙ্গিক বা সহায়ক হইবে, সেই সকল কাজ করা।",
"name": "বিশ্ববিদ্যালয়ের ক্ষমতা ও কার্যাবলী",
"related_acts": "",
"section_id": 5
},
{
"act_id": 609,
"details": "৬। (১) বিশ্ববিদ্যালয়ের শিক্ষাক্রমের সঙ্গে সম্পর্কিত সকল অনুমোদিত শিক্ষাদান বিশ্ববিদ্যালয় কর্তৃক পরিচালিত হইবে এবং অধ্যাদেশ দ্বারা নির্ধারিত পদ্ধতিতে বিশ্ববিদ্যালয়ের শিক্ষকগণ কর্তৃক পরিচালিত বক্তৃতা, পরীক্ষাগারে বা ওয়ার্কশপে অনুষ্ঠিত অনুপাঠ ও অন্যান্য শিক্ষাদান ইহার অন্তর্ভুক্ত হইবে। (২) এইরূপ শিক্ষাদানের ব্যবস্থা গ্রহণের দায়িত্ব কোন কর্তৃপক্ষের উপর থাকিবে, তাহা সংবিধিতে নির্ধারিত থাকিবে। (৩) শিক্ষাক্রম ও পাঠ্যসূচী অধ্যাদেশ ও প্রবিধান দ্বারা নির্ধারিত হইবে।",
"name": "বিশ্ববিদ্যালয়ের শিক্ষাদান",
"related_acts": "",
"section_id": 6
},
{
"act_id": 609,
"details": "14***",
"name": "ভিজিটর",
"related_acts": "",
"section_id": 7
},
{
"act_id": 609,
"details": "৮। (১) গণপ্রজাতন্ত্রী 15 বাংলাদেশের রাষ্ট্রপতি বিশ্ববিদ্যালয়ের চ্যান্সেলর থাকিবেন এবং উপস্থিত থাকিলে বিশ্ববিদ্যালয়ের সমাবর্তন অনুষ্ঠানসমূহে 16 একাডেমিক ও সম্মানসূচক ডিগ্রী প্রদানের জন্য সভাপতিত্ব করিবেন। (২) এই আইন বা সংবিধি দ্বারা চ্যান্সেলরকে যেইমতো ক্ষমতা প্রদান করা হইবে, তিনি সেইমতো ক্ষমতার অধিকারী থাকিবেন। (৩) কোন সম্মানসূচক ডিগ্রী প্রদানের প্রতিটি প্রস্তাবের ক্ষেত্রে চ্যান্সেলরের অনুমোদন লইতে হইবে।",
"name": "চ্যান্সেলর",
"related_acts": "",
"section_id": 8
},
{
"act_id": 609,
"details": "৯। বিশ্ববিদ্যালয়ের নিম্নরূপ অফিসারগণ থাকিবেনঃ- (ক) ভাইস-চ্যান্সেলর, 17 (কক) প্রো-ভাইস-চ্যান্সেলর; (খ) কোষাধ্যক্ষ, (গ) রেজিস্ট্রার, (ঘ) ডীন, (ঙ) কন্ট্রোলার অফ একজামিনেশনস্, (চ) সংবিধি দ্বারা বিশ্ববিদ্যালয়ের অফিসার হিসাবে ঘোষিত অন্য যে কোন অফিসার।",
"name": "বিশ্ববিদ্যালয়ের অফিসারগণ",
"related_acts": "",
"section_id": 9
},
{
"act_id": 609,
"details": "১০। (১) চ্যান্সেলর যে শর্তাবলী নির্ধারণ করিয়া দিবেন, সেইমতো তিনি চার বৎসরের জন্য ভাইস-চ্যান্সেলর নিয়োগ করিবেন। (২) ভাইস-চ্যান্সেলর কোন সময় অনুপস্থিত থাকিলে অথবা অসুস্থতাবশতঃ বা অন্য কোন কারণে তাঁহার কার্যাবলী সম্পাদনে অসমর্থ হইলে, চ্যান্সেলর ভাইস-চ্যান্সেলরের কার্যাবলী সম্পাদনের জন্য সেইরূপ উপযুক্ত মনে করিবেন, সেইরূপ ব্যবস্থা গ্রহণ করিবেন।",
"name": "ভাইস-চ্যান্সেলর",
"related_acts": "",
"section_id": 10
},
{
"act_id": 609,
"details": "১১। (১) ভাইস-চ্যান্সেলর বিশ্ববিদ্যালয়ের পূর্ণকালীন নির্বাহী ও 18 একাডেমিক অফিসার থাকিবেন। (২) ভাইস-চ্যান্সেলর চ্যান্সেলরের অনুপস্থিতিতে বিশ্ববিদ্যালয়ের সমাবর্তনে সভাপতিত্ব করিবেন এবং বিশ্ববিদ্যালয়ের যে কোন কর্তৃপক্ষ অথবা প্রতিষ্ঠানের কোন সভাতে উপস্থিত থাকিতে এবং কথা বলিতে পারিবেন, তবে সংশ্লিষ্ট কর্তৃপক্ষের বা প্রতিষ্ঠানের সদস্য না হইলে তাহাতে তাহার ভোট প্রদানের অধিকার থাকিবে না। (৩) ভাইস-চ্যান্সেলর এই বিধানসমূহ, সংবিধি ও অধ্যাদেশসমূহ বিশ্বস্ততার সহিত পরিপালিত হইতেছে কিনা, সে সমপর্কে নিশ্চিয়তাবিধান করিবেন এবং এই উদ্দেশ্যে প্রয়োজনীয় ক্ষমতা প্রয়োগ করিবেন। (৪) জরুরী পরিস্থিতির ক্ষেত্রে ভাইস-চ্যান্সেলর প্রয়োজন মনে করিলে সেইমতো তাৎক্ষণিক ব্যবস্থা গ্রহণ করিবেন এবং তৎপর সাধারণতঃ যে অফিসার, কর্তৃপক্ষ কিংবা অন্য যে প্রতিষ্ঠান বিষয়টি সম্পর্কে কাজ করেন, তাঁহাকে বা তাঁহাদিগকে যথাশীঘ্র তিনি যে ব্যবস্থা গ্রহণ করিয়াছেন, তাহার একটি রিপোর্ট প্রদান করিবেনঃ তবে শর্ত থাকে যে, এই উপ-ধারায় ভাইস-চ্যান্সেলরকে এইরূপ কোন ক্ষমতা প্রদান করে না, যাহাতে তিনি নুতন পদ সৃষ্টি করিতে পারেন অথবা অনুমোদিত বার্ষিক বাজেটে প্রদর্শিত অর্থের পরিমাণ অপেক্ষা অধিক পরিমাণ অর্থ ব্যয় করিতে পারেন। (৫) ভাইস-চ্যান্সেলর অনধিক ছয় মাসের জন্য কোষাধ্যক্ষ ব্যতীত অফিসার, শিক্ষক ও কর্মচারী নিয়োগ করিতে পারিবেন এবং এইরূপ নিয়োগের বিষয় সিন্ডিকেটের নিকট রিপোর্ট করিতে হইবেঃ তবে শর্ত থাকে যে, কর্তৃপক্ষ কর্তৃক পূর্বেই অনুমোদিত নহে, এইরূপ কোন পদে লোক নিয়োগ করা যাইবে না। (৬) ভাইস-চ্যান্সেলর সিন্ডিকেটের অনুমোদন লইয়া, তিনি প্রয়োজন বিবেচনা করিলে তাঁহার এইরূপ ক্ষমতা ও কার্যাবলী বিশ্ববিদ্যালয়ের যে সকল অফিসারকে উপযুক্ত মনে করিবেন, সেই সকল অফিসারের নিকট অর্পণ করিতে পারিবেন। (৭) ভাইস-চ্যান্সেলর সিন্ডিকেট ও 19 একাডেমিক পরিষদের সভা আহবান করিবেন। (৮) বিশ্ববিদ্যালয়ের কোন কর্তৃপক্ষ বা প্রতিষ্ঠানের কোন সিদ্ধান্ত-প্রস্তাবের সহিত ভাইস-চ্যান্সেলর একমত না হইলে, তিনি সেই সিদ্ধান্ত-প্রস্তাবের বাস্তবায়ন বন্ধ রাখিতে পারেন এবং রায়ের জন্য চ্যান্সেলরের নিকট তাহা পাঠাইতে পারেন এবং সেই ব্যাপারে চ্যান্সেলরের রায় চূড়ান্ত হইবে। (৯) ভাইস-চ্যান্সেলর বিশ্ববিদ্যালয়ের অফিসার ও শিক্ষকগণের নিযুক্তি, কর্মচ্যুতি ও সাময়িক বরখাস্ত এবং তাঁহাদের বিরুদ্ধে অন্যান্য শৃঙখলামুলক ব্যবস্থা গ্রহণ সম্পর্কে সিন্ডিকেটের রায়কে কার্যকর করিবেন। (১০) ভাইস-চ্যান্সেলর বিশ্ববিদ্যালয়ের অফিসার, শিক্ষক ও কর্মচারীগণের উপর সাধারণ নিয়ন্ত্রণ প্রয়োগ করিবেন। (১১) এই আইন, সংবিধি ও অধ্যাদেশ অনুসারে বিশ্ববিদ্যালয়ে শৃঙখলা রক্ষা করিবার দায়িত্ব ভাইস-চ্যান্সেলরের উপর থাকিবে। (১২) ভাইস-চ্যান্সেলর সংবিধি, অধ্যাদেশ ও প্রবিধান দ্বারা নির্ধারিত আর কোন ক্ষমতা থাকিলে তাহা প্রয়োগ করিবেন।",
"name": "ভাইস-চ্যান্সেলরের ক্ষমতা ও কার্যাবলী",
"related_acts": "",
"section_id": 11
},
{
"act_id": 609,
"details": "20 ১১ ক। (১) চ্যান্সেলর, তদ্কর্তৃক নির্ধারিত শর্তে, চার বৎসর মেয়াদে, বিশ্ববিদ্যালয়ের কোন অধ্যাপককে প্রো-ভাইস-চ্যান্সেলর নিয়োগ করিতে পারিবেন। (২) উপ-ধারা (১) এ যাহা কিছুই থাকুক না কেন, চ্যান্সেলর, প্রয়োজন মনে করিলে, যে কোন সময় কারণ দর্শানো ব্যতিরেকে, প্রো-ভাইস-চ্যান্সেলরকে তাঁহার পদ হইতে অব্যাহতি প্রদান করিতে পারিবেন। (৩) প্রো-ভাইস-চ্যান্সেলর সংবিধি ও অধ্যাদেশ দ্বারা নির্ধারিত এবং ভাইস-চ্যান্সেলর কর্তৃক প্রদত্ত ক্ষমতা প্রয়োগ ও দায়িত্ব পালন করিবেন।",
"name": "প্রো-ভাইস-চ্যান্সেলর",
"related_acts": "",
"section_id": 12
},
{
"act_id": 609,
"details": "১২। 21 (১) চ্যান্সেলর, তদ্কর্তৃক নির্ধারিত শর্ত ও মেয়াদে, একজন কোষাধ্যক্ষ নিয়োগ করিতে পারিবেন এবং এইরূপ নিয়োগপ্রাপ্ত কোষাধ্যক্ষ বিশ্ববিদ্যালয়ের একজন পূর্ণকালীন (whole time) অফিসার হইবেন। (২) কোষাধ্যক্ষ অসুস্থতাবশতঃ কিংবা অন্য কোন কারণে অনুপস্থিত থাকিলে অথবা দায়িত্ব পালনে অসমর্থ হইলে, চ্যান্সেলর ভাইস-চ্যান্সেলরের নিকট হইতে রিপোর্ট পাইবার পর কোষাধ্যক্ষের দায়িত্ব সম্পাদনের জন্য তিনি যেরূপ উপযুক্ত মনে করিবেন, সেইরূপ ব্যবস্থা করিবেন। (৩) কোষাধ্যক্ষ বিশ্ববিদ্যালয়ের আর্থিক বিষয়াদির যথাযথ ব্যবস্থাপনার জন্য দায়ী থাকিবেন এবং সমস্ত অর্থ যে সকল উদ্দেশ্যে মঞ্জুর বা বরাদ্দ করা হয়, সেই সকল উদ্দেশ্যে তাহা ব্যয়িত হইয়াছে কিনা তাহার নিশ্চয়তা বিধান করিবেন। (৪) কোষাধ্যক্ষ, সিন্ডিকেটের নিয়ন্ত্রণ সাপেক্ষে, বিশ্ববিদ্যালয়ের সম্পত্তি ও বিনিয়োগের ব্যবস্থাপনা পরিচালনা করিবেন। (৫) কোষাধ্যক্ষ বার্ষিক বাজেট ও হিসাব-বিবরণ সিন্ডিকেটের সম্মুখে বিবেচনার জন্য পেশ করিবেন। (৬) কোষাধ্যক্ষ বিশ্ববিদ্যালয়ের পক্ষে সকল চুক্তিতে স্বাক্ষর করিবেন। (৭) কোষাধ্যক্ষ, সংবিধি ও অধ্যাদেশ দ্বারা নির্ধারিত আর কোন ক্ষমতা থাকিলে, তাহা প্রয়োগ করিবেন।",
"name": "কোষাধ্যাক্ষ",
"related_acts": "",
"section_id": 13
},
{
"act_id": 609,
"details": "১৩। বিশ্ববিদ্যালয়ের যে সকল অফিসার নিয়োগের পদ্ধতি এই আইনের কোথায়ও বিশেষভাবে উল্লেখ নাই, সিন্ডিকেট সংবিধিতে নির্ধারিত পদ্ধতিতে সে সকল অফিসার নিয়োগ করিবেন।",
"name": "অন্যান্য অফিসার নিয়োগ",
"related_acts": "",
"section_id": 14
},
{
"act_id": 609,
"details": "১৪। রেজিস্ট্রার সিন্ডিকেট ও 22 একাডেমিক কাউন্সিলের সচিব হিসাবে কাজ করিবেন এবং সংবিধি অনুযায়ী গ্রাজুয়েটদের একটি নিবন্ধ চালু রাখিবেন এবং তিনি সংবিধি ও অধ্যাদেশ দ্বারা নির্ধারিত আর কোন কার্যাবলী থাকিলে তাহা সম্পাদন করিবেন।",
"name": "রেজিস্ট্রার",
"related_acts": "",
"section_id": 15
},
{
"act_id": 609,
"details": "১৫। কন্ট্রোলার অব একজামিনেশনস্ পরীক্ষা পরিচালনার সহিত সম্পর্কিত সকল বিষয়ের দায়িত্বে থাকিবেন এবং সংবিধি ও অধ্যাদেশ দ্বারা নির্ধারিত আর কোন কার্যাবলী থাকিলে তাহা সম্পাদন করিবেন।",
"name": "কন্ট্রোলার অব একজামিনেশনস্",
"related_acts": "",
"section_id": 16
},
{
"act_id": 609,
"details": "১৬। (১) হিসাব পরিচালক কোষাধ্যাক্ষের তত্ত্বাবধানে বিশ্ববিদ্যালয়ের তহবিল পরিচালনার দায়িত্বে নিযুক্ত থাকিবেন এবং সংবিধি ও অধ্যাদেশ দ্বারা আর কোন কার্যাবলী নির্ধারিত থাকিলে এবং ভাইস-চ্যান্সেলর তাঁহাকে কোন কাজ দিলে, তিনি তাহা সম্পাদন করিবেন। (২) হিসাব পরিচালক অর্থ-কমিটির সচিব থাকিবেন।",
"name": "হিসাব পরিচালক",
"related_acts": "",
"section_id": 17
},
{
"act_id": 609,
"details": "১৭। বিশ্ববিদ্যালযের অন্যান্য অফিসারদের ক্ষমতা ও কার্যাবলী সংবিধি, অধ্যাদেশ ও প্রবিধানে যেরূপ নির্ধারিত থাকে, সেইরূপ হইবে।",
"name": "অফিসারদের ক্ষমতা ও কার্যাবলী",
"related_acts": "",
"section_id": 18
},
{
"act_id": 609,
"details": "১৮। বিশ্ববিদ্যালয়ের কর্তৃপক্ষ নিম্নরূপ হইবেঃ- (ক) সিন্ডিকেট; (খ) 23 একাডেমিক কাউন্সিল; 24 (খখ) মাদ্রাসা সংক্রান্ত একাডেমিক কমিটি; (গ) ফ্যাকালটিস; (ঘ) পাঠক্রমের কমিটিসমূহ; 25 (ঘঘ) কারিকুলাম কমিটি; (ঙ) বোর্ডস্ অব এ্যাডভান্সড্ স্টাডিজ; (চ) অর্থ-কমিটি; (ছ) পরিকল্পনা ও উন্নয়ন কমিটি; (জ) নির্বাচন বোর্ড; (ঝ) সংবিধি কর্তৃক বিশ্ববিদ্যালয়ের কর্তৃপক্ষ বলিয়া ঘোষিত অন্য যে কোন কর্তৃপক্ষ।",
"name": "বিশ্ববিদ্যালয়ের কর্তৃপক্ষ",
"related_acts": "",
"section_id": 19
},
{
"act_id": 609,
"details": "১৯। 26 (১) নিম্নলিখিত সদস্য সমন্বয়ে সিন্ডিকেট গঠিত হইবে, যথা :- (ক) ভাইস-চ্যান্সেলর, যিনি ইহার চেয়ারম্যানও হইবেন; (খ) প্রো-ভাইস-চ্যান্সেলর অথবা, একাধিক হইলে, সকল প্রো-ভাইস চ্যান্সেলর; (গ) কোষাধ্যক্ষ; (ঘ) চ্যান্সেলর কর্তৃক মনোনীত দুইজন অধ্যক্ষ, যাহাদের একজন আলিয়া মাদ্রাসার অধ্যক্ষ এবং অপরজন কলেজের অধ্যক্ষ হইবেন; (ঙ) দুইজন ডীন, যাহাদের মধ্যে একজন চ্যান্সেলর কতৃর্ক এবং অপরজন সিন্ডিকেট কর্তৃক পালাক্রমে মনোনীত হইবেন; (চ) চ্যান্সেলর কর্তৃক মনোনীত দুইজন শিক্ষক, যাহাদের একজন অধ্যাপক বা সহযোগী অধ্যাপক এবং অপরজন সহকারী অধ্যাপক বা প্রভাষক হইবেন; (ছ) সরকার কতৃর্ক মনোনীত যুগ্ম-সচিব বা তদূর্ধব পর্যায়ের দুইজন কর্মকর্তা; (জ) সিন্ডিকেট কর্তৃক মনোনীত দুইজন বিশিষ্ট শিক্ষাবিদ যাহাদের একজন ইসলামিক শিক্ষায় এবং অপরজন সাধারণ শিক্ষায় উৎসাহী; (ঝ) বিশ্ববিদ্যালয়ের স্নাতকদের মধ্য হইতে চ্যান্সেলর কর্তৃক মনোনীত দুইজন স্নাতক যাহারা সমাজে সুপ্রতিষ্ঠিত; (ঞ) সরকার কর্তৃক মনোনীত দুইজন অধ্যক্ষ, যাহাদের একজন ফাজিল মাদ্রাসার অধ্যক্ষ এবং অপরজন কামিল মাদ্রাসার অধ্যক্ষ হইবেন; এবং (ট) সিন্ডিকেট কর্তৃক পালাক্রমে মনোনীত একজন প্রাধ্যক্ষ। (১ক) দফা (ঙ) তে উল্লিখিত সিন্ডিকেট কর্তৃক মনোনীত সদস্য এবং দফা (জ) ও (ট) তে উল্লিখিত সদস্যগণ সিন্ডিকেট কর্তৃক উহার প্রথম সভায় মনোনীত হইবেন। (২) সিন্ডিকেট কর্তৃক নির্বাচিত এবং মনোনীত সদস্যগণ দুই বৎসর সময়ের জন্য সদস্যপদে অধিষ্ঠিত থাকিবেন,কিন্তু তাঁহাদের উত্তরাধিকারীগণ কর্মভার গ্রহণ না করা পর্যন্ত তাঁহারা ঐ পদে বহাল থাকিবেন। (৩) সিন্ডিকেটের কোন বৈঠকে কোরাম পূরণের জন্য অন্ততঃপক্ষে সিন্ডিকেটের মোট সদস্যের এক-তৃতীয়াংশের উপস্থিতির প্রয়োজন হইবে।",
"name": "সিন্ডিকেট",
"related_acts": "",
"section_id": 20
},
{
"act_id": 609,
"details": "২০। (১) সিন্ডিকেট হইবে বিশ্ববিদ্যালয়ের প্রধান নির্বাহী সংস্থা, এবং এই আইন, সংবিধি, অধ্যাদেশ এবং প্রবিধানসমূহের বিধানাবলী সাপেক্ষে, বিশ্ববিদ্যালয়ের কার্যাবলী, প্রতিষ্ঠানাদি এবং সম্পত্তিসমূহের উপর সিন্ডিকেটের সাধারণ ব্যবস্থাপনা এবং তত্ত্বাবধানের ক্ষমতা থাকিবে। (২) বিশেষতঃ উপরে বর্ণিত ক্ষমতাবলীর ক্ষেত্রে এবং ইহাদের সাধারণত্বকে ক্ষুন্ন না করিয়া, সিন্ডিকেট- (ক) বিশ্ববিদ্যালয়ের সম্পদ ও তহবিলসমূহ সংগ্রহ, অধিকার বজায়, নিয়ন্ত্রণ ও পরিচালনা করিবে; (খ) বিশ্ববিদ্যালয়ের সাধারণ সীলমোহর কি আকারের হইবে, কোন কর্তৃপক্ষের হেফাজতে ইহা থাকিবে এবং কি পদ্ধতিতে ইহা ব্যবহার করা হইবে তাহা স্থির করিবে; (গ) এই আইন কর্তৃক ভাইস-চ্যান্সেলরকে প্রদত্ত ক্ষমতাবলী সাপেক্ষে, এই আইন , সংবিধি এবং অধ্যাদেশসমূহ মোতাবেক বিশ্ববিদ্যালয়ের সংশ্লিষ্ট সকল বিষয় নিয়ন্ত্রণ ও নির্ধারণ করিবে; (ঘ) বার্ষিক বাজেট বিবেচনা করিবে এবং কমিশনের মাধ্যমে অনুমোদনের জন্য চ্যান্সেলরের নিকট ইহা পেশ করিবে; (ঙ) বিশ্ববিদ্যালয় কর্তৃক গৃহীত সকল উইল এবং বিশ্ববিদ্যালয়ের আর্থিক চাহিদার একটি পূর্ণ বিবরণী প্রতি বৎসর কমিশনের সমীপে পেশ করিবে; (চ) বিশ্ববিদ্যালয়ের নিকট বিশেষ উদ্দেশ্যে প্রদত্ত যে কোন তহবিল পরিচালনা করিবে; (ছ) এই আইনে বা সংবিধিতে অন্যভাবে প্রদত্ত বিধান ব্যতীত, বিশ্ববিদ্যালয়ের অফিসার, শিক্ষক এবং কর্মচারী নিয়োগ এবং তাহাদের কর্তব্য ও চাকুরীর শর্তাবলী নির্ধারণ করিবে; (জ) চ্যান্সেলরের অনুমোদন সাপেক্ষে সংবিধি প্রণয়ন; সংশোধন বা বাতিল করিবে; (ঝ) অধ্যাদেশ প্রণয়ন, সংশোধন বা বাতিল করিবে; (ঞ) বিশ্ববিদ্যালয়ের পক্ষে উইল, দান এবং হস্তান্তরকৃত সম্পত্তি গ্রহণ করিবে; (ট) বিশ্ববিদ্যালয়ের পরীক্ষাসমূহ অনুষ্ঠান ও ইহাদের ফলাফল প্রকাশের ব্যবস্থা করিবে; (ঠ) সংবিধি মোতাবেক অধ্যাপক, সহযোগী অধ্যাপক, সহকারী অধ্যাপক বা প্রভাষক এবং অন্যান্য শিক্ষকের পদ সৃষ্টি করিতে পারিবে; (ড) এই আইন বা সংবিধি দ্বারা প্রদত্ত সকল ক্ষমতা প্রয়োগ ও অর্পিত অন্যান্য কার্যাবলী সম্পাদন করিবে; (ঢ) এই আইন বা সংবিধি দ্বারা অন্যভাবে প্রদত্ত নয়, বিশ্ববিদ্যালয়ের এইরূপ অন্যান্য সকল ক্ষমতা প্রয়োগ করিবে। (৩) প্রবিধান দ্বারা নির্ধারিত শর্তাবলী সাপেক্ষে সিন্ডিকেট যেরূপ নির্ধারণ করিবে, সেইরূপ ব্যক্তি বা কর্তৃপক্ষকে বিশ্ববিদ্যালয়ের অফিসার, শিক্ষক বা কর্মচারী নিয়োগ করিবার ক্ষমতা প্রদান করিতে পারিবে।",
"name": "সিন্ডিকেটের ক্ষমতা ও কার্যাবলী",
"related_acts": "",
"section_id": 21
},
{
"act_id": 609,
"details": "২১। (১) 28 একাডেমিক কাউন্সিল নিম্নরূপ সদস্য সমন্বয়ে গঠিত হইবে, যথাঃ- (ক) ভাইস-চ্যান্সেলর, যিনি ইহার চেয়ারম্যান হইবেন; 29 (কক) প্রো-ভাইস-চ্যান্সেলর, অথবা একাধিক হইলে, সকল প্রো-ভাইস-চ্যান্সেলর; (খ) ফ্যাকালটিসমূহের ডীন; (গ) বিভাগসমূহের সকল প্রফেসার এবং চেয়ারম্যান; (ঘ) লাইব্রেরিয়ান; (ঙ) চ্যান্সেলর কর্তৃক মনোনীত আটজন সদস্য; এবং (চ) সকল ডীন এবং বিভাগসমূহের সকল চেয়ারম্যান ব্যতীত, সংবিধি কর্তৃক নির্ধারিত পদ্ধতিতে শিক্ষকদের মধ্য হইতে নির্বাচিত দুইজন সহযোগী অধ্যাপক এবং সহযোগী অধ্যাপকের নিম্নের পদের দুইজন শিক্ষক। (২) 30 একাডেমিক কাউন্সিলের মনোনীত এবং নির্বাচিত সদস্যসমূহ দুই বৎসর সময়ের জন্য স্বীয় পদে নিযুক্ত হইবেন কিন্তু তাঁহাদের উত্তরাধিকারীগণ কার্যভার গ্রহণ না করা পর্যন্ত তাঁহারা স্বীয় পদে বহাল থাকিবেন।",
"name": "একাডেমিক কাউন্সিল",
"related_acts": "",
"section_id": 22
},
{
"act_id": 609,
"details": "31 ২২। একাডেমিক কাউন্সিল, এই আইন, সংবিধি ও অধ্যাদেশ সমূহের বিধান সাপেক্ষে, বিশ্ববিদ্যালয়ের অধিভুক্ত ফাজিল ও কামিল মাদ্রাসাসমূহের শিক্ষা ব্যতীত,- (ক) বিশ্ববিদ্যালয়ের অন্যান্য শিক্ষা বিষয়ক প্রধান সংস্থা হইবে; (খ) বিশ্ববিদ্যালয়ের মধ্যকার সকল পঠন, শিক্ষা এবং পরীক্ষার মান বজায় রাখিবার জন্য দায়ী থাকিবে এবং উহা নিয়ন্ত্রণ ও সাধারণ তত্ত্বাবধান করিবে; (গ) বিশ্ববিদ্যালয়ের অন্যান্য শিক্ষা সংক্রান্ত সকল বিষয়ে সিন্ডিকেটকে পরামর্শ দান করিবে; এবং (ঘ) সংবিধি দ্বারা প্রদত্ত অন্যান্য ক্ষমতা প্রয়োগ ও কার্যাবলী সম্পাদন করিবে।",
"name": "একাডেমিক কাউন্সিলের ক্ষমতা ও কার্যাবলী।",
"related_acts": "",
"section_id": 23
},
{
"act_id": 609,
"details": "32 ২২ক। (১) এই আইনের উদ্দেশ্য পূরণকল্পে, বিশ্ববিদ্যালয়ের অধিভুক্ত ফাজিল ও কামিল মাদ্রাসাসমূহের নিয়ন্ত্রণ ও সাধারণ তত্ত্বাবধানের উদ্দেশ্যে একটি মাদ্রাসা সংক্রান্ত একাডেমিক কমিটি থাকিবে, যাহা নিম্নরূপ সদস্য সমন্বয়ে গঠিত হইবে, যথা :- (ক) ভাইস-চ্যান্সেলর, যিনি ইহার চেয়ারম্যানও হইবেন; (খ) প্রো-ভাইস-চ্যান্সেলর অথবা, একাধিক হইলে, সকল প্রো-ভাইস-চ্যান্সেলর; (গ) কোষাধ্যক্ষ; (ঘ) মহাপরিচালক বা তাঁহার প্রতিনিধি, যিনি মাধ্যমিক ও উচ্চ মাধ্যমিক শিক্ষার দায়িত্বে নিয়োজিত পরিচালক পদমর্যাদার নীচে নহেন; (ঙ) চেয়ারম্যান, বাংলাদেশ মাদ্রাসা শিক্ষা বোর্ড; (চ) সরকার কর্তৃক মনোনীত যে কোন সরকারি বিশ্ববিদ্যালয়ের আরবী বিভাগের বিভাগীয় প্রধান; (ছ) সরকার কতৃর্ক মনোনীত যে কোন সরকারি বিশ্ববিদ্যালয়ের ইসলামী শিক্ষা বিভাগের বিভাগীয় প্রধান; (জ) বিশ্ববিদ্যালয়ের সকল অনুষদের ডীন; (ঝ) সরকার কর্তৃক মনোনীত সরকারি ফাজিল বা কামিল মাদ্রাসার একজন অধ্যক্ষ; (ঞ) সরকার কতৃর্ক মনোনীত বেসরকারি ফাজিল ও কামিল মাদ্রাসার মুহাদ্দিসগণের মধ্য হইতে দুইজন মুহাদ্দিস; (ট) মাদ্রাসা সংক্রান্ত একাডেমিক কমিটি কর্তৃক মনোনীত একজন ফকিহ্; (ঠ) মাদ্রাসা সংক্রান্ত একাডেমিক কমিটি কর্তৃক মনোনীত একজন মুফাস্সির; (ড) মাদ্রাসা সংক্রান্ত একাডেমিক কমিটি কর্তৃক মনোনীত একজন আদিব; (ঢ) সরকার কর্তৃক মনোনীত বেসরকারি মাদ্রাসার অধ্যক্ষগণের মধ্য হইতে দুইজন অধ্যক্ষ; (ণ) পরীক্ষা নিয়ন্ত্রক; (ত) মাদ্রাসা পরিদর্শক; (থ) মানবিক, বিজ্ঞান, সামাজিক বিজ্ঞান, বাণিজ্য ও আইন বিষয়ে সিন্ডিকেট কতৃর্ক মনোনীত একজন করিয়া শিক্ষক; এবং (দ) রেজিস্ট্রার, যিনি মাদ্রাসা সংক্রান্ত একাডেমিক কমিটির সদস্য-সচিবও হইবেন। (২) মাদ্রাসা সংক্রান্ত একাডেমিক কমিটির মনোনীত সদস্যগণ দুই বৎসরের জন্য স্বীয় পদে নিযুক্ত হইবেন। (৩) মাদ্রাসা সংক্রান্ত একাডেমিক কমিটির সভায় উহার চেয়ারম্যানসহ দশজন সদস্যের উপস্থিতিতে কোরাম গঠিত হইবে।",
"name": "মাদ্রাসা সংক্রান্ত একাডেমিক কমিটি",
"related_acts": "",
"section_id": 24
},
{
"act_id": 609,
"details": "33 ২২খ। মাদ্রাসা সংক্রান্ত একাডেমিক কমিটি, এই আইন, সংবিধি ও অধ্যাদেশসমূহের বিধান সাপেক্ষে,- (ক) বিশ্ববিদ্যালয়ের অধিভুক্ত ফাজিল ও কামিল মাদ্রাসাসমূহের শিক্ষা বিষয়ক প্রধান সংস্থা হইবে; (খ) বিশ্ববিদ্যালয়ের অধিভুক্ত মাদ্রাসা সংক্রান্ত সকল পঠন, শিক্ষা এবং পরীক্ষার মান বজায় রাখিবার জন্য দায়ী থাকিবে এবং উক্ত মাদ্রাসাসমূহ নিয়ন্ত্রণ ও সাধারণ তত্ত্বাবধান করিবে; (গ) ফাজিল ও কামিল মাদ্রাসা পরিদর্শন ও শিক্ষা সংক্রান্ত সকল বিষয়ে সিন্ডিকেটকে পরামর্শ দান করিবে; (ঘ) কারিকুলাম কমিটির সংখ্যা ও বিষয় নির্ধারণ করিবে এবং কারিকুলাম কমিটি কর্তৃক সুপারিশকৃত পাঠ্যসূচীসমূহ সিন্ডিকেট কর্তৃক অনুমোদনের জন্য সুপারিশ করিবে; (ঙ) সিন্ডিকেট কর্তৃক বিবেচনার উদ্দেশ্যে, ফাজিল ও কামিল মাদ্রাসা শিক্ষা সংক্রান্ত সংবিধি ও অধ্যাদেশের খসড়া প্রণয়ন করিবে; এবং (চ) সংবিধি কর্তৃক প্রদত্ত অন্যান্য ক্ষমতা প্রয়োগ ও কার্যাবলী সম্পাদন করিবে।",
"name": "মাদ্রাসা সংক্রান্ত একাডেমিক কমিটির ক্ষমতা ও কার্যাবলী",
"related_acts": "",
"section_id": 25
},
{
"act_id": 609,
"details": "২৩। (১) ইসলামী স্টাডিজ, মানবিক ও সমাজ বিজ্ঞান, ফলিত বিজ্ঞান ও কারিগরি বিদ্যার ফ্যাকালটিসমূহ বিশ্ববিদ্যালয়ের অন্তর্ভুক্ত থাকিবে এবং সংবিধি কর্তৃক নির্ধারিত পদ্ধতিতে বিশ্ববিদ্যালয় নূতন নূতন ফ্যাকালটি সৃষ্টি করিতে পারিবে। (২) 34 একাডেমিক কাউন্সিলের নিয়ন্ত্রণ সাপেক্ষে, অধ্যাদেশ কর্তৃক প্রতিটি ফ্যাকালটিতে যে সকল বিষয় নির্ধারণ করিয়া দিবে সেই ফ্যাকালটির উপরই সে সকল বিষয়ে শিক্ষা, পাঠক্রম এবং গবেষনার কার্যাবলীর দাযিত্ব থাকিবে। (৩) ফ্যাকালটিসমূহের সংগঠন এবং ক্ষমতাবলী সংবিধি কর্তৃক নির্ধারিত হইবে। 35 (৪) প্রত্যেক ফ্যাকাল্টিতে একজন ডীন থাকিবেন, যিনি, সিন্ডিকেটের অনুমোদনক্রমে, ভাইস-চ্যান্সেলর কতৃর্ক পালাক্রমে জ্যেষ্ঠতার ভিত্তিতে দুই বৎসরের জন্য নিযুক্ত হইবেন। (৫) ডীন ভাইস-চ্যান্সেলরের নিয়ন্ত্রণ এবং সাধারণ তত্ত্বাবধানের অধীন থাকিবেন এবং ফ্যাকালটি সংক্রান্ত সকল সংবিধি, অধ্যাদেশ এবং প্রবিধি পরিচালনের দায়িত্বে নিয়োজিত থাকিবেন।",
"name": "ফ্যাকালটিস",
"related_acts": "",
"section_id": 26
},
{
"act_id": 609,
"details": "২৪। শিক্ষা প্রদানকারী প্রত্যেক বিভাগের প্রধানকে চেয়ারম্যান হিসাবে অভিহিত করা হইবে এবং তিনি সংবিধি কর্তৃক নির্দিষ্ট পদ্ধতিতে নিযুক্ত হইবেন।",
"name": "বিভাগসমূহের চেয়ারম্যানগণ",
"related_acts": "",
"section_id": 27
},
{
"act_id": 609,
"details": "২৫। প্রত্যেক বিষয় বা কয়েকটি বিষয়ের জন্য একটি পাঠক্রম কমিটি থাকিবে। পাঠক্রম এবং পাঠ্যসূচী প্রণয়নের এবং সংবিধি ও অধ্যাদেশ কর্তৃক ইহার উপর অর্পিত অন্যান্য কার্যের জন্য এই কমিটি দায়ী থাকিবে।",
"name": "পাঠক্রম কমিটি",
"related_acts": "",
"section_id": 28
},
{
"act_id": 609,
"details": "36 ২৫ক। (১) ফাজিল ও কামিল উভয় স্তরের এক বা একাধিক বিষয়ের জন্য অন্যূন একটি কারিকুলাম কমিটি থাকিবে এবং উহা নিম্নরূপ সদস্য সমন্বয়ে গঠিত হইবে, যথা :- (ক) সংশ্লিষ্ট বিষয়ের বিভাগীয় প্রধান, যিনি ইহার চেয়ারম্যানও হইবেন : তবে শর্ত থাকে যে, সংশ্লিষ্ট বিষয়ে বিশ্ববিদ্যালয়ের কোন বিভাগ না থাকিলে মাদ্রাসা সংক্রান্ত একাডেমিক কমিটি কর্তৃক মনোনীত বিশ্ববিদ্যালয়ের কোন শিক্ষক উক্ত বিষয়ে কারিকুলাম কমিটির চেয়ারম্যান হইবেন; (খ) মাদ্রাসা সংক্রান্ত একাডেমিক কমিটি কর্তৃক মনোনীত কামিল মাদ্রাসার সংশ্লিষ্ট বিষয়সমূহের দুই জন শিক্ষক; (গ) মাদ্রাসা সংক্রান্ত একাডেমিক কমিটি কর্তৃক মনোনীত ফাজিল মাদ্রাসার সংশ্লিষ্ট বিষয়সমূহের দুই জন শিক্ষক; (ঘ) সিন্ডিকেট কর্তৃক মনোনীত বিশ্ববিদ্যালয়ের সংশ্লিষ্ট বিষয়ের দুই জন শিক্ষক। (২) কারিকুলাম কমিটি মাদ্রাসা সংক্রান্ত একাডেমিক কমিটির নিয়ন্ত্রণে থাকিয়া কার্য সম্পাদন করিবে। (৩) কারিকুলাম কমিটির মনোনীত সদস্যগণ দুই বৎসরের জন্য স্বীয় পদে নিযুক্ত হইবেন। (৪) কারিকুলাম কমিটির সভায় চার জন সদস্যের উপস্থিতিতে কোরাম গঠিত হইবে। (৫) কারিকুলাম কমিটি পাঠ্যসূচী প্রণয়ন এবং এই আইন, সংবিধি ও অধ্যাদেশ দ্বারা বা উহাদের অধীন অর্পিত অন্যান্য কার্যাবলী সম্পাদনের জন্য দায়ী থাকিবে।",
"name": "কারিকুলাম কমিটি",
"related_acts": "",
"section_id": 29
},
{
"act_id": 609,
"details": "২৬। বিশ্ববিদ্যালয়ের স্নাতকোত্তর শিক্ষাকে সংগঠিত করার জন্য একটি বোর্ড অব এ্যাডভান্সড স্টাডিজ থাকিবে, যাহা সংবিধি কর্তৃক নির্ধারিত পদ্ধতিতে গঠিত হইবে।",
"name": "বোর্ডস অব এ্যাডভান্সড স্টাডিজ",
"related_acts": "",
"section_id": 30
},
{
"act_id": 609,
"details": "২৭। 37 (১) নিম্নরূপ সদস্য সমন্বয়ে অর্থ কমিটি গঠিত হইবে, যথা :- (ক) কোষাধ্যক্ষ, যিনি ইহার চেয়ারম্যানও হইবেন; (খ) ভাইস-চ্যান্সেলর কর্তৃক পালাক্রমে মনোনীত একজন ডীন; (গ) ভাইস-চ্যান্সেলর কর্তৃক মনোনীত ফাজিল বা কামিল মাদ্রাসার একজন অধ্যক্ষ; (ঘ) অর্থ বিষয়ে দুইজন দক্ষ ব্যক্তি, যাহাদের মধ্যে একজন সিন্ডিকেট কতৃর্ক এবং অপরজন চ্যান্সেলর কতৃর্ক মনোনীত হইবেন। (১ক) ভাইস-চ্যান্সেলর এবং প্রো-ভাইস-চ্যান্সেলর অর্থ কমিটির উপদেষ্টা হইবেন ঃ তবে শর্ত থাকে যে, প্রো-ভাইস-চ্যান্সেলর একাধিক থাকিলে চ্যান্সেলর কর্তৃক মনোনীত প্রো-ভাইস-চ্যান্সেলর উক্ত কমিটির উপদেষ্টা হইবেন। (২) অর্থ কমিটির মনোনীত সদস্যগণ এক বছর সময় স্বীয় পদে অধিষ্ঠিত থাকিবেন, কিন্তু তাঁহাদের উত্তরাধিকারী সদস্য কার্যভার গ্রহণ না করা পর্যন্ত তাঁহারা তাঁহাদের পদে বহাল থাকিবেন। (৩) অর্থ-কমিটি- (ক) বিশ্ববিদ্যালয়ের আয় ও ব্যয়ের তত্ত্বাবধান করিবে; (খ) সিন্ডিকেটকে বিশ্ববিদ্যালয়ের হিসাব, সম্পত্তি এবং তহবিল সম্পর্কিত সকল বিষয়ে উপদেশ দিবে; (গ) সংবিধি কর্তৃক নির্ধারিত অন্যান্য সকল কার্য সম্পাদন করিবে।",
"name": "অর্থ-কমিটি",
"related_acts": "",
"section_id": 31
},
{
"act_id": 609,
"details": "২৮। (১) নিম্নলিখিত সদস্যগণের সমন্বয়ে পরিকল্পনা ও উন্নয়ন কমিটি গঠিত হইবে, যথাঃ- (ক) ভাইস-চ্যান্সেলর যিনি ইহার চেয়ারম্যানও হইবেন; 38 (কক) প্রো-ভাইস-চ্যান্সেলর অথবা, একাধিক হইলে, চ্যান্সেলর কর্তৃক মনোনীত প্রো-ভাইস-চ্যান্সেলর; (খ) কোষাধ্যক্ষ; (গ) পালাক্রমে ভাইস-চ্যান্সেলর কর্তৃক মনোনীত একজন ডীন; (ঘ) বিশ্ববিদ্যালয়ের বাহির হইতে ভাইস-চ্যান্সেলর কর্তৃক মনোনীত একজন স্থপতি বা প্রকৌশলী; (ঙ) চ্যান্সেলর কর্তৃক মনোনীত অর্থ বিষয়ে একজন সুদক্ষ ব্যক্তি; (চ) সরকার কর্তৃক মনোনীত একজন অফিসার। (ছ) পরিকল্পনা ও উন্নয়ন অফিসার যিনি ইহার সচিব হইবেন। (২) মনোনীত সদস্যবৃন্দ তিন বৎসর সময় স্ব স্ব পদে অধিষ্ঠিত থাকিবেন এবং তাহাদের উত্তরাধিকারীগণ কার্যভার গ্রহণ না করা পর্যন্ত তাঁহারা স্বীয় পদে বহাল থাকিবেন। (৩) সংবিধি দ্বারা নির্ধারিত কার্যাবলী পরিকল্পনা ও উন্নয়ন কমিটি সম্পাদন করিবেন।",
"name": "পরিকল্পনা ও উন্নয়ন কমিটি",
"related_acts": "",
"section_id": 32
},
{
"act_id": 609,
"details": "২৯। (১) বিশ্ববিদ্যালয়ের বিভিন্ন বিষয়ের অধ্যাপক, সহযোগী অধ্যাপক, সহকারী অধ্যাপক, প্রভাষক এবং অন্যান্য শিক্ষক পদে নিয়োগের উদ্দেশ্যেও সুপারিশ করার জন্য বাছাই বোর্ডসমূহ থাকিবে। (২) সংবিধি বাছাই বোর্ডসমূহের সংগঠন এবং কার্যাবলী নিরুপণ করিয়া দিবে।",
"name": "বাছাই বোর্ডসমূহ",
"related_acts": "",
"section_id": 33
},
{
"act_id": 609,
"details": "৩০। এইরূপ অন্যান্য কর্তৃপক্ষ যাহাকে সংবিধি বিশ্ববিদ্যালয়ের কর্তৃপক্ষ হিসাবে ঘোষণা করিবে, তাহার সংগঠন, ক্ষমতা ও কার্যাবলী সংবিধিতে নির্ধারিত হইবে।",
"name": "বিশ্ববিদ্যালয়ের অন্যান্য কর্তৃপক্ষ",
"related_acts": "",
"section_id": 34
},
{
"act_id": 609,
"details": "৩১। এই আইনের বিধান সাপেক্ষে, সংবিধিসমূহ নিম্নলিখিত সকল বা যে কোন বিষয়ের, যথাঃ- (ক) সম্মানসূচক ডিগ্রী অর্পণ; (খ) ফেলোশীপ, বৃত্তি, প্রদর্শনী এবং পুরস্কার প্রবর্তন; (গ) অফিসার এবং শিক্ষকদের পদবী, ক্ষমতা ও কর্তব্য এবং চাকুরীর শর্তাবলী; (ঘ) কর্তৃপক্ষসমূহের সংগঠন, ক্ষমতা এবং কার্যাবলী; (ঙ) শিক্ষাবিষয়ক যাদুঘর, স্কুল এবং প্রতিষ্ঠানসমূহ স্থাপন এবং রক্ষণাবেক্ষণ, এবং শিক্ষা ও গবেষণার উৎকর্ষসাধনের জন্য প্রদর্শনীয় ব্যবস্থা এবং ইহাদের প্রশাস ও ব্যবস্থাপনা; (চ) ছাত্রাবাসসমূহ প্রতিষ্ঠা এবং রক্ষণাবেক্ষণ; (ছ) অধ্যাপক, সহযোগী অধ্যাপক, সহকারী অধ্যাপক, প্রভাষক এবং অন্যান্য শিক্ষকদের বাছাই ও নিয়োগের পদ্ধতি; (জ) বিশ্ববিদ্যালয়ের অফিসার, শিক্ষক ও কর্মচারীদের কল্যাণার্থে অবসরভাতা, গোষ্ঠী-বীমা, কল্যাণ ও ভবিষ্য তহবিলের সংগঠন; (ঝ) স্নাতকদের তালিকা সংরক্ষণ; এবং (ঞ) এই আইন মোতাবেক সংবিধি কর্তৃক নির্ধারিত অথবা নির্ধারিত হইতে পারে এইরূপ অন্যান্য সকল বিষয়ের জন্য বিধান করা হইবে।",
"name": "সংবিধিসমূহ",
"related_acts": "",
"section_id": 35
},
{
"act_id": 609,
"details": "৩২। (১) এই আইন বলবৎ হওয়ার দুই বৎসরের মধ্যে চ্যান্সেলর সংবিধি প্রণয়ন করিতে পারিবেন এবং যে কোন সময়ে তাহা সংশোধন বা বাতিল করিতে পারিবেন। (২) যে কোন সময়ে সিন্ডিকেট সংবিধি প্রণয়ন করিতে পারিবেন এবং তাহা সংশোধন বা বাতিল করিতে পারিবেন। (৩) সিন্ডিকেট কর্তৃক প্রণীত সকল সংবিধি এবং এতদসম্পর্কে সকল সংশোধনী এবং বাতিলকৃত বিষয় চ্যান্সেলরের নিকট তাঁহার অনুমোদনের জন্য পেশ করিতে হইবে। (৪) কোন সংবিধি বা এতদসম্পর্কে কোন সংশোধন বা কোন বাতিলকৃত বিষয় চ্যান্সেলর কর্তৃক অনুমোদিত না হওয়া পর্যন্ত বৈধ হইবে না। (৫) অন্যভাবে বিধান করা না থাকিলে, কোন কর্তৃপক্ষের সংগঠন, ক্ষমতা এবং কার্যাবলীর ক্ষতিকারক কোন সংবিধি সিন্ডিকেট ততক্ষণ প্রস্তাব করিতে পারিবেন না, যতক্ষণ পর্যন্ত উক্ত কর্তৃপক্ষকে এই প্রস্তাবের সম্পর্কে মতামত প্রকাশের সুযোগ প্রদান করা না হয়। (৬) প্রস্তাবিত সংবিধি সম্পর্কে কর্তৃপক্ষের মতামত লিখিত আকারে থাকিতে হইবে এবং সিন্ডিকেট তাহা বিবেচনা করিবেন এবং প্রস্তাবিত সংবিধিসহ খসড়া আকারে উক্ত মতামত চ্যান্সেলরের নিকট পেশ করিবেন।",
"name": "সংবিধি প্রণয়ন",
"related_acts": "",
"section_id": 36
},
{
"act_id": 609,
"details": "৩৩। এই আইন ও সংবিধির বিধান সাপেক্ষে, অধ্যাদেশসমূহে নিম্নরূপ সকল বা যে কোন একটি বিষয় অন্তর্ভুক্ত থাকিতে পারিবে, যথাঃ- (ক) বিশ্ববিদ্যালয়ের সকল ডিগ্রী, সার্টিফিকেট এবং ডিপ্লোমার জন্য প্রণীত পাঠক্রম; (খ) শিক্ষাদানের পদ্ধতি; (গ) বিশ্ববিদ্যালয়ের ডিগ্রী, সার্টিফিকেট বা ডিপ্লোমার পাঠক্রমে ভর্তি, পরীক্ষাসমূহে উপস্থিত এবং ডিগ্রী, সার্টিফিকেট ও ডিপ্লোমা পাওয়ার যোগ্যতার শর্তাবলী; (ঘ) 39 বিশ্ববিদ্যালয় এবং ইহার অধিভুক্ত ফাজিল ও কামিল মাদ্রাসায় ছাত্রদের ভর্তি; (ঙ) বিশ্ববিদ্যালয়ের ছাত্রদের বসবাসের শর্তাবলী; (চ) বিশ্ববিদ্যালয়ের পাঠক্রমে ও ছাত্রাবাসে ভর্তি এবং বিশ্ববিদ্যালয়ের পরীক্ষা, ডিগ্রী, সার্টিফিকেট এবং ডিপ্লোমার জন্য আদায়যোগ্য ফিস; (ছ) ফ্যাকালটিসমূহের অধীন শিক্ষা প্রদানের বিভাগগুলি গঠন; (জ) পরীক্ষাদি পরিচালনা; এবং (ঝ) এই আইন বা সংবিধি বা অধ্যাদেশ কর্তৃক প্রদত্ত বিধান মোতাবেক অন্য সকল বিষয়।",
"name": "অধ্যাদেশসমূহ",
"related_acts": "",
"section_id": 37
},
{
"act_id": 609,
"details": "৩৪। (১) সিন্ডিকেট অধ্যাদেশ প্রণয়ন করিবেনঃ তবে শর্ত থাকে যে, এমন কোন অধ্যাদেশ প্রণয়ন করা যাইবে না, যাহা- (ক) 40 একাডেমিক কাউন্সিল এতদসমপর্কে খসড়া প্রস্তাব পেশ না করা পর্যন্ত, ছাত্রদের ভর্তিকে ক্ষতিগ্রস্ত করিবে এবং বিশ্ববিদ্যালয়ের পরীক্ষাগুলির সমকক্ষ হিসাবে স্বীকৃত পরীক্ষার নির্ধারণ করিবে; অথবা (খ) সংশিষ্ট ফ্যাকালটির সুপারিশ মোতাবেক, 41 একাডেমিক কাউন্সিল এতদসম্পর্কে কোন খসড়া প্রস্তাব পেশ না করা পর্যন্ত, পরীক্ষা গ্রহণ অথবা পরীক্ষার মান বা শিক্ষাক্রমকে ক্ষতিগ্রস্ত করিবে; (২) (১) উপ-ধারা অনুসারে 42 একাডেমিক কাউন্সিলের প্রস্তাবিত কোন খসড়া প্রস্তাবকে সংশোধন করার কোন ক্ষমতা সিন্ডিকেটের এক্তিয়ারে থাকিবে না, তবে সিন্ডিকেট এইরূপ খসড়া প্রস্তাব প্রত্যাখান করিতে পারিবেন, অথবা সিন্ডিকেটের নিজের কোন সংশোধনী প্রস্তাব থাকিলে তাহা এবং খসড়া প্রস্তাব একত্রে পুনর্বিবেচনার জন্য 43 একাডেমিক কাউন্সিলের নিকট ফেরত পাঠাইতে পারিবেন। (৩) যেক্ষেত্রে সিন্ডিকেট 44 একাডেমিক কাউন্সিল কর্তৃক প্রস্তাবিত কোন অধ্যাদেশের খসড়াকে প্রত্যাখান করিবেন, সেক্ষেত্রে প্রস্তাবের তারিখ হইতে ছয় মাস সময় অতিরিক্ত হওয়ার পরে 45 একাডেমিক কাউন্সিল সিন্ডিকেটের নিকট ঐ একই খসড়া প্রস্তাব পেশ করিতে পারিবেন।",
"name": "অধ্যাদেশ প্রণয়ন",
"related_acts": "",
"section_id": 38
},
{
"act_id": 609,
"details": "46 ৩৪ক। (১) ফাজিল ও কামিল মাদ্রাসার সহিত সংশ্লিষ্ট অধ্যাদেশসমূহ সিন্ডিকেট কর্তৃক প্রণীত হইবে। (২) মাদ্রাসা সংক্রান্ত একাডেমিক কমিটি কর্তৃক প্রস্তুতকৃত অধ্যাদেশের খসড়া সিন্ডিকেটের নিকট প্রেরণ করিতে হইবে। (৩) উপ-ধারা (২) অনুসারে প্রেরিত অধ্যাদেশের খসড়া বাতিল করিবার কোন ক্ষমতা সিন্ডিকেটের এখতিয়ারে থাকিবে না, তবে সিন্ডিকেট উহা সংশোধন করিতে পারিবে এবং মাদ্রাসা সংক্রান্ত একাডেমিক কমিটিতে উহা ফেরত পাঠাইতেপারিবে। (৪) সিন্ডিকেট কতৃর্ক অধ্যাদেশের খসড়া ফেরত পাঠানো হইলে, মাদ্রাসা সংক্রান্ত একাডেমিক কমিটি সংশোধনীসমূহ বিবেচনা করিয়া সংশোধনীসহ পুনরায় উহা সিন্ডিকেটে প্রেরণ করিতে পারিবে, অথবা সংশোধনীসমূহ বিবেচনা না করিয়া ছয় মাস অতিক্রান্ত হইবার পর অধ্যাদেশের মূল খসড়া সিন্ডিকেটে প্রেরণ করিতে পারিবে। (৫) উপ-ধারা (৪) এ উল্লিখিত সময় অতিক্রান্ত হইবার পর অধ্যাদেশের মূল খসড়া প্রেরণ করা হইলে, অধ্যাদেশটি সিন্ডিকেট কতৃর্ক অনুমোদিত হইয়াছে বলিয়া গণ্য হইবে।",
"name": "ফাজিল ও কামিল মাদ্রাসার সহিত সংশ্লিষ্ট অধ্যাদেশ প্রণয়ন",
"related_acts": "",
"section_id": 39
},
{
"act_id": 609,
"details": "৩৫। (১) কর্তৃপক্ষ এই আইন, সংবিধি এবং অধ্যাদেশসমূহের সংগে সঙ্গতিপূর্ণ প্রবিধিসমূহ প্রণয়ন করিতে পারিবেন, যাহা_ (ক) বৈঠকের অনুসরণীয় নিয়মাবলী প্রণয়ন এবং কোরামের জন্য প্রয়োজনীয় সদস্য সংখ্যা নিরুপণ করিবে; (খ) এই আইন, সংবিধি বা অধ্যাদেশসমুহ মোতাবেক প্রবিধিসমুহ কর্তৃক নির্ধারিত সকল বিষয় সম্পর্কে বিধান করা যাইবে; (গ) এই আইন, সংবিধি বা অধ্যাদেশসমুহে বিধৃত নাই অথচ কর্তৃপক্ষের সংগে কেবল সংশ্লিষ্ট এমন অন্যান্য বিষয় সম্পর্কে বিধান করা যাইবে; (২) প্রত্যেক কর্তৃপক্ষ বৈঠকের তারিখ এবং বৈঠকের আলোচ্য বিষয় সমপর্কে কর্তৃপক্ষের সদস্যদিগকে নোটিশদান এবং বৈঠকের কার্যবিবরণী রেকর্ড রাখার বিধান সম্বলিত প্রবিধিসমূহ প্রণয়ন করিতে পারিবেনঃ তবে শর্ত থাকে যে, কোন কর্তৃপক্ষ যদি এইরূপ নির্দেশের সম্পর্কে অসন্তুষ্ট হন, তাহা হইলে তাঁহারা চ্যান্সেলরের নিকট আপীল করিতে পারিবেন এবং সেক্ষেত্রে চ্যান্সেলরের সিদ্ধান্ত চূড়ান্ত বলিয়া পরিগণিত হইবে।",
"name": "প্রবিধিসমূহ",
"related_acts": "",
"section_id": 40
},
{
"act_id": 609,
"details": "৩৬। কোন বিশেষ কারণে ভাইস-চ্যান্সেলর কর্তৃক ক্যাম্পাসের অভ্যন্তরে অথবা বাহিরে থাকার জন্য বিশেষ অনুমতি না পাওয়া পর্যন্ত বিশ্ববিদ্যালয়ের প্রত্যেক ছাত্রকে বিশ্ববিদ্যালয়ের ছাত্রাবাসে বসবাস করিতে হইবে।",
"name": "আবাসস্থল",
"related_acts": "",
"section_id": 41
},
{
"act_id": 609,
"details": "৩৭। সংবিধিসমূহে নির্ধারিতভাবে বিশ্ববিদ্যালয়ের ছাত্রাবাসসমূহ থাকিবে।",
"name": "ছাত্রাবাসমূহ",
"related_acts": "",
"section_id": 42
},
{
"act_id": 609,
"details": "৩৮। সংবিধি এবং অধ্যাদেশ অনুসারে বিশ্ববিদ্যালয়ে ছাত্র ভর্তি নির্ধারিত হইবে।",
"name": "বিশ্ববিদ্যালয়ের শিক্ষাক্রমে ভর্তি",
"related_acts": "",
"section_id": 43
},
{
"act_id": 609,
"details": "৩৯। (১) অধ্যাদেশসমূহে যে পদ্ধতি নির্ধারণ করা হইবে সে পদ্ধতিতে সংশ্লিষ্ট বিভাগগুলি পরীক্ষা পরিচালনা করার জন্য সকল ব্যবস্থা গ্রহণ করিবেন এবং অধ্যাদেশসমূহে যে পদ্ধতি নির্ধারণ করা হইবে সে পদ্ধতিতে 47 একাডেমিক কাউন্সিল সকল পরীক্ষক নিয়োগ করিবেন। (২) কোন পরীক্ষা চলাকালে কোন পরীক্ষক যদি কোন কারণে পরীক্ষকের দায়িত্ব পালনে অপারগ হন, তাহা হইলে ভাইস-চ্যান্সেলর শুন্য পদে অন্য পরীক্ষক নিয়োগ করিবেন। (৩) বিশ্ববিদ্যালয়ের শিক্ষাদানকারী বিভাগের অন্তর্ভুক্ত প্রত্যেক বিষয়ে এবং বিশ্ববিদ্যালয়ের কোন ডিগ্রীর জন্য প্রয়োজনীয় শিক্ষাক্রমের অংশ হিসাবে পরিগণিত প্রতিটি বিষয়ের জন্য বিশ্ববিদ্যালয়ের শিক্ষক নন অনততঃ এমন একজন পরীক্ষক নিয়োগ করিতে হইবে। (৪) 48 একাডেমিক কাউন্সিল পরীক্ষা-কমিটিসমুহ নিয়োগ করিবেন যাহার সদস্য ইহার বিবেচনায় পরীক্ষার প্রশ্ন চূড়ান্তকরণ, পরীক্ষার ফলাফল প্রস্তুতকরণ এবং এইরূপ ফলাফলের প্রতিবেদন প্রকাশ করার জন্য সিন্ডিকেটের নিকট প্রেরণের উপযুক্ত এবং প্রয়োজনে এইরূপ অপর যে কোন ব্যক্তিদিগকে 349 একাডেমিক কাউন্সিল নিয়োগ দিতে পারিবেন।",
"name": "পরীক্ষাসমূহ",
"related_acts": "",
"section_id": 44
},
{
"act_id": 609,
"details": "৪০। (১) নিয়োগকারী কর্তৃপক্ষ যে যে শর্ত নির্ধারণ করিবেন, সে সে শর্ত অনুসারে বিশ্ববিদ্যালয়ের প্রত্যেক অফিসার, অথবা বেতনভোগী শিক্ষক এবং কর্মচারী নিযুক্ত হইবেন এবং এই আইন ও সময়ে সময়ে যে সকল সংবিধি, অধ্যাদেশ এবং প্রবিধি বলবৎ হইবে তাহার দ্বারা তাঁহারা নিয়ন্ত্রিত হইবেন। (২) বিশ্ববিদ্যালয়ের কোন অফিসার, বেতনভোগী শিক্ষক অথবা কর্মচারী যদি সংসদ-সদস্য হওয়ার জন্য নির্বাচনে প্রার্থী হন, তাহা হইলে তিনি মনোনয়নপত্র দাখিল করার তারিখের পূর্বেই বিশ্ববিদ্যালয়ের চাকুরী হইতে পদত্যাগ করিবেন। ৩) উচ্ছশৃখলতা, অযোগ্যতা, অসদাচরণ অথবা নৈতিক অধঃপতনের কারণে বিশ্ববিদ্যালয়ের কোন অফিসার, বেতনভোগী শিক্ষক অথবা কর্মচারীকে তাঁহার মর্যাদা অবনমিত করা যাইবে, অথবা চাকুরী হইতে অবসর গ্রহণ, অপসারণ অথবা বরখাস্ত করা যাইবে, কিন্তু (ক) ভিজিটরের পূর্ব-অনুমতি ব্যতীত ভাইস-চ্যান্সেলর, অথবা কোষাধ্যাক্ষ; (খ) ভাইস-চ্যান্সেলর পূর্ব-অনুমতি ব্যতীত বিশ্ববিদ্যালয়ের অন্য কোন অফিসার অথবা কোন শিক্ষক; (গ) ভাইস-চ্যান্সেলর পূর্ব-অনুমতি ব্যতীত বিশ্ববিদ্যালয়ের অন্য কোন কর্মচারীর বিরুদ্ধে এইরূপ কোন ব্যবস্থা গ্রহণ করা যাইবে না।",
"name": "চাকুরীর শর্তাবলী",
"related_acts": "",
"section_id": 45
},
{
"act_id": 609,
"details": "৪১। সিন্ডিকেটের নির্দেশ মোতাবেক বিশ্ববিদ্যালয়ের বার্ষিক প্রতিবেদন প্রণয়ন করিতে হইবে এবং পরবর্তী অর্থ-বৎসরের অক্টোবর মাসের প্রথম তারিখে অথবা ইহার পূর্বেই তাহ ভাইস-চ্যান্সেলরের নিকট পেশ করিতে হইবে।",
"name": "বার্ষিক প্রতিবেদন",
"related_acts": "",
"section_id": 46
},
{
"act_id": 609,
"details": "৪২। (১) সিন্ডিকেটের নির্দেশ মোতাবেক হিসাব পরিচালক বিশ্ববিদ্যালয়ের বার্ষিক হিসাব এবং প্রাপ্তি ও ব্যয়ের ব্যালেন্স সিট তৈরী করিবেন এবং হিসাব-নিরীক্ষার জন্য কমিশনের নিকট তাহা পেশ করিবে। (২) হিসাব-নিরীক্ষার প্রতিবেদনসহ হিসাবসমূহ চ্যান্সেলরের নিকট পেশ করিতে হইবে।",
"name": "বার্ষিক হিসাব",
"related_acts": "",
"section_id": 47
},
{
"act_id": 609,
"details": "৪৩। এই আইনে অথবা সংবিধিতে অথবা অধ্যাদেশসমূহে এমন কোন বিধান বিদ্যমান না থাকার কারণে যদি কোন কর্তৃপক্ষের বা বিশ্ববিদ্যালয়ের অন্য কোন সংস্থার কোন ব্যক্তির সদস্য হওয়ার যোগ্যতা রহিয়াছে কিনা এইরূপ কোন প্রশ্ন দেখা দেয়, তাহা হইলে বিষয়টি চ্যান্সেলরের নিকট প্রেরণ করিতে হইবে এবং সেক্ষেত্রে তাঁহার সিদ্ধান্তই চূড়ান্ত হইবে।",
"name": "কর্তৃপক্ষ এবং সংস্থাসমূহের গঠন সম্পর্কিত মতবিরোধ",
"related_acts": "",
"section_id": 48
},
{
"act_id": 609,
"details": "৪৪। যেক্ষেত্রে এই আইন অথবা সংবিধিসমূহ কোন কর্তৃপক্ষকে কমিটি নিয়োগের ক্ষমতা প্রদান করে অন্যভাবে কোন বিধান না থাকিলে, সেক্ষেত্রে কর্তৃপক্ষ যে সকল সদস্যকে অথবা অন্যান্য ব্যক্তিদিগকে উপযুক্ত বলিয়া বিবেচনা করিবেন তাঁহাদের সমন্বয়ে এইরূপ কমিটি গঠন করিতে পারিবেন।",
"name": "কমিটিসমূহের গঠন",
"related_acts": "",
"section_id": 49
},
{
"act_id": 609,
"details": "৪৫। পদাধিকারবলে গৃহীত সদস্যগণ ব্যতীত বিশ্ববিদ্যালয়ের কোন কর্তৃপক্ষ বা অন্য কোন সংস্থার সদস্যগণের মধ্যে সৃষ্ট সকল আকস্মিক শুন্যপদ যথাশীঘ্র সম্ভব ঐ ব্যক্তি বা ঐ সংস্থা পুরণ করিবেন, যিনি বা যাঁহারা যে সদস্যের কারণে পদটি শুন্য হইয়াছে তাঁহাকে মনোনীত বা নির্বাচিত করিয়াছেন এবং এইরুপ শুন্য পদে মনোনীত বা নির্বাচিত ব্যক্তি ঐ অসমাপ্ত সময় পর্যন্ত উক্ত কর্তৃপক্ষের সদস্য থাকিবেন যে সময়ে তিনি যাঁহার স্থলাভিষিক্ত হইয়াছেন তাঁহার সদস্য পদ বহাল থাকিত।",
"name": "আকস্মিক সৃষ্ট শূন্যপদ পূরণ",
"related_acts": "",
"section_id": 50
},
{
"act_id": 609,
"details": "৪৬। সদস্যগণের মধ্যে এক বা একাধিক পদ শূন্য থাকার কারণে বিশ্ববিদ্যালয়ের কোন কর্তৃপক্ষ বা অন্য কোন সংস্থার কোন কাজ বা কার্যবিবরণী অবৈধ হইবে না।",
"name": "পদসমূহ শূন্য হওয়ার কারণে কর্তৃপক্ষ এবং সংস্থাসমূহের কার্যবিবরণী অবৈধ হইবে না",
"related_acts": "",
"section_id": 51
},
{
"act_id": 609,
"details": "৪৭। (১) বিশ্ববিদ্যালয়ের কোন অফিসার বা কর্তৃপক্ষের কোন আদেশের বিরুদ্ধে চ্যান্সেলরের নিকট দরখাস্তের মাধ্যমে আপীল করা যাইবে এবং চ্যান্সেলর সংশ্লিষ্ট অফিসার বা কর্তৃপক্ষের নিকট এই আপীলের একটি প্রতিলিপি প্রেরণ করিবেন এবং কোন আপীল গ্রহণ করা যাইবে না এই মর্মে তিনি উক্ত অফিসার বা কর্তৃপক্ষকে কারণ দর্শানোর সুযোগ দিবেন। (২) চ্যান্সেলর এইরূপ আপীল প্রত্যাখান করিতে পারিবেন অথবা প্রয়োজন মনে করিলে তিনি বিষয়টি তদন্ত করার জন্য বিশ্ববিদ্যালয়ের অফিসার নন অথবা কর্তৃপক্ষের সদস্য নন এমন সদস্যদের সমন্বয়ে একটি তদন্ত কমিশন নিয়োগ করিতে পারিবেন এবং কমিশন উক্ত বিষয়ে তাঁহার নিকট প্রতিবেদন পেশ করিবেন। (৩) তদন্ত কমিশনের প্রতিবেদন পাওয়ার পর চ্যান্সেলর যেরূপ উপযুক্ত মনে করিবেন সেইরূপ আদেশ দিতে পারিবেন। (৪) (২) উপ-ধারার অধীন নিযুক্ত কোন তদন্ত কমিশন কিছু কাগজপত্র বা তথ্যাবলীকে তদন্তাধীন বিষয়টির সংগে সংশ্লিষ্ট বলিয়া মনে করিলে, কোন অফিসার অথবা কোন কর্তৃপক্ষকে তাহা সরবরাহ করার জন্য কমিশন অনুরোধ করিতে পারিবেন এবং এইরূপ অনুরোধ উক্ত অফিসার বা কর্তৃপক্ষ রক্ষা করিতে বাধ্য থাকিবেন।",
"name": "চ্যান্সেলরের নিকট আপীল",
"related_acts": "",
"section_id": 52
},
{
"act_id": 609,
"details": "৪৮। সংবিধিসমূহে যে পদ্ধতি এবং যে সকল শর্ত নির্ধারণ করা হইবে তাহা সাপেক্ষে, বিশ্ববিদ্যালয় ইহার অফিসার, শিক্ষক এবং কর্মচারীগণের মঙ্গলের জন্য যেরূপ অবসরভাতা, গোষ্ঠী-বীমা, মঙ্গল এবং ভবিষ্য তহবিল গঠন করা উচিত মনে করিবেন তাহা গঠন করিতে পারিবেন এবং যেরূপ গ্রাচুইটি তাহাদের দেওয়া সমীচীন মনে করিবেন সেইরূপ প্রদান করিতে পারিবেন।",
"name": "অবসরভাতা, ইত্যাদি",
"related_acts": "",
"section_id": 53
},
{
"act_id": 609,
"details": "৪৯। যদি চ্যান্সেলর মনে করেন যে, কোন কর্তৃপক্ষের কোন সিদ্ধান্ত-প্রস্তাব বা কোন সিদ্ধান্ত এই আইন বা কোন সংবিধির কোন বিধানের পরিপন্থী, তাহা হইলে তিনি এইরূপ সিদ্ধান্ত-প্রস্তাব বা সিদ্ধান্তকে বাতিল বলিয়া ঘোষণা করিতে পারিবেন অথবা উক্ত বিধানের সংগে সামঞ্জস্যপূর্ণ করিয়া তিনি উক্ত সিদ্ধান্ত-প্রস্তাব বা সিদ্ধান্তকে সংশোধন করিতে পারিবেন।",
"name": "চ্যান্সেলরের বিশেষ ক্ষমতাসমূহ",
"related_acts": "",
"section_id": 54
},
{
"act_id": 609,
"details": "50 ৪৯ক। (১) ফাজিল ও কামিল মাদ্রাসা সংশ্লিষ্ট বিশ্ববিদ্যালয়ের কার্যাদি সম্পর্কিত ব্যয় নির্বাহের জন্য \"মাদ্রাসা শিক্ষা তহবিল\" নামে একটি তহবিল থাকিবে। (২) মাদ্রাসা শিক্ষা তহবিলে নিম্নবর্ণিত অর্থ জমা হইবে, যথা :- (ক) সরকার হইতে প্রাপ্ত বরাদ্দ; (খ) ফাজিল ও কামিল মাদ্রাসা হইতে সংগৃহীত ফি; (গ) অন্যান্য উৎস হইতে প্রাপ্ত অর্থ। (৩) মাদ্রাসা সম্পর্কিত ব্যয় নির্বাহের জন্য মাদ্রাসা শিক্ষা তহবিল কোষাধ্যক্ষের সার্বিক তত্ত্বাবধানে বিশ্ববিদ্যালয় কর্তৃক ব্যবহৃত হইবে। (৪) উপ-ধারা (৩) এ উল্লিখিত ব্যয় নির্বাহের জন্য বাজেট বরাদ্দ থাকিবে। (৫) সিন্ডিকেটের পূর্বানুমোদনক্রমে, উপ-ধারা (১) এ উল্লিখিত তহবিল যে কোন তফসিলি ব্যাংকে জমা রাখিতে হইবে।",
"name": "মাদ্রাসা শিক্ষা তহবিল",
"related_acts": "",
"section_id": 55
},
{
"act_id": 609,
"details": "৫০। বিশ্ববিদ্যালয়ের কার্যাবলী সম্পাদনের ক্ষেত্রে অথবা কোন কর্তৃপক্ষের প্রথম বৈঠকের বিষয়ে অথবা অন্যভাবে এই আইনের বিধানাবলীকে প্রথম কার্যকরী করার ব্যাপারে কোন অসুবিধা দেখা দিলে, সকল কর্তৃপক্ষ গঠিত হওয়ার পূর্বে যে কোন সময়ে চ্যান্সেলর এই আইনের অথবা সংবিধির বিধানাবলীর সঙ্গে যথাসম্ভব সঙ্গতিপূর্ণভাবে যে কোন পদে নিয়োগদান করিতে পারিবেন অথবা এমন কাজ করিতে পারিবেন যাহা উক্ত অসুবিধা দূর করার জন্য প্রয়োজনীয় এবং বাস্তবসম্মত বলিয়া তাঁহার নিকট প্রতীয়মান হইবে, সেক্ষেত্রে এইরূপ নিয়োগ বা ব্যবস্থা এই আইনের বিধানাবলী অনুসারে করা হইয়াছে বা গৃহীত হইয়াছে মনে করিয়া এইরূপ প্রত্যেকটি আদেশ কার্যকরী করিতে হইবে।",
"name": "অসুবিধা দূরীকরণ",
"related_acts": "",
"section_id": 56
},
{
"act_id": 609,
"details": "51 ৫১। (১) বাংলাদেশ মাদ্রাসা শিক্ষা বোর্ডের আওতাধীন ২০০৫-২০০৬ শিক্ষাবর্ষে ফাজিল ও কামিল মাদ্রাসায়- (ক) যে সকল ছাত্র-ছাত্রী ২ (দুই) বৎসর মেয়াদী কোর্সে ভর্তি হইয়াছে এবং যাহাদের পরীক্ষা ২০০৭ সনে অনুষ্ঠিত হইবে, সে সকল ছাত্র-ছাত্রীদের পরীক্ষা বাংলাদেশ মাদ্রাসা শিক্ষা বোর্ড কর্তৃক গৃহীত হইবে; (খ) যে সকল ছাত্র-ছাত্রী ৩(তিন) বৎসর মেয়াদী কোর্সে ভর্তি হইয়াছে সে সকল ছাত্র- ছাত্রীদের পরীক্ষা বিশ্ববিদ্যালয় কর্তৃক গৃহীত হইবে; (গ) অধ্যয়নরত যে সকল ছাত্র-ছাত্রী দফা (ক) এর অধীন অনুষ্ঠেয় পরীক্ষায় অকৃতকার্য হইবে, সে সকল ছাত্র-ছাত্রীদের রেজিস্ট্রেশনের মেয়াদ কার্যকর থাকা সাপেক্ষে, বাংলাদেশ মাদ্রাসা শিক্ষা বোর্ড কর্তৃক পরীক্ষা গৃহীত হইবে; (ঘ) দফা (গ) এর অধীনে যে সকল ছাত্র-ছাত্রী অকৃতকার্য হইয়া রেজিস্ট্রেশনের মেয়াদ কার্যকর থাকা সাপেক্ষে ২০০৮ সনে বাংলাদেশ মাদ্রাসা শিক্ষা বোর্ডের অধীনে ফাজিল পরীক্ষায় অংশগ্রহণ করিয়া উত্তীর্ণ হইবে, তাহারা বিশ্ববিদ্যালয়ের অধীনে ২০০৮-২০০৯ শিক্ষাবর্ষে কামিল প্রথম বর্ষে ভর্তির সুযোগ পাইবে; তবে ভর্তিকৃত ছাত্র-ছাত্রীদের স্নাতক ডিগ্রী মান প্রদানের জন্য মাদ্রাসা সংক্রান্ত একাডেমিক কমিটি কর্তৃক নির্ধারিত বিষয় ও পদ্ধতিতে ৩০০ (তিনশত) নম্বরের ফাজিল বি, এ (বিশেষ) পরীক্ষার ব্যবস্থা গ্রহণ করিতে হইবে, এবং ২০০৬-২০০৭ ও ২০০৭-২০০৮ শিক্ষাবর্ষে বিশ্ববিদ্যালয়ে কামিল শ্রেণীতে ভর্তি হওয়ার পরও বিশ্ববিদ্যালয় কর্তৃক গৃহীত ফাজিল বি, এ (বিশেষ) পরীক্ষায় যে সকল ছাত্র-ছাত্রী কোন কারণে অংশগ্রহণ করিতে পারিবে না, বা অংশগ্রহণ করিবার পর অকৃতকার্য হইবে, তাহারাও ২০০৮-২০০৯ শিক্ষাবর্ষে কামিল শ্রেণীতে পুনরায় ভর্তির সুযোগ পাইবে ও ফাজিল বি, এ (বিশেষ) পরীক্ষায় অংশগ্রহণের সুযোগ পাইবে। (২) যে সকল ছাত্র-ছাত্রী বাংলাদেশ মাদ্রাসা শিক্ষা বোর্ডের আওতাধীন ২০০৬-২০০৭ এবং ২০০৭-২০০৮ শিক্ষাবর্ষে ভর্তি হইয়াছে, সে সকল ছাত্র-ছাত্রীদের স্নাতক ডিগ্রী প্রদানের ক্ষেত্রে, বিশ্ববিদ্যালয় মাদ্রাসা সংক্রান্ত একাডেমিক কমিটি কর্তৃক নির্ধারিত বিষয় ও পদ্ধতিতে ৩০০(তিনশত) নম্বরের ফাজিল বি, এ (বিশেষ) পরীক্ষার ব্যবস্থা গ্রহণ করিবে।",
"name": "অন্তর্বর্তীকালীন বিশেষ বিধান",
"related_acts": "",
"section_id": 57
}
],
"text": "1মানসম্মত শিক্ষাদানের উদ্দেশ্যে একটি আবাসিক ইসলামী বিশ্ববিদ্যালয় স্থাপনকল্পে প্রণীত আইন যেহেতু মানসম্মত শিক্ষাদান এবং ফাজিল ও কামিল মাদ্রাসাসমূহের অধিভুক্তকারী কর্তৃপক্ষ হিসাবে দায়িত্ব পালনের উদ্দেশ্যে একটি আবাসিক ইসলামী বিশ্ববিদ্যালয় স্থাপন ও তৎসংক্রানত বিষয়াদি সমপর্কে বিধান করা সমীচীন ও প্রয়োজনীয়; সেহেতু এতদ্বারা নিম্নরূপ আইন করা হইলঃ-"
} |
{
"id": 610,
"lower_text": [
"1 The words “five years and shall not be less than one year” were substituted for the words and commas “two years, or with fine, or with both” by section 2 of the Public Examinations (Offences) (Amendment) Act, 1992 (Act No. XLI of 1992)",
"2 The words and comma “ten years and shall not be less than three years, and shall also be liable to fine” were substituted for the words and commas “four years, or with fine, or with both” by section 3 of the Public Examinations (Offences) (Amendment) Act, 1992 (Act No. XLI of 1992)",
"3 The words and comma “seven years and shall not be less than three years, and shall also be liable to fine” were substituted for the words and commas “four years, or with fine, or with both” by section 4 of the Public Examinations (Offences) (Amendment) Act, 1992 (Act No. XLI of 1992)",
"4 The words and comma “ten years and shall not be less than three years, and shall also be liable to fine” were substituted for the words and commas “two years, or with fine, or with both” by section 5 of the Public Examinations (Offences) (Amendment) Act, 1992 (Act No. XLI of 1992)",
"5 The semi-colon and word “; or” were substituted for the comma (,) and clause (c) was added by section 6 of the Public Examinations (Offences) (Amendment) Act, 1992 (Act No. XLI of 1992)",
"6 The words and comma “five years and shall not be less than two years, and shall also be liable to fine” were substituted for the words and commas “two years, or with fine, or with both” by section 6 of the Public Examinations (Offences) (Amendment) Act, 1992 (Act No. XLI of 1992)"
],
"name": "The Public Examinations (Offences) Act, 1980",
"num_of_sections": 15,
"published_date": "28th March, 1980",
"related_act": [
610,
75
],
"repelled": false,
"sections": [
{
"act_id": 610,
"details": "1. This Act may be called the Public Examinations (Offences) Act, 1980.",
"name": "Short title",
"related_acts": "610",
"section_id": 1
},
{
"act_id": 610,
"details": "2. In this Act, unless there is anything repugnant in the subject or context,- (a) \t“Board” means a board, body, authority or institution, by whatever name called, established or constituted by or under any law for the time being in force for the organisation, regulation, supervision, control or development of education of any type; (b) \t“examination hall” means a place or premises where a public examination is held; (c) \t“examinee” means a person in whose name a written authority, by whatever name called, for admission to a public examination has been issued by a University or Board; (d) \t“public examination” means any examination that is, or may be, held, conducted, regulated or organised by a University or Board; and (e) \t“University” means a University established by or under any law for the time being in force.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 610,
"details": "3. Whoever,- (a) \tnot being an examinee, enters the examination hall during a public examination declaring himself or holding himself out as an examinee; or (b) \tappears at a public examination in the name of any other person or in a fictitious name, shall be punishable with imprisonment for a term which may extend to 1five years and shall not be less than one year.",
"name": "Personation at public examination",
"related_acts": "",
"section_id": 3
},
{
"act_id": 610,
"details": "4. Whoever discloses, publishes or distributes, by any means whatsoever, before any public examination is held,- (a) \tany paper containing any question set for such examination; or (b) \tany paper containing any question falsely purporting to be set for such examination or intending that the same may be treated as identical with any question set for such examination, shall be punishable with imprisonment for a term which may extend to 2ten years and shall not be less than three years, and shall also be liable to fine.",
"name": "Publication or distribution of question papers before public examination",
"related_acts": "",
"section_id": 4
},
{
"act_id": 610,
"details": "5. Whoever, without any lawful authority, alters or tampers with, in any manner, any marks, mark sheet, tabulation sheet, certificate, diploma or degree relating to any public examination, shall be punishable with imprisonment for a term which may extend to four years, or with fine, or with both.",
"name": "Altering or tampering with any marks, etc.",
"related_acts": "",
"section_id": 5
},
{
"act_id": 610,
"details": "6. Whoever makes, prints, distributes, or uses or, without lawful excuse, has in his possession any mark sheet, certificate, diploma or degree relating to any public examination which he knows to be false or not issued by the University or Board having authority to issue the same, shall be punishable with imprisonment for a term which may extend to 3seven years and shall not be less than three years, and shall also be liable to fine.",
"name": "Making, etc., of false mark sheet, certificate, diploma or degree",
"related_acts": "",
"section_id": 6
},
{
"act_id": 610,
"details": "7. Whoever, without lawful excuse, has in his possession any blank form of mark sheet, certificate, diploma or degree relating to any public examination which has not been issued or delivered to him by or under the authority of the University or Board, shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both.",
"name": "Possession of blank form of mark sheet, certificate, diploma or degree",
"related_acts": "",
"section_id": 7
},
{
"act_id": 610,
"details": "8. Whoever substitutes one answer script relating to any public examination or part thereof for another or adds to an answer script any extra page with answer not written by the examinee himself in the examination hall during the examination period, shall be punishable with imprisonment for a term which may extend to 4ten years and shall not be less than three years, and shall also be liable to fine.",
"name": "Substitution of or addition to answer scripts",
"related_acts": "",
"section_id": 8
},
{
"act_id": 610,
"details": "9. Whoever helps any examinee- (a) \tby supplying in the examination hall any written answer or any book or written paper or any page thereof or extract therefrom; or (b) \tby dictating any answer orally or by any mechanical means 5; or (c) \tby any other means whatsoever, shall be punishable with imprisonment for a term which may extend to 6five years and shall not be less than two years, and shall also be liable to fine.",
"name": "Helping examinees",
"related_acts": "",
"section_id": 9
},
{
"act_id": 610,
"details": "10. Whoever, not being appointed or authorised by a University or Board, conducts any public examination in an examination hall or examines any answer script relating to a public examination, or whoever conducts any public examination in an examination hall or examines any answer script relating to a public examination in the name of any other person or in a fictitious name, shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both.",
"name": "Conducting public examinations or examining answer scripts by unauthorised persons",
"related_acts": "",
"section_id": 10
},
{
"act_id": 610,
"details": "11. Whoever in any manner intentionally- (a) \tobstructs any person in the discharge of his duties in connection with a public examination; or (b) \tobstructs the holding of a public examination; or (c) \tcreates disturbances in any examination hall, shall be punishable with imprisonment for a term which may extend to one year or with fine, or with both.",
"name": "Obstructions in public examinations",
"related_acts": "",
"section_id": 11
},
{
"act_id": 610,
"details": "12. Whoever, being an officer or employee of a University or Board or being entrusted with any duty or responsibility in connection with any public examination, commits an offence under this Act shall be punishable with imprisonment for a term which may extend to five years, or with fine, or with both.",
"name": "Offences by officers or employees of University or Board",
"related_acts": "",
"section_id": 12
},
{
"act_id": 610,
"details": "13. Whoever abets or attempts to commit any offence under this Act shall be punishable with the punishment provided for the offence.",
"name": "Abetment of and attempt to commit offences under this Act",
"related_acts": "",
"section_id": 13
},
{
"act_id": 610,
"details": "14. Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (V of 1898),- (a) \tan offence under this Act shall be cognizable; (b) \tno Court other than that of a Metropolitan Magistrate or a Magistrate of the first class shall try an offence under this Act; (c)\ta Court trying an offence under this Act shall try the offence summarily in accordance with the procedure laid down in the said Code for summary trial of \tsummons cases; (d)\ta Court may pass any sentence under this Act in excess of its power under the said Code.",
"name": "Procedure",
"related_acts": "75",
"section_id": 14
},
{
"act_id": 610,
"details": "15. (1) The Public Examinations (Offences) Ordinance, 1980 (VI of 1980), is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provision of this Act.",
"name": "Repeal and savings",
"related_acts": "",
"section_id": 15
}
],
"text": "An Act to provide for the punishment of offences relating to public examinations. WHEREAS it is expedient to provide for the punishment of offences relating to public examinations; It is hereby enacted as follows:-"
} |
{
"id": 611,
"lower_text": [],
"name": "The Members of Parliament (Determination of Dispute) Act, 1980",
"num_of_sections": 7,
"published_date": "27th January, 1981",
"related_act": [
611,
86
],
"repelled": false,
"sections": [
{
"act_id": 611,
"details": "1. This Act may be called the Members of Parliament (Determination of Dispute) Act, 1980.",
"name": "Short title",
"related_acts": "611",
"section_id": 1
},
{
"act_id": 611,
"details": "2. In this Act, unless there is anything repugnant in the subject or context,- (a) \t“Article” means an Article of the Constitution; (b) \t“dispute” means a dispute mentioned in clause (4) of Article 66; (c)\t“Election Commission” means the Election Commission established under Article 118.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 611,
"details": "3. The Speaker shall within thirty days after a dispute has arisen, prepare a statement containing the facts relating to the dispute, the name and address of the Member of Parliament in respect of whom or in respect of whose seat the dispute has arisen and the name and address of the person who has raised the dispute, hereinafter referred to as the parties to the dispute, and send the statement to the Election Commission to hear and determine the dispute.",
"name": "Reference of disputes under Article 66(4)",
"related_acts": "",
"section_id": 3
},
{
"act_id": 611,
"details": "4. (1) Where a dispute has been referred to the Election Commission by the Speaker for hearing and determination, the Commission shall, unless it is of opinion that a reference on any point regarding the dispute is required to be made to the Speaker, communicate, within fourteen days of the receipt of the statement mentioned in section 3, the statement to the parties to the dispute asking them to submit statements in writing, if any, on the dispute within such time as may be specified by it. (2) After the expiry of the time specified for submission of statements, the Election Commission shall hear the dispute on such date and at such time and place as it may determine. (3) All parties to the dispute shall have the right to appear before the Election Commission in person or to be represented by advocates. (4) The Election Commission shall give a reasonable opportunity to the parties to the dispute of adducing evidence and of cross-examining witnesses. (5) Except as aforesaid the procedure for hearing a dispute shall be such as the Election Commission considers appropriate in the circumstances of the case.",
"name": "Procedure for hearing disputes by Election Commission",
"related_acts": "",
"section_id": 4
},
{
"act_id": 611,
"details": "5. (1) For the purpose of hearing and determination of a dispute, the Election Commission shall have all the powers of a Civil Court, while trying a suit, under the Code of Civil Procedure, 1908 (V of 1908), in respect of the following matters, namely:- (a) \tsummoning and enforcing the attendance of any person and examining him on oath; (b) \trequiring the discovery and production of any document; (c) \treceiving evidence on affidavit; (d) \tissuing commissions for the examination of witnesses or documents; (e) \tsuch other matters as may be prescribed. (2) Any proceeding before the Election Commission under this Act shall be deemed to be a judicial proceeding within the meaning of section 193 of the Penal Code (XLV of 1860).",
"name": "Powers of Election Commission",
"related_acts": "86",
"section_id": 5
},
{
"act_id": 611,
"details": "6. The Election Commission shall communicate its decision on a dispute to the Speaker within one hundred and twenty days of the receipt of the statement mentioned in section 3.",
"name": "Decision of the Election Commission",
"related_acts": "",
"section_id": 6
},
{
"act_id": 611,
"details": "7. The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 7
}
],
"text": "An Act to make provision for empowering the Election Commission to give full effect to the provisions of clause (4) of Article 66 of the Constitution. WHEREAS it is expedient to make provision for empowering the Election Commission to give full effect to the provisions of clause (4) of Article 66 of the Constitution; It is hereby enacted as follows:-"
} |
{
"id": 612,
"lower_text": [],
"name": "The Bangladesh Consumer Supplies Corporation (Repeal) Act, 1981",
"num_of_sections": 4,
"published_date": "30th April, 1981",
"related_act": [
612
],
"repelled": false,
"sections": [
{
"act_id": 612,
"details": "1. (1) This Act may be called the Bangladesh Consumer Supplies Corporation (Repeal) Act, 1981. (2) It shall be deemed to have come into force on the 25th day of March, 1981.",
"name": "Short title and commencement",
"related_acts": "612",
"section_id": 1
},
{
"act_id": 612,
"details": "2. The Bangladesh Consumer Supplies Corporation Order, 1972 (P.O. No. 47 of 1972), hereinafter referred to as the said Order, is hereby repealed.",
"name": "Repeal of P.O. No. 47 of 1972",
"related_acts": "",
"section_id": 2
},
{
"act_id": 612,
"details": "3. Notwithstanding the repeal of the said Order and anything contained in any other law for the time being in force or in any contract or legal instrument, upon such repeal,- (a) \tall assets and liabilities of the Bangladesh Consumer Supplies Corporation established by the said Order, hereinafter referred to as the said Corporation, shall, in accordance with such arrangement as the Government may determine, stand transferred to the Bangladesh Consumer Supplies Company Limited, hereinafter referred to as the Company; Explanation.- The expression “assets” includes all rights, powers, authorities and privileges and all property, movable and immovable, including lands, buildings, works, vehicles, cash balance, reserve funds, bank deposits, investments and all other rights and interests in, or arising out of, such property and all books of accounts, registers, records and all other documents of whatever nature relating thereto; (b) \tall suits and other legal proceedings instituted by or against the said Corporation shall be deemed to have been instituted by or against the Company and may be continued or proceeded with accordingly; (c) \tall Officers and other employees of the said Corporation shall stand transferred to the Company and shall hold office or service in the Company on such terms and conditions as the Company may determine: Provided that an Officer or other employee so transferred shall have the option not to continue in the service of the Company.",
"name": "Savings",
"related_acts": "",
"section_id": 3
},
{
"act_id": 612,
"details": "4. (1) The Bangladesh Consumer Supplies Corporation (Repeal) Ordinance, 1981 (Ord. IV of 1981), is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken or any order made under the said Ordinance shall be deemed to have been done, taken or made, as the case may be, under the corresponding provision of this Act.",
"name": "Repeal and savings",
"related_acts": "",
"section_id": 4
}
],
"text": "An Act to repeal the Bangladesh Consumer Supplies Corporation Order, 1972. WHEREAS it is expedient to repeal the Bangladesh Consumer Supplies Corporation Order, 1972 (P.O. No. 47 of 1972), and to provide for matters connected with such repeal; It is hereby enacted as follows:-"
} |
{
"id": 613,
"lower_text": [
"1 The words “or of any statutory public authority” were inserted by section 2 of the Administrative Tribunals (Amendment) Ordinance, 1984 (Ordinance No. LX of 1984)",
"2 Clause (aa) was inserted by section 3 of the Administrative Tribunals (Amendment) Ordinance, 1984 (Ordinance No. LX of 1984)",
"3 The words “or of any statutory public authority” were inserted by section 4 of the Administrative Tribunals (Amendment) Ordinance, 1984 (Ordinance No. LX of 1984)",
"4 The words “or of any statutory public authority” were inserted by section 4 of the Administrative Tribunals (Amendment) Ordinance, 1984 (Ordinance No. LX of 1984)",
"5 The words “or of any statutory public authority” were inserted by section 4 of the Administrative Tribunals (Amendment) Ordinance, 1984 (Ordinance No. LX of 1984)",
"6 The words “or of any statutory public authority” were inserted by section 4 of the Administrative Tribunals (Amendment) Ordinance, 1984 (Ordinance No. LX of 1984)",
"7 The words “or of any statutory public authority” were inserted by section 4 of the Administrative Tribunals (Amendment) Ordinance, 1984 (Ordinance No. LX of 1984)",
"8 The proviso was inserted by section 2 of the Administrative Tribunals (Amendment) Act, 1997 (Act No. XXIV of 1997)",
"9 The words “or of any statutory public authority” were inserted by section 4 of the Administrative Tribunals (Amendment) Ordinance, 1984 (Ordinance No. LX of 1984)",
"10 The words “or of the Bangladesh Rifles” were inserted by section 2 of the Administrative Tribunals (Amendment) Ordinance, 1982 (Ordinance No. XXIII of 1982)",
"11 Sub-sections (2), (3) and (4) were substituted for the former sub-sections (2) and (3) by section 2 of the Administrative Tribunals (Amendment) Act, 1987 (Act No. XXX of 1987)",
"12 Section 6A was inserted by section 3 of the Administrative Tribunals (Amendment) Act, 1991 (Act No. XXIII of 1991)",
"13 Sub-sections (3A) and (3B) were inserted by section 3 of the Administrative Tribunals (Amendment) Act, 1987 (Act No. XXX of 1987)",
"14 Sub-section (3B) was substituted by section 2(a) of Administrative Tribunals (Amendment) Act, 2011 (Act No. VI of 2011).",
"15 The words “or the Chairman” were substituted for the words “or the member” by section 3 of the Administrative Tribunals (Amendment) Act, 1987 (Act No. XXX of 1987)",
"16 Sub-section (7) was substituted by section 2(b) of Administrative Tribunals (Amendment) Act, 2011 (Act No. VI of 2011).",
"17 Section 7A and 7B was inserted by section 4 of the Administrative Tribunals (Amendment) Act, 1997 (Act No. XXIV of 1997)",
"18 Section 7C was inserted by section 3 of Administrative Tribunals (Amendment) Act, 2011 (Act No. VI of 2011).",
"19 The words and commas “shall, subject to the decisions and orders of the Appellate Division, be binding” were substituted for the words “shall be binding” by section 4 of the Administrative Tribunals (Amendment) Act, 1991 (Act No. XXIII of 1991)",
"20 The words and comma “decisions and orders of the Appellate Division or of the Administrative Appellate Tribunal, as the case may be” were substituted for the words “decisions and orders of the Administrative Appellate Tribunal” by section 4 of the Administrative Tribunals (Amendment) Act, 1991 (Act No. XXIII of 1991)",
"21 Section 10A was inserted by section 2 of the Administrative Tribunals (Amendment) Act, 1988 (Act No. XV of 1988)"
],
"name": "The Administrative Tribunals Act, 1980",
"num_of_sections": 18,
"published_date": "5th June, 1981",
"related_act": [
613,
86
],
"repelled": false,
"sections": [
{
"act_id": 613,
"details": "1. (1) This Act may be called the Administrative Tribunals Act, 1980. (2) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint.",
"name": "Short title and commencement",
"related_acts": "613",
"section_id": 1
},
{
"act_id": 613,
"details": "2. In this Act, unless there is anything repugnant in the subject or context,- (a)\t“prescribed” means prescribed by rules made under this Act; 2(aa)\t“statutory public authority” means an authority, corporation, or body specified in the Schedule to this Act; and (b)\t“Tribunal” means an Administrative Tribunal or the Administrative Appellate Tribunal established under this Act.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 613,
"details": "3. (1) The Government may by notification in the official Gazette, establish one or more Administrative Tribunals for the purpose of this Act. (2) When more than one Administrative Tribunal is established, the Government shall, by notification in the official Gazette, specify the area within which each Tribunal shall exercise jurisdiction. (3) An Administrative Tribunal shall consist of one member who shall be appointed by the Government from among persons who are or have been District Judges. (4) A member of an Administrative Tribunal shall hold office on such terms and conditions as the Government may determine.",
"name": "Establishment of Administrative Tribunals",
"related_acts": "",
"section_id": 3
},
{
"act_id": 613,
"details": "4. (1) An Administrative Tribunal shall have exclusive jurisdiction to hear and determine applications made by any person in the service of the Republic 3or of any statutory public authority in respect of the terms and conditions of his service including pension rights, or in respect of any action taken in relation to him as a person in the service of the Republic 4or of any statutory public authority. (2) A person in the service of the Republic 5or of any statutory public authority may make an application to an Administrative Tribunal under sub-section (1), if he is aggrieved by any order or decision in respect of the terms and conditions of his service including pension rights or by any action taken in relation to him as a person in the service of the Republic 6or of any statutory public authority: Provided that no application in respect of an order, decision or action which can be set aside, varied or modified by a higher administrative authority under any law for the time being in force relating to the terms and conditions of the service of the Republic 7or of any statutory public authority or the discipline of that service can be made to the Administrative Tribunal until such higher authority has taken a decision on the matter: 8Provided further that, where no decision on an appeal or application for review in respect of an order, decision or action referred to in the preceding proviso has been taken by the higher administrative authority within a period of two months from the date on which the appeal or application was preferred or made, it shall, on the expiry of such period, be deemed, for the purpose of making an application to the Administrative Tribunals under this section, that such higher authority has disallowed the appeal of the application: Provided further that no such application shall be entertained by the Administrative Tribunal unless it is made within six months from the date of making or taking of the order, decision or action concerned or making of the decision on the matter by the higher administrative authority, as the case may be. (3) In this section “person in the service of the Republic 9or of any statutory public authority” includes a person who is or has retired or is dismissed, removed or discharged from such service, but does not include a person in the defence services of Bangladesh 10or of the Bangladesh Rifles.",
"name": "Jurisdiction of Administrative Tribunals",
"related_acts": "",
"section_id": 4
},
{
"act_id": 613,
"details": "5. (1) The Government shall, by notification in the official Gazette, establish an Administrative Appellate Tribunal for the purpose of this Act. 11(2) The Administrative Appellate Tribunal shall consist of one Chairman and two other members who shall be appointed by the Government. (3) The Chairman shall be a person who is, or has been, or is qualified to be a Judge of the Supreme Court, and of the two other members, one shall be a person who is or has been an officer in the service of the Republic not below the rank of Joint Secretary to the Government and the other a person who is or has been a District Judge. (4) The Chairman or any other member of the Administrative Appellate Tribunal shall hold office on such terms and conditions as the Government may determine.",
"name": "Administrative Appellate Tribunal",
"related_acts": "",
"section_id": 5
},
{
"act_id": 613,
"details": "126A. It is hereby declared that the provisions of Article 103 of the Constitution shall apply in relation to the Administrative Appellate Tribunal as they apply in relation to the High Court Division.",
"name": "Application of Article 103 of the Constitution",
"related_acts": "",
"section_id": 6
},
{
"act_id": 613,
"details": "6. (1) The Administrative Appellate Tribunal shall have jurisdiction to hear and determine appeals from any order or decision of an Administrative Tribunal. (2) Any person aggrieved by an order or decision of an Administrative Tribunal may, within three months from the date of making of the order or decision, prefer an appeal to the Administrative Appellate Tribunal. (2A) Notwithstanding the provisions of sub-section (2), an appeal may be admitted after the period of three months specified in that sub-section but not later than six months, if the appellant satisfies the Administrative Appellate Tribunal that he had sufficient cause for not preferring the appeal within three months (3) The Administrative Appellate Tribunal may, on appeal, confirm, set aside, vary or modify any order or decision of an Administrative Tribunal, and the decision of the Administrative appellate Tribunal in an appeal shall, subject to section 6A, be final.",
"name": "Jurisdiction of Administrative Appellate Tribunal",
"related_acts": "",
"section_id": 7
},
{
"act_id": 613,
"details": "7B. The Tribunal may, at any stage of the proceedings, allow the applicant to alter or amend his application in such manner and on such terms as it thinks fit.",
"name": "Amendment of application",
"related_acts": "",
"section_id": 8
},
{
"act_id": 613,
"details": "7. (1) For the purpose of hearing an application or appeal, as the case may be, a Tribunal shall have all the powers of civil Court, while trying a suit under the Code of Civil Procedure, 1908 (V of 1908), in respect of the following matters, namely:- (a) \tsummoning and enforcing the attendance of any person and examining him on oath; (b) \trequiring the discovery and production of any document; (c) \trequiring evidence on affidavit; (d) \trequisitioning any public record or a copy thereof from any office; (e) \tissuing commissions for the examination of witnesses or documents; (f) \tsuch other matters as may be prescribed. (2) Any proceedings before a Tribunal shall be deemed to be a judicial proceeding within the meaning of section 193 of the Penal Code (XLV of 1860). (3) A Tribunal shall hold its sittings at such place or places as the Government may fix. 13(3A) In the event of any difference of opinion among the members of the Administrative Appellate Tribunal, the opinion of the majority shall prevail. 14(3B) Notwithstanding anything contained in this Act, if, in course of hearing, any member of the Administrative Appellate Tribunal is, for any reason, absent or unable to attend any sitting thereof, the Chairman and the other member present may dispose of appeals, provided they are unanimous in their decision. (4) and (5) Omitted by section 3 of the Administrative Tribunals (Amendment) Ordinance, 1983 (Ordinance No. XXXVIII of 1983). (6) The member of an Administrative Tribunal 15or the Chairman of the Administrative Appellate Tribunal may make such administrative arrangements as he considers necessary for the performance of the functions of the Tribunal. 16(7) The Administrative Appellate Tribunal may, on its own motion or on the application of any party or by way of a reference from an Administrative Tribunal, by an order in writing, transfer, at any stage of the proceedings, any case from one Administrative Tribunal to another Administrative Tribunal, whenever it considers such transfer is just and convenient for the proper dispensation of justice. (8) Subject to the other provisions of this Act, a Tribunal shall, for the purpose of hearing an application or appeal, as the case may be, follow such procedure as may be prescribed: Provided that where, in respect of any matter no procedure has been prescribed by this Act or by rules made thereunder, a Tribunal shall follow the procedure in respect thereof as may be laid down by the Administrative Appellate Tribunal.",
"name": "Powers and procedure of Triunals",
"related_acts": "86",
"section_id": 9
},
{
"act_id": 613,
"details": "177A. (1) Where a person is dismissed or removed from service and an application is made under section 4 against such removal or dismissal and that person dies during the pendency of the case, the right to sue of that applicant shall survive if his service had been pensionable under any law for the time being in force. (2) Where the right to sue survives under sub-section (1), such legal representative of the deceased applicant who would have been entitled to the pensionery benefit at the event of the death or retirement of the deceased applicant may be substituted, upon an application, made to the Tribunal or, as the case may be, to the Appellate Division, within sixty days from the date of the death of the applicant. (3) The legal representative of the deceased, as referred to in sub-section (2), shall be entitled to the pensionery benefit which would have been payable to that deceased if he had been removed or dismissed: Provided that, such pensionery benefit shall not be payable unless the Tribunal or, as the case may be, the Appellate Division, declares the order of the dismissal or removal, as the case may be, as illegal or void: Provided further that, for the purpose of this section, the applicant shall be deemed to have died or retired, as the case may be, on the day on which he was removed or dismissed.",
"name": "Death of the applicant",
"related_acts": "",
"section_id": 10
},
{
"act_id": 613,
"details": "187C. The Administrative Appellate Tribunal may inspect the works of Administrative Tribunals.",
"name": "Inspection of the works of Administrative Tribunal",
"related_acts": "",
"section_id": 11
},
{
"act_id": 613,
"details": "8. (1) All decisions and orders of the Administrative Appellate Tribunal 19shall, subject to the decisions and orders of the Appellate Division, be binding upon the Administrative Tribunals and the parties concerned. (2) All decisions and orders of an Administrative Tribunal shall, subject to the 20decisions and orders of the Appellate Division or of the Administrative Appellate Tribunal, as the case may be, be binding on the parties concerned.",
"name": "Binding effect of Tribunal’s decisions and orders",
"related_acts": "",
"section_id": 12
},
{
"act_id": 613,
"details": "9. A Tribunal shall have power to punish any person who, without lawful excuse, obstructs it in the performance of its functions with simple imprisonment which may extend to one month, or with fine which may extend to five hundred Taka, or with both.",
"name": "Penalty for obstruction",
"related_acts": "",
"section_id": 13
},
{
"act_id": 613,
"details": "10. Subject to this Act, no proceedings, order or decision of a Tribunal shall be liable to be challenged, reviewed, quashed or called in question in any Court.",
"name": "Bar on jurisdiction of Courts",
"related_acts": "",
"section_id": 14
},
{
"act_id": 613,
"details": "2110A. (1) The Administrative Appellate Tribunal shall have power to punish for contempts of its authority or that of any Administrative Tribunal, as if it were the High Court Division of the Supreme Court. (2) Omitted by section 5 of the Administrative Tribunals (Amendment) Act, 1991 (Act No. XXIII of 1991).",
"name": "Contempt of Tribunals",
"related_acts": "",
"section_id": 15
},
{
"act_id": 613,
"details": "11. The provisions of this Act, shall have effect notwithstanding anything contained in any other law for the time being in force.",
"name": "Act to override other laws",
"related_acts": "",
"section_id": 16
},
{
"act_id": 613,
"details": "12. (1) The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- (a) \tform and manner in which and the fee on payment of which an application or appeal may be made; (b) \tregistration of an application or appeal; (c) \tprocedure to be followed by a Tribunal in hearing an application or appeal, as the case may be; (d) \tform and service of notices, summonses and requisitions; (e) \tprescription of records and reports to be maintained or prepared by a Tribunal; (f)\texecution of decisions and orders of a Tribunal; (g) \tany other matter which is to be or may be prescribed.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 17
},
{
"act_id": 613,
"details": "13. All suits, cases, applications and appeals relating to any matter in respect of which a Tribunal has jurisdiction, pending immediately before the commencement of this Act, before any Court shall be tried, heard and disposed of by such Courts, as if this Act had not come into force.",
"name": "Savings",
"related_acts": "",
"section_id": 18
}
],
"text": "An Act to provide for the establishment of Administrative Tribunals to exercise jurisdiction in respect of matters relating to or arising out of the terms and conditions of persons in the service of the Republic 1or of any statutory public authority. WHEREAS Article 117 of the Constitution provides, inter alia, that Parliament may by law establish one or more Administrative Tribunals to exercise jurisdiction in respect of matters relating to or arising out of the terms and conditions of service of persons in the service of the Republic or of any statutory public authority; It is hereby enacted as follows:- AND WHEREAS it is expedient to provide for the establishment of Administrative Tribunals to exercise such jurisdiction and for matters connected therewith;"
} |
{
"id": 614,
"lower_text": [],
"name": "The Appropriation (Railways Supplementary) Act, 1981",
"num_of_sections": 3,
"published_date": "27th June, 1981",
"related_act": [
614
],
"repelled": false,
"sections": [
{
"act_id": 614,
"details": "1. This Act may be called the Appropriation (Railways Supplementary) Act, 1981.",
"name": "Short title",
"related_acts": "614",
"section_id": 1
},
{
"act_id": 614,
"details": "2. There may be paid and applied from and out of the Consolidated Fund sums not exceeding those specified in column 3 of the Schedule amounting in the aggregate to the sum of Taka twenty crore, sixty-eight lakhs and seventy thousand towards defraying the several charges which will come in course of payment during the financial year ending on the thirtieth day of June, 1981, in respect of the services and purposes specified in column 2 of the Schedule.",
"name": "Issue of Taka 20,68,70,000 out of the Consolidated Fund for the year 1980-81",
"related_acts": "",
"section_id": 2
},
{
"act_id": 614,
"details": "3. The sums authorised to be paid and applied from and out of the Consolidated Fund by this Act shall be appropriate for the services and purposes expressed in the Schedule in relation to the financial year ending on the thirtieth day of June, 1981.",
"name": "Appropriation",
"related_acts": "",
"section_id": 3
}
],
"text": "An Act to authorise expenditure of certain further sums in respect of Bangladesh Railways from and out of the Consolidated Fund for the services of the financial year ending on the thirtieth day of June, 1981. WHEREAS it is expedient to authorise expenditure of certain further sums in respect of Bangladesh Railways from and out of the Consolidated Fund for the services of the financial year ending on the thirtieth day of June, 1981; It is hereby enacted as follows:-"
} |
{
"id": 615,
"lower_text": [],
"name": "The Appropriation (Railways) Act, 1981",
"num_of_sections": 3,
"published_date": "27th June, 1981",
"related_act": [
615
],
"repelled": false,
"sections": [
{
"act_id": 615,
"details": "1. This Act may be called the Appropriation (Railways) Act, 1981.",
"name": "Short title",
"related_acts": "615",
"section_id": 1
},
{
"act_id": 615,
"details": "2. There may be paid and applied from and out of the Consolidated Fund sums not exceeding those specified in column 3 of the Schedule amounting in the aggregate to the sum of Taka two hundred forty-seven crore and eighty-nine thousand towards defraying the several charges which will come in course of payment during the financial year ending on the thirtieth day of June, 1982 in respect of the services and purposes specified in column 2 of the Schedule.",
"name": "Issue of Taka 247,00,89,000 out of the Consolidated Fund for the year 1981-82",
"related_acts": "",
"section_id": 2
},
{
"act_id": 615,
"details": "3. The sums authorised to be paid and applied from and out of the Consolidated Fund by this Act shall be appropriated for the services and purposes expressed in the Schedule in relation to the financial year ending on the thirtieth day of June, 1982.",
"name": "Appropriation",
"related_acts": "",
"section_id": 3
}
],
"text": "An Act to authorise expenditure of certain sums in respect of Bangladesh Railways from and out of the Consolidated Fund for the services of the financial year ending on the thirtieth day of June, 1982. WHEREAS it is expedient to authorise expenditure of certain sums in respect of Bangladesh Railways from and out of the Consolidated Fund for the services of the financial year ending on the thirtieth day of June, 1982; It is hereby enacted as follows:-"
} |
{
"id": 616,
"lower_text": [],
"name": "The Appropriation (Supplementary) Act, 1981",
"num_of_sections": 3,
"published_date": "27th June, 1981",
"related_act": [
616
],
"repelled": false,
"sections": [
{
"act_id": 616,
"details": "1. This Act may be called the Appropriation (Supplementary) Act, 1981.",
"name": "Short title",
"related_acts": "616",
"section_id": 1
},
{
"act_id": 616,
"details": "2. There may be paid and applied from and out of the Consolidated Fund sums not exceeding those specified in column 3 of the Schedule amounting in the aggregate to the sum of Taka one thousand forty-four crores, thirty-three lakhs and eighty-nine thousand towards defraying the several charges which will come in course of payment during the financial year ending on the thirtieth day of June, 1981, in respect of the services and purposes specified in column 2 of the Schedule.",
"name": "Issue of Taka 1044,33,89,000 out of the Consolidated Fund for the year 1980-81",
"related_acts": "",
"section_id": 2
},
{
"act_id": 616,
"details": "3. The sums authorised to be paid and applied from and out of the Consolidated Fund by this Act shall be appropriated for the services and purposes expressed in the Schedule in relation to the financial year ending on the thirtieth day of June, 1981.",
"name": "Appropriation",
"related_acts": "",
"section_id": 3
}
],
"text": "An Act to authorise payment and appropriation of certain further sums from and out of the Consolidated Fund for the services of the financial year ending on the thirtieth day of June, 1981. WHEREAS it is expedient to authorise payment and appropriation of certain further sums from and out of the Consolidated Fund for the services of the financial year ending on the thirtieth day of June, 1981; It is hereby enacted as follows:-"
} |
{
"id": 617,
"lower_text": [],
"name": "The Finance Act, 1981",
"num_of_sections": 15,
"published_date": "30th June, 1981",
"related_act": [
354,
617,
77,
206,
754,
155,
604
],
"repelled": false,
"sections": [
{
"act_id": 617,
"details": "1. (1) This Act may be called the Finance Act, 1981. (2) Subject to the Provisional Collection of Taxes Act, 1931 (XVI of 1931), and the declaration made thereunder, this Act shall, except as otherwise provided, come into force on the first day of July, 1981.",
"name": "Short title and commencement",
"related_acts": "617,155",
"section_id": 1
},
{
"act_id": 617,
"details": "2. In the Court Fees Act, 1870 (VII of 1870), for Schedule I and Schedule II thereto the Schedules set out in the First Schedule to this Act shall be substituted.",
"name": "Amendments of Act VII of 1870",
"related_acts": "",
"section_id": 2
},
{
"act_id": 617,
"details": "3. In the Stamp Act, 1899 (II of 1899), in Schedule I, in entry 54, against item (b) in the first column, in the second column, for the words “Twenty-five Taka” the words “Seventy-five Taka” shall be substituted.",
"name": "Amendment of Act II of 1899",
"related_acts": "77",
"section_id": 3
},
{
"act_id": 617,
"details": "4. The following amendments shall be made in the Income-tax Act, 1922 (XI of 1922), namely:- (1) in section 4, in sub-section (3),- (a) \tin clause (via), for the words “Taka two thousand” the words “Taka two thousand and five hundred” shall be substituted; (b) \tfor clause (xvi) the following shall be substituted, namely:- “(xvi) any interest, not exceeding Taka three thousand, received by an assessee, being an individual, from a scheduled bank, a co-operative bank or a co-operative society on any deposit;”; and (c) \tin clause (xviii), in the proviso, for the word, brackets and figure “clause (xvii)” the words, brackets and figures “clauses (xvi) and (xvii)” shall be substituted; (2) in section 7, in sub-section (1), in the third proviso, for the words “three thousand and six hundred Taka”, “one thousand and eight hundred taka” and “one thousand and five hundred Taka” the words “four thousand and two hundred Taka”, “two thousand and four hundred Taka” and “one thousand and eight hundred Taka” shall, respectively, be substituted; (3) \tin section 9, in sub-section (1), in clauses (i) and (ii), for the word “one-sixth” the word “one-fifth” shall be substituted; (4) \tin section 9A, sub-section (6) shall be omitted; (5) \tin section 10, in sub-section (4),- (a) \tin clause (d), for the words “fifty thousand Taka” the words “sixty thousand Taka” shall be substituted; and (b)\tin clause (f), for the full-stop at the end a semi-colon and word “; or” shall be substituted and thereafter the following new clause (g) shall be added, namely:- “(g) any allowance in respect of so much of the expenses incurred by an assessee on account of entertainment or services rendered as are not supported by excise stamp or seal in cases of sales and services liable to excise duty.”; (6) in section 14A,- (a) \tin sub-section (2B), in clause (a), for sub-clause (ii) the following shall be substituted, namely:- “(ii) except in the case of a company or other body corporate under the control of Government or of a corporation the administration and management of which is subject to instruction, direction or control of Government, a subscribed and paid-up capital of not less than Taka one lakh;”; (b) \tafter sub-section (2B), the following new sub-section (2BB) shall be inserted, namely:- “(2BB) The provisions of sub-sections (2A) and (2B) shall also apply to an industrial undertaking consisting of an expansion of an existing industrial undertaking if such expansion constitutes- (a) \tan identifiable industrial unit for production of similar or other goods or class of goods, or (b) \ta similar unit for the carrying out of an identifiable industrial process and such identifiable or similar unit fulfils the conditions laid-down in sub-section (2B), but nothing contained in this sub-section shall apply to an industrial undertaking which is formed by the splitting up or the reconstruction or reconstitution of any business already in existence or by the transfer to a new business of any machinery or plant used in a business which was being carried on in taxable territories.”; (7) in section 15,- (a) \tin sub-section (3), for the words “thirty thousand Taka” the words “thirty five thousand Taka” shall be substituted; and (b) \tafter sub-section (3) amended as aforesaid, the following new sub-section (3A) shall be inserted, namely:- “(3A) The aggregate sum of exemption under sub-section (3), other than the sums exempted under the first proviso to sub-section (1) of section 7, sub-section (1) of section 58F and sub-section (1) of this section, shall be calculated subject to the following limits:- (a) \tWhere the amount does not exceed Taka five thousand\tthe whole of such amount. (b) Where the amount exceeds Taka five thousand\tTaka five thousand plus sixty per cent of the amount exceeding Taka five thousand. (8) in section 15AA,- (a) \tin sub-section (1), after the words and brackets “National Investment (Unit) Trust”, a comma and the words, “, Unit Certificates issued by the Investment Corporation of Bangladesh” shall be inserted; (b) \tin sub-section (3), after the words, brackets and comma “National Investment (Unit) Trust,” the words and comma “Unit Certificates issued by the Investment Corporation of Bangladesh,” shall be inserted; (9) \tsection 15B shall be omitted; (10) \tin section 16, in sub-section (1), in clause (b), for the word “super tax” the word “income-tax” shall be substituted and shall be deemed to have been so substituted on and from the first day of July, 1980; (11) \tin section, 17, in sub-section (5), in clause (b), in sub-clause (ii), in paragraph (1), in the first column for the words “before five-years” the words “within five years” shall be substituted and shall be deemed to have been so substituted on and from the first day of July, 1980; (12) in section 18, in sub-section (3BB), after the words “on account of” occurring for the first time, the words and comma “indenting commission”, shall be inserted; (13) \tin section 18A,- (1) \tin sub-section (1), for the words “twenty thousand taka” the words “twenty-five thousand Taka” shall be substituted; and (2) \tin sub-section (3), for the words “Twenty thousand taka” the words “twenty-five thousand Taka” shall be substituted; (14) in section 22,- in sub-section (1), in the second proviso, for the words “Taka twenty thousand” the words “Taka twenty-five thousand” shall be substituted; (15) in section 23, in sub-section (3A),- (a) \tfor the word “shall” occurring for the first time, the word “may” shall be substituted and shall be deemed to have been so substituted on the from the first day of July, 1980; and (b) \tfor the words “Taka fifteen thousand and shall” the words “Taka twenty thousand and” shall be substituted; (16) in section 24, in sub-section (3), for the full-stop at the end a colon shall be substituted and thereafter the following new proviso shall be added, namely:- “Provided that for the purposes of this section, the Deputy Commissioner of Taxes shall, in computing any loss, deduct any amount received in cash as subsidy from the Government.”; (17) in section 28, in sub-section (1A),- (1) \tafter the word and figure “section 34”, the following words, brackets and letter shall be inserted, namely:- “or (c) understated the value of any immovable property in connection with sale or transfer with a view to evading tax”; (2) for the word, brackets and letter “clause (b)” the words, brackets and letters “clause (b) and (c)” shall be substituted; (3) for the words “either case” the words “any case” shall be substituted; (18)\t in section 34, in sub-section (2), in the proviso, in clause (iv),- (1) in sub-clause (a), the word “and” occurring at the end, shall be omitted; (2) \tfor sub-clause (b) the following shall be substituted and shall be deemed to have been so substituted on and from the 1st day of July, 1980, namely:- “(b) in the case of any such order made on or after the 1st day of July, 1976, and before the 1st day of July, 1978, within the thirtieth day of June, 1982; and (c) \tin any other case, within two years from the end of the year in which such order was made.”; (19) in section 46, in sub-section (5A), after the fifth paragraph, the following new paragraph shall be added, namely:- “If the person to whom a notice under this sub-section is sent fails to make payment in compliance therewith to the Deputy Commissioner of Taxes, he shall be deemed to be an assessee in default for the amount specified in the notice and further proceedings may be taken against him for the recovery of the amount as if it were an arrear of tax due from him in the manner provided in sub-sections (1), (2) and (3) and sections 46A, 46B, 46C and 46D.”.",
"name": "Amendment of Act XI of 1922",
"related_acts": "",
"section_id": 4
},
{
"act_id": 617,
"details": "5. The following amendments shall be made in the Excises and Salt Act, 1944 (I of 1944), namely:- (1) in section 2, in clause (m), for sub-clauses (ii) and (iii) the following shall be substituted, namely:- “(ii)\tin relation to salt, includes collection, removal, preparation, steeping, evaporation, boiling, or any one or more of these processes, the separation or purification of salt obtained in the manufacture of saltpetre, the separation of salt from earth or other substance so as to produce elementary salt and the excavation or removal of natural saline deposits or efflorescence; (iii)\tin relation to steel furniture, fittings and fixtures, footwear, all sorts and wooden furniture, all sorts, includes labelling, re-labelling, printing or marking the name of the shop or establishment or the trade mark of the goods or the container thereof, or printing or labelling of prices or adoption of any other process to render the product marketable to consumers; and the word “manufacturer” shall be construed accordingly and shall include not only a person who employs hired labour in the production or manufacture of excisable goods, but also any person who engages in their production or manufacture on his own account if those goods are intended for sale and, in respect of gold and silver and products thereof, steel furniture, fittings and fixtures, footwear, all sorts and wooden furniture, all sorts, also any person dealing in such excisable goods who, whether or not he carries out any process of manufacture himself or through his employees or relatives, gets either directly or indirectly, any process of manufacture carried out on his behalf by any person who is not in his employ and any person so dealing in such goods in any capacity whatever shall be deemed to have manufactured such goods for all purposes of this Act.” (2) after section 3A, the following new section 3AA shall be inserted, namely:- “3AA. Additional duty of excise.- The Government may, by notification in the official Gazette, levy and collect, by way of penalty an additional duty of excise on any excisable goods and services, in addition to the duty leviable under sections 3 and 3A in cases when such duty is not paid in time, not exceeding the amount of duty remaining so unpaid, subject to such conditions, limitations and restrictions as it may deem fit to impose.”; and (3) for the First Schedule the Schedule set out in the Second Schedule to this Act shall be substituted.",
"name": "Amendments of Act I of 1944",
"related_acts": "206",
"section_id": 5
},
{
"act_id": 617,
"details": "6. The following amendments shall be made in the Estate Duty Act, 1950 (X of 1950), namely:- (1) in section 25A,- (a) in clause (3), in the proviso for the words “Ten lakh Taka” the words “Twenty lakh Taka” shall be substituted; and (b)\tafter clause (10) and the proviso thereto the following new clause shall be added, namely:- “(11)\tUnit Certificates issued by the Investment Corporation of Bangladesh up to the value of Taka two lakh if held continuously for a period of three years by the deceased person.”; and (2) \tfor the Schedule the following shall be substituted, namely:- “THE SCHEDULE (See section 4) Rates of Estate Duty 1. Where the principal value of the estate does not exceed Taka twenty lakh. 5 per cent. 2. Where the principal value of the estate exceeds Taka twenty lakh but does not exceed Taka thirty lakh. Taka 1,00,000 plus 10 per cent of the amount exceeding Taka twenty lakh. 3. Where the principal value of the estate exceeds Taka thitry lakh but does not exceed Taka forty lakh. Taka 2,00,000 plus 15 per cent of the amount exceeding Taka thirty lakh. 4. Where the principal value of the estate exceeds Taka forty lakh but does not exceed Taka fifty lakh. Taka 3,50,000 plus 20 per cent of the amount exceeding Taka forty lakh. 5. Where the principal value of the estate exceeds Taka fifty lakh. Taka 5,50,000 plus 25 per cent of the amount exceeding Taka fifty lakh.”.",
"name": "Amendments of Act X of 1950",
"related_acts": "",
"section_id": 6
},
{
"act_id": 617,
"details": "7. The following amendments shall be made in the Sales Tax Act, 1951 (III of 1951), namely:- (1) \tin section 2, in clause (11), the words “a person engaged in the business of purchasing and selling articles made wholly or partly of gold or silver” shall be omitted; (2) \tin section 3,- (a) \tin sub-section (1),- (i) \tfor clause (a) the following shall be substituted, namely:- “(a) such goods or class of goods as the Board may, by notification in the official Gazette, specify in this behalf which are manufactured or produced in taxable territories, payable by the manufacturer or producer;”; (ii) \tclause (aa) shall be omitted; (b) \tfor sub-section (2) the following shall be substituted, namely:- “(2) The tax shall be- (i) \tin the case of goods falling under clause (a) of sub-section (1), at a rate not exceeding twenty per cent of the value of the goods as mentioned against the goods specified in the notification issued in pursuance of the said clause; (ii) \tin the case of goods falling under clause (b) or clause (d) of sub-section (1) at the rate of twenty per cent on the value of the goods.”; (c) \tin sub-section (3), in clause (i) the words, brackets and letters “or clause (aa)” shall be omitted; (d) \tin sub-section (4), the commas, brackets and letters “, (aa),” shall be omitted; (3)\t in section 12, the words, brackets and letters “and clause (aa)” shall be omitted; and (4) \tthe Schedule shall be omitted.",
"name": "Amendments of Act III of 1951",
"related_acts": "",
"section_id": 7
},
{
"act_id": 617,
"details": "8. The following amendments shall be made in the Urban Immovable Property Tax Act, 1957 (E.P. Act XI of 1957), (1) \tfor section 8 the following shall be substituted, namely:- “8. Penalty for default in payment of tax- If any person, on being served with a notice of demand for the payment of the Urban Immovable Property Tax in the manner provided in section 7, wilfully fails to pay, within the period mentioned in the notice, the tax due, such tax and a sum, by way of penalty, not exceeding the tax remaining unpaid shall be recoverable from the assessee as a public demand.”. (2) for the Schedule the following shall be substituted, namely:- “THE SCHEDULE (See section 3 ) Rates of Tax 1. In all cases of holdings with annual value not exceeding Taka six thousand. Nil. 2. In other cases- (a) not being self-occupied holdings. 4% of the annual value. (b) self-occupied holdings. 2% of the annual value. Provided that in case the holding (not being a self-occupied holding) remains vacant for at least sixty days, the assessee shall be entitled to a remission to the extent of three-fourths of the amount due on account of such period.”.",
"name": "Amendment of Act XI of 1957",
"related_acts": "",
"section_id": 8
},
{
"act_id": 617,
"details": "9. The following amendments shall be made in the Gift Tax Act, 1963 (XIV of 1963), namely:- (1) in section 5, in sub-section (1),-(a) in clause (ix), for the colon a semi-colon shall be substituted and thereafter the following new clause shall be added, namely:- “(x) to his real sons, daughters, father and mother, subject to a maximum of Taka three lakh in value in the aggregate in one or more pervious years:”; and (b) in the proviso, for the full-stop at end a colon shall be substituted and thereafter the following new proviso shall be added, namely:- “Provided further that the value of gifts exempted under clause (x) together with the value of gifts, if any, exempted under clause (v), shall in no case exceed Taka three lakh;”; and (2) for the Schedule the following shall be substituted, namely:- THE SCHEDULE (Vide section 3) Rate of tax 1. On the first Taka two lakh of the value of all taxable gifts. 5 per cent. 2. On the next Taka three lakh of the value of all taxable gifts. 7 ½ per cent. 3. On the next Taka five lakh of the value of all taxable gifts. 10 per cent. 4. On the next Taka ten lakh of the value of all taxable gifts. 12 ½ per cent. 5. On the next Taka fifteen lakh of the value of all taxable gifts. 15 per cent. 6. On the balance 20 per cent.;.”",
"name": "Amendments of Act XIV of 1963",
"related_acts": "",
"section_id": 9
},
{
"act_id": 617,
"details": "10. The following amendments shall be made in the Wealth-Tax Act, 1963 (XV of 1963), namely:- (1) \tin section 5, in sub-section (1), for clause (xii) the following shall be substituted, namely:- “(xii) agricultural land, subject to a maximum of Taka one lakh in value; (xiii) a house owned and occupied by an assessee for the purpose of his own residence, subject to the following limits, namely:- (a) \twhere the value of such house does not exceed Taka ten lakh,\tthe whole of such value; (b) where the value of such house exceeds Taka ten lakh,\tTaka fifteen lakh. (xiv) Unit Certificates issued by the Investment Corporation of Bangladesh up to the value of Taka two lakh.”; and (2) for the Schedule the following shall be substituted, namely:- “THE SCHEDULE (See section 3 ) Rates of Gift Tax Rate. 1. On the first Taka ten lakh of net wealth .. .. Nil. 2. On the next Taka ten lakh of net wealth .. ½ % 3. On the next Taka fifteen lakh of net wealth .. 1% 4. On the next Taka fifteen lakh of net wealth .. 1 ½ % 5. On the balance of net wealth .. .. 2%: Provided that where for any year wealth tax is payable along with income-tax by an assessee whose taxable income exceeds Taka 1,50,000 and the aggregate of income-tax and wealth-tax exceeds 60 per cent of the total income, the amount of wealth-tax payable shall be reduced by the amount by which the said aggregate exceeds 60 per cent of the total income.”.",
"name": "Amendments of Act XV of 1963",
"related_acts": "",
"section_id": 10
},
{
"act_id": 617,
"details": "11. In the Customs Act, 1969 (IV of 1969), in the First Schedule, against Tariff Heading 85.04 in column (1), in column (3), for the figure “125%” occurring twice the figure “150%” shall be substituted in both the places.",
"name": "Amendment of Act IV of 1969",
"related_acts": "354",
"section_id": 11
},
{
"act_id": 617,
"details": "12. In the Finance Act, 1980 (XXIII of 1980), in section 12, in sub-section (1), for the words “Bangladeshi nationals” the words “all Bangladeshi nationals and Bangladeshis having permanent residence or owning properties or business in Bangladesh or enjoying other facilities not available to foreign nationals” shall be substituted.",
"name": "Amendment of Act XXIII of 1980",
"related_acts": "604",
"section_id": 12
},
{
"act_id": 617,
"details": "13. Notwithstanding anything contained in the Customs Act, 1969 (IV of 1969), a passenger arriving at Bangladesh from a foreign country shall be allowed to import any goods as accompanied baggage under rule 5 of the Passengers (Non-tourists) Baggage (Import) Rules, 1981, the value of which as defined in section 25 of the aforesaid Act does not exceed the amount specified in the aforesaid Rules on payment of sales tax at the effective rate and customs-duty at the rates of 250% ad valorem no textile goods, spirituous beverages, perfumery, cosmetics and toilet preparations and 150% ad valorem on other goods, provided that the import of such goods in not prohibited or restricted under any law for the time being in force.",
"name": "Flat rates of customs-duty on accompanied goods of a passenger",
"related_acts": "354",
"section_id": 13
},
{
"act_id": 617,
"details": "14. Development surcharge.- Omitted by section 6 of the অর্থ আইন, ১৯৯১ (১৯৯১ সনের ২১ নং আইন).",
"name": "Development surcharge",
"related_acts": "754",
"section_id": 14
},
{
"act_id": 617,
"details": "15. (1) Subject to the provisions of sub-sections (2), (3), (4) and (5), in making any assessment for the year beginning on the first day of July, 1981, income-tax shall be charged at the rates as specified in the Third Schedule. (2) In making any assessment for the year beginning on the first day of July, 1981,- (a) \twhere the total income of an assessee, not being a company, includes any income chargeable under the head “Salaries” or any income chargeable under the head “interest on Securities”, the income-tax payable by the assessee on that part of his total income which consists of such inclusion shall be an amount bearing to the total amount of income-tax payable according to the rates applicable under the operation of the Finance Act, 1980 (XXIII of 1980) on his total income the same proportion as the amount of such inclusion bears to his total income; and (b) \twhere the total income of a company includes any profits and gains from Life Insurance business, the income-tax payable by the company shall be reduced by an amount equal to 12.5 per cent of that part of its total income which consists of such inclusion. (3) In making any assessment for the year beginning on the first day of July, 1981, where the assessee is a co-operative society, the tax shall be payable at the rate specified in paragraph A, or clause (c) of sub-paragraph (i) of paragraph B, of the Third Schedule, whichever treatment is more beneficial to the assessee: Provided that in calculating for the purposes of this sub-section, the amount of income-tax at the rates specified in paragraph A of the Third Schedule, no deduction in respect of any allowance or sums referred to in the proviso to the said paragraph shall be made. (4) (a) \tIn making any assessment for the year beginning on the first day of July, 1981, where the total income of an assessee other than a company not registered in Bangladesh, includes any profits and gains derived from the export of goods out of Bangladesh, income-tax payable by him in respect of such profits and gains shall, subject to the provisions of clauses (b) and (c), be reduced by an amount computed in the manner specified hereunder:- Amount (i) Where the goods exported abroad had not been manufactured by the assessee who exported them: 30 per cent of the income-tax attributable to export sales. (a) and where the export sales during the relevant year exceed the export sales of the preceding year: plus an additional 1 per cent for every increase of 10 per cent in export sales over those of the preceding year, subject to an overall maximum of 40 per cent. (b) and where the export sales during the relevant year do not exceed the export sales of preceding year: minus 1 per cent for every decrease of 10 per cent in export sales from those of the preceding year, subject to an overall minimum of 20 per cent. (ii) where the goods exported had been manufactured by the assessee who had exported them: (a) where the export sales do not exceed 10 per cent of the total sales: Nil. (b) where the export sales exceed 10 per cent but do not exceed 20 per cent of the total sales: 30 per cent of the income-tax attributable to export sales. (c) where the export sales exceed 20 per cent but do not exceed 30 per cent of the total sales: 40 per cent of the income-tax attributable to export sales. (d) where the export sales exceed 30 per cent of the total sales: 50 per cent of the income-tax attributable to export sales. (b) Nothing contained in clause (a) shall apply in respect of the following goods or class of goods, namely:- (i) tea; (ii) raw jute; (iii) jute manufacture; (iv) raw hides and skin and wet-blue leather; (v) such other goods as may be notified by the National Board of Revenue form time to time. (c) The National Board of Revenue may make rules providing for the computation of profits and the tax attributable to export sales and for such other matters as may be necessary to give effect to the provisions of this sub-section. (5) In cases to which section 17 of the Income-tax Act, 1922 (XI of 1922), applies the tax chargeable shall be determined as provided in that section but with reference to the rates imposed by sub-section (1), and in accordance, where applicable, with the provisions of sub-section (2). (6) For the purpose of making deduction of tax under section 18 of the Income-tax Act, 1922 (XI of 1922), the rates specified in the Third Schedule shall apply as respects the year beginning on the first day of July, 1981, and ending on the thirtieth day of June, 1982. (7) For the purposes of this section and of the rates of tax imposed thereby, the expression “total income” means total income as determined for the purposes of income-tax in accordance with the provisions of the Income-tax Act, 1922 (XI of 1922).",
"name": "Income-tax",
"related_acts": "604",
"section_id": 15
}
],
"text": "An Act to authorise payment and appropriation of certain sums from and out of the Consolidated Fund for the services of the financial year ending on the thirtieth day of June, 1982. WHEREAS it is expedient to authorise payment and appropriation of certain sums from and out of the Consolidated Fund for the services of the financial year ending on the thirtieth day of the June, 1982; It is hereby enacted as follows:-"
} |
{
"id": 618,
"lower_text": [],
"name": "The Appropriation Act, 1981",
"num_of_sections": 3,
"published_date": "30th June, 1981",
"related_act": [
618
],
"repelled": false,
"sections": [
{
"act_id": 618,
"details": "1. This Act may be called the Appropriation Act, 1981.",
"name": "Short title",
"related_acts": "618",
"section_id": 1
},
{
"act_id": 618,
"details": "2. There may be paid and applied from and out of the Consolidated Fund sums not exceeding those specified in column 3 of the Schedule amounting in the aggregate to the sum of Taka seven thousand nine hundred fifty-nine crores, fifty-four lakhs and thirty-one thousand towards defraying the several charges which will come in course of payment during the financial year ending on the thirtieth day of June, 1982, in respect of the services and purposes specified in column 2 of the Schedule.",
"name": "Issue of Taka 7959,54,31,000 out of the Consolidated Fund for the year 1981-82",
"related_acts": "",
"section_id": 2
},
{
"act_id": 618,
"details": "3. The sums authorised to be paid and applied from and out of the Consolidated Fund by this Act shall be appropriated for the services and purposes expressed in the Schedule in relation to the financial year ending on the thirtieth day of June, 1982.",
"name": "Appropriation",
"related_acts": "",
"section_id": 3
}
],
"text": "An Act to authorise payment and appropriation of certain sums from and out of the Consolidated Fund for the services of the financial year ending on the thirtieth day of June, 1982. WHEREAS it is expedient to authorise payment and appropriation of certain sums from and out of the Consolidated Fund for the services of the financial year ending on the thirtieth day of the June, 1982; It is hereby enacted as follows:-"
} |
{
"id": 619,
"lower_text": [
"1 Clause (b) was substituted by section 2 of the Acquisition and Requisition of Immovable Property (Amendment) Ordinance, 1984 (Ordinance No. XL of 1984)",
"2 The words, brackets and figure “within thirty days following the expiry of the period specified under sub-section (1)” were inserted by section 2 of the Acquisition and Requisition of Immovable Property (Amendment) Ordinance, 1994 (Ordinance No. XX of 1994)",
"3 Sub-section (3) was substituted by section 2 of the Acquisition and Requisition of Immovable Property (Amendment) Ordinance, 1983 (Ordinance No. XV of 1983)",
"4 The word “fifty” was substituted for the word “ten” by section 2 of the Acquisition and Requisition of Immovable Property (Amendment) Act, 1994 (Act No. XX of 1994)",
"5 The word “fifty” was substituted for the word “ten” by section 2 of the Acquisition and Requisition of Immovable Property (Amendment) Act, 1994 (Act No. XX of 1994)",
"6 The colon (:) was substituted for the full-stop (.) and the proviso were added thereafter by section 2 of the Acquisition and Requisition of Immovable Property (Second Amendment) Ordinance, 1983 (Ordinance No. XXX of 1983)",
"7 The words and commas “within ten days of the expiry of the aforesaid period, or within such further period but not exceeding thirty days, as the Divisional Commissioner permits on the request of the Deputy Commissioner in writing” were inserted by section 2 of the Acquisition and Requisition of Immovable Property (Amendment) Act, 1994 (Act No. XX of 1994)",
"8 The words and commas “Government or, as the case may be, the Divisional Commissioner” were substituted for the word “Government” by section 3 of the Acquisition and Requisition of Immovable Property (Amendment) Ordinance, 1983 (Ordinance No. XV of 1983)",
"9 The words and commas “Government or, as the case may be, the Divisional Commissioner” were substituted for the word “Government” by section 3 of the Acquisition and Requisition of Immovable Property (Amendment) Ordinance, 1983 (Ordinance No. XV of 1983)",
"10 The colon (:) was substituted for the full-stop (.) and the proviso was added thereafter by section 3 of the Acquisition and Requisition of Immovable Property (Amendment) Act, 1994 (Act No. XX of 1994)",
"11 Sub-section (2) was substituted by section 3 of the Acquisition and Requisition of Immovable Property (Second Amendment) Ordinance, 1983 (Ordinance No. XXX of 1983)",
"12 The words, commas and figure “Government, the Divisional Commissioner or the Deputy Commissioner, as the case may be, has made a decision for acquisition of any property under section 5 or the proviso to section 4(3)(b), as the case may be” were substituted for the words, commas and figure “or, as the case may be, the Divisional Commissioner has made a decision for acquisition of any property under section 5” by section 4 of the Acquisition and Requisition of Immovable Property (Second Amendment) Ordinance, 1983 (Ordinance No. XXX of 1983)",
"13 The commas and words “, the Divisional Commissioner of the Deputy Commissioner of the Deputy Commissioner, as the case may be,” were inserted by section 4 of the Acquisition and Requisition of Immovable Property (Second Amendment) Ordinance, 1983 (Ordinance No. XXX of 1983)",
"14 Sub-section (3) and (4) were substituted for former sub-section (3) by section 4 of the Acquisition and Requisition of Immovable Property (Amendment) Act, 1994 (Act No. XX of 1994)",
"15 The words “fifty per centum” were substituted for the words “twenty per centum” by section 2 of the Acquisition and Requisition of Immovable Property (Amendment) Act, 1993 (Act No. XXV of 1993)",
"16 Section 10A was inserted by section 6 of the Acquisition and Requisition of Immovable Property (Amendment) Act, 1994 (Act No. XX of 1994)",
"17 The words, commas, brackets and figures “shall, unless prevented by some-one or more of the contingencies mentioned in sub-section (2), pay it to them within sixty days from the date of deposit by the requiring person of the estimated amount of compensation under section 7(3)” were substituted for the words, brackets and figure “shall pay it to them unless prevented by some-one or more of the contingencies mentioned in sub-section (2)” by section 5 of the Acquisition and Requisition of Immovable Property (Amendment) Act, 1994 (Act No. XX of 1994)",
"18 Sub-sections (1) and (2) were substituted by section 7 of the Acquisition and Requisition of Immovable Property (Amendment) Act, 1994 (Act No. XX of 1994)",
"19 The word “Ordinance” was substituted for the word “Act” by section 6 of the Acquisition and Requisition of Immovable Property (Amendment) Ordinance, 1983 (Ordinance No. XV of 1983)",
"20 Sub-section (3) was added by section 8 of the Acquisition and Requisition of Immovable Property (Amendment) Act, 1994 (Act No. XX of 1994)",
"21 The colon (:) was substituted for the full-stop (.) and the proviso was added thereafter by section 9 of the Acquisition and Requisition of Immovable Property (Amendment) Act, 1994 (Act No. XX of 1994)",
"22 The colon (:) was substituted for the full-stop (.) and the proviso was added thereafter by section 10 of the Acquisition and Requisition of Immovable Property (Amendment) Act, 1994 (Act No. XX of 1994)",
"23 Section 34A was inserted by section 11 of the Acquisition and Requisition of Immovable Property (Amendment) Act, 1994 (Act No. XX of 1994)"
],
"name": "The Acquisition and Requisition of Immovable Property Ordinance, 1982",
"num_of_sections": 50,
"published_date": "13th April, 1982",
"related_act": [
73,
619,
236,
237,
238,
239,
240,
86
],
"repelled": true,
"sections": [
{
"act_id": 619,
"details": "1. This Ordinance may be called the Acquisition and Requisition of Immovable Property Ordinance, 1982.",
"name": "Short title",
"related_acts": "619",
"section_id": 1
},
{
"act_id": 619,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a) \t“Arbitrator” means an Arbitrator appointed under section 27; 1(b) “Deputy Commissioner” includes an Additional Deputy Commissioner and any other officer authorised by the Deputy Commissioner to exercise any power conferred, or perform any duty imposed, on the Deputy Commissioner by or under this Ordinance; (c) “owner” includes the occupier; (d) \t“person interested”, in relation to any property, includes all persons claiming, or entitled to claim, an interest in the compensation payable on account of the acquisition or requisition of that property under this Ordinance; (e) \t“prescribed” means prescribed by rules made under this Ordinance; (f) \t“property” means immovable property and includes any right in or over such property; and (g) \t“requiring person” means any person for whom any property is, or is proposed to be, acquired under this Ordinance.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 619,
"details": "3. Whenever it appears to the Deputy Commissioner that any property in any locality is needed or is likely to be needed for any public purpose or in the public interest, he shall cause a notice to be published at convenient places on or near the property in the prescribed form and manner stating that the property is proposed to be acquired: Provided that no property used by the public for the purpose of religious worship, graveyard and cremation ground shall be acquired.",
"name": "Publication of preliminary notice of acquisition of property",
"related_acts": "",
"section_id": 3
},
{
"act_id": 619,
"details": "4. (1) Any person interested in any property which has been notified under section 3 as being needed or likely to be needed for a public purpose or in the public interest may, within fifteen days after the publication of the notice, object to the acquisition of the property. (2) Every objection under sub-section (1) shall be made to the Deputy Commissioner in writing, and the Deputy Commissioner shall give the objector an opportunity of being heard either in person or by an agent and shall, after hearing all such objections and after making such further inquiry, if any, as he thinks necessary, prepare a report 2within thirty days following the expiry of the period specified under sub-section (1) containing his opinion on the objections. 3(3) The Deputy Commissioner shall then- (a) \tif the property exceeds 4fifty standard bighas of land, submit the record of the proceedings held by him, together with his report, for the decision of the Government; and (b) \tif the property does not exceed 5fifty standard bighas of land, submit the record of the proceedings held by him, together with his report, for the decision of the Divisional Commissioner 6: Provided that if no objection is raised within the period specified in sub-section (1), the Deputy Commissioner shall, instead of submitting the records of the proceedings to the Divisional Commissioner, make a decision 7within ten days of the expiry of the aforesaid period, or within such further period but not exceeding thirty days, as the Divisional Commissioner permits on the request of the Deputy Commissioner in writing about the acquisition of the property and such decision of the Deputy Commissioner shall be final.",
"name": "Objections against acquisition",
"related_acts": "",
"section_id": 4
},
{
"act_id": 619,
"details": "5. (1) The 8Government or, as the case may be, the Divisional Commissioner, after considering the report submitted by the Deputy Commissioner under section 4(3), shall make a decision about the acquisition of the property and such decision of the 9Government or, as the case may be, the Divisional Commissioner shall be final 10: Provided that- (a) where the decision is to be made by the Divisional Commissioner, it shall be made within fifteen days from the date of submission of the report, or within such further time but not exceeding one month, as he may think fit for reasons to be recorded by him in this behalf ; (b) \twhere decision is to be made by the Government, it shall be made within a period not exceeding ninety days from the date of submission of the report. 11(2) When the Government, the Divisional Commissioner or the Deputy Commissioner, as the case may be, makes a decision for acquisition of the property under sub-section (1) or the proviso to section 4(3)(b), as the case may be, such decision shall be conclusive evidence that the property is needed for a public purpose or in the public interest.",
"name": "Final decision regarding acquisition",
"related_acts": "",
"section_id": 5
},
{
"act_id": 619,
"details": "6. (1) When the 12Government, the Divisional Commissioner or the Deputy Commissioner, as the case may be, has made a decision for acquisition of any property under section 5 or the proviso to section 4(3)(b), as the case may be, the Deputy Commissioner shall cause public notice to be given in the prescribed manner at convenient places on or near such property stating that the Government 13, the Divisional Commissioner or the Deputy Commissioner, as the case may be, has decided to acquire the property and intends to take possession thereof and that claims to compensation for all interests in such property may be made to him. (2) Such notice shall state the particulars of the property to be acquired and taken possession of, and shall require all persons interested in the property to appear personally or by agent before the Deputy Commissioner at a time, not being earlier than fifteen days after the date of publication of the notice, and place mentioned therein and to state the nature of their respective interests in the property and the amount and particulars of their claims to compensation for such interests. (3) The Deputy Commissioner shall also serve notice to the same effect in the prescribed form on the occupier, if any, of such property and on all persons known or believed to be interested therein. (4) The Deputy Commissioner may also, by notice, require any such person to make or deliver to him at a time, not being earlier than fifteen days after the date of service of the notice, and place mentioned therein a statement containing, so far as may be practicable, the name of every other person possessing any interest in the property or any part thereof as co-sharer, mortgagee or otherwise, and of the nature of such interest and profits, if any, received or receivable on account thereof. (5) 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 Penal Code (XLV of 1860).",
"name": "Notice to persons interested",
"related_acts": "",
"section_id": 6
},
{
"act_id": 619,
"details": "7. (1) On the date so fixed, or on any other date to which the enquiry has been adjourned, the Deputy Commissioner shall proceed to enquire into the statement, if any, which any person has made pursuant to a notice given under section 6 and into the value of the property at the date of the publication of the notice under section 3, and into the respective interests of the persons claiming the compensation and shall make an award of - (a) \tthe compensation which, in his opinion, shall be allowed for the property; and (b) \tthe apportionment of the said compensation among all the persons known or believed to be interested in the property, of whom, or of whose claims, he has information. (2) The award made by the Deputy Commissioner shall, except as hereinafter provided, be final. 14(3) The Deputy Commissioner shall, within seven days from the date of making award of compensation,- (a) \tgive notice of his award to the person interested; (b) \tsend the estimate of the award of compensation to the requiring person. (4) The requiring person shall deposit the estimated amount of the award of compensation with the Deputy Commissioner in the prescribed manner within sixty days from the date of receipt of the estimate.",
"name": "Award of compensation by Deputy Commissioner",
"related_acts": "",
"section_id": 7
},
{
"act_id": 619,
"details": "8. (1) In determining the amount of compensation to be awarded for any property to be acquired under this Part, the Deputy Commissioner shall take into consideration- (a) \tthe market value of the property at the date of publication of the notice under section 3: Provided that in determining such market value, the Deputy Commissioner shall take into account the average value, to be calculated in the prescribed manner, of the properties of similar description and with similar advantages in the vicinity during the twelve months preceding the date of publication of the notice under section 3; (b)\tthe damage that may be sustained by the person interested, by reason of the taking of any standing crops or trees which may be on the property at the time of taking possession thereof by the Deputy Commissioner; (c) the damage that may be sustained by the person interested, at the time of taking possession of the property by the Deputy Commissioner, by reason of severing such property from his other property; (d) \tthe damage that may be sustained by the person interested, at the time of taking possession of the property by the Deputy Commissioner, by reason of the acquisition injuriously affecting his other properties, movable or immovable, in any other manner, or his earnings; (e) \tif in consequence of the acquisition of the property, the person interested is likely to be compelled to change his residence or place of business, the reasonable expenses, if any, incidental to such change; and (f) \tthe damage that may be resulting from diminution of the profits of the property between the date of service of notice under section 6 and the date of taking possession of the property by the Deputy Commissioner. (2) In addition to the market value of the property as provided in sub-section (1), the Deputy Commissioner shall, in every case award a sum of 15fifty per centum on such market value in consideration of the compulsory nature of the acquisition.",
"name": "Matters to be considered in determining compensation",
"related_acts": "",
"section_id": 8
},
{
"act_id": 619,
"details": "9. In determining the amount of compensation to be awarded for any property to be acquired under this Part, the Deputy Commissioner shall not take into consideration- (a) the degree of urgency which has led to the acquisition; (b) \tany disinclination of the person interested to part with the property to be acquired; (c) \tany damage that may be sustained by him which, if caused by a private person, would not render such person liable to a suit; (d) \tany damage which is likely to be caused to the property to be acquired, after the date of service of notice under section 6, by or in consequence of the use to which it will be put; (e) \tany increase to the value of the property to be acquired likely to accrue from the use to which it will be put when acquired; or (f) \tany alteration or improvement in, or disposal of, the property to be acquired, made or effected without the sanction of the Deputy Commissioner after the date of publication of the notice under section 3.",
"name": "Matters not to be considered in determining compensation",
"related_acts": "",
"section_id": 9
},
{
"act_id": 619,
"details": "1610A. Notwithstanding anything contained in this Ordinance, when the property acquired under this Part contains standing crops cultivated by bargadar, such portion of the compensation as may be determined by the Deputy Commissioner for the crops shall be paid to the bargadar in cash. Explanation.- In this section “bargadar” means a person who under the system generally known as adhi, barga or bhag cultivates the land of another person on condition of delivering a share of produce of such land to that person.",
"name": "Payment of compensation to bargadar",
"related_acts": "",
"section_id": 10
},
{
"act_id": 619,
"details": "10. (1) On making an award under section 7, the Deputy Commissioner shall, before taking possession of the property, tender payment of the compensation awarded by him to the persons entitled thereto according to the award, and 17shall, unless prevented by some-one or more of the contingencies mentioned in sub-section (2), pay it to them within sixty days from the date of deposit by the requiring person of the estimated amount of compensation under section 7(3). (2) If the persons entitled to compensation do not consent to receive it, or if there be no person competent to receive the compensation, or if there be any dispute as to the title to receive the compensation or as to the apportionment of it, the Deputy Commissioner shall keep the amount of the compensation in a deposit account in the Public Account of the Republic which shall be deemed payment for the purpose of taking over possession of the property without any prejudice to the claim of the parties to be determined by the Arbitrator: Provided that any person admitted to be interested may receive such payment under protest as to the sufficiency of the amount: Provided further that no person who has received the amount otherwise than under protest shall be entitled to make any application under section 28: Provided further 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 Part, to pay the same to the person lawfully entitled thereto.",
"name": "Payment of compensation",
"related_acts": "",
"section_id": 11
},
{
"act_id": 619,
"details": "11. (1) When the compensation mentioned in the award has been paid or is deemed to have been paid in pursuance of section 10, the property shall stand acquired and vest absolutely in the Government free from all encumbrances, and the Deputy Commissioner shall thereupon take possession of the property. (2) Immediately after the acquisition of the property under sub-section (1), a declaration by the Deputy Commissioner in the prescribed form to that effect shall be published in the official Gazette.",
"name": "Acquisition and possession",
"related_acts": "",
"section_id": 12
},
{
"act_id": 619,
"details": "12. 18(1) Notwithstanding anything contained in this Ordinance, where in any case the estimated amount of the award of compensation has not been deposited by the requiring person for acquisition of any property under section 5 within the period specified in section 7(4), all proceedings in respect of such acquisition shall, on the expiry of that period, stand abated and a declaration by the Deputy Commissioner to that effect shall be published in the official Gazette. (2) The Deputy Commissioner may, with the prior approval of the Government, by notification in the official Gazette, revoke all proceedings in respect of acquisition of any property at anytime before the payment of compensation. (3) When any proceedings stand abated or are revoked, the Deputy Commissioner shall make an award determining the amount of compensation due for the damage suffered by the owner in consequence of the notice or of any proceedings thereunder and the costs reasonably incurred by him in the prosecution of the proceedings under this Part relating to the said property and shall pay the compensation accordingly.",
"name": "Abatement or revocation of acquisition proceedings",
"related_acts": "",
"section_id": 13
},
{
"act_id": 619,
"details": "13. The provisions of this Part shall not be applied for the purpose of acquiring a part only of any house, manufactory or other building, if the owner desires that the whole of such house, manufactory or building should be so acquired: Provided that the owner may, at any time, before the Deputy Commissioner has made his award under section 7, by notice in writing withdraw or modify his expressed desire that the whole of such house, manufactory or building should be so acquired: Provided further that, if any question arises as to whether any property proposed to be taken under this Part does or does not form part of a house, manufactory or building within the meaning of this section, the decision of the Deputy Commissioner shall be final.",
"name": "Acquisition of part of a house or buildings",
"related_acts": "",
"section_id": 14
},
{
"act_id": 619,
"details": "14. Where the provisions of this Part are applied for acquiring any property at the cost of any fund controlled or managed by a person other than the Government, the charges of an incidental to such acquisition shall be defrayed from or by such fund or person.",
"name": "Acquisition of property at the cost of a person other than the Government",
"related_acts": "",
"section_id": 15
},
{
"act_id": 619,
"details": "15. (1) When any property is proposed to be acquired for any person other than the Government, such person shall enter into an agreement with the Government in such form as may be prescribed before a notice under section 3 is published. (2) When the property in respect of which an agreement has been entered into with a person under sub-section (1) is acquired under section 11, the Government shall, on the performance by such person of his part of the agreement, transfer the property to the person by executing a deed in such form as may be prescribed and in accordance with the law for the time being in force.",
"name": "Transfer of acquired land to the requiring person other than the Government",
"related_acts": "",
"section_id": 16
},
{
"act_id": 619,
"details": "16. When any compensation paid is in excess of the amount payable or when any compensation is paid to a person other than the rightful owner, the amount of such excess or wrong payment shall be recoverable as a public demand.",
"name": "Recovery of compensation in certain cases",
"related_acts": "",
"section_id": 17
},
{
"act_id": 619,
"details": "17. (1) No property acquired under this Part shall, without the prior approval of the Government, be used for any purpose other than the purpose for which it is acquired. (2) If any requiring person uses any acquired property in contravention of the provision of sub-section (1), or does not use it for the purpose for which it is acquired, he shall be liable to surrender the property to the Deputy Commissioner on being directed by him to do so.",
"name": "Use of acquired property",
"related_acts": "",
"section_id": 18
},
{
"act_id": 619,
"details": "18. (1) When any property is required temporarily for a public purpose or in the public interest, the Deputy Commissioner may, with the prior approval of the Government, by order in writing, requisition it: Provided that no such approval shall be necessary in the case of emergency requirement of any property: Provided further that, save in the case of emergency requirement for the purpose of maintenance of transport or communication system, no property which is bona fide used by the owner thereof as the residence of himself or his family or which is used either for religious worship by the public or as an educational institution or orphanage or as a hospital, public library, graveyard or cremation ground shall be requisitioned. (2) Where an order made under sub-section (1) has been served, the Deputy Commissioner may take possession of the requisitioned property- (a)\tin the case of emergency requirement for the purpose of maintenance of transport or communication system, at any time after the date of service of the order; (b)\t in any other case, after the expiry of thirty days from the date of service of the order, and may use the property for the purpose for which it has been requisitioned. (3) Except with the prior approval of the Government, no property shall be kept under requisition for a period exceeding two years from the date of taking over possession of such property.",
"name": "Requisition of property",
"related_acts": "",
"section_id": 19
},
{
"act_id": 619,
"details": "19. The Government may, of its own motion or on application filed by an aggrieved person, revise an order made under section 18 (1): Provided that no such application shall be entertained unless it is filed within thirty days from the date of service of the order.",
"name": "Revision",
"related_acts": "",
"section_id": 20
},
{
"act_id": 619,
"details": "20. (1) Where any property is requisitioned under this Part, there shall be paid compensation the amount of which shall be determined in the manner and in accordance with the principles set out in this section. (2) The Deputy Commissioner shall, after giving the persons interested an opportunity of being heard in respect of their respective interests in the property and the amount and particulars of their claims to compensation for such interests and having regard to the provisions of sub-section (5), make an award of - (a) the compensation in the manner as may be prescribed; and (b) the apportionment of the said compensation among all the persons known or believed to be interested in the property, of whom, or of whose claims, he has information. (3) The award made by the Deputy Commissioner shall, except as hereinafter provided, be final. (4) The Deputy Commissioner shall give immediate notice of his award to the persons interested. (5) The amount of compensation payable for the requisition of any property shall consist of - (a) \ta recurring payment, in respect of the period of requisition, of a sum equal to the rent which would have been payable for the use and occupation of the property, if it had been taken on lease for that period; and (b)\tsuch sum, if any, as may be found necessary to compensate the persons interested for all or any of the following matters, namely:- (i) \texpenses on account of vacating the requisitioned property; (ii) \texpenses on account of re-occupying the property upon release from requisitioned; and (iii) \tdamages, other than normal wear and tear, caused to the property during the period of requisition, including the expenses that may have to be incurred for restoring the property to the condition in which it was at the time of requisition. (6) Where any property is kept under requisition for more than two years, the Deputy Commissioner shall revise his award regarding the amount payable as compensation under sub-section (5)(a).",
"name": "Award of compensation by Deputy Commissioner",
"related_acts": "",
"section_id": 21
},
{
"act_id": 619,
"details": "21. (1) On making an award under section 20, the Deputy Commissioner shall tender payment of the compensation awarded by him to the persons entitled thereto according to the award, and shall pay it to them unless prevented by someone or more of the contingencies mentioned in sub-section (2). (2) If the persons entitled to compensation do not consent to receive or if there be no person competent to receive the compensation, or if there be any dispute as to the title to receive the compensation or as to the apportionment of it, the Deputy Commissioner shall keep the amount of the compensation in a deposit account in the Public Account of the Republic which shall be deemed payment of the compensation for the requisitioned property without any prejudice to the claim of the parties to be determined by the Arbitrator: Provided that any person admitted to be interested may receive such payment under protest as to the sufficiency of the amount: Provided further that no person who has received the amount otherwise than under protest shall be entitled to make any application under section 28: Provided further 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 Part, to pay the same to the person lawfully entitled thereto.",
"name": "Payment of compensation",
"related_acts": "",
"section_id": 22
},
{
"act_id": 619,
"details": "22. Where any requisitioned property is allotted to, and placed in possession of, any person, the Deputy Commissioner may recover from such person such amount of money and in such manner as may be prescribed.",
"name": "Recovery of money from allottees of requisitioned property",
"related_acts": "",
"section_id": 23
},
{
"act_id": 619,
"details": "23. (1) During the period of requisition, the Deputy Commissioner shall be responsible for the proper maintenance of a requisitioned property. (2) If the Deputy Commissioner is satisfied that repairs are necessary to prevent deterioration of the property, he may, after giving the owner an opportunity of making the repairs himself, cause the repairs to be made at a cost not exceeding one-sixth of the compensation payable to the owner and such cost shall be recovered out of such compensation.",
"name": "Repair of requisitioned property",
"related_acts": "",
"section_id": 24
},
{
"act_id": 619,
"details": "24. (1) Where any requisitioned property is to be released from requisition, the Deputy Commissioner may restore it to the person from whom the property was requisitioned or to his successor-in-interest or to such other person as may appear to the Deputy Commissioner to be entitled to such restoration. (2) The delivery of possession of the requisitioned property to the person referred to in sub-section (1) shall be a full discharge of the Deputy Commissioner from all liability in respect of such delivery, but shall not prejudice any right in respect of the property which any other person may be entitled by the process of law to enforce against the person to whom possession of the property is so delivered: Provided that when the person to whom the requisitioned property is to be restored on release from requisition wilfully neglects or refuses to take delivery of the requisitioned property on being directed in writing to take possession of such requisitioned property by the Deputy Commissioner, such requisitioned property shall be deemed to have been restored to such person within the meaning of this sub-section with effect from the date and time specified in the aforesaid direction. (3) Where the person to whom possession of any requisitioned property is to be delivered cannot be found and has no agent or other person empowered to accept delivery on his behalf, the Deputy Commissioner shall cause a notice declaring that the property is released from requisition to be affixed on some conspicuous part of the property and shall also publish the notice in the official Gazette. (4) When a notice referred to in sub-section (3) is published in the official Gazette, the property specified in such notice shall cease to be subject to requisition from the date of such publication and be deemed to have been delivered to the person entitled to possession thereof ; and the Deputy Commissioner shall not be liable for any compensation or other claim in respect of the property for any period after the said date.",
"name": "Release from requisition",
"related_acts": "",
"section_id": 25
},
{
"act_id": 619,
"details": "25. Notwithstanding anything contained in any other law for the time being in force, if any property under requisition, which has been allotted to any person or is in unauthorised occupation of any person, is required by the Deputy Commissioner for any other use or purpose during the period of requisition or for restoring the property under section 24 on its release from requisition or if the allottee of such property has defaulted in payment of any sum due from him in respect of such property, the Deputy Commissioner, may, at any time, by order in writing, direct such person or allottee to vacate the property by such date as may be specified in such order, and if such person or allottee does not vacate the property by the date so specified, the Deputy Commissioner may evict such person or allottee from such property and may use or cause to be used such force for the purpose as may be necessary.",
"name": "Eviction of allottees",
"related_acts": "",
"section_id": 26
},
{
"act_id": 619,
"details": "26. Nothing in this Part shall apply to any property within the limits of a Cantonment.",
"name": "Part not to apply to Cantonment",
"related_acts": "",
"section_id": 27
},
{
"act_id": 619,
"details": "27. For the purposes of this 19Ordinance, the Government shall, by notification in the official Gazette, appoint a Judicial Officer, not below the rank of Subordinate Judge, to be Arbitrator for such area as may be specified therein.",
"name": "Appointment of Arbitrator",
"related_acts": "",
"section_id": 28
},
{
"act_id": 619,
"details": "28. (1) Any person interested who has not accepted any award made by the Deputy Commissioner under this Ordinance may, within forty-five days from the date of service of notice of the award, make an application to the Arbitrator for revision of the award. (2) The application shall state the grounds on which objection to the award is taken. 20(3) The requiring person shall be made a necessary party in the application made under sub-section (1), along with the Deputy Commissioner.",
"name": "Application to Arbitrator",
"related_acts": "",
"section_id": 29
},
{
"act_id": 619,
"details": "29. The Arbitrator shall, on receipt of an application under section 28, cause a notice specifying the date on which he will proceed to hear the application, and directing their appearance before him on that day, to be served on the following persons, namely:- (a) \tthe applicant; (b) \tall persons interested in the objection; (c) \tthe Deputy Commissioner; and (d) \tthe requiring person.",
"name": "Notice for hearing-",
"related_acts": "",
"section_id": 30
},
{
"act_id": 619,
"details": "30. The scope of the enquiry in every proceeding before the Arbitrator shall be restricted to a consideration of the interests of the persons affected by the objection.",
"name": "Scope of proceedings",
"related_acts": "",
"section_id": 31
},
{
"act_id": 619,
"details": "31. In determining the amount of compensation to be awarded for any property acquired or requisitioned under this Act, the Arbitrator shall be guided by the provisions of sections 8 and 9 or 20, as the case may be 21: Provided that the compensation determined by the Arbitrator in respect of each owner shall not exceed the amount specified in the award of the Deputy Commissioner by more than ten per centum.",
"name": "Arbitrator to be guided by sections 8, 9 and 20",
"related_acts": "",
"section_id": 32
},
{
"act_id": 619,
"details": "32. (1) Every award under this Part shall be in writing signed by the Arbitrator, and shall specify the amounts awarded under different clauses of section 8(1) or section 20(5), as the case may be, together with the grounds of awarding each of the said amounts. (2) Where the amount of compensation determined by an Arbitrator is higher than the amount specified in the award of the Deputy Commissioner, an additional compensation at the rate of ten per cent per annum on such additional amount shall, subject to the decision of an Appellate Arbitration Tribunal, if any, be payable till that amount is paid or offered for payment. (3) Every such award shall be deemed to be a decree and the statement of the grounds of every such award a judgment within the meaning of section 2(2) and section 2(9) respectively of the Code of Civil Procedure, 1908 (V of 1908).",
"name": "Form of award of Arbitrator",
"related_acts": "86",
"section_id": 33
},
{
"act_id": 619,
"details": "33. Every such award shall also state the amount of costs incurred in the proceedings under this Part, and by what persons and in what proportions they are to be paid.",
"name": "Costs",
"related_acts": "",
"section_id": 34
},
{
"act_id": 619,
"details": "34. (1) An appeal shall lie to the Arbitration Appellate Tribunal constituted under sub-section (2), against an award of the Arbitrator. (2) The Government shall, by notification in the official Gazette, constitute one or more Arbitration Appellate Tribunals for such areas as may be specified therein. (3) An Arbitration Appellate Tribunal shall consist of a member who shall be appointed by the Government from among persons who are or have been District Judges. (4) A decision of the Arbitration Appellate Tribunal shall be final. (5) Where the amount of compensation determined by an Arbitration Appellate Tribunal is higher than the amount specified in the award of the Arbitrator, an additional compensation at the rate of ten per cent per annum on such additional amount shall be payable till that amount is paid or offered for payment 22: Provided that the compensation determined by the Arbitration Appellate Tribunal in respect of each land owner shall not exceed the amount specified in the award of the Arbitrator by more than ten per centum.",
"name": "Appeal against the award of Arbitrator",
"related_acts": "",
"section_id": 35
},
{
"act_id": 619,
"details": "2334A. Where additional compensation is required to be paid in pursuance of an award under this Part, such compensation shall be paid to the persons entitled thereto immediately after the said additional amount is deposited by the requiring person with the Deputy Commissioner: Provided that the requiring person shall deposit the additional amount with the Deputy Commissioner within one month from the date of receipt of notice in this behalf from the Deputy Commissioner: Provided further that the Deputy Commissioner shall send the notice to deposit the amount of additional compensation within one month from the date of the award of the Arbitrator or, as the case may be, decision of the Arbitration Appellate Tribunal.",
"name": "Payment of additional compensation",
"related_acts": "",
"section_id": 36
},
{
"act_id": 619,
"details": "35. Nothing in the Arbitration Act, 1940 (X of 1940), shall apply to arbitrations under this Part.",
"name": "Act X of 1940 not to apply",
"related_acts": "",
"section_id": 37
},
{
"act_id": 619,
"details": "36. The Deputy Commissioner and the Arbitrator, while holding any enquiry or proceedings under this Act, shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (V of 1908) for the purpose of - (a) \tsummoning and enforcing the attendance of any person, and examining him on oath; (b) compelling the production of any document or record; (c) \treception of evidence on affidavit; (d) issuing commission for examination of witnesses; (e) requisitioning any public record from any Court or office.",
"name": "Deputy Commissioner and Arbitrator to have certain powers of Civil Court",
"related_acts": "86",
"section_id": 38
},
{
"act_id": 619,
"details": "37. (1) With a view to acquiring or requisitioning any property or determining the compensation payable in respect thereof or securing compliance with an order made under this Ordinance, the Deputy Commissioner or any officer, generally or specially authorised by the Deputy Commissioner in this behalf, and any of the assistants and workmen may- (a) \tenter upon and survey and take levels of any property; (b) \tinspect any property or anything therein; (c) \tmeasure and set out the boundaries and prepare a plan of any property and the intended line of the work, if any, proposed to be made thereon; (d) \tmark 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, cut down and clear away any part of any standing crop, tree or jungle: Provided that no person shall enter upon any property without the consent of the occupier thereof unless at least twenty-four hours' previous notice in writing of his intention to do so has been given. (2) The Deputy Commissioner or the officer authorised by him under sub-section (1) shall, at the time of entry upon any property, pay or tender payment for all necessary damage to be done in such property, and, in case of dispute as to the sufficiency of the amount so paid or tendered, the decision of the Deputy Commissioner shall be final.",
"name": "Power to enter and inspect",
"related_acts": "",
"section_id": 39
},
{
"act_id": 619,
"details": "38. With a view to acquiring or requisitioning any property or determining the compensation payable in respect thereof, the Deputy Commissioner may, by order in writing, require any person to furnish to such officer or authority, as may be specified in the order, such information in his possession as may be specified relating to any property which is acquired or requisitioned, or intended to be acquired or requisitioned, under this Ordinance.",
"name": "Power to obtain information",
"related_acts": "",
"section_id": 40
},
{
"act_id": 619,
"details": "39. (1) Save as otherwise expressly provided in this Ordinance and subject to rules made thereunder, every notice or order issued or made under this Ordinance shall be served by delivering or tendering it to the person named therein or the person on whom it is required to be served under this Ordinance. (2) When such person cannot be found or the notice or order cannot be so delivered or tendered, the service of the notice or order may be made by delivering or tendering it to any officer or such person or to any adult male member of the family of such person residing with him or, if no such officer or member can be found, by affixing a copy thereof on the outer door or on some conspicuous part of the premises in which that person ordinarily resides or carries on business or personally works for gain, and also by affixing a copy thereof in some conspicuous place in the office of the authority or officer issuing or making it and, where possible, in some conspicuous part of the property to which it relates: Provided that, if such authority or officer so directs, the notice or order may be sent by registered post in a letter addressed to the person named therein, or on whom it is required to be served, at his last known residence, address or place of business or work.",
"name": "Service of notices and orders",
"related_acts": "",
"section_id": 41
},
{
"act_id": 619,
"details": "40. Any person who contravenes or attempts to contravene or abets or attempts to abet a contravention of any order made under this Ordinance or who wilfully obstructs any person in doing any of the acts authorised or permitted under this Ordinance or any rule made thereunder shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand Taka, or with both.",
"name": "Penalty",
"related_acts": "",
"section_id": 42
},
{
"act_id": 619,
"details": "41. If the Deputy Commissioner is opposed or impeded in taking possession of any property under this Ordinance, he shall enforce the surrender of the property to himself, and may use or cause to be used such force for the purpose as may be necessary.",
"name": "Enforcement of surrender",
"related_acts": "",
"section_id": 43
},
{
"act_id": 619,
"details": "42. No award made under this Ordinance shall be chargeable with stamp duty, and no person claiming any interest under any such award shall be liable to pay any fee for a copy of the same.",
"name": "Exemption from stamp duty and fees",
"related_acts": "",
"section_id": 44
},
{
"act_id": 619,
"details": "43. No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Ordinance or any order or rule made thereunder.",
"name": "Indemnity",
"related_acts": "",
"section_id": 45
},
{
"act_id": 619,
"details": "44. Save as otherwise expressly provided in this Ordinance, no Court shall entertain any suit or application against any order passed or any action taken under this Ordinance, and no injunction shall be granted by any Court in respect of any action taken or to be taken in pursuance of any power conferred by or under this Ordinance.",
"name": "Bar to jurisdiction of Court",
"related_acts": "",
"section_id": 46
},
{
"act_id": 619,
"details": "45. The Government may, by order notified in the official Gazette, direct that any power conferred or any duty imposed on it by this Ordinance shall, in such circumstances and under such conditions, if any, as may be specified in the order, be exercised or discharged also by such officer or authority as may be so specified.",
"name": "Delegation of powers",
"related_acts": "",
"section_id": 47
},
{
"act_id": 619,
"details": "46. (1) The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- (a) \tthe procedure to be followed in taking possession of any property acquired or requisitioned under this Ordinance; (b) \tthe procedure to be followed by the Arbitrators and the Arbitration Appellate Tribunals; (c) \tthe manner of enforcement of surrender of any property under section 41; (d) \tany other matter which has to be or may be prescribed.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 48
},
{
"act_id": 619,
"details": "47. Notwithstanding the cesser of the Emergency Requisition of Property Act, 1948 (E.B. Act XIII of 1948), on the expiry of the period of its operation, all proceedings and matters, including all notices, notifications and orders, relating to requisition or acquisition of any property or compensation or award in respect of any property requisitioned or acquired and all applications and appeals pending before any authority, arbitrator or Court under that Act shall be continued, enforced, heard or disposed of as if that Act had not ceased to have effect and were continuing in operation.",
"name": "Special savings relating to expired E.B. Act XIII of 1948",
"related_acts": "",
"section_id": 49
},
{
"act_id": 619,
"details": "48. (1) The Land Acquisition Act, 1894 (I of 1894), is hereby repealed. (2) Notwithstanding such repeal, all proceedings and matters, including all notices, notifications and orders, relating to requisition or acquisition of any property or compensation or award in respect of any property requisitioned or acquired and all applications and appeals pending before any authority, arbitration or Court under the said Act shall be continued, enforced, heard or disposed of as if this Ordinance had not been made and promulgated. (3) Subject to the provisions of sub-section (2), the provisions of the General Clauses Act, 1897 (X of 1897), shall apply to the repeal and re-enactment of the said Act by this Ordinance.",
"name": "Repeals and savings",
"related_acts": "73",
"section_id": 50
}
],
"text": "An Ordinance to consolidate and amend the law relating to acquisition and requisition of immovable property. WHEREAS it is expedient to consolidate and amend the law relating to acquisition and requisition of immovable property and to provide for matters connected therewith and ancillary thereto; NOW, THEREFORE, in pursuance of the Proclamation of the twenty-fourth day of March, 1982, and in exercise of all powers enabling him in that behalf, the Chief Martial Law Administrator is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 620,
"lower_text": [
"1 The words and comma “medical consultation,” were omitted by section 2 of the Medical Practice and Private Clinics and Laboratories (Regulation) (Amendment) Ordinance, 1984 (Ordinance No. LXVIII of 1984)",
"2 Section 3 was substituted by section 3 of the Medical Practice and Private Clinics and Laboratories (Regulation) (Amendment) Ordinance, 1984 (Ordinance No. LXVIII of 1984)",
"3 The words “demanded by him or it” were substituted for the words “demanded under this Ordinance” by section 4 of the Medical Practice and Private Clinics and Laboratories (Regulation) (Amendment) Ordinance, 1984 (Ordinance No. LXVIII of 1984)"
],
"name": "The Medical Practice and Private Clinics and Laboratories (Regulation) Ordinance, 1982",
"num_of_sections": 16,
"published_date": "27th May, 1982",
"related_act": [
600,
620
],
"repelled": false,
"sections": [
{
"act_id": 620,
"details": "1. This Ordinance may be called the Medical Practice and Private Clinics and Laboratories (Regulation) Ordinance, 1982.",
"name": "Short title",
"related_acts": "620",
"section_id": 1
},
{
"act_id": 620,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a) \t“Director-General” means the Director-General of Health Services, Government of the People's Republic of Bangladesh; (b) \t“medical practice” includes 1* * * surgical operation, conduction of labour, pathological or radiological examination and any other medical examination or service; (c) \t“prescribed” means prescribed by rules made under this Ordinance; (d)\t“private clinic” means a clinic, hospital or nursing home, by whatever name called, owned by any person, other than the Government, where patients are admitted and kept for treatment; (e)\t“private laboratory” means a laboratory or clinic, by whatever name called, owned by any person, other than the Government, where tests, investigations or examinations, including X-ray and electrocardiogram, are held for diagnosis or clinical purposes; (f) \t“recognised additional medical qualification” means any medical qualification included in the Third Schedule to the Medical and Dental Council Act, 1980 (XVI of 1980); (g)\t“registered medical practitioner” means a person registered or provisionally registered as such under the Medical and Dental Council Act, 1980 (XVI of 1980); (h)\t\t“Schedule” means a Schedule to this Ordinance.",
"name": "Definitions",
"related_acts": "600,600",
"section_id": 2
},
{
"act_id": 620,
"details": "23. The maximum charges and fees that may be demanded in a private clinic or private laboratory for surgical operations, conduction of labour, electrocardiogram, pathological or radiological examinations and other medical examinations or services, as the case may be, shall be such as are specified in Schedule 'A': Provided that these charges and fees shall not apply in the case of patients who are not Bangladeshis.",
"name": "Charges and fees in private clinics",
"related_acts": "",
"section_id": 3
},
{
"act_id": 620,
"details": "4. No registered medical practitioner in the service of the Republic shall carry on private medical practice during office hours.",
"name": "Prohibition of private medical practice during office hours",
"related_acts": "",
"section_id": 4
},
{
"act_id": 620,
"details": "5. Every registered medical practitioner carrying on private medical practice shall maintain a chamber in a hygienically sound condition with necessary facilities for the examination of patients and a room for the waiting of patients and their attendants.",
"name": "Maintenance of Chambers",
"related_acts": "",
"section_id": 5
},
{
"act_id": 620,
"details": "6. (1) Every registered medical practitioner carrying on private medical practice and every private clinic and private laboratory shall maintain a register showing the names and addresses of the patients. (2) Every registered medical practitioner carrying on private medical practice and every private clinic and private laboratory shall issue receipts in printed form for the charges and fees realised from the patients and preserve the counterfoils of such receipts for inspection.",
"name": "Maintenance of registers, etc.",
"related_acts": "",
"section_id": 6
},
{
"act_id": 620,
"details": "7. Every registered medical practitioner carrying on private medical practice and every private clinic and private laboratory shall prominently display in the chamber, clinic or laboratory, as the case may be, a list of charges and fees that may be 3demanded by him or it.",
"name": "Display of charges and fees",
"related_acts": "",
"section_id": 7
},
{
"act_id": 620,
"details": "8. No person shall establish a private clinic without a licence under this Ordinance.",
"name": "Licence to establish private clinic",
"related_acts": "",
"section_id": 8
},
{
"act_id": 620,
"details": "9. No licence for establishing a private clinic shall be issued unless the following conditions are fulfilled, namely:- (a)\tthere is proper accommodation with hygienic environment for the patients; (b)\tthere is at least eighty square feet of floor space for each patient; (c)\tthere is an air-conditioned operation theatre; (d)\tthere are such essential equipments as are specified in Schedule B; (e)\tthere are adequate supply of life-saving and essential medicines; (f)\tthere are such number of full-time registered medical practitioners, nurses and other staff as are specified in Schedule C; (g)\tthere are specialists for the operation, treatment and supervision of patients.",
"name": "Conditions for licence",
"related_acts": "",
"section_id": 9
},
{
"act_id": 620,
"details": "10. (1) Any person intending to establish a private clinic shall apply in the prescribed form to the Director-General for a licence. (2) The owner of a private clinic already in existence shall, on or before the 30th June, 1982, apply in the prescribed form to the Director-General for a licence. (3) The Director-General may, on receipt of an application under sub-section (1) or (2), make such enquiries as he considers necessary, and shall grant the application, if he is satisfied that the conditions for running a clinic as mentioned in section 9 have been fulfilled, or, by order, reject it, if he is not so satisfied. (4) If the Director-General grants the application, he shall issue, in the prescribed form, a licence to the applicant. (5) A private clinic already in existence shall close down after the 30th June, 1982, unless an application for a licence has been made under sub-section (2). (6) Where an application for a licence made under sub-section (2) is rejected, the clinic shall close down after the expiry of thirty days from the date of receipt of the order of such rejection and if an appeal against such order is preferred under section 12, and such appeal is rejected, the clinic shall close down on the date of receipt of the order of such rejection.",
"name": "Application for licence",
"related_acts": "",
"section_id": 10
},
{
"act_id": 620,
"details": "11. (1) The Director-General or any officer authorised by him in this behalf may inspect any chamber of a registered medical practitioner or a private clinic or private laboratory to see if the provisions of this Ordinance are being followed. (2) If on such inspection it is found that the registered medical practitioner or the owner of the clinic or laboratory has contravened or failed to comply with any provision of this Ordinance, the Director-General may,- (a)\tin the case of a registered medical practitioner, recommend to the Government to debar him from carrying on private medical practice; (b) \tin the case of a clinic, by order, cancel the licence in respect thereof: Provided that no such licence shall be cancelled unless the owner of the clinic has been given an opportunity of showing cause against such cancellation; (c)\tin the case of a laboratory, recommend to the Government to close down the laboratory. (3) If, upon consideration of a recommendation made under sub-section (2), the Government decide to take the action recommended, it may, by order,- (a) in the case of a registered medical practitioner, debar him from carrying on private medical practice for such period as it may specify; (b)\tin the case of a laboratory, close it down: Provided that no such action shall be taken unless the registered medical practitioner or as the case may be, the owner of the laboratory has been given an opportunity of showing cause against such action.",
"name": "Inspection, etc.",
"related_acts": "",
"section_id": 11
},
{
"act_id": 620,
"details": "12. (1) Any person aggrieved by an order of the Director-General may, within thirty days from the date of receipt of the order, prefer an appeal to the Government. (2) Any person aggrieved by an order of the Government may within thirty days from the date of receipt of the order, make a petition to the Government for review of the order. (3) The decision of the Government on an appeal or a petition for review shall be final and shall not be called in question in or by any Court.",
"name": "Appeal and review",
"related_acts": "",
"section_id": 12
},
{
"act_id": 620,
"details": "13. (1) If any registered medical practitioner or any owner of a private laboratory contravenes any provision of this Ordinance, he shall be punishable with fine which may extend to five thousand Taka, and the Court, while convicting such owner may order forfeiture to the Government of all or any of the movable property in the laboratory. (2) If any owner of a private clinic contravenes any provision of this Ordinance, he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five thousand Taka, or with both, and the Court, while convicting such owner, may order forfeiture to the Government of all or any of the movable property in the clinic.",
"name": "Penalty",
"related_acts": "",
"section_id": 13
},
{
"act_id": 620,
"details": "14. No Court shall take cognizance of an offence under this Ordinance except on a complaint in writing made by the Director-General or an officer authorised by him in this behalf.",
"name": "Cognizance",
"related_acts": "",
"section_id": 14
},
{
"act_id": 620,
"details": "15. The Government may, by notification in the official Gazette, amend the Schedules from time to time.",
"name": "Power to amend Schedules",
"related_acts": "",
"section_id": 15
},
{
"act_id": 620,
"details": "16. The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 16
}
],
"text": "An Ordinance to regulate medical practice and functioning of private clinics and laboratories. WHEREAS it is expedient to regulate medical practice and functioning of private clinics and laboratories; NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the Chief Martial Law Administrator is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 621,
"lower_text": [],
"name": "The Bangladesh Abandoned Children (Special Provisions) (Repeal) Ordinacne, 1982",
"num_of_sections": 2,
"published_date": "7th June, 1982",
"related_act": [],
"repelled": false,
"sections": [
{
"act_id": 621,
"details": "1. This Ordinance may be called the Bangladesh Abandoned Children (Special Provisions) (Repeal) Ordinance, 1982.",
"name": "Short title",
"related_acts": "",
"section_id": 1
},
{
"act_id": 621,
"details": "2. The Bangladesh Abandoned Children (Special Provisions) Order, 1972 (P.O. No. 124 of 1972), is hereby repealed.",
"name": "Repeal of P.O. No. 124 of 1972",
"related_acts": "",
"section_id": 2
}
],
"text": "An Ordinance to repeal the Bangladesh Abandoned Children (Special Provisions) Order, 1972. WHEREAS it is expedient to repeal the Bangladesh Abandoned Children (Special Provisions) Order, 1972 (P.O. No. 124 of 1972); NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the Chief Martial Law Administrator is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 622,
"lower_text": [
"1 The words “and a Vice-Chairman” were inserted by section 2 of the Zakat Fund (Amendment) Ordinance, 1983 (Ordinance No. XXXIV of 1983)",
"2 The comma and words “, who shall also be its Secretary” were inserted by section 2 of the Zakat Fund (Amendment) Ordinance, 1986 (Ordinance No. V of 1986)",
"3 The word “nine” was substituted for the word “eight” by section 2 of the Zakat Fund (Second Amendment) Ordinance, 1986 (LX of 1986)",
"4 Clause (e) was omitted by section 2 of the Zakat Fund (Amendment) Ordinance, 1986 (Ordinance No. V of 1986)",
"5 The comma and words “, the Vice-Chairman” were inserted by section 2 of the Zakat Fund (Amendment) Ordinance, 1983 (Ordinance No. XXXIV of 1983)",
"6 The comma and words “, the Vice-Chairman” were inserted by section 2 of the Zakat Fund (Amendment) Ordinance, 1983 (Ordinance No. XXXIV of 1983)",
"7 Sub-section (3) was substituted by section 3 of the Zakat Fund (Amendment) Ordinance, 1983 (Ordinance No. XXXIV of 1983)",
"8 The words “person presiding” were substituted for the word “Chairman” by section 3 of the Zakat Fund (Amendment) Ordinance, 1983 (Ordinance No. XXXIV of 1983)",
"9 Section 8 was substituted by section 3 of the Zakat Fund (Amendment) Ordinance, 1986 (Ordinance No. V of 1986)"
],
"name": "The Zakat Fund Ordinance, 1982",
"num_of_sections": 15,
"published_date": "7th June, 1982",
"related_act": [
622
],
"repelled": true,
"sections": [
{
"act_id": 622,
"details": "1. This Ordinance may be called the Zakat Fund Ordinance, 1982.",
"name": "Short title",
"related_acts": "622",
"section_id": 1
},
{
"act_id": 622,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“Board” means the Zakat Board constituted under section 5; (b)\t“Chairman” means the Chairman of the Board; (c)\t“Fund” means the Zakat Fund established under section 3; (d)\t“prescribed” means prescribed by rules made under this Ordinance; (e)\t“Shariah” means the Code of Islamic Laws.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 622,
"details": "3. (1) There shall be established a Fund to be called the Zakat Fund which shall consist of voluntary payment of Zakat by the Muslims. (2) The moneys credited to the Fund shall be kept in non-interest bearing accounts of such scheduled banks as may be decided by the Board. (3) All payments to the Fund shall be made in such manner as may be prescribed.",
"name": "Zakat Fund",
"related_acts": "",
"section_id": 3
},
{
"act_id": 622,
"details": "4. The moneys credited to the Fund shall be utilised for the purposes for which moneys payable as Zakat may be utilised under the Shariah.",
"name": "Utilisation of the Fund",
"related_acts": "",
"section_id": 4
},
{
"act_id": 622,
"details": "5. (1) There shall be a Board to be called the Zakat Board which shall consist of the following members, namely:- (a)\ta Chairman 1and a Vice-Chairman to be appointed by the Government from among eminent Muslim Scholars; (b)\tthe Secretary, Religious Affairs Division, ex-officio; (c)\tthe Director-General, Islamic Foundation, ex-officio 2, who shall also be its Secretary; (d)\t 3nine eminent Muslim Scholars to be appointed by the Government. 4* * * (2) The Chairman 5, the Vice-Chairman and other appointed members shall hold office for a term of three years. (3) The Chairman 6, the Vice-Chairman and other appointed members may be removed from office by the Government at any time without assigning any reason.",
"name": "Board",
"related_acts": "",
"section_id": 5
},
{
"act_id": 622,
"details": "6. The Board shall- (a)\tformulate policies for the management and administration of the Fund; (b)\tsanction expenditure from the Fund for the purposes for which the moneys credited to the Fund may be utilised; (c)\tdo such other acts and things as may be necessary for carrying out the purposes of this Ordinance.",
"name": "Functions of the Board",
"related_acts": "",
"section_id": 6
},
{
"act_id": 622,
"details": "7. (1) The meetings of the Board shall be held at such times and places as may be prescribed: Provided that until so prescribed, such meetings shall be held at such times and places as may be determined by the Chairman. (2) To constitute a quorum at a meeting of the Board not less than three members shall be present. 7(3) All meetings of the Board shall be presided over by the Chairman or, in his absence, by the Vice-Chairman and, in the absence of both the Chairman and the Vice-Chairman, by a member elected for that purpose by the members present. (4) At a meeting of the Board, each member shall have one vote, and, in the event of an equality of votes, the 8person presiding shall have a second or casting vote. (5) No act or proceeding of the Board shall be invalid merely on the ground of existence of any vacancy in, or any defect in the constitution of, the Board.",
"name": "Meetings of the Board",
"related_acts": "",
"section_id": 7
},
{
"act_id": 622,
"details": "98. The Secretary of the Board shall be responsible for the execution of the decisions of the Board and for the maintenance of accounts and records of the Fund.",
"name": "Secretary of the Board",
"related_acts": "",
"section_id": 8
},
{
"act_id": 622,
"details": "9. The Board may appoint such officers and other employees as it considers necessary for the performance of its functions on such terms and conditions as may be prescribed.",
"name": "Staff of the Board",
"related_acts": "",
"section_id": 9
},
{
"act_id": 622,
"details": "10. All administrative expenses of the Board shall be borne by the Government.",
"name": "Expenses of the Board",
"related_acts": "",
"section_id": 10
},
{
"act_id": 622,
"details": "11. (1) The Board may appoint Committees for such districts and police-stations and for such other areas as it may deem fit. (2) A Committee appointed under sub-section (1) shall consist of not more than nine members of whom two-thirds shall be appointed from among Muslim Scholars. (3) A Committee appointed under sub-section (1) shall perform such functions as may be entrusted to it by the Board.",
"name": "Committees",
"related_acts": "",
"section_id": 11
},
{
"act_id": 622,
"details": "12. (1) The Board may establish a Charitable Fund to which shall be credited all voluntary charitable donations and contributions made to it by any person. (2) The moneys credited to the Charitable Fund may be utilised for any religious or charitable purposes.",
"name": "Charitable Fund",
"related_acts": "",
"section_id": 12
},
{
"act_id": 622,
"details": "13. Notwithstanding anything contained in the Income-tax Act, 1922 (XI of 1922), no income-tax shall be payable by any person in respect of any sums paid by him as Zakat to the Fund or as donation or contribution to the Charitable Fund established under section 12.",
"name": "Exemption from income-tax",
"related_acts": "",
"section_id": 13
},
{
"act_id": 622,
"details": "14. (1) The accounts of the Fund and the Charitable Fund shall be audited once in every year by the Comptroller and Auditor-General of Bangladesh. (2) A statement of the accounts audited under sub-section (1) and a report of the Board thereon shall be furnished to the Government by the Board.",
"name": "Audit",
"related_acts": "",
"section_id": 14
},
{
"act_id": 622,
"details": "15. The Board may, with the prior approval of the Government, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 15
}
],
"text": "An Ordinance to establish Zakat Fund. WHEREAS it is expedient to make provisions for the establishment of a Zakat Fund and for matters connected therewith; NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the Chief Martial Law Administrator is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 623,
"lower_text": [
"1 The commas and the words “, stocked, exhibited or sold” were substituted for the words “or sold” by section 2 of the Drugs (Control) (Amendment) Ordinance, 1984 (Ordinance No. XLIII of 1984)",
"2 Sub-section (1A) was inserted by section 2 of the Drugs (Control) (Amendment) Act, 2006 (Act No. IV of 2006)",
"3 Section 6A was inserted by section 3 of the Drugs (Control) (Amendment) Ordinance, 1984 (Ordinance No. XLIII of 1984)",
"4 The commas and the words “, stocked, exhibited or sold” were substituted for the words “or sold” by section 4 of the Drugs (Control) (Amendment) Ordinance, 1984 (Ordinance No. XLIII of 1984)",
"5 The words “twelve months” were substituted for the words “six months” by section 2 of the Drugs (Control) (Amendment) Ordinance, 1982 (Ordinance No. XXVIII of 1982)",
"6 The commas and the words “, stock, exhibition and sale” were substituted for the words “and sale” by section 4 of the Drugs (Control) (Amendment) Ordinance, 1984 (Ordinance No. XLIII of 1984)",
"7 The words “eighteen months” were substituted for the words “nine months” by section 2 of the Drugs (Control) (Amendment) Ordinance, 1982 (Ordinance No. XXVIII of 1982)",
"8 The commas and the words “, stock, exhibition or sale” were substituted for the words “or sale” by section 4 of the Drugs (Control) (Amendment) Ordinance, 1984 (Ordinance No. XLIII of 1984)",
"9 The semi-colon (;) was substituted for the full-stop (.) and clause (d) was added thereafter by section 2 of the Drugs (Control) (Amendment) Ordinance, 1982 (Ordinance No. XXVIII of 1982)",
"10 The commas and the words “, stock, exhibition and sale” were substituted for the words “and sale” by section 4 of the Drugs (Control) (Amendment) Ordinance, 1984 (Ordinance No. XLIII of 1984)",
"11 The comma and the words “, semi-finished bulk drug” were inserted by section 3 of the Drugs (Control) (Amendment) Act, 2006 (Act No. IV of 2006)",
"12 The colon (:) was substituted for the full-stop (.) and thereafter the proviso was added by section 3 of the Drugs (Control) (Amendment) Act, 2006 (Act No. IV of 2006)",
"13 Section 10 was substituted by section 4 of the Drugs (Control) (Amendment) Act, 2006 (Act No. IV of 2006)",
"14 The word, comma and the abbreviation “Pharmacists, etc.” were substituted for the word “pharmacists” by section 5 of the Drugs (Control) (Amendment) Act, 2006 (Act No. IV of 2006)",
"15 Sub-section (1) was substituted by section 5 of the Drugs (Control) (Amendment) Act, 2006 (Act No. IV of 2006)",
"16 The words “system of medicine or herbal drugs” were substituted for the words “system of medicine” by section 5 of the Drugs (Control) (Amendment) Act, 2006 (Act No. IV of 2006)",
"17 Section 14A was inserted by section 5 of the Drugs (Control) (Amendment) Ordinance, 1984 (Ordinance No. XLIII of 1984)",
"18 The commas and the words “, stocks, exhibits or sells” were substituted for the words “or sells” by section 6 of the Drugs (Control) (Amendment) Ordinance, 1984 (Ordinance No. XLIII of 1984)",
"19 The commas and words “, misbranded, spurious or imitated” were substituted for the words “or spurious” by section 6 of the Drugs (Control) (Amendment) Ordinance, 1984 (Ordinance No. XLIII of 1984)",
"20 The comma and the words “, stock or sale” were substituted for the words “or sale” by section 7 of the Drugs (Control) (Amendment) Ordinance, 1984 (Ordinance No. XLIII of 1984)",
"21 The comma and the words “, stocks or sells” were substituted for the words “or sell” by section 7 of the Drugs (Control) (Amendment) Ordinance, 1984 (Ordinance No. XLIII of 1984)",
"22 Section 21 was substituted by section 2 of the Drugs (Control) (Amendment) Act, 1997 (Act No. XVIII of 1997)",
"23 Section 21A was inserted by section 8 of the Drugs (Control) (Amendment) Ordinance, 1984 (Ordinance No. XLIII of 1984)"
],
"name": "The Drugs (Control) Ordinance, 1982",
"num_of_sections": 28,
"published_date": "12th June, 1982",
"related_act": [
75,
188,
623
],
"repelled": true,
"sections": [
{
"act_id": 623,
"details": "1. This Ordinance may be called the Drugs (Control) Ordinance, 1982.",
"name": "Short title",
"related_acts": "623",
"section_id": 1
},
{
"act_id": 623,
"details": "2. The provisions of this Ordinance shall be in addition to, and not in derrogation of, the Drugs Act, 1940 (XXIII of 1940), and any other law for the time being in force and shall have effect notwithstanding anything to the contrary contained in that Act or in any such law or in any contract, agreement or document.",
"name": "Application of other Laws, etc.",
"related_acts": "188",
"section_id": 2
},
{
"act_id": 623,
"details": "3. (1) In this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“Act” means the Drugs Act, 1940 (XXIII of 1940); (b)\t“Committee” means the Drugs Control Committee constituted under this Ordinance; (c)\t“Council” means the National Drugs Advisory Council constituted under this Ordinance; (d) “Drug” shall have the same meaning as in the Act and shall also include any substance exclusively used or prepared for use in accordance with the ayurvedic, unani and homeopathic or biochemic system of medicine; (e)\t“Schedule” means Schedule to this Ordinance. (2)\tWords and expressions used but not defined in this Ordinance shall have the same meaning as in the Act.",
"name": "Definitions",
"related_acts": "188",
"section_id": 3
},
{
"act_id": 623,
"details": "4. (1) The Government shall constitute a Drug Control Committee consisting of a Chairman and such other members as it may appoint from time to time. (2) The Committee shall perform such functions as are specified in this Ordinance.",
"name": "Drug Control Committee",
"related_acts": "",
"section_id": 4
},
{
"act_id": 623,
"details": "5. (1) No medicine of any kind shall be manufactured for sale or be imported, distributed 1, stocked, exhibited or sold unless it is registered with the licensing authority. 2(1A) For the purpose of registration of Homeopathic and Biochemic medicines the licensing authority shall follow the quality standards set out in the Homeopathic and Biochemic pharmacopoeias accepted in such country as the Government may by notification in the official Gazette, specified. (2) The licensing authority shall not register a medicine unless such registration is recommended by the Committee. (3) A registration shall be granted on such conditions as may be specified by the licensing authority. (4) A registration shall, unless cancelled earlier, be valid for a period of five years.",
"name": "Registration of Medicines",
"related_acts": "",
"section_id": 5
},
{
"act_id": 623,
"details": "6. (1) The licensing authority may cancel the registration of any medicine if such cancellation is recommended by the Committee. (2) The Committee shall evaluate every medicine registered before the commencement of this Ordinance and every medicine that may be manufactured or imported after such commencement in order to determine its safety, efficacy and usefulness. (3)\tIf on such evaluation the Committee finds that any such medicine is not safe, efficacious or useful, it may recommend to the licensing authority cancellation of registration of the medicine. (4) The licensing authority may, if it is satisfied that a medicine is sub-standard, suspend the registration of such medicine till he is satisfied that the medicine has attained its standard.",
"name": "Cancellation or suspension of registration",
"related_acts": "",
"section_id": 6
},
{
"act_id": 623,
"details": "36A. (1) Whoever is aggrieved by an order or decision of the licensing authority under sections 5 and 6 may, within one month from the date of making of the order or decision, prefer an appeal to the Appellate Authority appointed under sub-section (2). (2) The Government shall, for the purpose of this section, appoint an Appellate Authority consisting of a Chairman and such number of other members as it may think fit. (3) The Appellate Authority shall give its decision on an appeal after giving the parties concerned an opportunity of being heard. (4) The decision of the Appellate Authority shall be final and shall be binding upon the parties and shall not be called in question before any Court or authority.",
"name": "Appeal",
"related_acts": "",
"section_id": 7
},
{
"act_id": 623,
"details": "7. No registration of a medicine shall be granted unless a fee to be determined by the Government is paid at the time of application for registration.",
"name": "Fees for registration",
"related_acts": "",
"section_id": 8
},
{
"act_id": 623,
"details": "8. (1) On the commencement of this Ordinance, the registration or licence in respect of all medicines mentioned in the Schedules shall stand cancelled, and no such medicine shall, subject to the provisions of sub-section (2), be manufactured, imported, distributed 4, stocked, exhibited or sold after such commencement. (2) Notwithstanding anything contained in sub-section (1),- (a)\tthe medicines specified in Schedule I shall be destroyed within three months from the date of commencement of this Ordinance; (b)\tthe medicines specified in Schedule II may be manufactured or sold for a period of 5twelve months from the date of commencement of this Ordinance and thereafter their manufacture 6, stock, exhibition and sale shall be permitted only if they are registered after change in their formulation in accordance with the direction of the licensing authority; (c)\tthe medicines specified in Schedule III may be manufactured, imported, distributed and sold for a period of 7eighteen months after the commencement of this Ordinance, and thereafter there shall not be any manufacture, import, distribution 8, stock, exhibition or sale of such medicines 9; (d) the medicines specified in Schedule IV may be manufactured, distributed and sold for a period of eighteen months after the commencement of this Ordinance, and thereafter their manufacture, distribution 10, stock, exhibition and sale shall be permitted only if they are registered again with the licensing authority: Provided that no fresh import of raw materials for the manufacture of the medicines specified in Schedule III and Schedule IV shall be permitted.",
"name": "Prohibition of Manufacture, etc., of certain medicines",
"related_acts": "",
"section_id": 9
},
{
"act_id": 623,
"details": "9. (1) No pharmaceutical raw material necessary for the manufacture of any medicine specified in any of the Schedules shall be imported. (2) No drug 11, semi-finished bulk drug or pharmaceutical raw material shall be imported except with the prior approval of the licensing authority. (3) The licensing authority may award an approval under sub-section (2) on such conditions as it deems fit to specify 12: Provided that in case of awarding approval to import any finished medicine, such medicine shall be registered for sale under the same brand name in any of the countries specified under sub-section (1A) of section 5.",
"name": "Restriction on import of certain pharmaceutical raw material",
"related_acts": "",
"section_id": 10
},
{
"act_id": 623,
"details": "1310. Subject to the approval of the licensing authority,- (a) a foreign manufacturer may be allowed to manufacturer any drug under licensing agreement with any manufacturer in Bangladesh if the drug is its research product and is registered under the same brand name in any of the countries specified under sub-section (1A) of section 5; (b) a manufacturer in Bangladesh may be allowed to manufacture any drug under any written contract with any pharmaceutical manufacturing plant in Bangladesh.",
"name": "Manufacture of drugs under licensing agreement etc.",
"related_acts": "",
"section_id": 11
},
{
"act_id": 623,
"details": "11. (1) The Government may, by notification in the official Gazette, fix the maximum price at which any medicine may be sold. (2) The Government may by notification in the official Gazette, fix the maximum price at which any pharmaceutical raw material may be imported or sold.",
"name": "Fixation of price of drugs",
"related_acts": "",
"section_id": 12
},
{
"act_id": 623,
"details": "12. (1) The Government may, review any licensing agreement between a Bangladeshi concern and a foreign concern for manufacture of any drug in Bangladesh in order to find out if it contains any provision against the national interest. (2) If on such review the Government finds that any such provision of any such agreement is against the national interest, it may direct the concerns to modify such provision. (3) If any such concern fails to comply with the direction given under sub-section (2) the manufacturing licence of such concern may be cancelled by the Government.",
"name": "Review of certain licensing agreement with foreign concerns",
"related_acts": "",
"section_id": 13
},
{
"act_id": 623,
"details": "13. 15(1) No person shall manufacture- (a) \tany allopathic drug except under the personal supervision of two personnel, out of whom one shall be a pharmacist registered in Register “A” of the Pharmacy Council of Bangladesh and another shall be a person having the following academic qualification from any university recognised by the Government- (i) \tMaster's degree or Bachelor degree with Honours (4 years curricula) in Chemistry, Biochemistry, Applied Chemistry, Microbiology, Pharmacology or Genetic Engineering; or (ii) \tBachelor degree in Pharmacy, Medicine or Chemical Engineering; (b) \tany Unani, Ayurvedic or Homeopathic or Biochemic system of medicine or other herbal drug except under the personal supervision of two whole time employees of the relevant manufacturing plant or unit, out of whom one shall be a person having degree or diploma in the field of respective system of medicine from any university or institution recognised by the Government with at least one year's practical experience in the manufacture and quality control of drugs of the relevant system and another shall be a person having Bachelor degree in Pharmacy or Bachelor degree with Honours (4 years curricula) in Chemistry, Botany, Applied Chemistry, Biochemistry, with specialisation in Phytochemistry or Pharmacognosy, from any university recognised by the Government with at least one year's practical experience in the manufacture and quality control of drugs of the relevant system. (2) No person, being a retailer, shall sell any drug without the personal supervision of a pharmacist registered in any Register of the Pharmacy Council of Bangladesh: Provided that this provision shall not apply to the retail sale of any drug under the ayurvedic, unani, or homeopathic or biochemic 16system of medicine or herbal drugs.",
"name": "Employment of Pharmacists, etc.",
"related_acts": "",
"section_id": 14
},
{
"act_id": 623,
"details": "14. No person shall publish or take any part in the publication of any advertisement which relates to the use of any drug or contains any claim in respect of therapics or treatment without the prior approval of the licensing authority. Explanation.- “Advertisement” includes any notice, circular or other document displayed on or in any public place or public transport or published in any newspaper or periodical and any announcement made orally or by any means of producing or transmitting light or sound and any trade circular, insert and level.",
"name": "Control of advertisement and claims in respect of drugs",
"related_acts": "",
"section_id": 15
},
{
"act_id": 623,
"details": "1714A. (1) No Physician shall prescribe for any patient any medicine which is not registered under this Ordinance. (2) Nothing in this section shall apply to the prescription of any drug which is- (a)\tmanufactured in a foreign country after testing its efficacy and usefulness; (b)\timported with the permission of the licensing authority for the purpose of examination, test or analysis or for personal use.",
"name": "Prescription of unregistered medicine prohibited",
"related_acts": "",
"section_id": 16
},
{
"act_id": 623,
"details": "15. (1) Every manufacturer of drugs shall follow the good practices in the manufacture and quality contol of drugs recommended by the World Health Organisation. (2) If any manufacturer does not follow such good practices his manufactured licence may be cancelled or suspended.",
"name": "Good practices in the manufacture and quality control of drugs",
"related_acts": "",
"section_id": 17
},
{
"act_id": 623,
"details": "16. Whoever manufactures, imports, distributes 18, stocks, exhibits or sells- (a)\tany medicine which is not registered under this Ordinance, or (b)\tany medicine in contravention of the provisions of section 8, or (c)\tany drug which is adulterated 19, misbranded, spurious or imitated, shall be punishable with rigorous imprisonment for a term which may extend to ten years, or with fine which may extend to two lakh Taka, or with both, and any implements used in the manufacture or sale of such medicine or drug may, by order of the Drug Court, be forfeited to the Government.",
"name": "Penalty for manufacture, etc., of certain drugs",
"related_acts": "",
"section_id": 18
},
{
"act_id": 623,
"details": "17. Whoever manufactures 21, stocks or sells any sub-standard drug shall be punishable with rigorous imprisonment for a term which may extend to five years, or with fine which may extend to one lakh Taka, or with both.",
"name": "Penalty for manufacture, stock or sale of sub-standard drugs",
"related_acts": "",
"section_id": 19
},
{
"act_id": 623,
"details": "18. Whoever imports any drug or pharmaceutical raw material without the prior approval of the licensing authority shall be punishable with rigorous imprisonment for a term which may extend to three years, or with fine which may extend to fifty thousand Taka, or with both and such drug or raw material may, by order of the Drug Court, be forfeited to the Government.",
"name": "Penalty for unauthorised import of drugs",
"related_acts": "",
"section_id": 20
},
{
"act_id": 623,
"details": "19. Whoever sells any medicine or imports or sells any pharmaceutical raw material at a price higher than the maximum price fixed by the Government under section 11 shall be punishable with rigorous imprisonment for a term which may extend to two years, or with fine which may extend to ten thousand Taka, or with both.",
"name": "Penalty for sale of medicine or import or sale of pharmaceutical raw material at a higher price",
"related_acts": "",
"section_id": 21
},
{
"act_id": 623,
"details": "20. Whoever commits theft in respect of any drug in any Government store, hospital, clinic or health centre or sells any such drug or keeps in his possession any such drug for sale shall be punishable with rigorous imprisonment for a term which may extend to ten years, or with fine which may extend to two lakh Taka or with both.",
"name": "Penalty for theft, etc., of Government drugs",
"related_acts": "",
"section_id": 22
},
{
"act_id": 623,
"details": "2221. Whoever contravenes the provision of section 14 shall be punishable with rigorous imprisonment for a term which may extend to three years, or with fine which may extend to two lakh Taka, or with both.",
"name": "Penalty for illegal advertisement and claims",
"related_acts": "",
"section_id": 23
},
{
"act_id": 623,
"details": "2321A. (1) Where an offence under this Ordinance has been committed by a company, every person who at the time the offence has been committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Ordinance if he proves that the offence has been committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where any offence under this Ordinance has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also to be deemed to be proceeded against and punished accordingly. Explanation.- For the purposes of this section,- (a)\t“company” means any body corporate and includes a firm or other association of individual, and (b)\t“director”, in relation to a firm, means partner in the firm.",
"name": "Offences by companies",
"related_acts": "",
"section_id": 24
},
{
"act_id": 623,
"details": "22. Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (V of 1898),- (a)\tan offence punishable under this Ordinance shall be non-cognizable; (b)\tno Court other than a Drug Court shall try an offence punishable under this Ordinance; (c)\tno Drug Court shall take cognizance of an offence punishable under this Ordinance except on a report in writing made by the licensing authority or an officer authorised by him in this behalf.",
"name": "Cognizance of offences",
"related_acts": "75",
"section_id": 25
},
{
"act_id": 623,
"details": "23. (1) The Government may, by notification in the official Gazette establish as many Drug Courts as it considers necessary and where it establishes more than one Drug Court, shall specify in the notification the territorial limits within which each one of them shall exercise jurisdiction under this Ordinance. (2) A Drug Court shall consist of a person who is or has been a Sessions Judge and he shall be appointed by the Government. (3) A Drug Court shall sit at such place as the Government may direct. (4) A Drug Court may pass any sentence authorised by this Ordinance and shall have all the powers conferred by the Code of Criminal Procedure, 1898 (V of 1898), on a Court of Session exercising original jurisdiction. (5) A Drug Court shall not, merely by reason of a change in its composition, be bound to recall and rehear any witness who has given evidence, and may act on the evidence already recorded by or produced before it. (6) A Drug Court shall, in all matters with respect to which no procedure has been prescribed by this Ordinance, follow the procedure prescribed by the Code of Criminal Procedure, 1898 (V of 1898), for the trial of summons cases by Magistrates. (7) A Drug Court may, on application in this behalf being made by the prosecution, try an offence under this Ordinance summarily in accordance with the provisions contained in sections 262 to 265 of the Code of Criminal Procedure, 1898 (V of 1898). (8) An appeal from the judgment of a Drug Court shall lie to the High Court Division.",
"name": "Drug Courts",
"related_acts": "75,75,75",
"section_id": 26
},
{
"act_id": 623,
"details": "24. (1) The Government shall constitute a National Drug Advisory Council consisting of a Chairman and such other members as it may appoint from time to time. (2) The Council shall advise the Government on- (a)\tmeasures to be adopted for the implementation of the national drug policy that may be adopted by the Government from time to time; (b)\tmeasures for the promotion of local pharmaceutical industries and production and supply of essential drugs for meeting the needs of the country; (c)\tmatters relating to the import of drugs and pharmaceutical raw materials; (d)\tmeasures for the co-ordination of the activities of the various Ministries, agencies and persons dealing with manufacture, import, distribution and sale of drugs.",
"name": "National Drug Advisory Council",
"related_acts": "",
"section_id": 27
},
{
"act_id": 623,
"details": "25. The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 28
}
],
"text": "An Ordinance to control manufacture, import, distribution and sale of drugs. WHEREAS it is expedient to control manufacture, import, distribution and sale of drugs; NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the Chief Martial Law Administrator is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 624,
"lower_text": [
"1 Clause (f) was substituted by section 2 of the Standards of Weights and Measures (Amendment) Act, 2001 (Act No. VI of 2001)",
"2 Clauses (l) and (m) were substituted by section 2 of the Standards of Weights and Measures (Amendment) Act, 2001 (Act No. VI of 2001)",
"3 Sub-clause (ii) was substituted by section 3 of the Standards of Weights and Measures (Amendment) Act, 2001 (Act No. VI of 2001).",
"4 Section14 was substituted by section 4 of the Standards of Weights and Measures (Amendment) Act, 2001 (Act No. VI of 2001)",
"5 The word “Institution” was substituted for the word “Government” by section 5 of the Standards of Weights and Measures (Amendment) Act, 2001 (Act No. VI of 2001)",
"6 The word “Institution” was substituted for the word “Government” by section 5 of the Standards of Weights and Measures (Amendment) Act, 2001 (Act No. VI of 2001)",
"7 The words “Director-General” were substituted for the word “Director” by section 6 of the Standards of Weights and Measures (Amendment) Act, 2001 (Act No. VI of 2001)",
"8 The words “three thousand Taka” were substituted for the words “one thousand Taka” by section 7 of the Standards of Weights and Measures (Amendment) Act, 2001 (Act No. VI of 2001).",
"9 The words “ten thousand Taka” were substituted for the words “two thousand Taka” by section 8 of the Standards of weights and Measures (Amendment) Act, 2001 (Act No. VI of 2001).",
"10 The words “five thousand Taka” were substituted for the words “two thousand Taka” by section 9 of the Standards of weights and Measures (Amendment) Act, 2001 (Act No. VI of 2001).",
"11 The words and commas “two years, or with fine which may extend to fifteen thousand Taka, or with both, and, for the second or subsequent offence, with imprisonment for a term which may extend to three years and also with fine” were substituted for the words and commas “two years, and, for the second or subsequent offence, with imprisonment for a term which may extend to three years” by section 10 of the Standards of Weights and Measures (Amendment) Act, 2001 (Act No. VI of 2001).",
"12 The word and figure “section 19” were substituted for the word and figure “section 10” by section 11 of the Standards of Weights and Measures (Amendment) Act, 2001 (Act No. VI of 2001).",
"13 The words “five thousand Taka” were substituted for the words “one thousand Taka” by section 11 of the Standards of Weights and Measures (Amendment) Act, 2001 (Act No. VI of 2001).",
"14 The words “ten thousand Taka” were substituted for the words “five thousand Taka” by section 12 of the Standards of Weights and Measures (Amendment) Act, 2001 (Act No. VI of 2001)",
"15 The words “five thousand Taka” were substituted for the words “one thousand Taka” by section 13 of the Standards of Weights and Measures (Amendment) Act, 2001 (Act No. VI of 2001).",
"16 The words “ten thousand Taka” were substituted for the words “five thousand Taka” by section 14 of the Standards of Weights and Measures (Amendment) Act, 2001 (Act No. VI of 2001)",
"17 The words “ten thousand Taka” were substituted for the words “five thousand Taka” by section 15 of the Standards of Weights and Measures (Amendment) Act, 2001 (Act No. VI of 2001)",
"18 The words and figures “section 31 and 58 ” were substituted for the word and figure “section 58” by section 16 of the Standards of Weights and Measures (Amendment) Act, 2001 (Act No. VI of 2001)",
"19 The words and figures “section 31 or 58 ” were substituted for the word and figure “section 58” by section 16 of the Standards of Weights and Measures (Amendment) Act, 2001 (Act No. VI of 2001).",
"20 The words “five thousand Taka” were substituted for the words “two thousand Taka” by section 16 of the Standards of Weights and Measures (Amendment) Act, 2001 (Act No. VI of 2001).",
"21 Section 46A was inserted by section 17 of the Standards of weights and Measures (Amendment) Act, 2001 (Act No. VI of 2001)",
"22 The words “five thousand Taka” were substituted for the words “two thousand Taka” by section 18 of the Standards of Weights and Measures (Amendment) Act, 2001 (Act No. VI of 2001)",
"23 The words “five thousand Taka” were substituted for the words “one thousand Taka” by section 19 of the Standards of Weights and Measures (Amendment) Act, 2001 (Act No. VI of 2001).",
"24 The words “five thousand Taka” were substituted for the words “two thousand Taka” by section 19 of the Standards of Weights and Measures (Amendment) Act, 2001 (Act No. VI of 2001).",
"25 The words “by the Institution” were substituted for the words “by the Government” by section 20 of the Standards of Weights and Measures (Amendment) Act, 2001 (Act No. VI of 2001)",
"26 The words, figure and letter “section 46 or section 46A” were substituted for the words and figures “or section 46 ” by section 20 of the Standards of Weights and Measures (Amendment) Act, 2001 (Act No. VI of 2001)",
"27 Section 53A was inserted by section 22 of the Standards of Weights and Measures (Amendment) Act, 2001 (Act No. VI of 2001)",
"28 The word, figure and letter “section 46A” were inserted by section 21 of the Standards of Weights and Measures (Amendment) Act, 2001 (Act No. VI of 2001)",
"29 The words “to the Institution” were substituted for the words “to the Government” by section 21 of the Standards of Weights and Measures (Amendment) Act, 2001 (Act No. VI of 2001)",
"30 Sub-section (1) was substituted by section 23 of the Standards of Weights and Measures (Amendment) Act, 2001 (Act No. VI of 2001)"
],
"name": "The Standards of Weights and Measures Ordinance, 1982",
"num_of_sections": 67,
"published_date": "26th June, 1982",
"related_act": [
10,
75,
624,
241,
689,
242,
243,
244,
245,
246
],
"repelled": true,
"sections": [
{
"act_id": 624,
"details": "1. (1) This Ordinance may be called the Standards of Weights and Measures Ordinance, 1982. (2) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint; and different dates may be appointed for different- (a) provisions of this Ordinance, (b) areas, (c) classes of goods, (d) classes of undertakings, (e) classes of weights and measures, or (f) classes of users of weights and measures, and any reference in any such provision to the commencement of this Ordinance shall be construed as a reference to the coming into force of that provision in such areas, or in respect of such classes of undertakings, goods, weights and measures or users of weights and measures in relation to which this Ordinance has been brought into force.",
"name": "Short title and commencement",
"related_acts": "624",
"section_id": 1
},
{
"act_id": 624,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“authorised person” means a person authorised by the Government to exercise or perform any specific power or duty under this Ordinance. (b)\t“calibration” means all the operation which are necessary for the purpose of determining the values of the errors of a weight or measure and, if necessary, to determine the other metrological properties of such weight or measure, and includes the actual fixing of the positions of the gauge marks or scale marks of a weight or measure, or in some cases, of certain principal marks only, in relation to the corresponding values of the quantity to be measured; Explanation. Calibration may also be carried out with a view to permitting the use of a weight or measure as a standard; (c)\t“commercial weight or measure” means weight or measure purporting to be a standard of weight or measure used in any transaction for trade or commerce; (d) “commodity in packaged form” means commodity packaged, whether in any bottle, in wrapper or otherwise, in units suitable for sale, whether wholesale or retail; (e) “dealer”, in relation to any weight or measure, means a person who, or a firm or a family which, carries on directly or otherwise, the business of buying, selling, supplying or distributing any such weight or measures, whether for cash or for deferred payment or for commission, remuneration or other valuable consideration, and includes- (i)\ta commission agent who carries on such business on behalf of any principal; (ii) an importer sells, supplies, distributes or otherwise delivers any weight or measure to any user, manufacturer, repairer, consumer or any other person, but does not include a manufacturer who sells, supplies, distributes or otherwise delivers any weight or measures to any person or category of persons referred to in this clause; Explanation. For the removal of doubts, it is hereby declared that a manufacturer, who sells, supplies, distributes or otherwise delivers any weight or measure to any person other than a dealer, shall be deemed to be a dealer; 1(f) “Director-General” means the Director-General of the Bangladesh Standards and Testing Institution established under the Bangladesh Standards and Testing Institution Ordinance, 1985 (XXXVII of 1985); (g) “export”, with its grammatical variations and cognate expressions, means taking out of Bangladesh to a place outside Bangladesh; (h)\t“false package” means any package which does not conform to the provisions of this Ordinance or any rule or order made thereunder in relation to such package; (i)\t“false weight or measure” means any weight or measure which does not conform to the standards established by or under this Ordinance in relation to that weight or measure; (j)\t“General Conference on Weights and Measures” means the Conference General des Poids et Measures established under the Convention de Metre; (k) “import”, with its grammatical variations and cognate expressions, means bringing into Bangladesh from a place outside Bangladesh; 2(l)\t“Inspector” means an Inspector appointed under section 14, and shall include an Inspector appointed under section 25 of the Bangladesh Standards and Testing\tInstitution Ordinance, 1985 (XXXVII of 1985); (m)\t“Institution” means the Bangladesh Standards and Testing Institution established under the Bangladesh Standards and Testing Institution Ordinance, 1985 (XXXVII of 1985); (n) “International Bureau of Weights and Measures” means the Bureau International des Poids et Measures, established under the Convention de Metre, et Sevres in France; (o) “International Organisation of Legal Metrology” means the Organisation International de Metrologic Legale established under the Convention Instituant Une Organisation Internationale de Metrologic Legale; (p) “International prototype of the kilogram” means the prototype sanctioned by the First General Conference on Weights and Measures held in Paris in 1889, and deposited at the International Bureau of Weights and Measures; (q) “label” means any written, marked, stamped, printed or graphic matter affixed to, or appearing upon, any commodity or package containing any commodity; (r)\t“manufacturer”, in relation to any weight or measure, means a person who, or a firm or a family which,- (i) makes or manufactures such weight or measure; (ii) makes or manufactures one or more parts, and acquires the other parts, of such weight or measure and, after assembling those parts, claims the end product to be a weight or measure manufactured by himself or itself, as the case may be; (iii)\tdoes not make or manufacture any part of such weight or measure but assembles parts thereof made or manufactured by others and claims the end product to be a weight or measure manufactured by himself or itself, as the case may be; (iv) puts, or causes to be put, his own mark on any complete weight or measure made or manufactured by any other person and claims such product to be a weight or measure made or manufactured by himself or itself, as the case may be; Explanation. where any manufacturer despatches any weight or measure or any part thereof to any branch office maintained by him or it, such branch office shall not be deemed to be a manufacturer even though the parts so despatched to it are assembled at such branch office; (s) “mass” means the quantity of a matter and, while on the surface of the earth, is synonymous to, and may, for the purpose of this Ordinance, be expressed by, weight; (t) “normal atmospheric pressure” means the pressure exercised by 1,01.325 newtons per square metre, a newton being the force which imparts to a mass of one kilogram an acceleration of one metre per second per second; (u) “person” includes- (i) \tevery department or office; (ii) \tevery organisation established or constituted by the Government; (iii) \tevery local authority; (iv) \tevery co operative society; (v) every other society registered under the Societies Registration Act, 1860 (XXI of 1860); (v)\t“premises” includes (i) \ta place where any business, industry, production or trade is carried on by a person, whether by himself or through an agent, by whatever name called; (ii)\ta warehouse, godown or other place where any weight, measure or other goods are stored or exhibited; (iii)\ta place where any book of accounts or other documents pertaining to any trade or transaction are kept; (iv)\ta dwelling house, if any part thereof is used for the purpose of carrying on any business, industry, production or trade; Explanation. For the purpose of this clause, “place” includes a vehicle or vessel or any other mobile device, with the help of which any trade or business is carried on, and also includes any measuring instrument mounted on a vehicle, vessel or other mobile device; (w) \t“prescribed” means prescribed by rules made under this Ordinance; (x) \t“reference standard” means the set of standard weight or measure which is made or manufactured by or on behalf of the Government for the verification of any secondary standard; (y)\t“repairer” includes a person who adjusts, cleans, lubricates or paints any weight or measure or renders any other service to such weight or measure to ensure that such weight or measure conforms to the standard established by or under this Ordinance; (z)\t“sale”, with its grammatical variations and cognate expressions, means transfer of property in any weight, measure or other goods by one person to another for cash or for deferred payment or for any other valuable consideration, and includes a transfer of any weight, measure or other goods on hire purchase system of payment by instalments, but does not include a mortgage or hypothecation of, or a charge or pledge on, such weight, measure or other goods; (za)\t“seal” means a device or process by which a stamp is made, and includes any wire or other accessory which is used for ensuring the integrity of any stamp; (zb) \t“secondary standard” means the set of standard weight or measure which is made or manufactured by or on behalf of the Government for the verification of' any working standard; (zc)\t“stamp” means a mark, which is made on, or in relation to, any weight or measure with a view to- (i)\tcertifying that such weight or measure conforms to the standard specified by or under this Ordinance, or (ii)\tindicating that any mark which was previously made thereon certifying that such weight or measure conforms to the standards specified by or under this Ordinance, has been obliterated; Explanation. A stamp may be made by impressing, casting, engraving, etching, branding or any other process; (zd) “trade”, with its grammatical variations, means any sale, bargain transaction, dealing or contract and includes collection of tolls and duties; (ze) “transaction” means- (i)\tany contract, whether for sale, purchase, exchange or any other purpose, or (ii)\tany assessment of royalty, toll, duty or other dues, or (iii)\tthe assessment of any work done, wages due or services rendered; (zf) “unverified weight or measure” means a weight or measure which, being required to be verified and stamped under this Ordinance, has not been so verified and stamped; (zg)\t“verification”, with its grammatical variations and cognate expressions, includes, in relation to any weight or measure, the process of comparing, checking, testing or adjusting such weight or measure with a view to ensuring that such weight or measure conforms to the standards established by or under this Ordinance and also includes re verification and calibration; (zh) “weighing or measuring instrument” means any object, instrument, apparatus or device, or any combination thereof which is, or is intended to be, used, exclusively or additionally, for the purpose of making any weighment or measurement, and includes any appliance, accessory or part associated with any such object, instrument, apparatus or device; (zi)\t“weight or measure” means a weight or measure specified by or under this Ordinance, and includes a weighing or measuring instrument; (zj) “working standard” means the set of standard weight or measure which is made or manufactured by or on behalf of the Government for the verification of any standard weight or measure, other than a national prototype or national reference or secondary standard.",
"name": "Definitions",
"related_acts": "689,689,10",
"section_id": 2
},
{
"act_id": 624,
"details": "3. The provisions of this Ordinance shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Ordinance or in any instrument having effect by virtue of any enactment other than this Ordinance.",
"name": "Provisions of the Ordinance to override the provisions of any other law",
"related_acts": "",
"section_id": 3
},
{
"act_id": 624,
"details": "4. (1) The units of weights and measures to be used throughout Bangladesh shall be units known as system international (SI) units. (2) For the purpose of sub section (1), the international system of units as recommended by the General Conference on Weights and Measures, and such additional units as may be recommended by the International Organisation of Legal Metrology shall be the units of the metric system or international system. (3) The base units shall be as under- (a) kilogram- (i) the base unit of mass shall be the kilogram; (ii) \tthe “kilogram” is the unit of mass; it is equal to the mass of the international prototype of the kilogram; (b)\tmetre- (i) the base unit of length shall be the metre; 3(ii) \tthe “metre” is the length of the path travelled by light in vacuum during a time interval of 1/299 792 458 of a second; (c)\tsecond- (i)\tthe base unit of time shall be a second; (ii)\ta “second” is the duration of 9 192 631 770 periods of the radiation corresponding to the transition between the two hyperfine levels of the ground state of the caesium 133 atom; (d)\tampere- (i) \tthe base unit of electric current shall be the ampere; (ii) the “ampere” is that constant current which, if maintained in two straight paralled conductors of infinite length, of negligible circular cross section, and placed one metre apart in vacuum, would produce between these conductors a force equal to 2 ├ù10 7┬¼ newton per metre of length; (e)\tkelvin- (i)\tthe base unit of thermodynamic temperature shall be the kelvin; (ii)\tthe “kelvin” is the fraction 1/273.16 of the thermodynamic temperature of the triple point of water; Note- (i)\tThe unit kelvin and its symbol k will be used to express on interval or a difference of temperature: (ii)\tIn addition to the thermodynamic temperature (symbol t) expressed in kelvins use is also made of Celsius temperature (symbol t) defined by the equation t=T=To where To-273.15 k by definition. The Celsius temperature is in general expressed in “degrees Celsius” (symbol o C). The unit “degree Celsius” is thus equal to the unit “kelvin” and an interval or a difference of Celsius temperature may also be expressed in degrees Celsius: (f)\tcandela- (i)\tthe base unit of lumirous intensity shall be the candela; (ii) the “candela” is the luminous intensity in the perpendicular direction, of a surface of 1/600 000 square metre of a black body at the temperature of freezing platinum under a pressure of 101 325 newtons per square metre; (g) mole- (i)\tthe base unit of amount of substance shall be the mole; (ii)\tthe “mole” is the amount of substance of system which contains as many elementary entities as there are atoms in 0.012 kilogram of carbon 12. Note.- When the mole is used, the elementary entities shall be specified and may be atoms, molecules, ions, electrons, other particle, or specified groups of such particles.",
"name": "Base units of System International",
"related_acts": "",
"section_id": 4
},
{
"act_id": 624,
"details": "5. (1) The Government may, by notification in the official Gazette, from time to time, vary, alter or adjust the base units of weights and measures and may, in relation to such units, specify such supplementary, derived, or other units or standard symbols or definitions as the General Conference on Weights and Measures or the International Organisation of Legal Metrology may recommend. Explanation.- For the purpose of this sub-section, “derived unit” shall mean a unit which is derived from the base or supplementary units or both. (2) The Government may specify such multiples and sub-multiples of, and physical constants and ratios of co-efficients in relation to such units of weight or measure as the General Conference on Weights and Measures or the International Organization of Legal Metrology may recommend. (3) The Government may, by notification in the official Gazette, declare, for such period as it may consider necessary, such special units of weight or measure as the General Conference on Weights and Measures or the International Organisation of Legal Metrology may recommend.",
"name": "Supplementary, derived, special and other units of weight or measure, etc",
"related_acts": "",
"section_id": 5
},
{
"act_id": 624,
"details": "6. (1) The Government shall cause to be prepared a national prototype of the kilogram and shall cause the same to be certified in terms of the international prototype of kilogram and shall deposit the same in such place and in such condition as it may think fit. (2) The Government shall cause to be prepared a national prototype of the metre and shall cause the same to be certified by the International Bureau of Weights and Measures and shall deposit the same at such place and in such custody as it may think fit. (3) The other national prototypes of weights and measures shall also be kept at such place and in such custody as may be specified by the authorised person who shall cause them to be verified and certified before they are deposited and at intervals of not more than ten years thereafter.",
"name": "National prototype of primary units.",
"related_acts": "",
"section_id": 6
},
{
"act_id": 624,
"details": "7. The Government may, by notification in the official Gazette, declare the magnitude and denomination of such units of measure as it deems fit to be the secondary units of measure under this Ordinance: Provided that every such secondary unit except that of time shall be an integral positive or negative power of ten of the relevant primary unit.",
"name": "Secondary units of measures",
"related_acts": "",
"section_id": 7
},
{
"act_id": 624,
"details": "8. (1) The units of weights and measures referred to in sections 4 and 6 and the secondary units of measures declared under section 7 shall be the standard of weights and measures. (2) The weight at any place of the primary unit of mass referred to in sub section (3) (a) of section 4 shall be the standard unit of weight at that place. (3) No weight, measure or numeral, other than the standard weight, measure or numeral, shall be a standard weight, measure or numeral. (4) No weight or measure shall be made or manufactured unless it conforms to the standards of weight or measure established by or under this Ordinance: Provided that the Government may permit the making or manufacturing of any weight or measure which does not conform to the standards established by or under this Ordinance, if such weight or measure is made or manufactured exclusively for the purpose of export and is made or manufactured under such conditions and restrictions as may be laid down by the Government. (5) No weight, measure or other goods shall bear thereon any inscription or indication of weight, measure or number except in accordance with the standard unit of such weight measure or numeration established by or under this Ordinance: Provided that in relation to any weight, measure or other goods which are exported, inscription or indication thereon of any weight, measure or number may also be made in accordance with any other system of weight, measure or numeration if such inscription or indication is demanded by the person to whom the export is to be made.",
"name": "Standard of weights and measures",
"related_acts": "",
"section_id": 8
},
{
"act_id": 624,
"details": "9. (1) The value expressed in terms of any unit of weight or measure other than the standard unit of weight or measure may be converted into the value expressed in terms of the appropriate standard of measure at the rate specified in the Schedule. (2) All references in any enactment or in any notification, rule or order made under any enactment for the time being in force, or in any contract, deed or other instrument to a value expressed in terms of any unit of weight, measure or numeration other than that of a standard unit of weight, measure or numeration shall be construed as references to that value expressed in terms of standard units of weight, measure or numeration, as the case may be, converted at the rates specified in the Schedule. (3) The Government may, by notification in the official Gazette, specify the rates at which the value expressed in terms of any weight or measure other than those referred to in sub section (1) may be converted into the value expressed in terms of the standard of weights and measures. (4) Where in any transaction the value expressed in terms of any weight or measure is required to be converted into the value expressed in terms of the standard of measure under this section, the calculation, for the purposes of such transaction, shall be made in such manner as may be prescribed.",
"name": "Conversion of existing weights and measures into standard measures",
"related_acts": "",
"section_id": 9
},
{
"act_id": 624,
"details": "10. (1) The Government shall cause to be prepared as many sets of such standards of measure specified in sub section (1) of section 8 or multiples or sub multiples thereof, to be called reference standards, as it may consider expedient and shall cause the measure of each such set to be authenticated as having been ascertained from the primary units of measure. (2) The reference standards shall be kept in such place and in such condition as may be specified by the authorised person.",
"name": "Reference Standard",
"related_acts": "",
"section_id": 10
},
{
"act_id": 624,
"details": "11. (1) For the purpose of verifying the correctness of the working standards, the Government may cause to be prepared as many sets of standard weights and standard measures, to be called secondary standards, as it may consider expedient and shall cause each such set to be authenticated as having been verified with the reference standards. (2) The Secondary standards shall be kept in such places and in such conditions as may be specified by the authorised person who shall cause them to be verified with the reference standards at least once in every five years and marked with the date of such verification.",
"name": "Secondary Standards",
"related_acts": "",
"section_id": 11
},
{
"act_id": 624,
"details": "12. (1) For the purpose of verifying the correctness of commercial weights and measures, the Government may cause to be prepared as many sets of standard weights and measures, to be called working standards, as it may consider expedient and shall cause each such set to be authenticated as having been verified with the secondary standards:\tWorking Standards Provided that the working standards in respect of bullion and precious stones shall be verified with the reference standards. (2) The working standards shall be kept in such place and in such condition as may be specified by the authorised persons who shall cause them to be verified with the secondary standards or reference standards, as the case may be, at such intervals and in such manner as may be specified by him and to be marked with the date of such verification. (3) A working standard which has not been verified at any interval specified therefore shall not, after the expiry of the day closing the interval, be used until it has been verified and marked with the date of verification.",
"name": "Working Standards",
"related_acts": "",
"section_id": 12
},
{
"act_id": 624,
"details": "13. (1) For the purpose of verifying the correctness of the weighing instruments and measuring instruments used in trade or commerce, the Government may cause to be prepared as many sets of standard weighing instruments and standard measuring instruments as it may consider expedient and the correctness of such instrument shall be verified, and the date of such verification shall be marked, in such manner as may be specified by the authorised person. (2) The standard weighing instruments and standard measuring instruments shall be kept at all places where the secondary standards or working standards are kept.",
"name": "Standard weighing and measuring instruments",
"related_acts": "",
"section_id": 13
},
{
"act_id": 624,
"details": "414. (1) The Institution may, with the approval of the Government, appoint as many Directors, Deputy Directors, Assistant Directors, Senior Examiners, Examiners, and Inspectors for weights and measures as it may deem fit. (2) Subject to the provisions of this Ordinance and the rules made thereunder, all Directors, Deputy Directors, Assistant Directors, Senior Examiners, Examiners, and Inspectors shall perform their duty under the General Superintendence and control of the Director-General. (3) The Directors, Deputy Directors, Assistant Directors, Senior Examiners and Examiners may, in addition to the powers and duties conferred or imposed on them by or under this Ordinance, exercise any powers or discharge any duties so conferred or imposed on an Inspector. (4) The Government shall, by general or special order, define the local limits within which each Inspector or any other officer appointed under sub-section (1) shall exercise the powers and discharge the duties conferred or imposed on him by or under this Ordinance. (5) The Director-General, every Director, Deputy Director, Assistant Director, Senior Examiner, Examiner, Inspector, and every other officer duly authorised by or under this Ordinance to perform any duty shall be deemed to be a public servant within the meaning of section 21 of the Penal Code (Act XLV of 1860).",
"name": "",
"related_acts": "",
"section_id": 14
},
{
"act_id": 624,
"details": "15. An Inspector shall, at such place within his jurisdiction and at such time as the authorised person may direct, verify a weight, measure, weighing instrument or measuring instrument brought to him for the purpose and shall, if he finds it correct and in conformity with this Ordinance and the rules made thereunder, stamp it with a stamp of verification in such manner as the Government may specify.",
"name": "Verification and stamping by Inspectors",
"related_acts": "",
"section_id": 15
},
{
"act_id": 624,
"details": "16. (1) The authorised person may at any reasonable time, inspect and verify with a secondary standard or a working standard or, as the case may be, with a weighing instrument or a measuring instrument prescribed for the purpose, any weight, measures, weighing instrument or measuring instrument which is used in any transaction of trade or commerce or is in possession of any person or is found on any premises for such use, and may, for the purpose of such inspection and verification enter into or upon any place of premises and require any trader or any employee or agent of a trader to produce before him, or, in case of non compliance with the requirement, search for, any weight measure, weighing instrument or measuring instrument or any document or record relating thereto. (2) For the purpose of verifying any weight, measure, weighing instrument or measuring instrument under sub section (1), the authorised person may verify or cause to be verified the weight or measure of any article sold or delivered in the course of any transaction of trade or commerce. (3) Where any weight, measure, weighing instrument or measuring instrument or any other article in relation to which trade or commerce has taken place or is intended to take place is inspected and verified under sub section (1) and is not found to be what is purports to be, the authorised person may seize or detain the same. (4) Where any article seized under sub section (3) are subject to speedy or natural decay, the authorised person may dispose of such article in such manner as may be specified by the Government. (5) Every search or seizure made shall be carried out in accordance with the provisions of the Code of Criminal Procedure, 1898 (Act V of 1898), relating to searches and seizures made under that Code. (6) Every false or unverified weight or measure or article seized under sub-section (3) shall be liable to be forfeited to the 5Institution: Provided that an unverified weight or measure shall not be forfeited to the 6Institution if the person from whom such weight or measure was seized gets the same verified and stamped within such times as may be prescribed.",
"name": "Power to inspect and verify weights and measures",
"related_acts": "75",
"section_id": 16
},
{
"act_id": 624,
"details": "17. (1) Where the authorised person or an Inspector has reason to believe that a sealed package or container intended for sale does not contain the net weight or measure of the article which it purports to contain, the authorised person or, as the case may be, the Inspector may break open the package or container and verify the weight or measure of its contents and may, for the purpose of such verification, enter into or upon any place of premises and require the trader concerned or any employee or agent of the trader to produce before him the package or container which is to be so verified. (2) Where, upon verification under sub section (1), the net weight or measure of the contents is found to be the same as the package or container purports to contain, the authorised person or, as the case may be, the Inspector shall re seal the package or container where it is possible to do so without injuring the contents, and attach thereto a certificate stating the correct weight or measure of the contents. (3) Where the net weight or measure of the contents verified under sub-section (1) is not found to be the same as the package or container purports to contain, the authorised person or, as the case may be, the Inspector may seize or detain the package or container and its contents.",
"name": "Power to inspect and verify the contents of sealed packages and containers",
"related_acts": "",
"section_id": 17
},
{
"act_id": 624,
"details": "18. The authorised person may, if he considers it desirable that in any area, a weight, measure, weighing instrument or measuring instrument should be adjusted, require an Inspector to adjust, in such manner as he may direct, such weight, measure, weighing instrument or measuring instrument and the Inspector shall adjust it accordingly.",
"name": "Power to adjust weights and measures",
"related_acts": "",
"section_id": 18
},
{
"act_id": 624,
"details": "19. Every manufacturer, repairer or dealer in weights, measures, or weighing and measuring instruments, and every person using them in transactions of trade or commence shall maintain such record and accounts as may be specified by the Government and, if required so to do by the authorised person, shall produce such records and accounts before him.",
"name": "Manufacturers, etc., to maintain records and documents",
"related_acts": "",
"section_id": 19
},
{
"act_id": 624,
"details": "20. (1) Save as otherwise provided in this section, this Chapter shall not apply to- (a) any weight or measure which, being subject to verification and stamping under the law as in force immediately before the commencement of this Ordinance, is in use at such commencement; (b) \tany cast iron, brass, bullion or carat weight or any beam scale, except those prescribed by rules made in this behalf; (c) \tlength measures (not being measuring tapes) ordinarily used in retail trade for measuring textile or timber; (d) \tcapacity measures which are ordinarily used in retail trade for measuring kerosene, milk or portable liquors. (2) Where any officer of the Government charged with the duty of implementing the law relating to weights and measures has any reason to believe that the model of any weight or measure referred to in sub section (1) requires a test by the authorised person, he may obtain one such weight or measure from the market and forward it to the authorised person for test, the fees for which shall be payable by the Government. (3) Every person shall, before making or manufacturing any weight or measure to which this Chapter applies, submit for approval to the authorised person, such number of models, drawings and other information relating to such weight or measure as may be specified by the authorised person: Provided that in relation to any weight or measure which has already been made or manufactured, or which is in the process of being made or manufactured, models of such weight or measure shall be submitted to the authorised person from out of the weights or measures which have already been, or are in the process of being, made or manufactured: Provided further that in the case of a weight or measure the model whereof cannot be submitted, whether by reason of its nature or otherwise, it shall be sufficient if the drawings and other specified information about the weight or measure is submitted to the authorised person and thereupon the authorised person shall test the models of such weight or measure at the place where it is made or manufactured or at such other place as may be specified by the Government. (4) The authorised person may levy and collect from the maker of manufacturer such fees for the testing of any model, submitted under this section for approval, as may be fixed by the Government. (5) The authorised person shall test the models submitted to him with a view to- (a) ascertaining whether such models conform to the standards established by or under this Ordinance; (b) finding out the ability of such models to maintain accuracy over periods of sustained use; and (c) \tdetermining the performance of such models under such varied conditions as may be specified by the 7Director-General. (6) The authorised person may, if he is satisfied after considering the report that the aforesaid model is in conformity with the provisions of this Ordinance or any rule made thereunder and is likely to maintain accuracy over periods of sustained use and to render accurate service under varied conditions, issue a certificate of approval in respect of that model. (7) Every certificate of approval of a model may either be published in the official Gazette or in such other manner as the Government may direct. (8) The authorised person may, if he is satisfied that the product made or manufactured in accordance with the model which was approved by him has failed to render the expected performance or to conform to the standards established by or under this Ordinance, revoke the certificate of approval issued by him under sub section (6): Provided that no such revocation shall be made except after giving the maker or manufacturer of such weight or measure a reasonable opportunity of being heard: Provided further that where the authorised person is satisfied that as a result of the alteration made by the maker or manufacturer in the model of the weight or measure, such model has become fit for approval, he may vacate the order of revocation of the certificate of approval issued by him. (9) If for any reason any material of the approved model of a weight or measure becomes non available in Bangladesh, the manufacturer may continue the manufacture of such weight or measure with such substitute materials as may be, in his opinion, most suitable for the manufacture of such weight or measure, but where the manufacturer does so, he shall send such substitute materials to the authorised person for test. (10) If the authorised person is of opinion that the substitute material referred to in sub section (9) is not suitable and that there is available in Bangladesh any other material which is more suitable, the authorised person shall intimate his findings to the manufacturer, and thereupon the manufacturer shall not manufacture the weight or measure with any material other than the material recommended by the authorised person, until the material which was originally approved by the authorised person becomes available in Bangladesh: Provided that where, in the opinion of the authorised person, the substitute material referred to in sub section (9) is not suitable and no other suitable material is also available in Bangladesh, the approval in relation to the model shall stand suspended until a suitable material becomes available in Bangladesh. (11) Where the model of any weight or measure has been approved, the models of different denominations of such weight or measure shall not require any approval if such denominations are manufactured in accordance with the principles according to which, and the materials with which, the approved model has been manufactured.",
"name": "Approval of models",
"related_acts": "",
"section_id": 20
},
{
"act_id": 624,
"details": "21. (1) Before issuing a licence to make or manufacture any weight or measure to which this Chapter applies, the Government or any person authorised by it in this behalf shall satisfy itself or himself, as the case may be, that a certificate of approval of the model of such weight or measure has been granted under section 20. (2) Where any certificate of approval of any model has been revoked by the authorised person, the licence issued for making or manufacturing of any weight or measure in accordance with such model shall stand suspended: Provided that such suspension shall stand vacated if such model is subsequently approved by the authorised person.",
"name": "Licence to manufacture weights and measures",
"related_acts": "",
"section_id": 21
},
{
"act_id": 624,
"details": "22. Every weight or measure for which a model has been approved shall bear thereon, in such manner as may be specified by the Government, the number of the approved model and the number of the certificate by or under which such model was approved: Provided that where the Government is of opinion that inclusion of any such particulars on any weight or measure is not possible by reason of its size or nature, it may exempt the inclusion of such particulars on such weight of measure.",
"name": "Weights and measures to contain the number of the approved model, etc.",
"related_acts": "",
"section_id": 22
},
{
"act_id": 624,
"details": "23. (1) No person shall- (a)\tmake, manufacture, pack, sell, or cause to be packed or sold, or (b)\tdistribute, deliver, or cause to be distributed or delivered, or (c)\toffer, expose or possess for sale, any commodity in packaged form unless such package bears thereon or on a label securely attached thereto a definite, plain and conspicuous declaration, made in the specified manner, of ¬ (i) \tthe identity of the commodity in the package; (ii)\tthe net quantity, in terms of the standard unit of weight or measure, of the commodity in the package; (iii) the accurate number of the commodity contained in the package, if the commodity is packed or sold by number; and (iv) the sale price of the package. (2) Every package referred to in sub section (1) shall bear thereon the name of manufacturer and also of the packer or distributor. (3) Where the package of a commodity or the label thereon bears a representation as to the number of servings of the commodity contained therein, such package or label shall also bear a statement of the net quantity (in terms of weight, measure or number) of each such serving. (4) The statement on a package or label as to the net weight, measure or number of the contents thereof shall not include any expression which tends to qualify such weight, measure or number. (5) Where the Government has reason to believe that there is undue proliferation of weight, measure or number in which any commodity is, or reasonable comparable commodities are, being packed for sale, distribution or delivery and such undue proliferation impairs, in the opinion of the Government, the reasonable ability of the consumer to make a comparative assessment of the prices after considering the net quantity or number of such commodity, the Government may direct the manufacturers and also the packers or distributors to sell, distribute or deliver such commodity in such standard quantities or numbers as it may specify. (6) Whenever the retail price of a commodity in packaged form is stated in any advertisement, there shall be included in the advertisement a conspicuous declaration as to the net quantity or number of the commodity contained in the package and retail unit sale price thereof. (7) No person shall sell, distribute or deliver for sale a package containing a commodity which is filled less than the specified capacity of such package except where it is proved by such person that the package was so filled with a view to- (a) giving protection to the contents of such package, or (b) \tmeeting the requirements of machines used for enclosing the contents of such package. (8) The Government may specify such reasonable variations in the net contents of the commodity in a package as may be caused by the method of packing or the ordinary exposure which may be undergone by such commodity after it has been introduced in trade or commerce.",
"name": "",
"related_acts": "",
"section_id": 23
},
{
"act_id": 624,
"details": "24. (1) No person shall carry on the business of manufacturing, repairing or selling any commercial weight or measure or any weighing instrument or measuring instrument except in accordance with the provisions of a certificate granted under section 20. (2) No dealer or manufacturer shall export or import any weight or measure unless he is registered under this section as such exporter or importer, as the case may be. (3) Every person who intends to commence or continue business as an exporter or importer of any weight or measure shall make, within such time from the commencement of this Ordinance as may be prescribed an application for the inclusion of his name in the register to be maintained for the purpose. (4) The application referred to in sub section (3) shall be made to the authorised person and every such application shall be made in such form, in such manner and on payment of such fees, not exceeding one hundred Taka, as may be prescribed. (5) On receipt of an application referred to in sub section (3), the authorised person shall enter the name of the applicant in the register referred to in that sub section and issue to the applicant a certificate to the effect that his name has been so entered. (6) A certificate granted under sub section (5) shall be valid for the period specified therein and may be renewed, from time to time, for such further period as may be prescribed.",
"name": "Prohibition of the manufacture, etc. of weights and measures without licence",
"related_acts": "",
"section_id": 24
},
{
"act_id": 624,
"details": "25. (1) Subject to such conditions, limitations and restrictions as may be prescribed, the Government may allow the export of any weight or measure which has been made or manufactured exclusively for export with the previous permission of the Government notwithstanding that such weight or measure does not conform to the standards established by or under this Ordinance.\tConditions under which export of non standard weights and other goods may be allowed (2) Where any commodity in packaged form is exported and the person to whom such export is to be made so requires, the exporter may, in addition to specifying the net contents of such package in terms of the standard units of weight or measure established by or under this Ordinance, also specify the weight or the net contents thereof in terms of such units of weight or measure as may be specified by the person to whom such commodity is to be exported. (3) Notwithstanding anything contained elsewhere in this Ordinance, in relation to any goods which are exported,- (a) \tquotation of any price; (b) \tissue of any price list, invoice or cash memo; (c)\tindication of the weight or measure or number of net contents of any package on any label, carton or other thing; and (d) \texpression of any dimension, may be made in accordance with any other system of weight, measure or numeration if the person to whom the export is to be made so requires.",
"name": "Conditions under which export of non standard weights and other goods may be allowed",
"related_acts": "",
"section_id": 25
},
{
"act_id": 624,
"details": "26. (1) Save as otherwise provided in sub section (2), no weight or measure, whether singly or as a part or component of any machine or machinery, shall be imported unless it conforms to the standards of weight or measure established by or under this Ordinance. (2) Where any commodity, machinery or any part or component of any machineries imported from a country in which the metric system of weight or measure is not in force, or in which such system being in force, such commodity, machinery, part or component of any machinery has not been made or manufactured in accordance with such system, the importer shall before making such import, make an endeavour to obtain, on such commodity, machinery, part or component, and also on the drawing thereof, the weight or measurement thereof expressed in terms of the standard unit of weight or measure established by or under this Ordinance: Provided that where any weight or measure has not been expressed in terms of the standard unit of weight or measure established by or under this Ordinance, on any commodity, machinery, part or component or on any drawings thereof, the importer shall, within six months from the date of import, get the weight or measure thereof expressed on such commodity, machinery, part or component and on the drawings thereof in terms of the standard unit of weight or measures established by or under this Ordinance.",
"name": "Non metric weight or measure not to be imported",
"related_acts": "",
"section_id": 26
},
{
"act_id": 624,
"details": "27. (1) Notwithstanding anything contained in any other law for the time being in force or any custom or usage or practice, no unit or measure, other than standard weight or standard measure, shall, after the expiry of six months from the date on which this section has come into force in any area or in relation to any goods or undertaking, be used, except as permitted under sub section (2) in such area or in relation to such goods or undertaking in any transaction of trade or commerce or in any dealing or contract. (2) The Government may, by notification in the official Gazette, permit the continuance in use, in any area in which, or in relation to any class of goods or undertaking in respect of which, this section has come into force, of such weight or measure which was in use immediately before the date of such coming into force, for such period not exceeding three years from that date, as may be specified in the notification.",
"name": "Prohibition of use of weights and measures other than standard weights and measures",
"related_acts": "",
"section_id": 27
},
{
"act_id": 624,
"details": "28. Notwithstanding any custom, usage, practice or method of whatever nature to the contrary, no person shall demand or receive, or cause to be demanded or received, any quantity of goods or commodity in excess of, or less than, the quantity fixed by the contract or dealing in respect of such goods or commodity and determined in terms of a standard weight or standard measure.",
"name": "Prohibition of demanding or receiving a quantity different from that determined in terms of standard weight, etc.",
"related_acts": "",
"section_id": 28
},
{
"act_id": 624,
"details": "29. The Government may, by notification in the official Gazette, direct that no transaction, dealing or contract shall be made in such area, from such date, subject to such conditions and in respect of such trade or call of trades as may be specified therein except by weight only or except by measure only.",
"name": "Power to direct the use of weights only, or measures only, in certain areas",
"related_acts": "",
"section_id": 29
},
{
"act_id": 624,
"details": "30. No weight or measure shall be sold, delivered or in any manner used as a commercial weight or measure unless the description of the weight or measure which it purports to be is marked on it in the prescribed manner: Provided that where, in the case of any commercial weight or measure or any class thereof compliance with the requirement of this section is not, in the opinion of the Government, practicable, the Government may, by notification in the official Gazette, exempt such weight or measure or class from such requirement.",
"name": "Commercial weights and measures to bear mark of denomination",
"related_acts": "",
"section_id": 30
},
{
"act_id": 624,
"details": "31. (1) No commercial weight or measure or weighing instrument or measuring instrument shall be sold, delivered, used or possessed for use in any transaction of trade or commerce unless it has been verified and stamped in the prescribed manner: Provided that where, in the case of any commercial weight or measure or any class thereof, compliance with the requirement of this section is not, in the opinion of the Government, practicable, the Government may, by notification in the official Gazette, exempt such weight or measure or class from such requirement. (2) Where any commercial weight or measure or weighing instrument or measuring instrument- (a)\tis found in the possession of any trader or any employee or agent of any trader, such trader, employee or agent shall be presumed, until the contrary is proved, to have had it in his possession for use in transaction of trade or commerce; and (b)\tis used or possessed by any employee or agent or any trader on behalf of the trader, such trader shall, unless he proves that it was used or possessed by the employee or agent without his knowledge or consent, be also deemed to have used it or to have had it in his possession.",
"name": "Prohibition of sale, etc., of unstamped commercial weights and measures",
"related_acts": "",
"section_id": 31
},
{
"act_id": 624,
"details": "32. Whoever uses any weight or measure or makes any numeration otherwise than in accordance with the standards of weight or measure or the standards of numeration, as the case may be, established by or under this Ordinance, shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to 8three thousand Taka, and, for the second or subsequent offence, with imprisonment for a term which may extend to two years and also with fine.",
"name": "Penalty for use of non standard weights or measures",
"related_acts": "",
"section_id": 32
},
{
"act_id": 624,
"details": "33. Except where any weight or measure is made or manufactured, with the permission of the Government, exclusively for export, every person who makes or manufactures any weight or measure which does not conform to the standards of weight or measure established by or under this Ordinance, shall, where such offence is not punishable under any other law relating to weights and measures for the time being in force, be punished with imprisonment for a term which may extend to one year, or with fine which may extend to 9ten thousand Taka, or with both, and, for the second or subsequent offence, with imprisonment for a term which may extend to three years and also with fine.",
"name": "Penalty for contravention of section 8(4)",
"related_acts": "",
"section_id": 33
},
{
"act_id": 624,
"details": "34. Except where any weight or measure is made or manufactured with the permission of the Government exclusively for export, every person who makes or manufactures any weight or measure which bears thereon any inscription of weight, measure or number which does not conform to the standards of weight or measure established by or under this Ordinance, shall, where such offence is not punishable under any other law relating to weights and measures for the time being in force, be punished with imprisonment for a term which may extend to one year, or with fine which may extend to 10five thousand Taka, or with both, and, for the second or subsequent offence, with imprisonment for a term which may extend to three years and also with fine.",
"name": "Penalty for contravention of section 8(5)",
"related_acts": "",
"section_id": 34
},
{
"act_id": 624,
"details": "35. Whoever tempers with, or alters, in any way, any reference standard, secondary standard or working standard except such alteration is made for the correction of any error noticed therein on verification, shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to five thousand Taka, or with both.",
"name": "Penalty for contravention of sections 10, 11 and 12",
"related_acts": "",
"section_id": 35
},
{
"act_id": 624,
"details": "36. Whoever obstructs the authorised person in the exercise of his powers or discharge of his functions as authorised person, or with intent to prevent or deter the authorised person from exercising his powers or discharging his functions, or in consequence of any thing done or attempted to be done by the authorised person in the lawful exercise of his powers or discharge of his functions as such, shall be punished with imprisonment for a term which may extend to 11two years, or with fine which may extend to fifteen thousand Taka, or with both, and, for the second or subsequent offence, with imprisonment for a term which may extend to three years and also with fine.",
"name": "Penalty for contravention of section 16",
"related_acts": "",
"section_id": 36
},
{
"act_id": 624,
"details": "37. Whoever, being required by or under this Ordinance so to do, without any reasonable excuse, omits or fails to maintain any record or register, or being required by the authorised person, to produce any record or register for his inspection, omits or fails, without any reasonable excuse, so to do, shall be punished with fine which may extend to 13five thousand Taka, and, for the second or subsequent offence, with imprisonment for a term which may extend to six months and also with fine.",
"name": "Penalty for contravention of section 19",
"related_acts": "",
"section_id": 37
},
{
"act_id": 624,
"details": "38. Whoever, being required by section 20 to submit the model of any weight or measure for approval, omits or fails, without any reasonable excuse, so to do, shall be punished with fine which may extend to five thousand Taka, and, for the second or subsequent offence, with imprisonment for a term which may extend to three years and also with fine.",
"name": "Penalty for contravention of section 20",
"related_acts": "",
"section_id": 38
},
{
"act_id": 624,
"details": "39. (1) Whoever makes or manufactures any weight or measure which is, or is intended to be, sold, distributed, delivered or otherwise transferred in the course of trade or commerce, shall, unless a certificate of approval of the model of such weight or measure granted under section 20 is in force, be punished with imprisonment for a term which may extend to two years and shall also be liable to fine, and, for the second or subsequent offence, with imprisonment for a term which may extend to three years and also with fine. (2) Whoever, without any reasonable excuse, manufactures any weight or measure in accordance with an approved model with any material other than the material approved or recommended by the authorised person, shall be punished with imprisonment for a term which may extend to three years and also with fine.",
"name": "Penalty for manufacture of weights and measures unless approval of model is in force",
"related_acts": "",
"section_id": 39
},
{
"act_id": 624,
"details": "40. Whoever makes or manufactures, any weight or measure without complying with the requirements of section 22 shall be punished with fine which may extend to 14ten thousand Taka, and, for the second or subsequent offence, with imprisonment for a term which may extend to three years and also with fine.",
"name": "Penalty for contravention of section 22",
"related_acts": "",
"section_id": 40
},
{
"act_id": 624,
"details": "41. Whoever, in the course of trade or commerce, sells, distributes, delivers or otherwise transfers, or causes to be sold, distributed, delivered or otherwise transferred any commodity in a packaged form which does not conform to the standards of weight or measure established by or under this Ordinance, shall be punished with fine which may extend to five thousand Taka, and, for the second or subsequent offence, with imprisonment for a term which may extend to three years and also with fine.",
"name": "Penalty for contravention of section 23",
"related_acts": "",
"section_id": 41
},
{
"act_id": 624,
"details": "42. Whoever exports or imports any weight or measure without being registered under this Ordinance shall be punished with fine which may extend to 15five thousand Taka, and, for the second or subsequent offence, with imprisonment for a term which may extend to six months and also with fine.",
"name": "Penalty for contravention of section 24",
"related_acts": "",
"section_id": 42
},
{
"act_id": 624,
"details": "43. Every person who exports any weight or measure or commodity in packaged form which does not conform to the standard of weight or measure established by or under this Ordinance shall, except where such export has been made with the previous approval of the Government, be punished with fine which may extend to five thousand Taka, and, for the second or subsequent offence, with imprisonment for a term which may extend to three years and also with fine.",
"name": "Penalty for contravention of section 25",
"related_acts": "",
"section_id": 43
},
{
"act_id": 624,
"details": "44. Whoever contravenes, without any reasonable excuse, the provisions of section 26, shall be punished with fine which may extend to 16ten thousand Taka, and, for the second or subsequent offence, with imprisonment for a term which may extend to three years and also with fine.",
"name": "Penalty for contravention of section 26",
"related_acts": "",
"section_id": 44
},
{
"act_id": 624,
"details": "45. Whoever, in the course of any trade or commerce,- (i)\tsells, delivers, or causes to be sold or delivered to the purchaser any quantity or number of any article or thing, less than the quantity or number contracted for or paid for; or (ii)\trenders any service by weight, measure or number, less than the service contracted for or paid for; or (iii)\tdemands, or causes to be demanded, or receives, or causes to be received, while buying any article or thing, any quantity or number of goods in excess of the quantity or number contracted for or paid for; or (iv)\tobtains any service in excess of the service contracted for or paid for; shall be punished with fine which may extend to 17ten thousand Taka, and, for the second or subsequent offence, with imprisonment for a term which may extend to three years and also with fine.",
"name": "Penalty for contravention of section 28",
"related_acts": "",
"section_id": 45
},
{
"act_id": 624,
"details": "46. Whoever, in the course of any trade or commerce, contravenes the provisions of 19section 31 or 58 shall be punished with fine which may extend to 20five thousand Taka and, for the second or subsequent offence, with imprisonment for a term which may extend to three years and also with fine.",
"name": "Penalty for contravention of section 31 and 58",
"related_acts": "",
"section_id": 46
},
{
"act_id": 624,
"details": "2146A. Whoever- (a)\tcounterfeits any seal or stamp; or (b) \tpossesses, sells or otherwise disposes of any counterfeit seal; or (c)\tremoves or tempers any stamp; or (d) \tremoves any stamp and affixes the same on, or inserts the same into any other weights or measures; or (e)\t\tincreases or diminishes or alters in any way any weight or measure with a view to deceiving any person or knowing or having reason to believe that any person is likely to be deceived thereby; shall be punished with imprisonment for a term which may extend to two years but shall not be less than six months and, for the second or subsequent offence, with imprisonment for a term which may extend to five years but shall not be less than one year and also with fine.",
"name": "Penalty for counterfeiting seal, etc.",
"related_acts": "",
"section_id": 47
},
{
"act_id": 624,
"details": "47. Whoever contravenes any provision of this Ordinance for the contravention of which no punishment has been separately provided elsewhere in this Ordinance, shall be punished with fine which may extend to 22five thousand Taka.",
"name": "Penalty where no specific penalty is provided",
"related_acts": "",
"section_id": 48
},
{
"act_id": 624,
"details": "48. (1) If any person, in the course of trade or commerce, uses, or causes to be used, sells, distributes, delivers or otherwise transfers, or causes to be sold, distributed, delivered or otherwise transferred, any false or unverified weight or measure, it shall be presumed, until the contrary is proved, that he had done so with the knowledge that the weight or measure was false or unverified weight or measure. (2) If any person makes or manufactures or has in his possession, custody or control any false or unverified weight or measure in such circumstances as to indicate that such weight or measure is likely to be used in the course of trade or commerce, it shall be presumed, until the contrary is proved, that such false or unverified weight or measure was made manufactured, possessed, held or controlled by such person with the knowledge that the same would be, or is intended to be, used in the course of trade or commerce.",
"name": "Presumption to be made in certain cases",
"related_acts": "",
"section_id": 49
},
{
"act_id": 624,
"details": "49. Whoever personates, in any way, the Director, or the authorised person, shall be punished with imprisonment for a term which may extend to three years.",
"name": "Penalty for personation of officials",
"related_acts": "",
"section_id": 50
},
{
"act_id": 624,
"details": "50. (1) Whoever gives information to the authorised person which he may require or ask for in the course of his duty and which such person either knows, or has reason to believe, to be false shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to 23five thousand Taka, or with both. (2) Whoever, being required by or under this Ordinance so to do, submits a return which is false in material particulars, shall be punished with fine which may extend to 24five thousand Taka, and, for the second or subsequent offence, with imprisonment for a term which may extend to one year and also with fine.",
"name": "Penalty for giving false information or false returns",
"related_acts": "",
"section_id": 51
},
{
"act_id": 624,
"details": "51. (1)The authorised person who knows that there are no reasonable grounds for so doing, and yet- (a) \tsearches, or causes to be searched, any house, conveyance or place, or (b) \tsearches any person, or (c)\tseizes any weight, measure or other movable property, shall, for every such offence, be punished with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand Taka, or with both. (2) If an inspector- (a)\twilfully verifies any weight or measure within the meaning of section 16, or (b) wilfully obliterates any stamp on any such weight or measure, he shall, for every such offence, be punished with imprisonment for a term which extend to one year, or with fine which may extend to two thousand Taka, or with both.",
"name": "Vexatious actions",
"related_acts": "",
"section_id": 52
},
{
"act_id": 624,
"details": "52. Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898),- (a)\tno Court shall take cognizance of an offence punishable under this Ordinance except upon a complaint in writing, made by an officer authorised 25by the Institution in this behalf; (b)\tno Court inferior to that of a Metropolitan Magistrate or a Magistrate of the first class shall try any offence under this Ordinance; (c)\tan offence punishable under section 32, section 33, section 34, section 37, section 39, section 40, section 41, section 42, section 43, section 44, 26section 46 or section 46A, may be tried summarily and no sentence of imprisonment for a term exceeding one year shall be passed in the case of any conviction for an offence which is summarily tried under this section.",
"name": "Cognizance of offences",
"related_acts": "75",
"section_id": 53
},
{
"act_id": 624,
"details": "2753A. If, in any prosecution under this Ordinance, the Court imposes any penalty provided in this Ordinance, it shall also direct the person upon whom such penalty is imposed to pay to the Institution such sum towards the costs of the prosecution (including the cost of any analysis or examination made under this Ordinance) as the Court may think reasonable and such sum shall be realised from that person as though it was a fine imposed under this Ordinance.",
"name": "Award of Costs",
"related_acts": "",
"section_id": 54
},
{
"act_id": 624,
"details": "53. (1) Any offence punishable under section 32, section 37, section 38, section 39, section 41, section 42, section 43, section 44, section 45, section 46, 28section 46A or section 47, may, either before or after the institution of the prosecution, be compounded by the authorised person or such other officer as may be specially authorised by the Government in this behalf, on payment for credit 29to the Institution of such sum as the authorised person or such other officer may specify : Provided that such sum shall not, in any case, exceed the maximum amount of the fine which may be imposed under this Ordinance for the offence so compounded. (2) Nothing in sub section (1) shall apply to a person who commits the same or similar offence within a period of three years from the date on which the first offence committed by him was compounded. Explanation. For the purposes of this sub section, any second or subsequent offence committed after the expiry of a period of three years from the date on which the offence was previously compounded shall be deemed to be a first offence. (3) Where an offence has been compounded under sub section (1), no proceeding or further proceeding, as the case may be, shall be taken against the offender in respect of the offence so compounded, and the offender, if in custody, shall be discharged forthwith. (4) No offence under this Ordinance shall be compounded except as provided by this section.",
"name": "Compounding of offences",
"related_acts": "",
"section_id": 55
},
{
"act_id": 624,
"details": "54. (1) If the person committing an offence under this Ordinance 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 such person liable to punishment if he proves that the offence was committed without his knowledge or that he has exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub section (1), where an offence under this Ordinance has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to the neglect on the part of, any director, manager, secretary or other officer, he shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation. For the purposes of this section,- (a)\t“company” means any body corporate and includes a firm or other association of individuals ; and (b)\t“director”, in relation to a firm, means a partner in the firm.",
"name": "Offences by companies, and proceedings against them",
"related_acts": "",
"section_id": 56
},
{
"act_id": 624,
"details": "55. The provisions of the Penal Code (Act XLV of 1860), shall not, in so far as such provisions relate to offence with regard to weights and measures, apply to any offence which is punishable under this Ordinance.",
"name": "Provisions of Penal Code not to apply to any offence under this Ordinance",
"related_acts": "",
"section_id": 57
},
{
"act_id": 624,
"details": "56. The Government may make, or cause to be made, such surveys and collect, or cause to be collected, such statistics as it may consider necessary with a view to ascertaining the extent to which any standard of weight, measure or numeration established by or under this Ordinance has been implemented in any area or in relation to any class of undertaking, users or goods and it shall be the duty of every person using weight or measure or making any numeration to render such assistance as the person making such survey or collecting such statistics may require",
"name": "Survey and statistics",
"related_acts": "",
"section_id": 58
},
{
"act_id": 624,
"details": "57. The Government may, by notification in the official Gazette, direct that such of its powers under this Ordinance or the rules made thereunder shall, as may be specified in the notification, be exercisable also by such authority or person as may be so specified",
"name": "Delegation of powers",
"related_acts": "",
"section_id": 59
},
{
"act_id": 624,
"details": "58. No person shall, in relation to any goods, thing or service, (a)\tquote, or make announcement of, whether by word of month or otherwise, any price or charge, or (b)\tissue or exhibit any price list, invoice, cash memo or other document, or (c)\tprepare or publish any advertisement, poster or other documents, or (d)\tindicate the contents of any package either on itself or on any label, carton, or other thing, or (e)\tindicate the contents on any container, or (f)\texpress any quantity or dimension, otherwise than in accordance with the standard unit of weight, measure or numeration.",
"name": "Prohibition of quotations, etc., otherwise than in terms of standard units of weights and measures or numeration",
"related_acts": "",
"section_id": 60
},
{
"act_id": 624,
"details": "59. Any custom, usage, practice or method of whatever nature which permits a person to demand, receive, or cause to be demanded or received any quantity of article, thing or service in excess of, or less than, the quantity specified by weight, measure or number in the contract or other agreement in relation to the said article, thing or service shall be void.",
"name": "Custom, usage, etc., contrary to standard weight, measure or numeration to be void",
"related_acts": "",
"section_id": 61
},
{
"act_id": 624,
"details": "60. (1) No unit of weight, measure or numeration shall, after the commencement of this Ordinance, be stated in any enactment, notification, rule, order, contract, deed or other instrument in terms of any unit of weight, measure or numeration other than that of a standard unit of weight, measure or numeration. (2) On and from the commencement of this Ordinance, no weight, measure or number other than the standard weight, measure or number shall be used in, or form the basis of, any contract or other agreement in relation to any national or international trade or commerce: Provided that, in relation to any goods which are exported, the weight, measure or number of such goods may be indicated thereon, or in any contract, in addition to the standard units of weight, measure or numeration, in accordance with any other system of weight, measure or numeration if the person to whom the export is to be made so requires. (3) Any contract or other agreement in contravention of the provisions of sub section (2) shall be void. (4) No written record of the results of any measurement shall be maintained in any unit other than the standard unit of weight, measure or numeration established by or under this Ordinance.",
"name": "Non metric weight or measure not to be mentioned in any document etc.",
"related_acts": "",
"section_id": 62
},
{
"act_id": 624,
"details": "61. (1) The Government may establish a Centre to be known as the Metrology Training Centre (hereafter referred to as the “Centre”) for imparting training in scientific, technical, legal and administrative aspects of Metrology. (2) The management and control of the affairs of the Centre shall be vested in such person or authority as the Government may direct and shall be carried out in such manner as may be prescribed. (3) The Government may provide the Centre with such teaching staff and other employees and with such equipments and other facilities as it may think fit to enable the Centre to function efficiently. (4) The course and curricula for training and the period for which the training may be imparted thereat for each course shall be such as may be specified by the Government from time to time. (5) The Government shall specify the minimum qualification which a person shall possess in order to be eligible for admission to the Centre for receiving training thereat and different qualifications may be specified for different courses and training imparted at the Centre. (6) The Government or any corporation or private organisation may depute, in such batches as may be convenient to the Centre, employees of or above the rank of an Inspector for receiving training at the Centre and the Government may also arrange for the training, at the Centre, of such other persons as it may think fit. (7) Where the Government is of the opinion that in addition to the training imparted at the Centre it is necessary to impart to an employee, not below the rank of an Inspector, further specialised training which is not provided for at the Centre, it may send such employee to such other place, authority or institution within the country or abroad as it may think fit for receiving such specialised training.",
"name": "Training Centre",
"related_acts": "",
"section_id": 63
},
{
"act_id": 624,
"details": "62. (1) Subject to the provisions of sub section (2), any person aggrieved by an order made under section 16 or section 20 may prefer an appeal against such order to the Government. (2) Every such appeal shall be preferred within sixty days from the date on which the impugned order was made: Provided that the appellate authority may, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within the said period of sixty days, permit the appellant to prefer the appeal within a further period of sixty days. (3) On receipt of any such appeal, the appellate authority shall, after giving the parties to the appeal a reasonable opportunity of being heard and after making such inquiry as it deems proper, make such order as it may think fit, confirming, modifying or reversing the order appealed against or may send back the case with such direction as it may think fit for a fresh order after taking additional evidence, if necessary. (4) Every appeal shall be preferred on payment of such fees, not exceeding twenty five Taka, as may be prescribed. (5) The Government may, on its own motion or otherwise, call for and examine the record of any proceeding (including a proceeding in appeal) in which any decision or order has been made, for the purpose of satisfying itself as to the correctness, legality or propriety of such decision or order and may pass such order thereon as it may think fit: Provided that no decision or order shall be varied under this sub section so as to prejudicially affect any person unless such parson has been given a reasonable opportunity of showing cause against the proposed action.",
"name": "Appeals",
"related_acts": "",
"section_id": 64
},
{
"act_id": 624,
"details": "63. 30(1) The Government may, by rule made under section 64, specify fees for- (a)\tapproval of the model of any weight or measure intended to be made or manufactured for sale, purchase, distribution or delivery in the course of any trade or commerce; (b)\tverification and stamping of test weights, poises, counter weights etc. and weights or measures of the commercial, industrial and scientific category; (c)\tverification and stamping of a set of weight or measure of the working and secondary category; (d)\tgranting copies of any document not being a document of a confidential nature; (e)\tregistration of exporters or importers of weights, measures, weighing instruments or measuring instruments; (f)\tany appeal preferred under this Ordinance; (g)\tgranting certificates of approval of model to manufacturers, repairers, or dealers relating to any weight, measure, weighing instrument or measuring instrument. (2) No approval, verification or stamping shall be made, copy granted, registration made or appeal entertained unless the fee prescribed therefore under sub section (1) has been paid.",
"name": "Levy of fees",
"related_acts": "",
"section_id": 65
},
{
"act_id": 624,
"details": "64. (1) The Government may, by notification in the official Gazette, make rules to give effect to the provisions of this Ordinance. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely- (a)\tsupplementary, derived, special or other units of weight or measure, standard symbols or definitions, as recommended by the General Conference on Weights and Measures or the International Organisation of Legal Metrology; (b)\tmultiples and sub multiples of, and physical constants, ratios or coefficients in relation to units of weight or measure, as recommended by the General Conference on Weights and Measures or the International Organisation of Legal Metrology; (c)\tdenominations of decimal multiples and sub multiples of numerals and the manner in which they shall be written; (d)\tperiodical intervals at which the accuracy of the objects or equipment referred to in sections 7 and 8 shall be certified ; (e)\tthe physical characteristics, configuration, constructional details, materials, equipment, performance, tolerances, methods or procedures of tests in relation to weights or measures; (f)\tthe conditions, limitations and restrictions under which non standard weights or measures may be manufactured for export or may be exported; (g)\tclass of goods or undertakings in relation to which, or class of users in relation to whom, no transaction, dealing or contract shall be made or had except by specified weight, measure or number; (h)\tthe manner of declaration of the contents of a package and specification of the unit of weight, measure or number in accordance with which the retail sale price shall be declared on the package; (i)\tthe standard quantities or number in which commodities may be packed; (j)\tthe reasonable variations in the net contents of a packaged commodity which may be caused by the method of packing or ordinary exposure; (k) \tthe classes of weights or measures which would fall in the first category or the second category; (l)\tthe special seal by which weights or measures of the first category shall be stamped; (m) \tthe form and manner in which and the time within which applications for inclusion of a name in the register of exporters and importers of weights and measures shall be made; (n)\tthe period for which certificate of registration of an exporter or importer of weights or measures may be renewed; (o)\tthe scales in accordance with which fees may be collected under section 63; (p)\tany other matter which is required to be, or may be, prescribed.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 66
},
{
"act_id": 624,
"details": "65. (1) The enactments specified below shall stand repealed in an area in which or in relation to any class of goods or undertakings or weights and measures or users of weights and measures in respect of which this Ordinance comes into force- (a) \tthe Weights and Measures of Capacity Act, 1871 (XXXI of 1871); (b) \tthe Measures of Length Act, 1889 (II of 1889); (c) \tthe Standards of Weight Act, 1939 (IX of 1939); and (d) \tthe Weights and Measures (Metric System) Act, 1967 (V of 1967). (2) If, immediately before the commencement of this Ordinance, any provision thereof in any area or in relation to any class of goods or undertakings, there is in force in that area or in relation to that class of goods or undertakings any law which corresponds to this Ordinance or to any such provision thereof and which is not repealed by sub section (1) that corresponding law shall stand repealed.",
"name": "Repeal and savings",
"related_acts": "",
"section_id": 67
}
],
"text": "An Ordinance to establish standards of weights and measures based on metric system and units of measurement. WHEREAS it is expedient to make provision for the establishment of standards of weights and measures based on metric system and units of measurement and for matters connected therewith or incidental thereto; NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the Chief Martial Law Administrator is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 625,
"lower_text": [
"1 The semi-colon (;) was substituted for the full-stop (.) and thereafter the word “or” was added by section 2 of the Bangladesh Flag Vessels (Amendment) Act, 2003 (Act No. XXVI of 2003)",
"2 Clause (c) was substituted by section 2 of The Bangladesh Flag Vessels (Protection) (Amendment) Act, 2009 (Act. No. XVIII of 2009) (with effect from 12th July, 2007)."
],
"name": "The Bangladesh Flag Vessels (Protection) Ordinance, 1982",
"num_of_sections": 10,
"published_date": "28th June, 1982",
"related_act": [
625
],
"repelled": true,
"sections": [
{
"act_id": 625,
"details": "1. (1) This Ordinance may be called the Bangladesh Flag Vessels (Protection) Ordinance, 1982. (2) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint.",
"name": "Short title and commencement",
"related_acts": "625",
"section_id": 1
},
{
"act_id": 625,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a) “Bangladesh flag vessel” means a vessel registered in Bangladesh; and (b) “Prescribed Authority” means the Director-General, Department of Shipping, Government of the People's Republic of Bangladesh, or any other officer, body or authority appointed by the Government as such.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 625,
"details": "3. Notwithstanding anything contained in any other law for the time being in force, at least forty per cent of the sea-borne cargoes relating to foreign trade of Bangladesh shall, subject to the other provisions of this Ordinance, be carried by Bangladesh f lag vessels: Provided that this limitation shall not apply to- (a)\tany cargo which is required to be carried by any vessel in accordance with any reciprocal arrangement made between the two trading partners; or (b)\tany cargo in respect of which a certificate of waiver is issued by the Prescribed Authority 1; or 2(c) any cargo in respect of which a general waiver is announced by the Prescribed Authority.",
"name": "Limitation on carriage of cargoes of sea-borne trade",
"related_acts": "",
"section_id": 3
},
{
"act_id": 625,
"details": "4. (1) Where there is no Bangladesh flag vessel or flag vessel of the trading country concerned available for carriage of any cargo from or to Bangladesh, the Prescribed Authority may liberate the cargo for carriage by a third country f lag vessel. (2) Where the country to which or from which any cargo is to be carried is not served by Bangladesh f lag vessels and the f lag vessels of that country also do not serve Bangladesh, the Prescribed Authority may liberate the cargo for carriage by a third country f lag vessel.",
"name": "Carriage of cargoes by third country f lag vessels",
"related_acts": "",
"section_id": 4
},
{
"act_id": 625,
"details": "5. No f lag vessel of any foreign country shall carry coastal trade cargoes of Bangladesh: Provided that this restriction shall not apply to a vessel in respect of which a certificate of waiver is issued by the Prescribed Authority.",
"name": "Non-Bangladesh Flag vessels not to carry coastal trade cargoes",
"related_acts": "",
"section_id": 5
},
{
"act_id": 625,
"details": "6. No owner of Bangladesh f lag vessels shall join or form a liner conference without obtaining a licence from the Prescribed Authority.",
"name": "Prohibition to join liner conference without licence",
"related_acts": "",
"section_id": 6
},
{
"act_id": 625,
"details": "7. (1) An Application for a licence under section 6 shall be made in such manner and in such form, and shall be accompanied by such fee, as the Government may specify in this behalf. (2) Any person aggrieved by refusal of a licence under section 6 may prefer an appeal, within three days from the date of such refusal, to the Government whose decision in the matter shall be final.",
"name": "Grant of licence, etc.",
"related_acts": "",
"section_id": 7
},
{
"act_id": 625,
"details": "8. (1) If any vessel carries any cargo in contravention of any provision of this Ordinance, the owner of the vessel shall be punishable with fine not exceeding the value of the freight of such cargo. (2) Whoever contravenes any provision of this Ordinance not punishable under sub-section (1) shall be punishable with fine.",
"name": "Penalty",
"related_acts": "",
"section_id": 8
},
{
"act_id": 625,
"details": "9. (1) If the person contravening any of the provisions of this Ordinance is a company, every person who at the time the offence was committed, was in charge of and was responsible to, the company for the conduct of the business of the company as well as the company shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Ordinance if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where any offence under this Ordinance has been committed by a company and it is proved that the offence was committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.- For the purposes of this section,- (a)\t“company” means any body corporate and includes a firm or other association of individuals, and (b)\t“director”, in relation to a firm, means a partner in the firm.",
"name": "Offences by companies",
"related_acts": "",
"section_id": 9
},
{
"act_id": 625,
"details": "10. The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 10
}
],
"text": "An Ordinance to provide protection for the Bangladesh f lag vessels. WHEREAS it is expedient to provide protection for the Bangladesh f lag vessels; NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the Chief Martial Law Administrator is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 626,
"lower_text": [],
"name": "The Finance Ordinance, 1982",
"num_of_sections": 3,
"published_date": "30th June, 1982",
"related_act": [
626,
156,
622
],
"repelled": false,
"sections": [
{
"act_id": 626,
"details": "1. (1) This Ordinance may be called the Finance Ordinance, 1982. (2) Except as otherwise provided in this Ordinance, this section and sections 5, 11 and 13 shall come into force at once, and other sections shall come into force on the first day of July, 1982.",
"name": "Short title and commencement",
"related_acts": "626",
"section_id": 1
},
{
"act_id": 626,
"details": "2. The following amendments shall be made in the Income tax Act, 1922 (XI of 1922), namely:- (1)\tin section 2, clause (6AA) shall be omitted; (2)\tin section 4, in sub section (3), - (a)\tin clause (xii), (i) \tin sub clause (ff), the words “begun and” shall be omitted and shall be deemed to have been so omitted on and from the first day of July, 1980; (ii) \tin sub clause (h), the words “begun and” shall be omitted and shall be deemed to have been so omitted on and from the first day of July, 1980; (3) in section 7, in sub section (1), in the third proviso, for the words “four thousand two hundred Taka”, “two thousand four hundred Taka” and one thousand eight hundred Taka” the words “six thousand Taka”, “three thousand two hundred Taka” and “two thousand four hundred Taka” shall, respectively, be substituted; (4) in section 8, in the second proviso, the words “or super tax” shall be omitted; (5) in section 9, in sub section (2), in the first proviso, in clause (b), for the words “the total income” the words “all other income excluding the notional income from the residential house” shall be substituted; (6) in section 10, in sub section (2),- (a)\tin clause (vi), in the proviso, in clause (a), for the word “prescribed” the words “necessary” shall be substituted; (b)\tin clause (vib), - (i)\tfor the figure “1982” the figure “1987” shall be substituted; (ii)\tin the third proviso, for the word “prescribed” the word “necessary” shall be substituted; (c)\tin clause (x), in the proviso, for the semi colon at the end a colon shall be substituted and thereafter the following new proviso shall be added, namely: “Provided further that any sum paid to an employee as festival bonus shall not be subjected to the conditions laid down in the first proviso;”; (7) in section 12B, after sub section (6), the following new sub section (7) shall be added, namely:- “(7)\tNotwithstanding anything contained in sub section (1) where a capital gain arises from the sale, exchange or transfer of a capital asset being buildings or lands which within a period of two years immediately following the date on which the sale, exchange or transfer took place, is invested in the acquisition of capital asset of a new industrial undertaking, then instead of the capital gain being charged to tax as income of the previous year in which the sale, exchange or transfer took place, it shall, if the assessee so elects in writing before the assessment is made, be dealt with in accordance with the following provisions of this sub section, that is to say, (a)\tif the amount of the capital gain is greater than the cost of the new asset,- (i) the difference between the amount of the capital gain and the cost of the new asset shall be charged under this section as income of the previous year, and (ii) for the purposes of computing in respect of the new asset any allowance under clause (vi) or clause (vii) of sub section (2) of section 10 or the amount of any capital gain arising from its sale, exchange or transfer, the cost or the written down value, as the case may be, shall be nil, or (b)\tif the amount of the capital gain is equal to or less than the cost of the new asset,- (i)\tthe capital gain shall not be charged under this section, and (ii) for the purposes of computing in respect of the new asset any allowance under the said clause (vi) or any allowance or adjustment under the said clause(vii) or the amount of any capital gains arising from its sale, exchange or transfer, the cost or the written down value, as the case may be, shall be reduced by the amount of the capital gain: Provided that where in respect of the acquisition of the capital asset of a new industrial undertaking, the assessee satisfies the Deputy Commissioner of Taxes that despite the exercise of due diligence it has not been possible to acquire the new asset within the period specified in this sub section, the Deputy Commissioner of Taxes may, with the prior approval of the Inspecting Joint Commissioner of Taxes, extend the said period to such date as he considers reasonable.”; (8) \tin section 13A, in sub section (1), for the words “twenty lakhs” the words “ten lakhs” shall be substituted; (9) \tin section 14, in sub section (3), in clause (b), in sub clause (ii), in the Explanation, in clause (b), for the words “ten thousand” the words “fifty thousand” shall be substituted; (10) in section 14A,- (a) \tin sub section (2A), the words “and super tax” shall be omitted; (b) \tin sub section (2C), the words “and super tax” shall be omitted; (11) \tin section 15, sub section (3A) shall be omitted; (12) \tsection 15A shall be omitted; (13) \tin section 15D, in sub section (1), the proviso shall be omitted; (14) \tafter section 15D, the following new section 15DD shall be inserted, namely- “15DD. Contribution to Zakat Fund, etc.-The tax shall not be payable by any person in respect of any sums paid by him as Zakat to the Zakat Fund or as donation or contribution to the charitable Fund established by or under the Zakat Fund Ordinance, 1982”; (15) section 15E shall be omitted; (16) in section 15G,- (a) in sub section (1), the words “in the manner hereinafter provided” at the end shall be omitted; (b)\tsub section (2) shall be omitted; (c)\tfor sub section (3) the following shall be substituted, namely:- “(3) Where no tax is payable by a company in respect of the year in which it makes such investment or where the amount of tax payable is less than the amount of credit, the amount of the credit or so much of it as has not been deducted, as the case may be, shall be carried forward and deducted from the tax payable by the company in the following year and so on”.; (17) \tsection 15H shall be omitted; (18)\t in section 16, in sub section (1), for clause (a) the following shall be substituted, namely:- “(a)\tany sums exempted under the first, third and fourth provisos to sub section (1) of section 7, the second proviso to section 8, sub-section (2) of section 14, section 15, section 15AA, section 15C, section 15CC, section 15D, section 15DD and section 15F shall be included;”; (19) in section 17,- (a) \tin sub section (1) the commas and words “including super-tax”, shall be omitted; (b) \tin sub section (1), in clause (a), the commas and words “, or the income tax which would be payable on his total income if it were the total income of the person resident in taxable territories, whichever is the” shall be omitted; (c) \tin sub-section (5),- (i) the words “including super-tax” and the words “and super tax” wherever occurring shall be omitted; (ii) in clause (b), for sub clause (ii) the following shall be substituted, namely:- “(ii) in the case of other assessees- (1) Where the capital gains arise as a result of disposal by the assessee of his capital assets after two years but within five years from the date of their acquisition. Income‑tax payable on the capital gains at the rate applicable to his total income including the said capital gains, or in┬¡come‑tax at the rate of 25% on the amount of capital gains, whichever is the lower. (2) Where the capital gains arise as a result of disposal by the assessee of his capital assets after five years but within fifteen years from the date of their acquisition. Income‑tax payable on the capital gains at the rate applicable to his total income including the said capital gains, or, income‑tax at the rate of┬á┬á 20% on the amount of the capital gains, whichever is the lower. (3) Where the capital gains arise as a result of disposal by the assessee of his capital assets after fifteen years from the date of their acquisition. Income‑tax payable on the capital gain at the rate applicable to his total income including the said capital gains,┬á┬á┬á┬á┬á┬á┬á or income‑tax at the rate of 15% on the amount of the capital gains, whichever is the lower.ÔÇØ; ┬á ┬á (iii) the proviso at the end shall be omitted; ┬á ┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á (20) in section 18,-┬¡ ┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á (a)┬á┬á sub-section (3A) shall be omitted; ┬á (b)┬á┬á in sub‑section (3B), the words ÔÇ£and super‑taxÔÇØ and the words ÔÇ£and super‑tax at the rateÔÇØ shall be omitted; ┬á (c)┬á┬á sub‑section (3D) shall be omitted; ┬á (d)┬á┬á in sub‑section (5) the words ÔÇ£or super‑taxÔÇØ shall be omitted; ┬á (e)┬á┬á in sub‑section (9),┬¡- ┬á (i)┬á┬á┬á the words ÔÇ£or super‑taxÔÇØ occurring twice shall be omitted fromboth the places; and ┬á (ii)┬á┬á the brackets, figure, letter and comma ÔÇ£3A,ÔÇØ shall be omitted; ┬á ┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á (21) in section 18A- ┬á (a) ┬á in sub‑section (1)- ┬á (i) ┬á┬á the words ÔÇ£and super‑taxÔÇØ wherever occurring shall be omitted; ┬á (ii)┬á┬á for the words ÔÇ£twenty‑five thousand TakaÔÇØ the words ÔÇ£fifty thousand TakaÔÇØ shall be substituted; ┬á (iii)┬á the brackets, figure, letter and comma ÔÇ£(3A)ÔÇØ, shall be omitted; ┬á (b)┬á┬á in sub‑section (3), for the words ÔÇ£twenty‑five thousand TakaÔÇØ the words ÔÇ£fifty thousand TakaÔÇØ shall be substituted; ┬á (c) ┬á in sub‑section (5), forthe words ÔÇ£ten per centÔÇØ the words ÔÇ£thirteen and a half per centÔÇØ shall be substituted; ┬á (22) ┬á in section 21, in clause (c), the words ÔÇ£and super‑taxÔÇØ shall be omitted; ┬á (23) ┬á section 21A shall be omitted; ┬á (24) ┬á in section 22,- ┬á in sub‑section (1) in the second proviso, for the words ÔÇ£Taka twenty-five thousandÔÇØ the words ÔÇ£Taka fifty thousandÔÇØ shall be substituted; ┬á (25) ┬á┬á in section 23, sub‑section (3A) shall be omitted; ┬á (26) ┬á┬á in section 23B, in sub‑section (3), the words and comma ÔÇ£super‑tax, but notÔÇØ shall be omitted; ┬á (27) ┬á┬á in section 26A, in sub‑section (1), the words ÔÇ£or super‑taxÔÇØ shall be omitted; ┬á ┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á (28) in section 28,┬¡- ┬á (a) ┬á in sub‑section (1A), the words ÔÇ£and super-taxÔÇØ shall be omitted; ┬á (b) ┬á in sub‑section (1B), for words ÔÇ£eighty per centÔÇØ occurring twice the words ÔÇ£seventy‑five per centÔÇØ shall be substituted inboth the places; ┬á (c) ┬á in sub‑section (2), the words ÔÇ£and super‑taxÔÇØ occurring twice shall be omitted in both the places; ┬á (d) ┬á in sub‑section (2A) for the words ÔÇ£eighty per centÔÇØ the words┬á ÔÇ£seventy‑five per centÔÇØ shall be substituted; ┬á (29) ┬á in section 34, in sub‑section (2D) for the word ÔÇ£whereÔÇØ at the beginning the words, brackets, figure and letter ÔÇ£Notwithstanding anything contained in sub‑section (1A) whereÔÇØ shall be substituted; ┬á (30) in section 44F, the words ÔÇ£or super‑taxÔÇØ wherever occurring shall be omitted; ┬á (31) in section 47A, in sub‑section (1), for the words ÔÇ£fifty thousand TakaÔÇØ the words ÔÇ£one lakh TakaÔÇØ shall be substituted; ┬á (32) in section 49AA, in sub‑section (2), the words ÔÇ£including super‑taxÔÇØ shall be omitted; ┬á (33) in section 49B, the brackets and words ÔÇ£(exclusive of super‑tax)ÔÇØ shall be omitted; ┬á (34) in section 49C, the brackets and words ÔÇ£(but not super‑tax)ÔÇØ occurring twice shall be omitted in both the┬á┬á places; ┬á (35) ┬á in section 49D, in sub‑section (1),- ┬á (a) ┬á in the first proviso,- ┬á (i)┬á┬á┬á brackets and words ÔÇ£(but not super‑tax)ÔÇØ shall be omitted; ┬á (ii) ┬á the comma and the words ÔÇ£, but as if for the reference to income‑tax therein there were submitted a reference to super‑taxÔÇØ shall be omitted; ┬á (b)┬á in the Explanation, in clauses (i) and (iii), the words ÔÇ£and super‑taxÔÇØ shall be omitted; ┬á ┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á (36)┬á in section 50, the words ÔÇ£or super‑taxÔÇØ shall be omitted; ┬á ┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á (37)┬á in section 58G- ┬á (a)┬á sub‑section (i) shall be omitted; ┬á (b)┬á in sub‑section (3) , the words ÔÇ£and super‑taxÔÇØ occurring twice shall be omitted in both the places; ┬á (38) in section 58J, in sub‑section (2), in the second paragraph, the words ÔÇ£and super‑taxÔÇØ shall be omitted; ┬á (39) in section 58L, in sub‑section (2), in clause (d), the words ÔÇ£and super-taxÔÇØ shall be omitted; ┬á┬á┬á┬á┬á┬á┬á┬á",
"name": "Amendments of Act XI of 1922",
"related_acts": "622",
"section_id": 2
},
{
"act_id": 626,
"details": "3. In the Motor Vehicles Tax Act, 1932 (Ben. Act I of 1932), for the First Schedule the following shall be substituted, namely-",
"name": "Amendment of the First Schedule, Ben. Act I of 1932",
"related_acts": "156",
"section_id": 3
}
],
"text": "An Ordinance to give effect to the financial proposals of the Government and to amend certain laws. WHEREAS it is expedient to make provisions to give effect to the financial proposals of the Government and to amend certain laws for the purpose hereinafter appearing; NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him on that behalf, the Chief Martial Law Administrator is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 627,
"lower_text": [
"1 The word “President” was substituted for the words “Chief Martial Law Administrator” by section 2 of the Supreme Court Judges (Leave, Pension and Privileges) (Second Amendment) Ordinance, 1984 (Ordinance No. LIV of 1984)",
"2 Clause (b) was omitted by section 2 of the Supreme Court Judges (Leave, Pension and Privileges) (Second Amendment) Ordinance, 1984 (Ordinance No. LIV of 1984)",
"3 The word “President” was substituted for the words “Chief Martial Law Administrator” by section 2 of the Supreme Court Judges (Leave, Pension and Privileges) (Second Amendment) Ordinance, 1984 (Ordinance No. LIV of 1984)",
"4 Clause (d) was substituted by section 2 of the Supreme Court Judges (Leave, Pension and Privileges) (Second Amendment) Ordinance, 1984 (Ordinance No. LIV of 1984)",
"5 The comma and words “, an Acting Chief Justice” were omitted by section 2 of the Supreme Court Judges (Leave, Pension and Privileges) (Second Amendment) Ordinance, 1984 (Ordinance No. LIV of 1984)",
"6 The word “In” was substituted for the word “in” by section 2 of the Supreme Court Judges (Leave, Pension and Privileges) (Second Amendment) Ordinance, 1984 (Ordinance No. LIV of 1984)",
"7 The word “President” was substituted for the words “Chief Martial Law Administrator” by section 3 of the Supreme Court Judges (Leave, Pension and Privileges) (Second Amendment) Ordinance, 1984 (Ordinance No. LIV of 1984)",
"8 The words “on his ceasing to be a Judge” were substituted for the words “on retirement” by section 2 of the Supreme Court Judges (Leave, Pension and Privileges) (Amendment) Act, 1993 (Act No. XXIII of 1993)",
"9 The words “Taka one hundred eleven” were substituted for the words “Taka fifty” by section 2 of the Supreme Court Judges (Leave, Pension and Privileges) (Amendment) Ordinance, 1985 (Ordinance No. XLVI of 1985)",
"10 The words “two hundred and fifty” were substituted for the words “one hundred thirty nine” by section 2 of the Supreme Court Judges (Leave, Pension and Privileges) (Amendment) Act, 1993 (Act No. XXIII of 1993)",
"11 The words “Taka four thousand” were substituted for the words “Taka one thousand eight hundred” by section 2 of the Supreme Court Judges (Leave, Pension and Privileges) (Amendment) Ordinance, 1985 (Ordinance No. XLVI of 1985)",
"12 The words “eight thousand and five hundred” were substituted for the words “five thousand” by section 2 of the Supreme Court Judges (Leave, Pension and Privileges) (Amendment) Act, 1993 (Act No. XXIII of 1993)",
"13 The word “President” was substituted for the words “Chief Martial Law Administrator” by section 4 of the Supreme Court Judges (Leave, Pension and Privileges) (Second Amendment) Ordinance, 1984 (Ordinance No. LIV of 1984)",
"14 Section 21A was inserted by section 5 of the Supreme Court Judges (Leave, Pension and Privileges) (Amendment) Ordinance, 1984 (Ordinance No. V of 1984)",
"15 The previous provision was re-numbered as sub-section (1) by section 2 of the Supreme Court Judges (Leave, Pension and Privileges) (Amendment) Act, 2001 (Act No. VII of 2001)",
"16 The word “one-half” were substituted for the word “one-fourth” by section 4 of the Supreme Court Judges (Leave, Pension and Privileges) (Amendment) Ordinance, 1984 (Ordinance No. V of 1984",
"17 The word and figure “Taka 210 ” were substituted for the letters and figure “Tk. 192” by section 4 of the Supreme Court Judges (Leave, Pension and Privileges) (Amendment) Ordinance, 1984 (Ordinance No. V of 1984)",
"18 The figure “260” was substituted for the figure “230” by section 2 of the Supreme Court Judges (Leave, Pension and Privileges) (Amendment) Act, 2016 (Act No. XLI of 2016) (With effect from 1st December, 2013)",
"19 The word and figure “Taka 195 ” were substituted for the letters and figure “Tk. 178” by section 4 of the Supreme Court Judges (Leave, Pension and Privileges) (Amendment) Ordinance, 1984 (Ordinance No. V of 1984)",
"20 The figure “245” was substituted for the figure “215” by section 2 of the Supreme Court Judges (Leave, Pension and Privileges) (Amendment) Act, 2016 (Act No. XLI of 2016) (With effect from 1st December, 2013)",
"21 The word and figure “Taka 180 ” were substituted for the letters and figure “Tk. 165” by section 4 of the Supreme Court Judges (Leave, Pension and Privileges) (Amendment) Ordinance, 1984 (Ordinance No. V of 1984)",
"22 The figure “230” was substituted for the figure “200” by section 2 of the Supreme Court Judges (Leave, Pension and Privileges) (Amendment) Act, 2016 (Act No. XLI of 2016) (With effect from 1st December, 2013)",
"23 The words “one-half” were substituted for the words “three-fourth” by section 2 of the Supreme Court Judges (Leave, Pension and Privileges) (Amendment) Act, 2001 (Act No. VII of 2001)",
"24 The figure and word “15 years ” were substituted for the figure and word “15 years” by section 4 of the Supreme Court Judges (Leave, Pension and Privileges) (Amendment) Ordinance, 1984 (Ordinance No. V of 1984)",
"25 The figure and word “15 years ” were substituted for the figure and word “10 years” by section 4 of the Supreme Court Judges (Leave, Pension and Privileges) (Amendment) Ordinance, 1984 (Ordinance No. V of 1984)",
"26 The figure and word “15 years ” were substituted for the figure and word “10 years” by section 4 of the Supreme Court Judges (Leave, Pension and Privileges) (Amendment) Ordinance, 1984 (Ordinance No. V of 1984)",
"27 The words “one half of the gross pension” were substituted for the words, brackets and comma “one-half of the reduced pension (i. e., one-half of the pension remaining after surrender of one half of the gross pension) ” by section 2 of the Supreme Court Judges (Leave, Pension and Privileges) (Amendment) Act, 2001 (Act No. VII of 2001)",
"28 The Explanation was omitted by section 2 of the Supreme Court Judges (Leave, Pension and Privileges) (Amendment) Act, 2001 (Act No. VII of 2001)",
"29 The sub-sections 2, 3, 4, 5 and the explanation were inserted by section 2 of the Supreme Court Judges (Leave, Pension and Privileges) (Amendment) Act, 2001 (Act No. VII of 2001)",
"30 The word “President” was substituted for the words “Chief Martial Law Administrator” by section 5 of the Supreme Court Judges (Leave, Pension and Privileges) (Second Amendment) Ordinance, 1984 (Ordinance No. LIV of 1984)",
"31 The words “or a person entitled to any benefit under this Ordinance shall be determined by the rules or other similar instruments” were substituted for the words“shall be determined by the rules” by section 3 of the Supreme Court Judges (Leave, Pension and Privileges) (Amendment) Act, 2001 (Act No. VII of 2001)",
"32 The word “President” was substituted for the words “Chief Martial Law Administrator” by section 5 of the Supreme Court Judges (Leave, Pension and Privileges) (Second Amendment) Ordinance, 1984 (Ordinance No. LIV of 1984)"
],
"name": "The Supreme Court Judges (Leave, Pension and Privileges) Ordinance, 1982",
"num_of_sections": 25,
"published_date": "26th July, 1982",
"related_act": [
248,
249,
250,
627
],
"repelled": true,
"sections": [
{
"act_id": 627,
"details": "1. (1) This Ordinance may be called the Supreme Court Judges (Leave, Pension and Privileges) Ordinance, 1982. (2) It shall be deemed to have come into force on the 1st day of December, 1977.",
"name": "Short title and commencement",
"related_acts": "627",
"section_id": 1
},
{
"act_id": 627,
"details": "2. (1) In this Ordinance unless there is anything repugnant in the subject or context,- (a)\t“actual service” means the time spent by a Judge on duty as such or in the performance of such other functions as he may be required under any law to perform or may be required by the 1President to discharge and includes vacation (but excluding any time during which the Judge is absent on leave) and joining time on transfer from- (i)\tthe Supreme Court to the place where he is required under any law to perform any function; and (ii)\tthe place where he is required under any law to perform any function to the Supreme Court; 2* * * (c)\t“Additional Judge” means a Judge appointed by the 3President under sub-paragraph (2) of paragraph 3 of the Schedule to the Proclamation to be an Additional Judge; 4(d)\t “Chief Justice” means the Chief Justice of Bangladesh; (e)\t“Judge” means a Judge of a Division of the Supreme Court and includes the Chief Justice 5* * * and an Additional Judge; (f)\t“Proclamation” means the Proclamation of 24th March, 1982; (g) \t“Service for pension” means actual service and includes thirty days or the amount actually taken, whichever is less, of each period of leave on full salary; (h)\t“Supreme Court” means the Supreme Court as was in existence immediately before the Proclamation; (i) \t“Schedule” means a Schedule to this Ordinance; and (j) \t“vacation” means a vacation fixed in paragraph 4(6) of the Schedule to the Proclamation. (2) 6In the calculation of service for the purpose of this Ordinance, the previous service for any period or periods immediately before the Proclamation as Chief Justice, Judge, Additional Judge or Acting Judge of a High Court shall be reckoned as service as a Judge",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 627,
"details": "3. (1) Subject to the provisions of this Ordinance, leave granted to a Judge may, at his option, be either- (a) \tleave on full salary; or (b) \tleave on half salary; or (c) \tleave partly on full salary and partly on half salary. (2) For the purpose of this part, any period of leave on full salary shall be reckoned as double the period of leave on half salary.",
"name": "Kinds of leave admissible",
"related_acts": "",
"section_id": 3
},
{
"act_id": 627,
"details": "4. A leave account shall be kept for each Judge showing therein the amount of leave due to him in terms of leave on half salary and in such account there shall be- (1)\tcredited to him in two separate columns- (a) \ta period equal to one-fourth of actual service; and (b) \twhere any duties not connected with the business of the Supreme Court are assigned to a Judge and, for reasons of such assignment, the Judge does not avail of any vacation or avails of less than thirty days of vacation in any calendar year, in addition to the leave credited under the preceding sub-clause, a further period equal to double the period by which the vacation availed of by him falls short of thirty days; and (2) debited to him the period of leave on full or half salary granted to him: Provided that the opening credit at the commencement of this Ordinance shall not exceed six months in the case of any Judge.",
"name": "Leave account",
"related_acts": "",
"section_id": 4
},
{
"act_id": 627,
"details": "5. (1) The aggregate amount of leave granted to a Judge during his whole period of service as such shall not exceed, in terms of leave on half salary, thirty-six months. (2) The aggregate amount of leave on full salary granted to a Judge during his whole period of service as such shall not exceed one-twenty fourth of the period spent by him on actual service, but the leave credited to a Judge under sub-clause (b) of clause (1) of section 4 shall not be subject to the limit herein specified. (3) The period of leave granted at any one time shall not exceed, in the case of leave on full salary, five months and, in the case of leave of any other kind specified in section 3, sixteen months.",
"name": "Aggregate amount of leave admissible to a Judge",
"related_acts": "",
"section_id": 5
},
{
"act_id": 627,
"details": "6. Subject to the maximum limits specified in sub-section (1) of section 5, leave on half salary may be granted to a Judge in excess of the amount at his credit- (a) \ton a medical certificate; and (b) \tfor a period not exceeding six months and not more than once during the whole period of his service as Judge, otherwise than on medical certificate.",
"name": "Grant of leave not due",
"related_acts": "",
"section_id": 6
},
{
"act_id": 627,
"details": "7. (1) The monthly rate of leave salary payable to a Judge while on leave on full salary shall be equal to the monthly rate of his salary. (2) The monthly rate of leave salary payable to a Judge while on leave on half salary shall be equal to half the monthly rate of his salary. (3) A Judge shall not be entitled to draw his leave salary otherwise than in Bangladesh currency unless, in the case of a Judge appointed before the commencement of this Ordinance, he was so entitled.",
"name": "Leave salary",
"related_acts": "",
"section_id": 7
},
{
"act_id": 627,
"details": "8. (1) Leave in excess of any leave admissible under the foregoing provisions of this Ordinance may be granted to a Judge for a period not exceeding six months and not more than once during the whole period of his service. (2) No leave under sub section (1) shall be granted to a Judge so as to terminate with his retirement nor after he has tendered his resignation. (3) No leave salary shall be payable to a Judge in respect of the period of leave granted under sub section (1).",
"name": "Extraordinary leave",
"related_acts": "",
"section_id": 8
},
{
"act_id": 627,
"details": "9. Special disability leave may be granted to a Judge when he is disabled by injury intentionally inflicted or caused in, or in consequence of the due performance of his official duties or in consequence of his official position and the provisions of Fundamental Rule 83 shall, so far as may be, apply to a Judge as they apply to a Government servant.",
"name": "Special disability leave",
"related_acts": "",
"section_id": 9
},
{
"act_id": 627,
"details": "10. A Judge may be permitted to combine vacation with leave of any kind if the leave is either at the commencement, or at the end, of the vacation but not at both: Provided that no such permission shall be granted to a Judge if it becomes necessary thereby to appoint an Additional Judge.",
"name": "Combining leave with vacation",
"related_acts": "",
"section_id": 10
},
{
"act_id": 627,
"details": "11. If a Judge overstays his leave or any vacation whether combined with leave or not, he shall receive no salary for the period of his absence in excess of the leave granted to him or beyond the end of the vacation, as the case may be: Provided that, if such absence is due to circumstances beyond his control, the period thereof may be treated as leave admissible to him.",
"name": "Consequences of overstaying leave or vacation",
"related_acts": "",
"section_id": 11
},
{
"act_id": 627,
"details": "12. The authority to grant or refuse leave, or to revoke or curtail leave already granted, shall be the 7President.",
"name": "Authority competent to grant leave, etc.",
"related_acts": "",
"section_id": 12
},
{
"act_id": 627,
"details": "13. A Judge shall, on his retirement, resignation or removal, be paid a pension in accordance with the provisions of this Ordinance if he has- (a) \tcompleted not less than five years of service for pension and attained the retiring age; or (b) \tcompleted not less than ten years of service for pension and, before attaining the retiring age, resigned; or (c) \tcompleted not less than five years of service for pension and, before attaining the retiring age, either resigned, his resignation having been medically certified to be necessitated by ill health, or been removed for physical or mental incapacity: Provided that for the purpose of clause (a) of Part I of the First Schedule, a deficiency of three months or less in the service for pension as Judge shall be deemed to have been condoned.",
"name": "Conditions of admissibility of pension",
"related_acts": "",
"section_id": 13
},
{
"act_id": 627,
"details": "14. Subject to the provisions of this Ordinance, the pension payable to a Judge who is entitled to a pension under section 13 shall be calculated- (a) \tin the case of a Judge who was not a member of a service in Bangladesh or who immediately before his appointment as Judge did not hold any other pensionable civil post in the service of the Republic, in accordance with the provisions of Part I of the First Schedule; (b) \tin the case of a Judge who was a member of a civil service in Bangladesh or who immediately before his appointment as a Judge held any other pensionable civil post in the service of the Republic, in accordance with the provisions of Part II of the First Schedule unless he elects to receive pension under Part I of the said Schedule.",
"name": "Determination of pension of Judges covered by section 13",
"related_acts": "",
"section_id": 14
},
{
"act_id": 627,
"details": "15. A Judge who, immediately before his appointment as such, was a member of a civil service in Bangladesh or was holding a pensionable post in the service of the Republic and who does not fulfil any of the conditions laid down in section 13, shall, 8on his ceasing to be a Judge, be entitled to- (a)\tsuch pension as would have been admissible to him in his previous service or post, had he not been appointed a Judge, his service as Judge being treated, for the purpose of calculating his pension, as continuation in the service to which he belonged or the post he held immediately before his appointment as a Judge; and (b)\tan extra pension at the rate of 9Taka 10two hundred and fifty per month for each completed year of service as Judge, subject to a maximum total pension of 11Taka 12eight thousand and five hundred per month.",
"name": "Pension of Judges not covered by section 13",
"related_acts": "",
"section_id": 15
},
{
"act_id": 627,
"details": "16. For the purpose of pension under this Ordinance, the service as temporary Chief Justice of the Supreme Court, if followed by service as Chief Justice of the Supreme Court, shall be treated as service rendered as Chief Justice of the Supreme Court.",
"name": "Treatment of temporary appointments",
"related_acts": "",
"section_id": 16
},
{
"act_id": 627,
"details": "17. The Civil Service (Extraordinary Pension) Rules, shall apply to a Judge who may suffer injury or die as a result of violence as they apply to an officer in the service of the Republic subject to the modification that reference in those Rules to tables relating to injury/gratuities and pensions and family gratuities and pensions shall be construed as reference to the corresponding tables in the Second Schedule",
"name": "Extraordinary pension",
"related_acts": "",
"section_id": 17
},
{
"act_id": 627,
"details": "18. Commutation of pension.- Omitted by section 3 of the Supreme Court Judges (Leave, Pension and Privileges) (Amendment) Ordinance, 1984 (V of 1984).",
"name": "Omitted.",
"related_acts": "",
"section_id": 18
},
{
"act_id": 627,
"details": "19. The authority competent to grant any pension or gratuity to a Judge under this Ordinance shall be the 13President.",
"name": "Authority competent to grant pension",
"related_acts": "",
"section_id": 19
},
{
"act_id": 627,
"details": "20. (1) The pension admissible to a Judge under this Ordinance shall be held in abeyance on his appointment to any other office and shall not be payable for the period he holds that office. (2) Any pension admissible to a Judge for his having been in any service or post before his appointment as Judge shall be held in abeyance and shall not be payable, for the period he holds office as Judge.",
"name": "Abeyance of pension",
"related_acts": "",
"section_id": 20
},
{
"act_id": 627,
"details": "1421A. A Judge who retired before or after the 1st June, 1982, shall be entitled to dearness allowance per mensem at the rate as admissible to a Government servant.",
"name": "Provision for dearness allowance",
"related_acts": "",
"section_id": 21
},
{
"act_id": 627,
"details": "21. 15(1) Notwithstanding anything contained in any other provision of this Ordinance, 16one half of the gross pension payable to a Judge of the class mentioned in section 14(a) shall be deemed to have been surrendered to Government and in lieu thereof, he, after his retirement or, his family in case of his death, shall be entitled to the following benefits:- (a)\ton retirement or death before retirement after rendering pensionable service for 3 years or more but less than 5 years–a gratuity equal to 3 months' salary; (b)\ton retirement after rendering pensionable service for 5 years or more-a gratuity at the following rates for each taka of pension surrendered- (i) when the age at retirement is 40 years or more but less than 45 years- 17Taka 18260, (ii) when the age at retirement is 45 years or more but less than 50 years- 19Taka 20245, (iii) when the age at retirement is 50 years or more- 21Taka 22230 Plus a monthly pension equal to 23one-half of the gross pension; (c)\ton death before retirement, after rendering pensionable service for 5 years or more-a gratuity at the rates at (b) above and family pension for 2415 years from the date following the date of death at the rate of one-half of the gross pension which would have been admissible had the Judge retired on the date of his death; (d)\ton death after but within 2515 years of retirement (after rendering pensionable service for 5 years or more) family pension for the unexpired portion of 2615 years of retirement at the rate of 27one-half of the gross pension from the date following the date of death. 28* * * 29(2) Subject to the provisions of sub-sections (4) and (5), if- (a)\ta Judge, to whom section 14 (a) applies, after rendering pensionable service for 5 years or more, dies, before retirement or within 15 years after retirement; or (b)\ta Judge, to whom section 14 (b) applies, dies at any time before retirement or within 15 years after retirement, the spouse of the Judge, till death or remarriage, whichever occurs first, and a retarded child or children of the Judge, if any, till his or her or their death, shall be entitled to family pension at the following rate, namely:- (c) \tin the case of death of the Judge before retirement, one-half of the gross pension which would have been admissible had the Judge retired on the date of his death; or (d)\tin the case of death of the Judge after but within 15 years of his retirement, one-half of the gross pension admissible to him on the date he actually retired. (3) Any Judge may, after retirement, opt to surrender the whole of his gross pension at a time and, on such option, he shall be entitled to- (a)\tfor the first one-half of the gross pension surrendered, the benefits mentioned in clause (b) of sub-section (1); and (b)\tfor the remaining one-half of the gross pension surrendered, fifty per cent of the benefits mentioned in clause (b) of sub-section (1): Provided that, if the Judge surrenders the whole of the gross pension at a time, he and, in the event of his death, his family, shall not be entitled to the benefit of the monthly pension mentioned in the said clause (b). (4) A Judge may, at any time before or after retirement nominate any one or more members of his family to receive the family pension either wholly or in such proportion as the Judge may specify. (5) In the absence of any nomination under sub-section (4), the proportion of the family pension receivable by the members of the family, if there are more members than one, shall be determined by the Chief Justice. Explanation.- In this section- (a)\t“family” means the spouse, and also the legitimate children of the Judge solely dependent upon him; (b)\t“gross pension” means full pension admissible to a Judge before any portion thereof is surrendered or commuted; and (c)\t“retarded child” means a son or daughter of any age in respect of whom a certificate has been issued by a registered medical practitioner to the effect that because of physical or mental infirmity the child is incapable of earning livelihood for himself or herself or for members of his or her family and the certificate is countersigned by an officer of the Supreme Court authorised in this behalf by the Chief Justice.",
"name": "Gratuity and family pension",
"related_acts": "",
"section_id": 22
},
{
"act_id": 627,
"details": "22. No provision of this part shall apply to a Judge, who, immediately before the commencement of this Ordinance, was holding office as such and who, within a period of three months from such commencement, exercises in writing communicated to the Accountant General, Bangladesh, his option to be governed by the provisions relating to pensions and gratuities applicable to him immediately before such commencement.",
"name": "Option for existing benefits",
"related_acts": "",
"section_id": 23
},
{
"act_id": 627,
"details": "23. Subject to the provisions of this Ordinance and such other provisions as the 30President may make in this behalf, the other privileges and rights of a Judge 31or a person entitled to any benefit under this Ordinance shall be determined by the rules or other similar instrument for the time being applicable to an officer appointed by the 32President and holding the rank of Secretary to the Government: Provided that nothing in this section shall have effect so as to give to a Judge who is a member of a civil service less favourable terms in respect of his conditions of service than those to which he would have been entitled as member of such service if he had not been appointed as a Judge, his service as Judge being treated as service for the purpose of determining those privileges and rights.",
"name": "Subsidiary conditions of service",
"related_acts": "",
"section_id": 24
},
{
"act_id": 627,
"details": "24. The High Court Judges (Leave, Pension and Privileges) Order, 1970 (P. O. No. 9 of 1970), and the Supreme Court Judges (Leave, Pension and Privileges) Order, 1968 (P.O. No. 1 of 1968), are hereby repealed.",
"name": "Repeal",
"related_acts": "",
"section_id": 25
}
],
"text": "An Ordinance to provide for the leave, pension and privileges of the Judges of the Supreme Court. WHEREAS is expedient to provide for the leave, pension and privileges of the Judges of the Supreme Court and for matters connected therewith; NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the Chief Martial Law Administrator is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 628,
"lower_text": [],
"name": "The Emigration Ordinance, 1982",
"num_of_sections": 29,
"published_date": "7th September, 1982",
"related_act": [
98,
75,
628,
437
],
"repelled": true,
"sections": [
{
"act_id": 628,
"details": "1. (1) This Ordinance may be called the Emigration Ordinance, 1982. (2) It applies to all citizens of Bangladesh wherever they may be. (3) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint; and different dates may be appointed for different provisions of this Ordinance.",
"name": "Short title, application and commencement",
"related_acts": "628",
"section_id": 1
},
{
"act_id": 628,
"details": "2. (1) In this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“citizen” means a citizen of the People's Republic of Bangladesh; (b)\t“demand” means any requirement or offer for employment of workers by a foreign or Bangladeshi employer, having any project or contract or establishment abroad, which is supported by visa instructions or work permit from the competent Government authority of the country of employment; (c)\t“depart” and “departure” means the departure out of Bangladesh of any person for employment by any foreign or Bangladeshi employer or for self-employment by any means; (d)\t“dependent” means any woman or child who is related to an emigrant and any aged or incapacitated relative of an emigrant; (e)\t“emigrant” means any person who emigrates or is assisted to emigrate or has emigrated under this Ordinance and includes any dependent of an emigrant; (f)\t“emigrate” and “emigration” means the departure by sea, air or land out of Bangladesh of any person for the purpose or with the intention of working for wages or engaging in any trade, profession or calling in any country beyond the limits of Bangladesh; (g)\t“licence” means a document issued by the Government authorising a person or an entity to operate as recruiting agent for employment abroad; (h)\t“newspaper” shall have the same meaning as defined in the Printing Presses and Publications (Declaration and Registration) Act, 1973 (XXIII of 1973); (i)\t“overseas employment” means employment of a citizen outside Bangladesh; (j)\t“prescribed” means prescribed by rules made under this Ordinance; (k)\t“recruiting agent” means a person licensed under section 10; (l)\t“recruit” means issuing a letter of appointment signing contracts for employment abroad by a foreign or Bangladeshi employer, making preliminary arrangements for selecting persons for employment abroad through advertisement, publicity, letter, preparation of panel, verbally or in writing, and any other steps towards furtherance of the objectives of the employment of a citizen abroad; (m)\t“Registrar” means a Registrar of Emigrants appointed under this Ordinance; and (n)\t“rules” means rules made under this Ordinance. (2) In case of any doubt or dispute arising otherwise than in the course of any proceedings, as to whether a person is an emigrant within the meaning of this Ordinance, the question shall be determined by the Government and such determination shall be final.",
"name": "Definitions",
"related_acts": "437",
"section_id": 2
},
{
"act_id": 628,
"details": "3. (1) The Government may appoint a person to be a Registrar of Emigrants and define the area to which the authority of a Registrar so appointed shall extend. (2) Every Registrar shall be a public servant within the meaning of section 21 of the Penal Code (Act XLV of 1860).",
"name": "Appointment of Registrar of Emigrants",
"related_acts": "",
"section_id": 3
},
{
"act_id": 628,
"details": "4. Every Registrar shall, in addition to the duties assigned to him by or under this Ordinance, perform such functions as may be assigned to him by the Government.",
"name": "Duties and functions of the Registrar",
"related_acts": "",
"section_id": 4
},
{
"act_id": 628,
"details": "5. The Government may, for the purpose of safeguarding the interest of emigrants and promoting overseas employment, appoint persons to be agents in any place outside Bangladesh and may define their powers and duties.",
"name": "Agents in foreign countries",
"related_acts": "",
"section_id": 5
},
{
"act_id": 628,
"details": "6. The Government may authorise any authority subordinate to it to- (a)\tpromote emigration of citizens; (b)\tcontract and regulate such emigration; and (c)\tlook after the interest and welfare of emigrants at home and abroad.",
"name": "Delegation of certain authority",
"related_acts": "",
"section_id": 6
},
{
"act_id": 628,
"details": "7. (1) Emigration for overseas employment shall not be lawful from any port or place except from such ports or places as the Government may, by notification in the official Gazette, declare to be ports or places from which such emigration is lawful. (2) No person shall, unless he possesses a valid demand, recruit or attempt to recruit any citizen for overseas employment except in accordance with the provisions of this Ordinance and the rules made thereunder. (3) Notwithstanding anything contained in any other law for the time being in force, emigration of a citizen shall be lawful, if he is in possession of valid travel documents with registration endorsement under sub-section (4) of section 11, and- (a)\the is in possession of a letter of appointment or a work permit from a foreign employer, or an employment or emigration visa from a foreign Government; or (b)\the has been selected for emigration by a foreign employer through an organisation or authority or by a recruiting agent, recognised by the Government in this behalf or under an agreement or treaty between the Government and a foreign Government.",
"name": "Regulation for emigration",
"related_acts": "",
"section_id": 7
},
{
"act_id": 628,
"details": "8. (1) If the Government, having regard to the occupation, profession, vocation or qualification of any person or class of persons is satisfied that emigration of such person or class of persons is not in the public interest, it may, by order, prohibit the emigration of such person or class of persons and thereupon the departure of such person or class of persons otherwise than in accordance with such order shall not be lawful. (2) Notwithstanding the provisions of sub-section (1), where the Government has reason to believe that sufficient grounds exist for prohibiting emigration of any person or any class of persons to any country, it may, by notification in the official Gazette, declare that emigration of such person or class of persons to that country shall cease to be lawful from a date specified in the notification; and from that date such emigration to that country shall accordingly cease to be lawful.",
"name": "Power to prohibit emigration of workers",
"related_acts": "",
"section_id": 8
},
{
"act_id": 628,
"details": "9. (1) No person or organisation shall, except with the prior permission of the Government or any authority designated, recruit or attempt to recruit a citizen for overseas employment or issue an advertisement or publish any material or hold any interview or examination for such recruitment for the purpose of emigration. (2) No newspaper shall publish any advertisement for employment abroad unless it is satisfied that the same is intended to be issued with the Government approval or clearance.",
"name": "Prohibition of advertisement, etc.",
"related_acts": "",
"section_id": 9
},
{
"act_id": 628,
"details": "10. (1) Whoever desires to engage, or to recruit, or to assist, any person to emigrate shall apply to the Government, for licence at such time and in such manner, and shall, with his application, furnish such information and documents and pay such security and fee as may be prescribed. (2) On receiving an application under sub-section (1), the Government may, after such enquiry regarding the character, antecedents and solvency of the applicant as it may consider necessary, grant the licence applied for on such terms and conditions, if any, as may be prescribed, or reject the application for licence. (3) The decision of the Government under sub-section (2), shall be final and shall not be questioned in any Court of law. (4) A licence under this section may be issued in favour of a citizen or in favour of a corporation, company, partnership firm or any other entity, if- (a)\tin the case of corporation or company, at least sixty per cent of the stock of the corporation or the company, and (b)\tin the case of a partnership firm or any other entity, at least sixty per cent of the capital or proprietary right of the firm or the entity, is owned or controlled by Bangladeshi citizens.",
"name": "Grant of licence",
"related_acts": "",
"section_id": 10
},
{
"act_id": 628,
"details": "11. (1) Before any person departs from Bangladesh, the person by whom he has been engaged or assisted shall appear in person or by his duly authorised agent before the Registrar and furnish such information regarding terms of his engagement or contract, and such other matters concerning his selection as may be prescribed. (2) If the person departing from Bangladesh is directly appointed or recruited by a foreign Government or organisation or agency or by other foreign employers, such person shall furnish required information to the Registrar. (3) If the Registrar is satisfied that the terms of agreement under which a person has been engaged or assisted are in conformity with the terms on the basis of which the licence to recruit was granted, he shall register in a book to be kept for the purpose such particulars concerning the person engaged or assisted and his dependants, if any, and the person engaging or assisting him in such form as may be prescribed. (4) Registration of persons departing Bangladesh shall be endorsed on their passports by the Registrar.",
"name": "Appearance of emigrants before the Registrar, etc",
"related_acts": "",
"section_id": 11
},
{
"act_id": 628,
"details": "12. An emigrant residing abroad and who has not been registered under this Ordinance shall get himself registered with such Labour Attach├® or, in his absence, with any such other officer as may be specified by the Government in this behalf and such registration shall be reported to the Registrar.",
"name": "Registration of emigrants residing abroad",
"related_acts": "",
"section_id": 12
},
{
"act_id": 628,
"details": "13. (1) No licence shall be used, directly or indirectly, by any person other than the person in whose favour it was issued or at any place other than the place mentioned in the licence nor shall the licence be transferred, conveyed or assigned to any person or entity. (2) No transfer of the business address or designation of any agent or representative mentioned in the licence shall be made without prior approval of the Government.",
"name": "Non-transferability of licence or authority",
"related_acts": "",
"section_id": 13
},
{
"act_id": 628,
"details": "14. (1) If, at any time during the pendency of a licence, the Government is satisfied, after making such enquiry as it may deem necessary, that the licensee has been guilty of misconduct or that his conduct or performance as a licensee has been unsatisfactory or that he has violated any of the provisions of this Ordinance or the rules made thereunder or the prescribed Code of Conduct, it may, after giving the licensee an opportunity of being heard, by order in writing, cancel the licence or suspend it for a period to be specified in the order and may also forfeit the security furnished by him under section 10 in full or in part. (2) The security money forfeited under sub-section (1) may be- (a)\tpaid to an affected person, or (b)\tutilised for repatriating of any stranded person in foreign country or for such other purpose as the Government may deem appropriate in the public interest. (3) On expiry of the period for which the licence is granted or on the intimation by the licensee that he does not intend to continue to act as a recruiting agent and on being satisfied that no ground for forfeiting the security in whole or in part exists, the Government may order the refund of the security or part thereof to the person by whom it was furnished or to his authorised representative.",
"name": "Cancellation, suspension, forfeiture of security, etc.",
"related_acts": "",
"section_id": 14
},
{
"act_id": 628,
"details": "15. Notwithstanding anything to the contrary contained in this Ordinance, if, at any time, the Government is satisfied that it is necessary in the public interest to discontinue the practice of granting licence to recruiting agents, it may, by notification in the official Gazette, withdraw all licences granted under section 10.",
"name": "Power to withdraw licence",
"related_acts": "",
"section_id": 15
},
{
"act_id": 628,
"details": "16. The decisions of the Government under sections 14 and 15 shall be final and shall not be questioned in any Court of law.",
"name": "Decision under sections 14 and 15 to be final",
"related_acts": "",
"section_id": 16
},
{
"act_id": 628,
"details": "17. The Government may, for the enforcement of the provisions of this Ordinance and the rules made thereunder, appoint such officers as it may deem fit and an officer so appointed may- (a)\tenter into any office or premise maintained or used by any person or entity in connection with the recruitment of emigrants for overseas employment; (b)\trequire and enforce the production of any books of accounts and records maintained by such person or entity and inspect such books of accounts and records; and (c)\texamine such person or entity and obtain from him or it statement in writing in this behalf.",
"name": "Inspection, etc., to ensure compliance with the provisions of this Ordinance",
"related_acts": "",
"section_id": 17
},
{
"act_id": 628,
"details": "18. All the powers for the time being conferred by law on officers of customs with regard to the searching and detention of vessels may be exercised for the prevention of offences under this Ordinance by any such officer or by any officer authorised by the Government in this behalf.",
"name": "Power to search and detain vessels",
"related_acts": "",
"section_id": 18
},
{
"act_id": 628,
"details": "19. (1) The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- (a)\tpowers and duties of officers appointed by the Government under the Ordinance; (b)\tthe licensing, supervision and control of persons engaged in recruiting persons for overseas employment or causing or assisting persons to emigrate and in the conveyance and accommodation of emigrants, and the prohibition of unlicensed persons from being so engaged; (c)\tthe establishment, supervision and regulation of any place of accommodation provided for emigrants and for their medical care while resident there; (d)\tthe forms to be maintained and the returns to be submitted by persons licensed in accordance with the rules made under clause (b); (e)\tthe manner of inspection of premises, books of accounts and records of any person or entity connected with recruitment of emigrants for overseas employment; (f)\tthe information to be furnished by recruiting agents to emigrants and the language in which such information is to be furnished; (g)\tappearance of emigrants before the Registrar and furnishing information under section 11; (h)\tfees to be paid by a recruiting agent to the Registrar for each emigrant departing Bangladesh; (i)\tsetting up training, orientation and briefing centres to guide and advise intending emigrants and their dependants proceeding abroad; (j)\trecall and repatriation, in the public interest, of an emigrant; (k)\tmeasures to be adopted for the welfare of emigrants and their dependants; (l)\tdisposal of complaints against recruiting agents; (m)\tformation of an association of recruiting agents and framing of Code of Conduct to be observed by recruiting agents; (n)\tservice charge to be paid to a recruiting agent; (o)\tdepositing of fees and securities by a recruiting agent; (p)\tprocedure for sending of emigrants by persons possessing secured contract or sub-contract for the purpose; (q)\tthe security, well-being and protection of emigrants; and (r)\tfees receivable from persons recruited and going abroad for employment.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 19
},
{
"act_id": 628,
"details": "20. (1) Whoever, except in conformity with the provisions of this Ordinance and the rules made thereunder, emigrates or attempts to emigrate or departs or attempts to depart shall be punishable with imprisonment for a term which may extend to one year simple imprisonment or with fine not exceeding Taka five thousand or with both. (2) Whoever, except in conformity with the provisions of this Ordinance or the rules made thereunder,- (a)\tmakes or attempts to make, any agreement with any person purporting to bind that person, or any other person, to emigrate, or (b)\tcauses or assists, or attempts to cause or assist any person to emigrate or depart or to attempt to emigrate or depart or to leave any place for the purpose of emigrating or departing, or (c)\tcauses any person engaged, assisted or recruited by him, after grant of the licence under section 10 to depart without appearing before the Registrar as required under section 11, or (d)\tfurnishes or publishes information or notice or document in relation to recruitment for employment abroad, or (e)\tsubstitutes or alters any employment contract approved and verified by the Registrar, or (f)\twithholds or denies travel documents from a prospective emigrant for monetary or financial consideration other than those authorised under this Ordinance, shall be punishable with rigorous imprisonment for a term which may extend to five years, or with fine, or with both. (3) When in the course of any proceeding in connection with emigration in which a recruiting agent or a person or an organisation is concerned, a breach of the provisions of this Ordinance or the rules made thereunder is committed, such agent or, as the case may be, person or organisation shall be liable to the punishment provided by sub-section (2), unless he proves that he was not responsible for and could not have prevented the commission of the breach. (4) A person who recruits a citizen or holds an interview or examination or issues an advertisement for such recruitment in contravention of the provisions of section 9 shall be liable to the punishment provided by sub-section (2).",
"name": "Unlawful emigration",
"related_acts": "",
"section_id": 20
},
{
"act_id": 628,
"details": "21. Whoever, by means of intoxication, coercion or fraud, causes or induces, or attempts to cause or induce, any person to emigrate, or enter into an agreement to emigrate, or leave any place with a view to emigrating, shall be punishable with imprisonment for a term which may extend to five years, or with fine, or with both.",
"name": "Fraudulently inducing to emigrate",
"related_acts": "",
"section_id": 21
},
{
"act_id": 628,
"details": "22. Whoever falsely represents that any emigrant is required by the Government or is to be engaged on behalf of the Government, shall be punishable with imprisonment for a term which may extent to five years, or with fine, or with both.",
"name": "False representation of Government authority",
"related_acts": "",
"section_id": 22
},
{
"act_id": 628,
"details": "23. Whoever for providing or securing, or on the pretext of providing or securing, to or for any person, employment in any country beyond the limits of Bangladesh- (a)\tbeing a recruiting agent, charges any fee in addition to the prescribed amount; (b)\tnot being a recruiting agent, demands or receives or attempts to receive, for himself or for any other person any money or other valuable thing; shall be punishable with imprisonment for a term which may extend to five years, or with fine, or with both.",
"name": "Receiving money, etc., for providing foreign employment",
"related_acts": "",
"section_id": 23
},
{
"act_id": 628,
"details": "24. Whoever contravenes the terms of the agreement with his foreign employer by abandoning his employment or otherwise, shall, after the repatriation to Bangladesh, be punishable with fine which may extend to five thousand Taka.",
"name": "Penalty for contravention of agreement",
"related_acts": "",
"section_id": 24
},
{
"act_id": 628,
"details": "25. (1) The amount of expenditure, if any, incurred by the Government for repatriation to Bangladesh of a person who is convicted of an offence punishable under sub-section (1) of section 20 or section 24, shall be recoverable from such person in accordance with the provisions of the Public Demands Recovery Act, 1913 (Ben. Act III of 1913). (2) The Government may recover the amount involved in an offence under section 21 in accordance with the provisions of the Public Demands Recovery Act, 1913 (Ben. Act III of 1913) and the amount so recovered shall be paid to the person who had paid it.",
"name": "Recovery of expenditure for repatriation, etc.",
"related_acts": "98,98",
"section_id": 25
},
{
"act_id": 628,
"details": "26. (1) The Government may, by notification in the official Gazette, establish as many special Courts as it considers necessary for trial of offences under this Ordinance and, where it establishes more than one special Court, shall specify in the notification the headquarters of each special Court and the territorial limits within which it shall exercise jurisdiction under this Ordinance. (2) A special Court shall consist of a person who is the Chairman of a Labour Court established under the Industrial Relations Ordinance, 1969 (XXIII of 1969). (3) A special Court shall take cognizance of, and have jurisdiction to try, an offence punishable under this Ordinance only upon a complaint in writing made by such person as the Government may, by a general or special order, authorise in this behalf. (4) A special Court trying an offence under this Ordinance shall try such offence summarily and in trying such offences, such special Court shall follow the procedure laid down in the Code of Criminal Procedure, 1898 (Act V of 1898) for summary trial.",
"name": "Special Courts",
"related_acts": "75",
"section_id": 26
},
{
"act_id": 628,
"details": "27. No suit, prosecution or other legal proceeding shall lie against the Government, Registrar or any person for anything in good faith done or intended to be done under this Ordinance.",
"name": "Indemnity",
"related_acts": "",
"section_id": 27
},
{
"act_id": 628,
"details": "28. This Ordinance shall not apply to the departure of a person- (a)\twho is not a citizen of Bangladesh, or (b)\twho is in the service of the Republic or of a local authority and is proceeding on duty, or on training, or leave, or for employment with any international organisation, with the permission of the Government, or (c)\twho is engaged as a member of the crew on board a foreign-going vessel, or (d)\twho is a dependent of a citizen already resident or employed in a foreign country and is on a temporary visit to Bangladesh.",
"name": "28.\tOrdinance not to apply to certain persons",
"related_acts": "",
"section_id": 28
},
{
"act_id": 628,
"details": "29. (1) The Emigration Act, 1922 (VII of 1922), shall stand repealed in relation to any provision in respect of which this Ordinance comes into force. (2) Notwithstanding such repeal,- (a)\tanything done or any action taken or any rule made or any notification issued or any proceeding commenced under the provisions of the said Act, shall, in so far as it is not inconsistent with the provisions of this Ordinance, be deemed to have been done, taken, made, issued or commenced, as the case may be, under the corresponding provision of this Ordinance; and (b)\tall cases pending before any Court immediately before the commencement of this Ordinance shall be tried and disposed of by such Court, and all matters in connection with such cases shall be regulated in accordance with the provisions of the said Act, as if the said Act had not been repealed by this Ordinance.",
"name": "Repeal and savings",
"related_acts": "",
"section_id": 29
}
],
"text": "An Ordinance to repeal and, with certain amendments, re-enact the Emigration Act, 1922. WHEREAS it is expedient to repeal and, with certain amendments, re-enact the Emigration Act, 1922 (VII of 1922), for the purposes hereinafter appearing; NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the Chief Martial Law Administrator is pleased to make and promulgate the following Ordinance:"
} |
{
"id": 629,
"lower_text": [],
"name": "The Bangladesh Veterinary Practitioners Ordinance, 1982",
"num_of_sections": 24,
"published_date": "7th September, 1982",
"related_act": [
24,
629
],
"repelled": true,
"sections": [
{
"act_id": 629,
"details": "1. This Ordinance may be called the Bangladesh Veterinary Practitioners Ordinance, 1982.",
"name": "Short title",
"related_acts": "629",
"section_id": 1
},
{
"act_id": 629,
"details": "2. In this Ordinance unless there is anything repugnant in the subject or context,- (a)\t“Council” means the Bangladesh Veterinary Council constituted under this Ordinance; (b)\t“member” means a member of the Council; (c)\t“Prescribed” means prescribed by regulations made under this Ordinance; (d)\t“President” means the President of the Council; (e)\t“recognised Veterinary qualification” means any of the veterinary qualification included in the schedule; (f)\t“register” means the register of veterinary practitioners maintained under this Ordinance; (g)\t“registered veterinary practitioners” means a person whose name is for the time being entered in the register; (h)\t“Registrar” means the person appointed as Registrar by the Council; and (i)\t“Veterinary Institution” means any Institution which trains for, or grants, or both trains for and grants, degrees, diplomas or licence in Veterinary Science",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 629,
"details": ". 3. (1) There shall be constituted a Council which shall consist of the following members, namely:- (a)\tthe Director of Livestock Services, ex-officio; (b)\tone Registered Veterinary Practitioner from each of the Administrative Divisions of Bangladesh, to be elected in the manner prescribed: Provided that the President shall have power to nominate a registered veterinary practitioner if no such practitioner is elected from any division under this clause; (c)\tone Registered Veterinary Practitioner, to be nominated by the Bangladesh Agricultural University; (d)\tthe Dean of the Faculty of Veterinary Science of the Bangladesh Agricultural University, ex-officio; (e)\tthe President of the Bangladesh Veterinary Association, ex-officio; (f)\tone member, belonging to the legal profession, to be nominated by the Chief Justice of Bangladesh; and (g)\tone member of the defence services possessing recognised veterinary qualification, to be nominated by the Bangladesh Army: Provided that for the constitution of the Council for the first time, all the members, other than the ex-officio members, shall be appointed by the Government. (2) The members shall elect a President from amongst themselves in such manner as may be prescribed: Provided that for the constitution of the Council for the first time, the President shall be appointed by the Government.",
"name": "Constitution of the Council",
"related_acts": "",
"section_id": 3
},
{
"act_id": 629,
"details": "4. The Council shall be a body corporate by the name of the Bangladesh Veterinary Council, having perpetual succession and common seal with power to acquire and hold property, both movable and immovable and to contract, and shall, by the said name, sue and be sued.",
"name": "Incorporation of the Council",
"related_acts": "",
"section_id": 4
},
{
"act_id": 629,
"details": "5. (1) The President shall hold office for a term not exceeding four years and not extending beyond the expiry of his term as member, and shall be eligible for re-election. (2) The President shall be deemed to have vacated office on the day the Council holds its meeting after its re-constitution. (3) The President may resign his office by notice in writing addressed to the Government and shall be deemed to have vacated office on such resignation being accepted by the Government. (4) A member, other than an ex-officio member, shall hold office for a term of four years from the date of his nomination or, as the case may be, election, or until his successor has been nominated or elected. (5) A member shall be eligible for re-election or, as the case may be, re-nomination. (6) A member, other than an ex-officio member shall vacate office if he- (a)\tresigns his office by notice in writing addressed to the President and the resignation is accepted by the President; (b)\tfails to attend three consecutive meetings of the Council without leave of absence granted by the Council; (c)\tremains out of Bangladesh for a continuous period exceeding one and a half year; (d)\tceases to represent the particular interest for which he was elected or, as the case may be, nominated. (7) Any casual vacancy in the office of member, including the President caused by death, resignation, removal or otherwise shall be filled by election or, as the case may be, nomination and the person so elected or nominated shall hold office for the unexpired period of the term of office of his predecessor.",
"name": "Term of office",
"related_acts": "",
"section_id": 5
},
{
"act_id": 629,
"details": "6. (1) The Council shall meet at least twice in a year at such time and place, and shall be summoned in such manner, as may be prescribed: Provided that until regulations are made, the President may call a meeting of the Council by sending notice to each member. (2) To constitute a quorum at a meeting of the Council not less than five members shall be present. (3) All meetings of the Council shall be presided by the President and in his absence, by a member who is a Registered Veterinary Practitioner elected by the members present at the meeting. (4) All questions at a meeting of the Council shall be decided by a majority of the members present and voting, and in the case of an equality of votes, the person presiding shall have a second or casting vote. (5) No act done by the Council shall be invalid merely on the ground of the existence of any vacancy in, or any defect in the constitution of, the Council.",
"name": "Meeting of the Council",
"related_acts": "",
"section_id": 6
},
{
"act_id": 629,
"details": "7. (1) The Council shall appoint a Registrar and such other officers and employees as it may consider necessary on such terms and conditions as may be prescribed. (2) The Registrar shall act as Secretary to the Council and shall, until another person is appointed as treasurer, also act as treasurer. (3) All persons appointed under this section shall be deemed to be public servants within the meaning of section 21 of the Penal Code (Act XLV of 1860).",
"name": "Appointment of officers, etc.",
"related_acts": "",
"section_id": 7
},
{
"act_id": 629,
"details": "8. (1) There shall be a fund of the Council to which shall be credited- (a)\tgrants and loans from the Government; (b\tregistration fees and other fees; (c)\tincome from investments and properties; (d)\taids and grants, if any, received from foreign countries with the prior approval of the Government. (2) The fund of the Council shall be utilised by the Council to meet the charges in connection with the functions of the Council and payment of salaries and allowances to its officers and employees. (3) The fund of the Council shall be kept in such bank or banks as may be approved by the Council. (4) The Council may invest its funds in such securities as may be approved by the Government.",
"name": "Fund of the Council",
"related_acts": "",
"section_id": 8
},
{
"act_id": 629,
"details": "9. (1) The Council shall maintain regular accounts of all moneys received and expended by it. (2) The accounts shall be audited every year by the Comptroller and Auditor-General of Bangladesh, hereinafter in this section referred to as the Auditor-General, in such manner as he deems fit. (3) For the purpose of an audit under sub-section (2), the Auditor-General or any person authorised by him in this behalf shall have access to all records, books, documents, cash, securities and other properties of the Council and may examine the President or any member officer or employee of the Council. (4) The Auditor-General shall, as soon as possible after the completion of the audit, send to the Council his audit report and the Council shall forward it, with its comments thereon, to the Government. (5) The Council shall take steps forthwith to remedy any defects or irregularities pointed out in the audit report.",
"name": "Accounts and audit",
"related_acts": "",
"section_id": 9
},
{
"act_id": 629,
"details": "10. (1) The Council shall, as soon as may be after its constitution, arrange for the registration of veterinary practitioners and, for that purpose, shall, by notification in the official Gazette and publishing notice in at least two daily newspapers of wide circulation, one in the Bengali Language and the other in the English Language, appoint a date on or before which applications for registration of names shall be made by veterinary practitioners possessing recognised veterinary qualification. (2) The names and addresses, the recognised veterinary qualification together with the dates on which such qualifications were acquired and the dates of registration of all veterinary practitioners registered under this Ordinance shall be entered in a register to be maintained by the Council for the purpose.",
"name": "Register of Veterinary Practitioner",
"related_acts": "",
"section_id": 10
},
{
"act_id": 629,
"details": "11. (1) The Registrar shall maintain the register in such from and in such manner as may be prescribed and shall make form time to time such entries, corrections, alterations and modifications in the entries therein as may be necessary or as may be directed by the Council. (2) The Registrar may, for the purpose of carrying out his duties imposed under sub-section (1), call for any information he may require from any registered veterinary practitioner or a veterinary practitioner applying for registration.",
"name": "Custody and maintenance of register",
"related_acts": "",
"section_id": 11
},
{
"act_id": 629,
"details": "12. (1) Every person possessing a recognised veterinary qualification may, subject to the provisions of this Ordinance and on payment of such fees as may be prescribed, apply to the Council to have his name entered in the register. (2) Every person making an application under sub-section (1) shall- (a)\tsatisfy the Council that he is in possession of a recognised veterinary qualification; (b)\tspecify in his application the date on which he acquired the qualification which entitles him to claim registration; and (c)\tfurnish such other information as the Council may require for the purpose of registration.",
"name": "Persons entitled to be registered",
"related_acts": "",
"section_id": 12
},
{
"act_id": 629,
"details": "13. (1) The Council may on being satisfied that a person applying for registration possesses a recognised veterinary qualification and has paid the prescribed fee, allow the application and direct the Registrar to enter his name in the register. (2) The Registrar shall, on the registration of the person's name, give him a certificate of registration signed by him and countersigned by the President. (3) The Council may after giving the person concerned an opportunity of being heard, refuse to permit the registration, or cancel the registration of the name of any person,- (a) \twho has been convicted by any Court for any offence involving moral turpitude; (b)\twhom the Council, after due enquiry, finds guilty of infamous conduct in his professional capacity. (4) The Council may, on its own motion or upon an application made to it by any person, direct, after giving the person concerned an opportunity of being heard- (a)\tfor the purpose of rectification of any error, amendment or any entry in the register; (b)\tcancellation of any registration which has been fraudulently made or effected. (5) Where the name of a registered veterinary practitioner is removed for any reason under this Ordinance, the Council may, on its own motion or upon an application made to it by the concerned veterinary practitioner, allow the name of the veterinary practitioner to be registered again in the register. (6) The Registrar shall by letter sent by registered post inform the veterinary practitioner of his registration, any amendment or cancellation of his registration or restoration of his name in the register. (7) If any person whose name is entered in the register obtains any recognised veterinary qualification other than the qualification in respect of which his name has been registered, he shall, on payment of such fee as may be prescribed, be entitled to have such additional qualification entered against his name in the register either in substitution of or in addition to, any entry previously made.",
"name": "Registration",
"related_acts": "",
"section_id": 13
},
{
"act_id": 629,
"details": "14. If any person is dissatisfied with the decision of the Council refusing or cancelling the registration of his name or directing the correction or cancellation of any entry in the register, he may, at any time within sixty days from the date of such decision and on payment of such fees as may be prescribed, prefer an appeal to the Government and the decision of the Government shall be final.",
"name": "Appeal",
"related_acts": "",
"section_id": 14
},
{
"act_id": 629,
"details": "15. The Government, after consultation with the Council, may, if it thinks fit, by notification in the official Gazette amend the schedule so as to include therein, or omit therefrom, any veterinary qualification granted by any veterinary institution.",
"name": "Amendment of the Schedule",
"related_acts": "",
"section_id": 15
},
{
"act_id": 629,
"details": "16. The Council shall have power to call on the authorities of any veterinary institution in Bangladesh to furnish such particulars as the Council may require of any courses of study and examinations to be undergone in order to obtain the degree, diploma or licence granted by that veterinary institution, as to the minimum age at which such courses of study can be undertaken, examinations required to be undergone prior to such degree, diploma or licence being granted, and generally as to the requisites for obtaining such degree, diploma or licence.",
"name": "Power to call for information, etc.",
"related_acts": "",
"section_id": 16
},
{
"act_id": 629,
"details": "17. On receipt of any reliable information regarding the death of any registered veterinary practitioner, the Registrar shall, after making such enquiry as he deems fit, remove the name of the deceased from the register.",
"name": "Notice of deaths and removal of names from register",
"related_acts": "",
"section_id": 17
},
{
"act_id": 629,
"details": "18. (1) The Registrar shall once in every four years, on or before such date as may be determined by the Council, cause to be published in the official Gazette a list in alphabetical order the names of all persons who are registered in the register together with their addresses and recognised veterinary qualification and the date on which such qualifications were obtained. (2) The Registrar shall also cause to be published in the official Gazette in the month of January every year an annual supplement to the list published under sub-section (1) showing therein the additions, alternations or corrections made in the entries in the register during the preceding year. (3) The Register shall be deemed to be a public document within the meaning of the Evidence Act, 1872 (I of 1872).",
"name": "Publication of and presumption as to entries in the list of registered \tveterinary practitioners",
"related_acts": "24",
"section_id": 18
},
{
"act_id": 629,
"details": "19. (1) Every registered veterinary practitioner shall inform the Council any change of his address within sixty days of such change and, on receipt of the information, the Registrar shall make the necessary corrections in the register. (2) No registered veterinary practitioner shall use or publish in any way whatsoever any name, title, description or symbol indicating or calculated to lead persons to infer that he possesses any recognised veterinary qualification higher than that he or other professional qualification unless the same has been conferred upon him by a legally constituted authority within or outside Bangladesh.",
"name": "Responsibility of Registered Veterinary Practitioner",
"related_acts": "",
"section_id": 19
},
{
"act_id": 629,
"details": "20. (1) Notwithstanding anything to the contrary contained in any other law for the time being in force, no one, other than a registered veterinary practitioner, shall be competent to hold any veterinary appointment in a veterinary institution, hospital, dispensary or abattoir maintained or aided by the Government or any local authority. (2) Notwithstanding anything contained in any other law for the time being in force, no certificate required by any such law to be signed by a veterinary practitioner shall be valid unless it is signed by a registered veterinary practitioner. (3) No person shall be entitled to recover any fee or nichargeany Court for any veterinary advice or attendance, or for the performance of any operation, or for any medicine supplied, unless he shall prove upon the trial that he is a duly registered veterinary practitioner.",
"name": "Privileges of registered veterinary practitioner",
"related_acts": "",
"section_id": 20
},
{
"act_id": 629,
"details": "21. (1) Notwithstanding anything to the contrary contained in any other law for the time being in force, no one, other than a registered veterinary practitioner, shall practise, or hold himself out as practising, the veterinary medicine or surgery. (2) Whoever, after the date fixed in this behalf by notification in the official Gazette by the Council, contravenes the provision of sub-section (1) shall be punishable with fine which may extend to Taka five hundred; (3) The provisions of sub-section (1) shall not apply to any person who performs any of the following acts, namely:- (a)\t\tRendering to any animal first aid for the purpose of saving life or relieving pain; (b)\t\tdestruction of any animal by painless method; (c)\t\tcastration of any animal or caponising of any poultry or bird; (d)\t\tdocking of the cattle or dog before its eyes are open; (e)\t\tamputation of the claws of a dog before its eyes are open; (f)\t\tinoculation or vaccination of any animal, poultry or bird",
"name": "21.\tPersons not registered under the Ordinance not to practise",
"related_acts": "",
"section_id": 21
},
{
"act_id": 629,
"details": "22. For the purpose of any enquiry under this Ordinance, the Council shall be deemed to be a Court within the meaning of Evidence Act, 1872 and shall exercise all the powers of a Commissioner appointed under the Public Servant's (Inquiries) Act, 1850 (XXXVII of 1850).",
"name": "Proceedings in inquiries",
"related_acts": "24",
"section_id": 22
},
{
"act_id": 629,
"details": "23. No suit, prosecution or other legal proceedings shall be against the Council or any officer or employee thereof for anything which is in good faith done or intended to be done under this Ordinance.",
"name": "Indemnity",
"related_acts": "",
"section_id": 23
},
{
"act_id": 629,
"details": "24. The Council may, with the previous approval of the Government, make regulations for the purpose of giving effect to the provisions of this Ordinance.",
"name": "Power to make regulations",
"related_acts": "",
"section_id": 24
}
],
"text": "An Ordinance to make provision for the regulation, control and registration of Veterinary practitioners in Bangladesh and for the constitution of a Veterinary Council and for matters connected therewith. WHEREAS it is expedient to make provision for the regulation, control and registration of veterinary practitioners in Bangladesh and for the constitution of a Veterinary Council and for matters connected therewith; NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the Chief Martial Law Administrator is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 630,
"lower_text": [],
"name": "The Foreign Contributions (Regulation) Ordinance, 1982",
"num_of_sections": 5,
"published_date": "8th September, 1982",
"related_act": [
630
],
"repelled": true,
"sections": [
{
"act_id": 630,
"details": "1. This Ordinance may be called the Foreign Contributions (Regulation) Ordinance, 1982.",
"name": "Short title",
"related_acts": "630",
"section_id": 1
},
{
"act_id": 630,
"details": "2. The provisions of this Ordinance shall have effect notwithstanding anything to the contrary contained in any other law for the time being in force or in any contract or agreement.",
"name": "Ordinance to override all other laws",
"related_acts": "",
"section_id": 2
},
{
"act_id": 630,
"details": "3. In this Ordinance, unless there is anything repugnant in the subject or context, “foreign contribution” means any donation, grant or assistance, whether in cash or in kind, including a ticket for journey abroad, made by any Government, organisation or citizen of foreign state.",
"name": "Definition",
"related_acts": "",
"section_id": 3
},
{
"act_id": 630,
"details": "4. (1) No citizen of, or organisation in, Bangladesh shall receive any foreign contribution without the prior permission of the Government. (2) No Government, organisation or citizen of a foreign state shall make any donation, grant or assistance, whether in cash or in kind, including a ticket for journey abroad, to any citizen of, or organisation in, Bangladesh without the prior permission of the Government. (3) Nothing in this section shall apply to an organisation established by or under any law or the authority of the Government.",
"name": "Receipt of foreign contribution without permission prohibited",
"related_acts": "",
"section_id": 4
},
{
"act_id": 630,
"details": "5. (1) Whoever receives or makes any foreign contribution in contravention of the provisions of section 4 shall be punishable with imprisonment for a term which may extend to six months, or with fine not exceeding two times the amount or value of the contribution, or with both. (2) No Court shall take cognizance of an offence under this Ordinance except on a complaint made by the Government or any officer authorised by it in this behalf.",
"name": "Penalty, etc",
"related_acts": "",
"section_id": 5
}
],
"text": "An Ordinance to regulate receipt of foreign contributions. WHEREAS it is expedient to regulate receipt of foreign contributions; NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the Chief Martial Law Administrator is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 631,
"lower_text": [],
"name": "The Attia Forest (Protection) Ordinance, 1982",
"num_of_sections": 4,
"published_date": "11th September, 1982",
"related_act": [
144,
631
],
"repelled": false,
"sections": [
{
"act_id": 631,
"details": "1. This Ordinance may be called the Attia Forest (Protection) Ordinance, 1982.",
"name": "Short title",
"related_acts": "631",
"section_id": 1
},
{
"act_id": 631,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context, “Court” means a civil, criminal or revenue Court and includes the High Court Division and the Appellate Division.",
"name": "Definition",
"related_acts": "",
"section_id": 2
},
{
"act_id": 631,
"details": "3. Notwithstanding anything contained to the contrary in the Forest Act, 1927 (XVI of 1927), or in any other law for the time being in force, or in any judgment, decree or order, the lands comprising of 59,648.70 acres constituting a reserved forest known as the Attia Forest under Notifications mentioned in the Schedule shall, notwithstanding any defect in such constitution or Notifications, be deemed to have been validly constituted a reserved forest and the Notifications so issued shall be deemed to have had effect accordingly.",
"name": "Constitution of reserved forest",
"related_acts": "144",
"section_id": 3
},
{
"act_id": 631,
"details": "4. (1) The constitution of Reserved forest as is referred to in section 3 shall not be called in question on any ground whatsoever before any Court. (2) All suits, appeals, petitions, applications, and other legal proceedings pending immediately before the commencement of this Ordinance in any Court against the Government or any of its officers in which the constitution of the reserved forest or the Notification as are referred to in section 3 has been called in questions in any manner whatsoever shall abate forthwith and shall not be further proceeded with.",
"name": "Abatement of legal proceedings",
"related_acts": "",
"section_id": 4
}
],
"text": "An Ordinance to make provision for the protection of the Attia Forest in the districts of Dacca and Tangail. WHEREAS it is expedient to make provisions for the protection of the Attia Forest in the districts of Dacca and Tangail; NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the Chief Martial Law Administrator is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 632,
"lower_text": [],
"name": "The Public Employees Discipline (Punctual Attendance) Ordinance, 1982",
"num_of_sections": 10,
"published_date": "14th September, 1982",
"related_act": [
632
],
"repelled": true,
"sections": [
{
"act_id": 632,
"details": "1. This Ordinance shall be called the Public Employees Discipline (Punctual Attendance) Ordinance, 1982",
"name": "Short title",
"related_acts": "632",
"section_id": 1
},
{
"act_id": 632,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a) “authority” means the appointing authority or an officer or authority designated by it to exercise the powers of authority under this Ordinance; (b) “public employee” means a person in the service of the Republic or in the employment of any statutory body.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 632,
"details": "3. This Ordinance shall have effect notwithstanding anything contained in any law, rules or regulations relating to public employees or in the conditions of service of any public employee.",
"name": "Ordinance to override other laws, etc.",
"related_acts": "",
"section_id": 3
},
{
"act_id": 632,
"details": "4. If a public employee without prior permission from his higher authority proceeds on leave or absents himself from work, the authority shall deduct an amount equivalent to his basic pay for one day for each day of absence.",
"name": "Penalty for absence from work without permission",
"related_acts": "",
"section_id": 4
},
{
"act_id": 632,
"details": "5. If a public employee without prior permission from his higher authority leaves his office during the office hours, the authority shall deduct an amount equivalent to his basic pay for one day for each such occasion.",
"name": "Penalty for leaving office without permission",
"related_acts": "",
"section_id": 5
},
{
"act_id": 632,
"details": "6. If a public employee comes late to his office, the authority shall deduct an amount equivalent to his basic pay for one day for each two days of late attendance.",
"name": "Penalty for late attendance",
"related_acts": "",
"section_id": 6
},
{
"act_id": 632,
"details": "7. If a public employee is found to have committed within a period of thirty days, any of the offences mentioned in section 4 or 5 or 6 for more than once, the authority may deduct an additional amount equivalent to his basic pay for seven days.",
"name": "Penalty for repeated offence",
"related_acts": "",
"section_id": 7
},
{
"act_id": 632,
"details": "8. In the event of any deduction from the pay of any public employee being ordered under section 4 or 5 or 6 or 7, the public employee concerned may represent within forty eight hours to the authority for a revision of the order, whereupon the authority after such hearing as he thinks fit, may revise, set aside or confirm his order.",
"name": "Representation",
"related_acts": "",
"section_id": 8
},
{
"act_id": 632,
"details": "9. No consultation with the Public Service Commission shall be necessary on any matter under this Ordinance.",
"name": "Consultation with Public Service Commission not necessary",
"related_acts": "",
"section_id": 9
},
{
"act_id": 632,
"details": "10. No proceeding or order under this Ordinance shall be called in question in any Court.",
"name": "Court’s jurisdiction barred",
"related_acts": "",
"section_id": 10
}
],
"text": "WHEREAS it is expedient to make provisions to ensure discipline and punctuality among the public employees; NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982 and in exercise of all powers enabling him in that behalf, the Chief Martial Law Administrator is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 633,
"lower_text": [
"1 The word “City” was substituted for the word “Municipal” by section 3 of the Local Government Laws (Amendment) Act, 1990 (Act No. LVI of 1990)",
"2 The word “City” was substituted for the word “Municipal” by section 3 of the Local Government Laws (Amendment) Act, 1990 (Act No. LVI of 1990).",
"3 Clause (14) was omitted by section 2 of the Chittagong City Corporation (Amendment) Act, 1993 (Act No. VII of 1993).",
"4 Clause (26) was substituted by section 2 of the Chittagong Municipal Corporation (Second Amendment) Ordinance, 1986 (Ordinance No. LIV of 1986).",
"5 The word “City” was substituted for the word “Municipal” by section 3 of the Local Government Laws (Amendment) Act, 1990 (Act No. LVI of 1990)",
"6 Section 3A was inserted by section 2 of the Chittagong City Corporation (Amendment) Act, 2004 (Act No. XIX of 2004)",
"7 Section 4 was substituted by section 2 of the Chittagong City Corporation (Amendment) Act, 1999 (Act No. II of 1999)",
"8 Section 6 was substituted by section 2 of the Chittagong City Corporation (Amendment) Act, 1992 (Act No. V of 1992).",
"9 The colon (:) was substituted for the full-stop (.) and the proviso was added by section 6 of the Chittagong City Corporation (Amendment) Act, 1993 (Act No. VII of 1993).",
"10 The words and commas “Commissioners, other than Commissioners of reserved seats,” were substituted for the words “elected Commissioners” by section 6 of the Chittagong City Corporation (Amendment) Act, 1993 (Act No. VII of 1993).",
"11 The commas and words “, other than Commissioners of reserved seats,” were omitted by section 3 of the Chittagong City Corporation (Amendment) Act, 1999 (Act No. II of 1999).",
"12 The word “elected” were omitted by section 6 of the Chittagong City Corporation (Amendment) Act, 1993 (Act No. VII of 1993).",
"13 The words “Oath of office” were substituted for the words “Oath of Commissioners” by section 7 of the Chittagong City Corporation (Amendment) Act, 1993 (Act No. VII of 1993).",
"14 Sub-section (1) was substituted by section 7 of the Chittagong City Corporation (Amendment) Act, 1999 (Act No. VII of 1999).",
"15 The words and commas “The Mayor and every Commissioner, other than official Commissioners, shall, before entering upon his office or taking his seat,” were substituted for the words and commas “Every Commissioner other than official Commissioners shall, before taking his seat,” by section 7 of the Chittagong Municipal Corporation (Second Amendment) Ordinance, 1986 (Ordinance No. LIV of 1986).",
"16 The commas and words “, other than official Commissioners,” were omitted by section 9 of the Chittagong City Corporation (Amendment) Act, 1993 (Act No. VII of 1993).",
"17 Section 9 was substituted by section 10 of the Chittagong City Corporation (Amendment) Act, 1993 (Act No. VII of 1993).",
"18 Section 10 was substituted by section 11 of the Chittagong City Corporation (Amendment) Act, 1993 (Act No. VII of 1993).",
"19 The words “as Mayor and Commissioner” were substituted for the words “ and nomination as Commissioner” by section 12 of the Chittagong City Corporation (Amendment) Act, 1993 (Act No. VII of 1993)",
"20 The words “as Mayor or a Commissioner” were substituted for the words “or nominated as a Commissioner” by section 12 of the Chittagong City Corporation (Amendment) Act, 1993 (Act No. VII of 1993).",
"21 The words “as Mayor or” were substituted for the words “or nominated as” by section 12 of the Chittagong City Corporation (Amendment) Act, 1993 (Act No. VII of 1993).",
"22 The semi-colon (;) was substituted for the full-stop (.) and thereafter clause (g) and explanation was inserted by section 3 of the Local Government Laws (Amendment) Act, 1987 (Act No. XXIII of 1987).",
"23 The semi-colon (;) was substituted for the full-stop (.) and thereafter clause (h) was added by section 6 of the Local Government Laws (Amendment) Act, 1990 (Act No. LVI of 1990).",
"24 Clauses (h) and (i) were substituted for the former clause (h) by section 12 of the Chittagong City Corporation (Amendment) Act, 1993 (Act No. VII of 1993).",
"25 Sub-sections (2A) and (2B) were inserted by section 12 of the Chittagong City Corporation (Amendment) Act, 1993 (Act No. VII of 1993).",
"26 Sub-section (4) was added by section 12 of the Chittagong City Corporation (Amendment) Act, 1993 (Act No. VII of 1993).",
"27 The words “office of Mayor and seat of Commissioners” were substituted for the words “seats of Commissioners and office of Mayor and Deputy Mayor” by section 13 of the Chittagong City Corporation (Amendment) Act, 1993 (Act No. VII of 1993).",
"28 The words “office of Mayor and seat of Commissioners” were substituted for the words “seats of Commissioners and office of Mayor and Deputy Mayor” by section 13 of the Chittagong City Corporation (Amendment) Act, 1993 (Act No. VII of 1993).",
"29 Sub-sections (2) and (2A) were omitted by section 13 of the Chittagong City Corporation (Amendment) Act, 1993 (Act No. VII of 1993).",
"30 The words “the Mayor or a Commissioner” were substituted for the words “a Commissioner” by section 13 of the Chittagong City Corporation (Amendment) Act, 1993 (Act No. VII of 1993).",
"31 The words “the Mayor or the Commissioner” were substituted for the words “the Commissioner” by section 13 of the Chittagong City Corporation (Amendment) Act, 1993 (Act No. VII of 1993).",
"32 The words “the Mayor or the Commissioner” were substituted for the words “the Commissioner” by section 13 of the Chittagong City Corporation (Amendment) Act, 1993 (Act No. VII of 1993).",
"33 The words “the Mayor or a Commissioner” were substituted for the words “a Commissioner” by section 13 of the Chittagong City Corporation (Amendment) Act, 1993 (Act No. VII of 1993).",
"34 Sub-section (4) was substituted by section 13 of the Chittagong City Corporation (Amendment) Act, 1993 (Act No. VII of 1993).",
"35 The words “term of Corporation” were substituted for the words “term of his office” by section 14 of the Chittagong City Corporation (Amendment) Act, 1993 (Act No. VII of 1993).",
"36 The words “Mayor or” were omitted by section 11 of the Chittagong Municipal Corporation (Second Amendment) Ordinance, 1986 (Ordinance No. LIV of 1986).",
"37 The word “Deputy” was omitted by section 14 of the Chittagong City Corporation (Amendment) Act, 1993 (Act No. VII of 1993).",
"38 The words “ninety days” were substituted for the words “one month” by section 14 of the Chittagong City Corporation (Amendment) Act, 1993 (Act No. VII of 1993).",
"39 The words “Mayor and” were omitted by section 12 of the Chittagong Municipal Corporation (Second Amendment) Ordinance, 1986 (Ordinance No. LIV of 1986).",
"40 The word “Deputy” was omitted by section 15 of the Chittagong City Corporation (Amendment) Act, 1993 (Act No. VII of 1993).",
"41 The words “Mayor and the” were omitted by section 12 of the Chittagong Municipal Corporation (Second Amendment) Ordinance, 1986 (Ordinance No. LIV of 1986).",
"42 The word “Mayor” was substituted for the words “Deputy Mayor” by section 15 of the Chittagong City Corporation (Amendment) Act, 1993 (Act No. VII of 1993).",
"43 Section 17 was substituted by section 16 of the Chittagong City Corporation (Amendment) Act, 1993 (Act No. VII of 1993).",
"44 The words and comma “ELECTIONS OF MAYOR AND COMMISSIONER, OTHER THAN IN RESERVED SEATS” were substituted for the words “ELECTIONS OF COMMISSIONERS” by section 17 of the Chittagong City Corporation (Amendment) Act, 1993 (Act No. VII of 1993).",
"45 Section 18 was substituted by section 5 of the Chittagong City Corporation (Amendment) Act, 1999 (Act No. II of 1999).",
"46 Section 20A was inserted by section 6 of the Chittagong City Corporation (Amendment) Act, 1999 (Act No. II of 1999).",
"47 Section 21 was substituted by section 2 of the Chittagong Municipal Corporation (Amendment) Ordinance, 1983 (Ordinance No. XI of 1983).",
"48 Section 22 was substituted by section 19 of the Chittagong City Corporation (Amendment) Act, 1993 (Act No. VII of 1993).",
"49 Section 23 was substituted by section 20 of the Chittagong City Corporation (Amendment) Act, 1993 (Act No. VII of 1993).",
"50 The commas and words “, other than Commissioners in reserved seats,” were omitted by section 7 of the Chittagong City Corporation (Amendment) Act, 1999 (Act No. II of 1999).",
"51 The words and commas “elections of Mayor and Commissioners, other than Commissioners in reserved seats,” were substituted for the words and comma “elections of Commissioners” by section 21 of the Chittagong City Corporation (Amendment) Act, 1993 (Act No. VII of 1993).",
"52 The commas and words “, other than Commissioners in reserved seats,” were omitted by section 8 of the Chittagong City Corporation (Amendment) Act, 1999 (Act No. II of 1999).",
"53 The words “Mayor and Commissioners,” were substituted for the word “Commissioner” by section 22 of the Chittagong City Corporation (Amendment) Act, 1993 (Act No. VII of 1993).",
"54 The words “Mayor and Commissioners other than Commissioners in reserved seats,” were substituted for the word “Commissioners” by section 22 of the Chittagong City Corporation (Amendment) Act, 1993 (Act No. VII of 1993).",
"55 The commas and words “, other than Commissioners in reserved seats,” were omitted by section 9 of the Chittagong City Corporation (Amendment) Act, 1999 (Act No. II of 1999",
"56 The words “EXECUTIVE POWER AND CONDUCT OF BUSINESS” were substituted for the words “CONDUCT OF BUSINESS” by section 23 of the Chittagong City Corporation (Amendment) Act, 1993 (Act No. VII of 1993).",
"57 Sections 28 and 28A were substituted for the former section 28 by section 24 of the Chittagong City Corporation (Amendment) Act, 1993 (Act No. VII of 1993).",
"58 The words and figure “the Commissioner authorised by the Mayor under section 17” were substituted for the words “the Deputy Mayor” by section 25 of the Chittagong City Corporation (Amendment) Act, 1993 (Act No. VII of 1993).",
"59 The words “two thirds of the total number of” were substituted for the word “twelve” by section 25 of the Chittagong City Corporation (Amendment) Act, 1993 (Act No. VII of 1993).",
"60 The words “one third of the total number of” were substituted for the word “eight” by section 25 of the Chittagong City Corporation (Amendment) Act, 1993 (Act No. VII of 1993).",
"61 The words and figure “by the Commissioner authorised by the Mayor under section 17” were substituted for the words “by the Deputy Mayor” by section 25 of the Chittagong City Corporation (Amendment) Act, 1993 (Act No. VII of 1993).",
"62 Sub-section (7) was added by section 25 of the Chittagong City Corporation (Amendment) Act, 1993 (Act No. VII of 1993).",
"63 The words “and the Deputy Mayor” were omitted by section 26 of the Chittagong City Corporation (Amendment) Act, 1993 (Act No. VII of 1993).",
"64 Section 43 was substituted by section 27 of the Chittagong City Corporation (Amendment) Act, 1993 (Act No. VII of 1993).",
"65 The words “one thousand seven hundred twenty five Taka” were substituted for the words “one thousand Taka” by section 28 of the Chittagong City Corporation (Amendment) Act, 1993 (Act No. VII of 1993).",
"66 The comma and word “, pension” was omitted by section 4 of the Local Government Laws (Amendment) Act, 1988 (Act No. VIII of 1988).",
"67 The words “pension and” were omitted by section 4 of the Local Government Laws (Amendment) Act, 1988 (Act No. VIII of 1988).",
"68 The words “pension or” were omitted by section 4 of the Local Government Laws (Amendment) Act, 1988 (Act No. VIII of 1988).",
"69 Clause (ff) was inserted by section 4 of the Local Government Laws (Amendment) Act, 1988 (Act No. VIII of 1988).",
"70 The words and comma “the Deputy Mayor,” were omitted by section 29 of the Chittagong City Corporation (Amendment) Act, 1993 (Act No. VII of 1993).",
"71 The words and comma “the Deputy Mayor,” were omitted by section 30 of the Chittagong City Corporation (Amendment) Act, 1993 (Act No. VII of 1993).",
"72 The words and comma “the Deputy Mayor,” were omitted by section 30 of the Chittagong City Corporation (Amendment) Act, 1993 (Act No. VII of 1993).",
"73 Sub-sections (1) and (1A) were substituted for previous sub-section (1) by section 13 of the Chittagong Municipal Corporation (Second Amendment) Ordinance, 1986 (Ordinance No. LIV of 1986).",
"74 Section 96A was inserted by section 14 of the Chittagong Municipal Corporation (Second Amendment) Ordinance, 1986 (Ordinance No. LIV of 1986).",
"75 The word “or” was inserted and thereafter clause (e) was added by section 31 of the Chittagong City Corporation (Amendment) Act, 1993 (Act No. VII of 1993)",
"76 The word and comma “Mayor,” were omitted by section 15 of the Chittagong Municipal Corporation (Second Amendment) Ordinance, 1986 (Ordinance No. LIV of 1986).",
"77 The word “Deputy” was omitted by section 31 of the Chittagong City Corporation (Amendment) Act, 1993 (Act No. VII of 1993).",
"78 The words “by such person or authority as the Government may appoint in this behalf” were substituted for the words “by the Mayor” by section 31 of the Chittagong City Corporation (Amendment) Act, 1993 (Act No. VII of 1993).",
"79 Section 149 was substituted by section 3 of the Local Government Laws (Amendment) Act, 1990 (Act No. LVI of 1990).",
"80 The words “or the Deputy Mayor” were omitted by section 32 of the Chittagong City Corporation (Amendment) Act, 1993 (Act No. VII of 1993).",
"81 The words “or the Deputy Mayor” were omitted by section 33 of the Chittagong City Corporation (Amendment) Act, 1993 (Act No. VII of 1993).",
"82 The words “or the Deputy Mayor” were omitted by section 32 of the Chittagong City Corporation (Amendment) Act, 1993 (Act No. VII of 1993).",
"83 The words and comma “Deputy Mayor,” were omitted by section 34 of the Chittagong City Corporation (Amendment) Act, 1993 (Act No. VII of 1993",
"84 The words and comma “Deputy Mayor,” were omitted by section 34 of the Chittagong City Corporation (Amendment) Act, 1993 (Act No. VII of 1993",
"85 Section 167A was inserted by section 2 of the Chittagong Municipal Corporation (Second Amendment) Ordinance, 1984 (Ordinance No. LXII of 1984).",
"86 The words “ two Deputy Administrators” were substituted for the words “a Deputy Administrator” by section 2 of the Chittagong Municipal Corporation (Amendment) Ordinance, 1986 (Ordinance No. XLI of 1986).",
"87 Section 168A was inserted by section 3 of the Chittagong City Corporation (Amendment) Act, 2004 (Act No. XIX of 2004)."
],
"name": "The Chittagong City Corporation Ordinance, 1982",
"num_of_sections": 180,
"published_date": "16th September, 1982",
"related_act": [
417,
549,
518,
103,
619,
254,
24,
377,
251,
252,
253,
702,
255
],
"repelled": true,
"sections": [
{
"act_id": 633,
"details": "1. This Ordinance may be called the Chittagong 1City Corporation Ordinance, 1982.",
"name": "Short title",
"related_acts": "",
"section_id": 1
},
{
"act_id": 633,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (1) \t“annual letting value” means the annual rent at which a building or land exclusive of furniture or machinery contained or situated therein or thereon may reasonably be expected to be let from year to year, and shall include all payments made or agreed to be made by a tenant to the owner of the building or land on account of occupation, taxes, insurance or other charges incidental to the occupancy; (2) \t“budget” means an official statement of the income and expenditure of the Corporation for a financial year; (3) \t“building” includes any shop, house, hut, outhouse, shed, stable or enclosure built of any material and used for any purpose, and also includes a wall, well, verandah, platform, plinth and steps; (4) \t“building line” means a line beyond which the outer face or any part of an external wall of a building may not project in the direction of any street, existing or proposed; (5) \t“by laws” means by laws made under this Ordinance; (6) \t“casual vacancy” means a vacancy occurring otherwise than by efflux of time; (7) \t“Chief Executive Officer” means the Chief Executive Officer of the Corporation; (8) \t“City of Chittagong” or “City” means the area described in the First Schedule; (9)\t“Commissioner” means a Commissioner of the Corporation; (10)\t“conservancy” means the removal and disposal of refuse; (11)\t“Corporation” means the Chittagong 2City Corporation constituted under this Ordinance; (12)\t“Corporation Fund” means the fund of the Corporation; (13)\t“dairy” includes any farm, cattle shed, cow house, milk store, milk shop, or other place from where milk or milk products are supplied for sale; 3* * * (15)\t“drain” includes a sewer, a house drain, a drain of any other description, a tunnel, a culvert, a ditch, a channel and any other device for carrying of sullage or rain water; (16)\t“drug” means any substance used as medicine or in the composition or preparation of medicine, whether for internal or external use; (17)\t“dwelling house” means any building used or adopted to be used wholly or principally for human habitation; (18)\t“Election Commission” means the Election Commission for Bangladesh; (19)\t“erect or re erect a building” means the construction of a new building and includes such material alterations of a building as may be prescribed; (20)\t“factory” has the meaning assigned to it under the Factories Act, 1965 (E.P. Act IV of 1965); (21) “food” includes every article used for food or drink by human beings, other than drugs or water, and any article which ordinarily enters into or is used in the composition or preparation of human food; and also includes confectionery, flavouring and colouring matters and spices and condiments; (22) \t“function” includes powers and duties; (23)\t“improvement trust” means any body or authority, including a development authority entrusted with the functions of town improvement; (24)\t“infectious disease” means any disease which may be transmitted from one person to another and declared as such by the Government by notification in the official Gazette; (25)\t“land” includes land which is being built upon, or is built up or is covered with water; 4(26)\t“market” means a place where persons assemble for the sale and purchase of any commodity; (27) \t“Mayor” means the Mayor of the Corporation; (28)\t“nuisance” includes any act, omission, place or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense or sight, smell or hearing or which is or may be dangerous to life or injurious to health or property; (29)\t“occupier” includes an owner in actual occupation of his own land or building and also any person for the time being paying or liable to pay to the owner the rent or any portion of the rent of the land or building in respect of which the word is used; (30) \t“owner” includes the person for the time being receiving the rent of land and building, or either of them whether on his own account or as agent or trustee for any person or society or for any religious or charitable purpose or who would so receive the same if land or building were let to a tenant; (31)\t“prescribed” means prescribed by rules made under this Ordinance; (32)\t“public place” means any building, premises or place to which the public have access; (33)\t“public street” means a street maintained by the Government; (34)\t“refuse” includes rubbish, offal, night soil, carcasses of animals, deposits of sewerage, waste and any other offensive matter; (35)\t“regulations” means regulations made under this Ordinance; (36)\t“rent” means whatever is lawfully payable in money or kind by a tenant or lessee on account of the occupation of any building or land; (37)\t“rate” means a levy specified in item numbers 13, 14, 15 and 16 of the Second Schedule; (38) \t“rules” means rules made under this Ordinance; (39)\t“street line” means a line dividing the land comprised in, and forming part of, a street from the adjoining land; (40)\t“sullage” includes sewerage, polluted water, rain water, and any other offensive matter carried by a drain; (41)\t“tax” includes any toll, cess, fee, or other impost leviable under this Ordinance; (42)\t“vehicle” means a wheeled conveyance capable of being used on a street; (43)\t“water work” includes a lake, stream, spring, well, pump, reservoir, cistern, tank, duct, sluice, pipe, culvert, engine and other appliances and anything for supplying or used for supplying water; and (44)\t“ward” means a ward delimited for the purpose of election of a Commissioner.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 633,
"details": "3. (1) As soon as may be after the commencement of this Ordinance, there shall be constituted, in accordance with the provisions of this Ordinance, for the City of Chittagong a Corporation to be called the Chittagong 5City Corporation. (2) The Corporation shall be a body corporate, having perpetual succession and a common seal, with powers, subject to the provisions of this Ordinance and the rules, to acquire, hold and dispose of property, both movable and immovable, and shall by the said name sue and be sued.",
"name": "Constitution of the Corporation",
"related_acts": "",
"section_id": 3
},
{
"act_id": 633,
"details": "63A. The Corporation area shall be an administrative unit for the purpose of Article 59 of the Constitution of the People's Republic of Bangladesh.",
"name": "Corporation area to be an administrative unit",
"related_acts": "",
"section_id": 4
},
{
"act_id": 633,
"details": "74. (1) The Corporation shall consist of- (a)\ta Mayor; (b)\tsuch number of Commissioners as may be fixed by the Government; and (c)\tsuch number of Commissioners as are reserved exclusively for women under sub section (3). (2) The Mayor and the Commissioners shall be elected by direct election on the basis of adult franchise in accordance with the provisions of this Ordinance and the rules. (3) There shall be reserved, exclusively for women, such number of seats, hereinafter referred to as reserved seats, as is equivalent to one third of the number of Commissioners fixed by the Government under clause (b) of sub section (1). Explanation.- In calculating the number of reserved seats under this sub section, if the number comprises a fraction of less than point five zero such fraction shall be ignored, and if the number comprises a fraction of point five zero or above such fraction shall be rounded off as a whole number.",
"name": "Composition",
"related_acts": "",
"section_id": 5
},
{
"act_id": 633,
"details": "4A. Mayor.- Omitted by section 4 of the Chittagong City Corporation (Amendment) Act, 1993 (Act No. VII of 1993).",
"name": "Omitted",
"related_acts": "",
"section_id": 6
},
{
"act_id": 633,
"details": "5. Mayor and Deputy Mayor.- Omitted by section 5 of the Chittagong City Corporation (Amendment) Act, 1993 (Act No. VII of 1993).",
"name": "Omitted",
"related_acts": "",
"section_id": 7
},
{
"act_id": 633,
"details": "86. (1) The term of the Corporation shall be a period of five years commencing on the day of first meeting after its constitution 9: Provided that, notwithstanding the expiration of its term, the Corporation shall continue to function until the first meeting of the Corporation Constituted to succeed it. (2) Notwithstanding anything contained in this Ordinance, the Corporation shall be deemed to have been duly constituted after the election of seventy five per cent of the total number of its 10Commissioners 11* * * has taken place. Explanation. For calculating the seventy five per cent of the total number of 12* * * Commissioners, less than point five zero per cent shall be ignored and point five zero and above per cent shall be rounded off into a whole number.",
"name": "Term of the Corporation, etc",
"related_acts": "",
"section_id": 8
},
{
"act_id": 633,
"details": "7. 14(1) The Mayor and every Commissioner shall, before taking his office or seat, as the case may be, make and subscribe in the presence of such person as the Government may direct an oath or affirmation in the following form namely:- “I, ÔǪÔǪÔǪÔǪÔǪÔǪÔǪÔǪÔǪÔǪÔǪÔǪÔǪÔǪ.. having been elected Mayor/Commissioner of the Chittagong Corporation do solemnly swear/affirm that I will bear true faith and allegiance to Bangladesh and that I will faithfully discharge the duties upon which I am about to enter.”.",
"name": "Oath of office",
"related_acts": "",
"section_id": 9
},
{
"act_id": 633,
"details": "7A. Oath of Mayor.- Omitted by section 8 of the Chittagong City Corporation (Amendment) Act, 1993 (Act No. VII of 1993).",
"name": "Omitted",
"related_acts": "",
"section_id": 10
},
{
"act_id": 633,
"details": "8. 15The Mayor and every Commissioner 16* * * shall, before entering upon his office or taking his seat, submit to the Government in such manner as the Government may direct, a declaration in writing of properties, both movable and immovable, whether within or outside Bangladesh, which he or any member of his family owns, or which he has in his possession or under his control, or in which he or any member of his family has any beneficial interest. Explanation. In this section, “member of his family” in relation to a person, includes- (a) \tthe spouse of such person, and (b)\tsuch of the children, parents, brothers and sisters as reside with and are wholly dependent upon such person.",
"name": "Declaration of properties.",
"related_acts": "",
"section_id": 11
},
{
"act_id": 633,
"details": "179. (1) The Mayor may resign his office by writing under his hand addressed to the Government. (2) A Commissioner may resign his seat by writing under his hand addressed to the Mayor. (3) A resignation under sub section (1) or sub section (2) shall become effective on the date on which the notice of resignation is received by the addressee.",
"name": "Resignation of Mayor and Commissioners",
"related_acts": "",
"section_id": 12
},
{
"act_id": 633,
"details": "1810. (1) The Mayor or a Commissioner shall render himself liable to removal from his office or seat, as the case the may be, if- (a)\the without reasonable excuse, absents himself from three consecutive meetings of the Corporation; or (b)\the is involved in any activity prejudicial to the interest of the Corporation or of the state or is convicted for any offence relating to corruption or misconduct; or (c) \the refuses to perform or becomes disabled from performing his functions; or (d)\the is guilty of misconduct or abuse of power or is responsible for any loss or misapplication of money or property of the Corporation. Explanation. In this sub section, “misconduct” means misuse of power, corruption, jobbery, favouritism, nepotism and wilful maladministration and includes any attempt at, or abetment of, such misconduct. (2) The Mayor or a Commissioner shall not be removed from his office or seat, as the case may be, on any ground mentioned in sub section (1), unless, after such inquiry as may be considered necessary, the Government declares, by an order in writing, that he is liable to be so removed: Provided that no such declaration shall be made unless the Mayor or Commissioner concerned has been given a reasonable opportunity of showing cause against the declaration proposed to be made with respect to him. (3) The Mayor or the Commissioner shall stand removed from his office or seat, as the case may be, as soon as a declaration under sub section (2) is made and approved by the President. (4) Notwithstanding anything contained in any other provisions of this Ordinance, a person who has been removed from his office or seat, as the case may be, under this section shall not, during the unexpired period of the term of the Corporation, be eligible for election to such office or seat.",
"name": "Removal of Mayor and Commissioners",
"related_acts": "",
"section_id": 13
},
{
"act_id": 633,
"details": "11. (1) A person shall, subject to the provisions of sub section (2), be qualified to be elected 20as Mayor or a Commissioner if- (a)\the or she is a citizen of Bangladesh; (b)\the or she has attained the age of twenty five years of age in accordance with the existing electoral roll; (c)\this or her name appears on the electoral roll for any ward in the Corporation. (2) A person shall be disqualified for being elected 21as Mayor or a Commissioner if - (a)\the or she is declared by a competent Court to be of unsound mind; (b)\the or she is an undischarged insolvent; (c)\the or she has ceased to be a citizen of Bangladesh; (d)\the or she has been,- (i)\ton conviction for any offence, sentenced to imprisonment for a term of not less than two years; or (ii)\ton conviction for any offence relating to corruption or criminal misconduct, sentenced to imprisonment for any term, unless a period of five years, or such less period as the Government may allow in any particular case, has elapsed since his or her release; (e)\the or she holds any full time office of profit in the service of the Republic or of the Corporation or of any other local authority; or (f)\the or she is a party to a contract for work to be done for, or goods to be supplied to, the Corporation, or has otherwise any pecuniary interest in its affairs, or is a dealer, for any area within the Corporation in essential commodities appointed by the Government 22; (g)\the or she has defaulted in repaying any loan taken by him or her from any specified bank within the time allowed by the bank therefore. Explanation. For the purposes of clause (g), “specified bank” means the Sonali Bank, the Agrani Bank and the Janata Bank constituted under the Bangladesh Banks (Nationalisation) Order, 1972 (P.O. No. 26 of 1972), the Shilpa Rin Sangstha established under the Shilpa Rin Sangstha Order, 1972 (P.O. No. 128 of 1972), the Bangladesh Shilpa Bank established under the Bangladesh Shilpa Bank Order, 1972 (P.O. No. 129 of 1972), the House Building Finance Corporation established under the House Building Finance Corporation Order, 1973 (P.O. No. 7 of 1973), the Krishi Bank established under the Krishi Bank Order, 1973 (P.O. No. 27 of 1973), the Investment Corporation of Bangladesh established under the Investment Corporation of Bangladesh Ordinance, 1976 (XL of 1976), the Rajshahi Krishi Unnayan Bank established under the Rajshahi Krishi Unnayan Bank Ordinance, 1986 (LVIII of 1986), and the Rupali Bank Limited 23; 24(h) \the or she is a defaulter in paying any of the tax, rate, cess, toll or fee levied under this Ordinance; (i)\the or she has been dismissed from the service of the Republic or of any local authority for misconduct involving moral turpitude and a period of five years has not elapsed since his or her dismissal. 25(2A) A person shall not, at the same time be a candidate for election to the office of Mayor or, as the case may be, seat of Commissioner. (2B) If a person offers himself, at the same time, to be a candidate for election to the office of Mayor or, seat of Commissioner, all his nomination papers shall stand void. (3) No person shall, at the same time, be a Commissioner in respect of two or more wards: Provided that nothing in this sub section shall prevent a person from being at the same time a candidate for two or more wards, but in the event of his being elected for more than one ward- (i)\twithin seven days after his last election, the person elected shall deliver to the Election Commission a signed declaration specifying the ward which he wishes to represent, and the seats of other wards for which he was elected shall thereupon become vacant; (ii)\tif the person elected fails to comply with clause (i), all seats for which he was elected shall fall vacant; and (iii)\tthe person elected shall not make or subscribe oath or affirmation of a Commissioner until the foregoing provisions of this proviso have been complied with. 26(4) When the office of Mayor falls vacant during the term of the Corporation, a Commissioner may contest the election to the office of Mayor, and if he is elected, his Commissionership shall cease on the date he makes the oath of office of Mayor.",
"name": "Qualifications and disqualifications for election as Mayor and Commissioner",
"related_acts": "377,417,518,702",
"section_id": 14
},
{
"act_id": 633,
"details": "12. (1) The 28office of Mayor and seat of a Commissioner shall become vacant if (a)\the fails to make the oath referred to in section 7 within the period of thirty days after the date of publication of his name in the official Gazette, unless the Government, for good cause shown, extends the period; (b)\the resigns his seat under section 9; (c)\the is removed from his seat under section 10; (d)\the becomes subject to any of the disqualifications mentioned in section 11(2); or (e)\the dies. 29* * * (3) If any question arises as to whether 30the Mayor or a Commissioner has, after his election, become subject to any of the disqualifications mentioned in section 11(2), the Chief Executive Officer shall refer the question to the District Judge of Chittagong and, if the District Judge is of the opinion that 31the Mayor or the Commissioner has become subject to any such disqualification, 32the Mayor or the Commissioner shall cease to be 33the Mayor or a Commissioner, and his seat shall become vacant, with effect from the date on which the opinion is given. 34(4) Vacation of office of the Mayor or the vacation of seat of a Commissioner shall be notified in the official Gazette.",
"name": "Vacation of office of Mayor and seat of Commissioners",
"related_acts": "",
"section_id": 15
},
{
"act_id": 633,
"details": "13. (1) Where the seat of a Commissioner becomes vacant not later than one hundred and eighty days before the 35term of Corporation is due to expire, an election to fill the seat shall be held within ninety days of the occurrence of the Vacancy, and the person elected in such election shall hold office for the residue of such term. (2) Where the office of 36* * * 37* * * Mayor becomes vacant before the term of his office is due to expire, an election to fill the office shall be held within 38ninety days of the occurrence of such vacancy, and the person elected in such election shall hold office for the residue of such term.",
"name": "Casual Vacancies",
"related_acts": "",
"section_id": 16
},
{
"act_id": 633,
"details": "14. A Commissioner shall be entitled to receive a daily allowance for attending any meeting of the Corporation or of any Standing Committee or other Committee thereof at such rate as may be fixed by the Corporation with the approval of the Government.",
"name": "Allowances of Commissioners",
"related_acts": "",
"section_id": 17
},
{
"act_id": 633,
"details": "15. The 41* * * 42Mayor may be given such honorarium and other privileges as may be determined by the Corporation with the approval of the Government.",
"name": "Honorarium and other privileges of * * * * * * Mayor",
"related_acts": "",
"section_id": 18
},
{
"act_id": 633,
"details": "16. (1) The Mayor shall have full access to the records of the Corporation and may obtain report from the Chief Executive Officer on any matter connected with municipal administration of the City. (2) A Commissioner shall have access during office hours to the records of the Corporation after giving due notice in writing to the Chief Executive Officer: Provided that if the Chief Executive Officer is of the opinion that such access should not be allowed in any case, he may submit the matter to the Mayor whose decision thereon shall be final.",
"name": "Right of Mayor and Commissioners to have access to records",
"related_acts": "",
"section_id": 19
},
{
"act_id": 633,
"details": "4317. (1) When the Mayor is absent from his duties on account of illness or any other cause, a Commissioner authorised in writing by the Mayor shall perform the functions of the Mayor till the Mayor resumes his duties. (2) When the office of Mayor becomes vacant caused by resignation, removal or death, such Commissioner as may be directed by Government shall perform the functions of the Mayor till a new Mayor is elected and assumes his duties.",
"name": "Discharge of the functions of the Mayor during temporary absence and casual vacancy",
"related_acts": "",
"section_id": 20
},
{
"act_id": 633,
"details": "4518. For the purpose of election of Commissioners specified in clause (b) of sub section (1) of section 4, the City shall be divided into as many wards as there are number of commissioners fixed under that clause.",
"name": "Division of the City into wards",
"related_acts": "",
"section_id": 21
},
{
"act_id": 633,
"details": "19. (1) The Election Commission may, by notification in the official Gazette, appoint from amongst persons in the service of the Republic a delimitation officer and as many assistant delimitation officers as it may deem necessary for the delimitation of wards. (2) An assistant delimitation officer shall assist the delimitation officer in the performance of his functions and may perform, under the control of the delimitation officer, the functions of the delimitation officer.",
"name": "Appointment of delimitation officer",
"related_acts": "",
"section_id": 22
},
{
"act_id": 633,
"details": "4620A. For the purpose of election of Commissioners for reserved seats the delimitation officer shall- (a)\tat the time of division of the City into wards under section 18, simultaneously cause the number of wards fixed under that section to be grouped into as many wards as there are number of reserved seats fixed under sub section (3) of section 4; and (b)\tin delimiting the groups under clause (a), follow the procedure laid down in section 20 as far as possible.",
"name": "Delimitation of wards for reserved seats",
"related_acts": "",
"section_id": 23
},
{
"act_id": 633,
"details": "20. (1) The wards shall be delimited having regard to territorial unity and, so far as practicable, to distribution of population. (2) The delimitation officer may, for the purpose of delimiting the wards, make such enquiries and examine such records as he may deem necessary and consider such representations as may be received by him, and shall publish in the prescribed manner a preliminary list of wards specifying the areas proposed to be included in each such ward together with a notice inviting objections or suggestions within a prescribed period. (3) The objection or suggestion, if any, received under sub section (2) shall be disposed of in such manner as may be prescribed. (4) The delimitation officer shall make such amendments, alterations or modifications in the preliminary list published under sub section (2) as may be required by any decision on any objection or suggestion and may also make such other amendments, alterations or modifications in the said list as may be necessary for correcting any error or omission. (5) After making amendments, alterations or modifications, if any, under sub-section (4), the delimitation officer shall publish in the prescribed manner the final list of wards, specifying the areas included in each such ward.",
"name": "Delimitation of wards",
"related_acts": "",
"section_id": 24
},
{
"act_id": 633,
"details": "4721. (1) There shall be an electoral roll for each ward to be prepared by the Election Commission. (2) A person shall be entitled to be enrolled on the electoral roll for a ward if he- (a)\tis a citizen of Bangladesh; (b)\tis not less than eighteen years of age; (c)\tdoes not stand declared by a competent Court to be of unsound mind; and (d)\tis or is deemed to be a resident of that ward.",
"name": "Electoral roll",
"related_acts": "",
"section_id": 25
},
{
"act_id": 633,
"details": "4822. Every person whose name is for the time being entered in the electoral roll of a ward shall be entitled to vote at an election of a Commissioner for that ward and at an election of Mayor.",
"name": "Right to vote",
"related_acts": "",
"section_id": 26
},
{
"act_id": 633,
"details": "4923. A general election of Mayor and Commissioners 50* * * shall be held- (a)\tfor the purpose of constituting the Corporation under section 3, as soon as may be, after the commencement of this Ordinance; (b)\tfor the purpose of reconstituting the Corporation after the expiration of the term of the Corporation, within the period of one hundred and eighty days preceding such expiration; (c)\tfor the purpose of reconstituting the Corporation after the expiration of the period of supersession of the Corporation, if any, before such expiration: Provided that the persons, elected at a general election under clause (b) or (c) shall not enter upon the office as Mayor or Commissioner of the Corporation except after the expiration of the term of the Corporation or the period of supersession of the Corporation, as the case may be.",
"name": "General election of Mayor and Commissioners",
"related_acts": "",
"section_id": 27
},
{
"act_id": 633,
"details": "24. All 51elections of Mayor and Commissioners 52* * * shall be organised, held and conducted by the Election Commission in accordance with the rules, and such rules may provide for all or any of the following matters, namely:- (a)\tthe appointment of returning officers, assistant returning officers, presiding officers and polling officers for the conduct of elections and powers and duties of such officers; (b)\tthe nomination of candidates, objections to nominations and scrutiny of nominations; (c)\tthe deposits to be made by candidates and the circumstances under which such deposits may be refunded to candidates or forfeited to the Corporation; (d)\tthe withdrawal of candidatures; (e)\tthe appointment of agents of candidates; (f)\tthe procedure in contested and uncontested elections; (g)\tthe date, time and place for poll and other matters relating to the conduct of elections; (h)\tthe manner in which votes are to be given; (i)\tthe scrutiny and counting of votes, the declaration of the results and procedure to be followed in case of equality of votes; (j)\tthe custody and disposal of ballot papers and other papers relating to elections; (k)\tthe circumstances under which polls may be suspended and fresh polls may be held; (l)\tthe election expenses; (m)\tthe corrupt or illegal practices and other election offences and penalties therefore; (n) \tthe election dispute and the submission, trial and disposal of election petitions; and (o) \tany other matter connected with or incidental to elections.",
"name": "Conduct of elections",
"related_acts": "",
"section_id": 28
},
{
"act_id": 633,
"details": "25. The names of all persons elected as 54Mayor and Commissioners 55* * * shall, as soon as may be, after such election, be published by the Election Commission in the official Gazette.",
"name": "Publication of results of elections of Mayor and Commissioners",
"related_acts": "",
"section_id": 29
},
{
"act_id": 633,
"details": "26. Subject to rules and such directions as the Government may from time to time give, and within the limits of the fund at its disposal, the Corporation shall undertake such of the functions given in detail in Part IV as are required to be undertaken by the Corporation, and may undertake- (a)\tall or any of the functions so given which may be undertaken by the Corporation; and (b)\tsuch other functions as are declared by the Government to be appropriate matters for administration by the Corporation.",
"name": "Functions of the Corporation",
"related_acts": "",
"section_id": 30
},
{
"act_id": 633,
"details": "27. Notwithstanding anything in this Ordinance, or in any other law, for the time being in force, the Government may, from time to time direct that, subject to such terms and conditions as may be specified in the direction,- (a)\tany institution or service maintained by the Corporation shall be transferred to the management and control of the Government; and (b)\tany institution or service maintained by the Government shall be transferred to the management and control of the Corporation.",
"name": "Transfer of functions from Corporation to Government and vice versa",
"related_acts": "",
"section_id": 31
},
{
"act_id": 633,
"details": "28A. (1) For the purpose of better administration and proper conduct of business of the Corporation, the Government may, by order in writing, divide the City into such number of Zones as it may deem fit. (2) There shall be a Zonal office for every Zone and it shall perform such function as may be assigned to it by the Corporation. (3) Every Zonal office shall perform its functions under the supervision and control of the Mayor and in accordance with the rules.",
"name": "Division of City into Zones",
"related_acts": "",
"section_id": 32
},
{
"act_id": 633,
"details": "5728. (1) The executive powers of the Corporation shall extend to the doing of all acts necessary for the due discharge of its functions under this Ordinance. (2) Save as otherwise provided in this Ordinance and the rules, the executive powers of the Corporation shall vest in and be exercised by the Mayor, either directly or through the Chief Executive Officer or through other officers authorised by him, in accordance with this Ordinance and the rules. (3) All acts of the Corporation, whether executive or not, shall be expressed to be taken in the name of the Corporation and shall be authenticated in the manner prescribed.",
"name": "Executive Powers",
"related_acts": "",
"section_id": 33
},
{
"act_id": 633,
"details": "29. (1) The Corporation shall meet at least once in each month for the transaction of business. (2) The Mayor or, in his absence, 58the Commissioner authorised by the Mayor under section 17 may, whenever he thinks fit, and shall, upon a requisition made in writing by not less than 59two thirds of the total number of Commissioners, call a meeting of the Corporation. (3) No business of the Corporation shall be transacted at any meeting unless a quorum of 60one third of the total number of Commissioners is present throughout the meeting. (4) All matters required to be decided by the Corporation shall, save as otherwise provided in this Ordinance, be decided by the Majority of the votes of the Commissioners present and voting. (5) Each Commissioner shall have one vote, but in the event of an equality of votes, the person presiding shall have a second or casting vote. (6) All meetings of the Corporation shall be presided over by the Mayor or, in his absence, 61by the Commissioner authorised by the Mayor under section 17 or, in the absence of both, by a Commissioner chosen for that purpose by the Commissioners present. 62(7) Such officials as may be specified by the Government shall be invited by the Corporation to attend the meetings of the Corporation and to participate in the deliberation thereof, but they shall not have any right to vote.",
"name": "Meetings",
"related_acts": "",
"section_id": 34
},
{
"act_id": 633,
"details": "30. (1) The Corporation shall, at its first meeting, in each year, or as soon as may be at any meeting subsequent thereto, constitute Standing Committees for dealing respectively with- (a)\tFinance and Establishment; (b)\tEducation; (c)\tHealth, Family Planning and Sanitation including drainage; (d)\tTowns Planning and Improvement; (e)\tAudit and Accounts; (f)\tWorks and Buildings; (g)\tWater and Electricity; and (h)\tSocial Welfare and Community Centres. (2) The Corporation may, with the previous approval of the Government, constitute additional Standing Committees for such purpose as the Corporation thinks fit. (3) A Standing Committee shall consist of not more than six members who shall be elected by the Commissioners from amongst themselves, but no Commissioner shall, at the same time, be a member of more than two Standing Committees: Provided that the Mayor 63* * * shall be ex officio members of all the Standing Committees. (4) A Standing Committee shall elect one of its members to be its Chairman and another member to be its Vice Chairman. (5) An elected Chairman or Vice Chairman or members of a Standing Committee may resign his office by writing under his hand addressed to the Mayor and such resignation shall become effective on the date on which the notice is received by the Mayor. (6) A casual vacancy in the office of an elected Chairman or Vice Chairman or member of a Standing Committee shall be filled by election of a new Chairman or Vice Chairman or member and such Chairman or Vice Chairman or member shall hold office for the residue of the term of his predecessor. (7) A Standing Committee shall continue to function until the first meeting of the Standing Committee constituted to succeed it.",
"name": "Constitution of Standing Committees",
"related_acts": "",
"section_id": 35
},
{
"act_id": 633,
"details": "31. (1) The Corporation shall, by regulations, determine the functions of each Standing Committee. (2) All proceedings of a Standing Committee shall be subject to confirmation by the Corporation.",
"name": "Functions of Standing Committees",
"related_acts": "",
"section_id": 36
},
{
"act_id": 633,
"details": "32. The Corporation may constitute such other committee or committees consisting of such number of members chosen from amongst the Commissioners for such purpose as it thinks fit.",
"name": "Constitution of other Committees",
"related_acts": "",
"section_id": 37
},
{
"act_id": 633,
"details": "33. (1) The Corporation or any Standing Committee or other committee thereof may associate with itself any person whose assistance or advice it may desire for carrying out any of its functions. (2) Any person associated with the Corporation or any Standing Committee or other committee for any purpose under sub section (1) shall have a right to take part in the discussion of the Corporation or of the Standing Committee or other committee, as the case may be, but shall not have a right to vote.",
"name": "Association with the Corporation, etc. of persons not being Commissioners",
"related_acts": "",
"section_id": 38
},
{
"act_id": 633,
"details": "34. (1) Every meeting of the Corporation shall be open to the public unless a majority of the Commissioners present at the meeting decide that any inquiry or deliberation pending before the Corporation shall be held in private. (2) The Corporation may make regulations for regulating the admission of the members of the public to its meetings and for the removal by force, if necessary, of any member of the public admitted to a meeting for interrupting or disturbing the proceedings of the meeting.",
"name": "Meetings to be ordinarily open to the public",
"related_acts": "",
"section_id": 39
},
{
"act_id": 633,
"details": "35. No Commissioner shall vote at a meeting of the Corporation or of any Standing Committee or other committee thereof on any question relating to his own conduct or vote or take part in any discussion on any matter which affects his pecuniary interest or any property in respect of which he is a manager or agent.",
"name": "Commissioners not to vote on matters in which they are interested",
"related_acts": "",
"section_id": 40
},
{
"act_id": 633,
"details": "36. Subject to this Ordinance, the Corporation may make regulations for the procedure and the conduct of business at its meetings and at meetings of the Standing Committees and other committees thereof.",
"name": "Regulations for procedure and conduct of business at meetings",
"related_acts": "",
"section_id": 41
},
{
"act_id": 633,
"details": "37. (1) The minutes of the proceedings of every meeting of the Corporation or of every Standing Committee or other committee thereof shall state, among other things, the names of the Commissioners or members present and shall be drawn up and recorded in a book to be kept for the purpose, and shall be signed by the person presiding at the meeting and shall be laid before the next ensuing meeting of the Corporation or of the Standing Committee or other committee, as the case may be. (2) The minutes referred to in sub section (1) shall, at all reasonable times, be kept open at the Corporation's office for inspection by any Commissioner without charge and by any other person on payment of a fee of Taka one. (3) The Chief Executive Officer shall forward to the Government a copy of the minutes of the proceedings of each meeting of the Corporation within ten days from the date on which such minutes are signed.",
"name": "Keeping of minutes of proceedings",
"related_acts": "",
"section_id": 42
},
{
"act_id": 633,
"details": "38. (1) No act done or proceeding taken under this Ordinance shall be questioned on the ground merely of- (a)\tthe existence of any vacancy in, or any defect in the constitution of, the Corporation or any Standing Committee or other committee thereof; (b)\tany Commissioner having voted or taken part in any proceedings in contravention of section 35, or (c)\tany defect or irregularity not affecting the merits of the case. (2) Every meeting of the Corporation or of any Standing Committee or other Committee thereof the minutes of the proceedings of which have been duly drawn up and signed shall be deemed to have been duly convened and to be free from all defects and irregularities.",
"name": "Validation of acts and proceedings",
"related_acts": "",
"section_id": 43
},
{
"act_id": 633,
"details": "39. (1) All contracts made by or on behalf of the Corporation shall be- (a)\tin writing and expressed to be made in the name of the Corporation; (b)\texecuted in such manner as may be prescribed; and (c)\treported to the Corporation by the Chief Executive Officer at the meeting next following the execution of the contract. (2) The Corporation may, by resolution, lay down the procedure that shall regulate the making of various contracts, and in the execution of contracts, the Chief Executive Officer shall act in accordance with such resolution. (3) No contract executed otherwise than in conformity with the provisions of this section shall be binding on the Corporation.",
"name": "Contracts",
"related_acts": "",
"section_id": 44
},
{
"act_id": 633,
"details": "40. The Government may, by rules, provide for- (a)\tthe preparation of plans and estimates for works to be executed by the Corporation; (b)\tthe authority by whom and the conditions subject to which such plans and estimates shall be technically approved and administratively sanctioned; and (c)\tthe agency by which such plans and estimates shall be prepared and such works shall be executed.",
"name": "Works",
"related_acts": "",
"section_id": 45
},
{
"act_id": 633,
"details": "41. The Corporation shall- (a)\tmaintain such record of its working as may be prescribed; (b)\tprepare and publish such periodical reports and returns as may be prescribed; and (c)\tadopt such other measures as may be necessary, or may be specified by the Government from time to time, for the publication of information about the working of the Corporation.",
"name": "Record, reports and returns",
"related_acts": "",
"section_id": 46
},
{
"act_id": 633,
"details": "42. (1) There shall be a Chief Executive Officer of the Corporation who shall be appointed by the Government on such terms and conditions as may be determined by it. (2) The Chief Executive Officer shall hold office for a period of three years which may be extended by the Government for a further period or periods not exceeding one year at a time. (3) Notwithstanding anything contained in sub section (2), the Government may, at any time, terminate the appointment of the Chief Executive Officer, and shall do so if, at a special meeting of the Corporation called for the purpose, a resolution for such termination has been passed by the votes of not less than three fifths of the total number of Commissioners: Provided that if the Chief Executive Officer is a person in the service of the Republic, no such special meeting shall be called, and no such resolution shall be moved, except after giving one month's notice to the Government. (4) If the Chief Executive Officer is unable to perform the functions of his office on account of absence, illness or any other cause, the Government may appoint another person to officiate as Chief Executive Officer in his place.",
"name": "Chief Executive Officer",
"related_acts": "",
"section_id": 47
},
{
"act_id": 633,
"details": "6443. (1) Save as otherwise provided in this Ordinance and the rules, the Mayor, if he deems necessary, may delegate any of his executive powers to the Chief Executive Officer and such delegated powers shall be exercised by him in accordance with this Ordinance and the rules. (2) In exercising his powers, the Chief Executive Officer shall be responsible to the Mayor.",
"name": "Power of the Chief Executive Officer",
"related_acts": "",
"section_id": 48
},
{
"act_id": 633,
"details": "44. On the occurrence or threatened occurrence of any accident or any unforeseen event or natural calamity involving, or which is likely to involve, extensive damage to any property of the Corporation or danger to human life, the Chief Executive Officer shall take such immediate action as he considers necessary and make report forthwith to the Corporation or the Standing Committee concerned of the action taken by him and the reason therefore and also of the cost, if any, incurred or likely to be incurred in consequence of such action.",
"name": "Extraordinary powers of Chief Executive Officer",
"related_acts": "",
"section_id": 49
},
{
"act_id": 633,
"details": "45. The Chief Executive Officer shall be responsible for the custody of all records, including in particular all papers and documents connected with the proceedings of the Corporation, Standing Committees and other committees.",
"name": "Chief Executive Officer to be custodian of records",
"related_acts": "",
"section_id": 50
},
{
"act_id": 633,
"details": "46. The Chief Executive Officer shall have the same right of being present at any meeting of the Corporation or of any Standing Committee or other committee thereof and of taking part in the discussions thereat as if he were a Commissioner or a member of such committee, and may, at any time, with the consent of the person presiding at the meeting make a statement or explanation of facts, but he shall not vote upon, or move¬ any motion at such meeting",
"name": "Right of Chief Executive Officer to be present at meetings",
"related_acts": "",
"section_id": 51
},
{
"act_id": 633,
"details": "47. (1) The Chief Executive Officer shall from time to time prepare and lay before the Corporation a Schedule setting forth the posts which should, in his opinion, constitute the Corporation establishment. (2) The Corporation shall, with the previous approval of the Government, sanction such schedule, with or without modifications, and may, with such approval from time to time amend it either of its own motion after ascertaining the opinion of the Chief Executive Officer or at the instance of the Chief Executive Officer.",
"name": "Schedule of posts",
"related_acts": "",
"section_id": 52
},
{
"act_id": 633,
"details": "48. No person shall be appointed to any post in the Corporation unless the post is included in the Schedule for the time being in force prepared and sanctioned under section 47.",
"name": "No appointment to be made to any post not included in the Schedule",
"related_acts": "",
"section_id": 53
},
{
"act_id": 633,
"details": "49. Subject to this Ordinance, appointments to the Corporation establishment shall be made,- (a)\tby the Corporation, if the maximum salary of the office or post exceeds 65one thousand seven hundred twenty five Taka per month; (b)\tby the Chief Executive Officer, in all other cases.",
"name": "Appointing authorities",
"related_acts": "",
"section_id": 54
},
{
"act_id": 633,
"details": "50. The Corporation may, in the prescribed manner,- (a)\testablish and maintain a Provident Fund and require any of its officers or other employees to contribute to such Fund and may itself contribute to it in such manner and proportion as may be prescribed; (b)\tprovide for the payment of 67* * * gratuity to its officers and other employees after retirement; (c)\tgrant a special 68* * * gratuity to the family of any of its officers or other employees who dies of disease or injury contacted or suffered in the discharge of his duties; (d)\toperate scheme of social insurance for its officers and other employees and require them to subscribe to it; (e)\testablish and maintain a Benevolent Fund out of which shall be paid such relief as may be prescribed.",
"name": "Provident Fund, * * * and other facilities for officers, etc.",
"related_acts": "",
"section_id": 55
},
{
"act_id": 633,
"details": "51. (1) An officer or other employee of the Corporation may be censured, fined, reduced in rank, compulsorily retired, suspended, removed or dismissed, or his increment or promotion may be withheld, for any breach of any departmental regulation or discipline or for any carelessness or negligence of duty or for corruption or other misconduct by such authority and in such manner as may be prescribed: Provided that no such officer or other employee shall be removed or dismissed or reduced in rank by an authority subordinate to that by which he was appointed. (2) No such officer or other employee shall be removed or dismissed or reduced in rank unless he has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him: Provided that this sub section shall not apply- (a)\twhere an officer or other employee is removed or dismissed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge; or (b)\twhere the authority empowered to remove or dismiss an officer or other employee or to reduce him in rank is satisfied that for some reason to be recorded by that authority in writing it is not reasonably practicable to give that officer or other employee an opportunity of showing cause. (3) Any officer or other employee upon whom a punishment has been inflicted under this section may appeal to such authority as may be specified by rules.",
"name": "Punishment of officers and employees",
"related_acts": "",
"section_id": 56
},
{
"act_id": 633,
"details": "52. All officers and other employees of the Corporation shall be subordinate to the Chief Executive Officer who shall specify the duties of, and exercise supervision and control over, such officers and other employees.",
"name": "Officers and employees to be subordinate to Chief Executive Officer",
"related_acts": "",
"section_id": 57
},
{
"act_id": 633,
"details": "53. Subject to the provisions of this Ordinance, the Government may by rules- (a)\tprescribe the conditions of service of the officers and other employees of the Corporation; (b)\tprescribe the qualifications for various posts under the Corporation; (c)\tprescribe the principles to be followed in making appointment to various posts under the Corporation; (d)\tfix the amount and nature of security, if any, to be furnished by the officers and other employees of the Corporation; (e)\tregulate the grant of leave and leave allowance to the officers and other employees of the Corporation; (f)\tregulate the conduct of the officers and other employees of the Corporation; 69(ff) \tprovide for transfer of officers and other employees of the Corporation to any other local authority; (g)\tprovide for other matters necessary for the efficient discharge of duties by the officers and other employees of the Corporation.",
"name": "Terms and conditions of service",
"related_acts": "",
"section_id": 58
},
{
"act_id": 633,
"details": "54. (1) There shall be formed a fund for the Corporation which shall be known as the Corporation Fund. (2) To the credit of the Corporation Fund formed under sub-section (1) shall be placed- (a)\tthe proceeds of all taxes, rates, cesses, tolls, fees and other charges levied by the Corporation under this Ordinance; (b)\tall rents and profits payable or accruing to the Corporation from the property vested in or managed by the Corporation; (c)\tall sums received by the Corporation in the performance of its functions under this Ordinance or under any other law for the time being in force; (d)\tall sums contributed by individuals or institutions or other local authorities; (e)\tall receipts accruing from the trusts placed under the management of the Corporation; (f)\tall grants made by the Government or other authorities; (g)\tall loans raised and all profits accruing from investments; and (h)\tsuch proceeds from such sources of income as the Government may direct to be placed at the disposal of the Corporation.",
"name": "Constitution of Corporation Fund",
"related_acts": "",
"section_id": 59
},
{
"act_id": 633,
"details": "55. (1) The moneys credited to the Corporation Fund shall be kept in a Bank transacting the business of a Government Treasury or in such other manner as may be specified by the Government from time to time. (2) The Corporation may invest any portion of the Corporation Fund in such manner as may be prescribed. (3) The Corporation may, and if required by the Government, shall, establish and maintain a separate fund for any special purpose, which shall be administered and regulated in such manner as may be prescribed.",
"name": "Custody or investment of Corporation Fund and establishment of special funds",
"related_acts": "",
"section_id": 60
},
{
"act_id": 633,
"details": "56. The moneys credited from time to time to the Corporation Fund shall be applied in the following order of preference:- firstly, in the payment of salaries and allowances to the Chief Executive Officer and other officers and employees of the Corporation; secondly, in the repayment of loans; thirdly, in meeting the expenditure charged on the Corporation Fund under this Ordinance; fourthly, in the fulfilment of any obligation and in the discharge of any duty imposed on the Corporation under this Ordinance or under any other law for the time being in force; fifthly, in meeting the expenditure declared by the Corporation, with the previous sanction of the Government, to be an appropriate charge on the Corporation Fund; and sixthly, in meeting the expenditure declared by the Government to be an appropriate charge on the Corporation Fund.",
"name": "Application of Corporation Fund",
"related_acts": "",
"section_id": 61
},
{
"act_id": 633,
"details": "57. (1) The following expenditure shall be charged on the Corporation Fund, namely:- (a)\tall sums to be paid to, or in connection with the employment of, the Chief Executive Officer and other officers and employees of the Corporation and any Government servant who is or has been in the service of the Corporation; (b)\tsuch sums as the Corporation may be required by the Government to contribute towards the conduct of elections, the auditing of accounts and such other matters as may from time to time be specified by the Government; (c)\tany sum required to satisfy any judgment, decree or award against the Corporation by any Court or tribunal; and (d)\tany expenditure declared by the Government to be so charged. (2) If any expenditure charged on the Corporation Fund is not paid, the Government may, by order, direct the person or persons having the custody of the Corporation Fund to pay such amount or so much thereof as may from time to time be possible, from the balance of the Corporation Fund.",
"name": "Charged expenditure",
"related_acts": "",
"section_id": 62
},
{
"act_id": 633,
"details": "58. No payment of any sum out of the Corporation Fund shall be made unless the expenditure of the same is covered by a current budget grant and a sufficient balance of such budget-grant is still available: Provided that this section shall not apply to payments made under section 57.",
"name": "Payments not to be made unless covered by a budget grant",
"related_acts": "",
"section_id": 63
},
{
"act_id": 633,
"details": "59. (1) On a written requisition from the Government, the Chief Executive Officer may at any time undertake the execution of any work which may be urgently required in the interest of public service, and for this purpose may temporarily make payments from the Corporation Fund so far as the sum can be met without unduly interfering with the regular working of the Corporation administration. (2) The cost of all works so executed and all the establishments engaged in executing the same shall be paid by the Government and credited to the Corporation Fund. (3) On receipt of any requisition under sub section (1), the Chief Executive Officer shall forthwith forward a copy thereof to the Corporation together with a report of the steps taken by him in pursuance of the same.",
"name": "Temporary payment from Corporation Fund for works urgently required for public service",
"related_acts": "",
"section_id": 64
},
{
"act_id": 633,
"details": "60. (1) The Corporation shall, in the prescribed manner, prepare and sanction, before the first day of June each year, a statement of its estimated receipts and expenditure for the next ensuing financial year hereinafter referred to as the budget, and forward a copy thereof to the Government. (2) If the budget is not prepared or sanctioned by the Corporation before the first day of June as mentioned in sub section (1), the Government may have the necessary statement prepared and certify it, and such certified statement shall be deemed to be the sanctioned budget of the Corporation. (3) Within thirty days of the receipt of the copy of a budget under sub section (1), the Government may, by order, modify it, and the budget so modified shall be deemed to be the sanctioned budget of the Corporation. (4) At any time before the expiry of the financial year to which a budget relates, a revised budget for the year may, if necessary, be prepared and sanctioned, and such revised budget shall, so far as may be, be subject to the provisions of this section. (5) Where the Corporation assumes office under this Ordinance for the first time, its budget for the financial year during which it assumes office shall relate to the remaining period of that year, and the other provisions of this section shall mutatis mutandis apply.",
"name": "Budget",
"related_acts": "",
"section_id": 65
},
{
"act_id": 633,
"details": "61. (1) Accounts of the receipts and expenditure of the Corporation shall be kept in the prescribed manner and form. (2) An annual statement of the accounts shall be prepared after the close of every financial year, and shall be forwarded to the Government by the thirty-first December of the following financial year. (3) A copy of the annual statement of accounts shall be placed at a conspicuous place in the office of the Corporation for public inspection, and all objections or suggestions concerning such accounts received from the public shall be considered by the Corporation and brought to the notice of the audit authority referred to in section 62.",
"name": "Accounts",
"related_acts": "",
"section_id": 66
},
{
"act_id": 633,
"details": "62. (1) The accounts of the Corporation shall be audited every year by the Comptroller and Auditor General of Bangladesh (hereinafter in this section referred to as the Auditor General) in such manner as he deems fit. (2) For the purpose of an audit under sub section (1), the Auditor-General or any person authorised by him in that behalf shall have access to all records, books, vouchers, documents, cash, stamps, securities, stores and other property of the Corporation and may examine the Mayor, 70* * * any Commissioner, the Chief Executive Officer or any other officer or employee of the Corporation. (3) On the completion of the audit, the Auditor General shall submit to the Government an audit report, which shall, among other things, mention- (a)\tcases of embezzlement; (b)\tcases of loss, waste or misappropriation of the Corporation Fund; (c)\tcases of other irregularities in the maintenance of accounts; and (d)\tthe names of the persons who, in his opinion, are directly or indirectly responsible for such embezzlement, loss, waste, misappropriation or irregularities. (4) The Auditor General shall send to the Corporation a copy of the audit report submitted by him to the Government under sub section (3). (5) The Corporation shall forthwith remedy any defects or irregularities that may be pointed out by the Auditor General and shall report to the Government the action taken by it. (6) The Corporation shall publish the audit report with its replies to each item thereof within three months of the receipt by it of the copy thereof and shall make the same available for sale to the public.",
"name": "Audit",
"related_acts": "",
"section_id": 67
},
{
"act_id": 633,
"details": "63. (1) Subject to the provisions of this Ordinance, the rules, the Local Authorities Loans Act, 1914 (IX of 1914), and any other law for the time being in force, the Corporation may, with the previous sanction of the Government, raise loans in the prescribed manner, and make suitable arrangements, to the satisfaction of the Government, for the repayment of the loans in such instalments as may be fixed. (2) The Corporation may, and if required by the Government, shall, establish and maintain such separate funds as may be necessary for the repayment of loans, and the Government may, among other things, require that any specified item of income of the Corporation shall wholly or in part be earmarked for and apply in the repayment of loans.",
"name": "Loans",
"related_acts": "103",
"section_id": 68
},
{
"act_id": 633,
"details": "64. (1) The Government may by rules- (a)\tprovide for the management, maintenance, improvement and development of the property belonging to or vesting in the Corporation; (b)\tregulate the alienation of such property; and (c)\tprovide for the compulsory acquisition of such immovable property as may be required by the Corporation for the purposes of this Ordinance. (2) The Corporation may- (a)\tmanage, maintain, inspect, develop or improve any property which is owned by or vests in it or which is placed under its charge; (b)\tapply such property for the purposes of this Ordinance or the rules; and (c)\tacquire or transfer by grant, gift, sale, mortgage, lease, exchange or otherwise any property with the previous sanction of the Government.",
"name": "Property of the Corporation",
"related_acts": "",
"section_id": 69
},
{
"act_id": 633,
"details": "65. The Mayor, 71* * * every Commissioner, the Chief Executive Officer and every other officer or employee of the Corporation and every person charged with the administration of the affairs of the Corporation or acting on behalf of the Corporation, shall be liable for the loss, waste or misapplication of any money or property belonging to the Corporation, which is a direct consequence of his negligence or misconduct, and the liability of the Mayor, 72* * * the Commissioner, the Chief Executive Officer or other officer or employee or person shall be determined by the Government in the prescribed manner, and the amount for which he is held liable shall be recoverable as a public demand.",
"name": "Recovery against liabilities",
"related_acts": "",
"section_id": 70
},
{
"act_id": 633,
"details": "66. The Corporation, with the previous sanction of the Government, may levy, in the prescribed manner, all or any of the taxes, rates, cesses, tolls and fees mentioned in the Second Schedule.",
"name": "Corporation taxation",
"related_acts": "",
"section_id": 71
},
{
"act_id": 633,
"details": "67. (1) All taxes, rates, cesses, tolls and fees levied by the Corporation shall be notified in the official Gazette, and, unless otherwise directed by the Government, shall be subject to previous publication. (2) Where a proposal for the levy of a tax, rate, cess, toll or fee or for a modification of tax, rate, cess, toll or fee which is in force, is sanctioned, the sanctioning authority shall specify the date for the enforcement thereof, and such tax, rate, cess, toll or fee or the modification shall come into force on such date.",
"name": "Notification and enforcement of taxes",
"related_acts": "",
"section_id": 72
},
{
"act_id": 633,
"details": "68. The Government may frame model tax schedules and where such schedules, have been framed, the Corporation shall be guided by them in levying a tax, rate, cess, toll or fee.",
"name": "Model tax schedules",
"related_acts": "",
"section_id": 73
},
{
"act_id": 633,
"details": "69. (1) The Government may direct the Corporation (a)\tto levy any tax, rate, cess, toll or fee which the Corporation is competent to levy under section 66; or (b)\tto increase or reduce any such tax, rate, cess, toll or fee, or the assessment thereof, to such extent as may be specified; or (c)\tto exempt any person or class of persons or property or class of property from the levy of any such tax, rate, cess, toll or fee or suspend or abolish the levy of any such tax, rate, cess, toll or fee. (2) If a direction issued under sub section (1) is not complied with, within the specified time, if any, the Government may make an order giving effect to the direction.",
"name": "Directions with regard to levy of taxes",
"related_acts": "",
"section_id": 74
},
{
"act_id": 633,
"details": "70. (1) The Corporation may, by notice, call upon any person to furnish such information, produce such record or accounts, or to present such goods or animals liable to any tax, rate, cess, toll or fee, as may be necessary for the purpose of determining the liability of such person, goods or animals to a tax, rate, cess, toll or fee, or the assessment thereof. (2) Any official of the Corporation authorised in this behalf may, after due notice, enter upon any building or premises for the purposes of assessing the liability of such building or premises to any tax, or inspecting any goods or animal therein liable to any tax. (3) Any official of the Corporation authorised in this behalf may, in the prescribed manner, seize and dispose of any goods on which any octroi, terminal tax or toll is due and is not paid.",
"name": "Liability on account of taxes",
"related_acts": "",
"section_id": 75
},
{
"act_id": 633,
"details": "71. (1) All taxes, rates, cesses, tolls and fees levied under this Ordinance shall be collected in the prescribed manner. (2) All arrears of taxes, rates, cesses, tolls and fees, and other moneys claimable by the Corporation under this Ordinance shall be recoverable as a public demand. (3) Notwithstanding the provisions of sub section (2), the Government may empower the Corporation to recover arrears of taxes, rates, cesses, tolls, fees and other moneys claimable by the Corporation under this Ordinance by distress and sale of movable property belonging to the person concerned, or by attachment and sale of the immovable property belonging to him. (4) The Government may by rules specify the officials or classes of officials by whom the power under sub section (3) shall be exercised, and prescribe the manner in which it shall be exercised.",
"name": "Collection and recovery of taxes",
"related_acts": "",
"section_id": 76
},
{
"act_id": 633,
"details": "72. No assessment of a tax, rate, cess, toll or fee under this Ordinance, or valuation therefore, or the liability of a person to be so taxed, shall be called in question except by a petition presented to such authority, in such manner and within such period as may be prescribed.",
"name": "Petitions against valuation, assessment, etc.",
"related_acts": "",
"section_id": 77
},
{
"act_id": 633,
"details": "73. If the Corporation levies a tax on professions, trades or callings, it may require the employer of the person liable to such tax to deduct the tax from the salary or wages payable to such person, and on such requisition, the amount of the tax due shall be deducted from the salary or wages of the person concerned and credited to the Corporation Fund, provided that the amount so deducted shall in no case exceed twenty five per cent of the salary or wages.",
"name": "Deduction of taxes from salaries",
"related_acts": "",
"section_id": 78
},
{
"act_id": 633,
"details": "74. (1) All taxes, rates, cesses, tolls, fees and other charges levied by the Corporation shall be imposed, assessed, leased, compounded, administered and regulated in such manner as may be prescribed. (2) Rules framed under this section may, among other matters, provide for the obligations of the tax payers and the duties and powers of the officials and other agencies responsible for the assessment and collection of taxes.",
"name": "Manner in which taxes to be levied, etc",
"related_acts": "",
"section_id": 79
},
{
"act_id": 633,
"details": "75. The Corporation shall be responsible for the sanitation of the City, and for this purpose, it may cause such measures to be taken as are required by or under this Ordinance.",
"name": "Responsibility for sanitation",
"related_acts": "",
"section_id": 80
},
{
"act_id": 633,
"details": "76. (1) The Corporation may by notice require the owner or occupier of any building or land which is in insanitary or unwholesome state- (a)\tto clean or otherwise put it in a proper state; (b)\tto make arrangements to the satisfaction of the Corporation for its proper sanitation; (c)\tto limewash the building and to make such essential repairs as may be specified in the notice; and (d)\tto take such other steps in regard to such building or land as may be so specified. (2) If any requirement of a notice issued under sub section (1) is not complied with, within such period as may be specified in the notice, the Corporation may cause the necessary steps to be taken at the expense of the owner or occupier, and the cost so incurred by the Corporation shall be deemed to be a tax levied on the owner or occupier under this Ordinance.",
"name": "Insanitary Buildings",
"related_acts": "",
"section_id": 81
},
{
"act_id": 633,
"details": "77. (1) The Corporation shall make adequate arrangements for the removal of refuse from all public streets, public latrines, urinals, drains, and all buildings and land vested in the Corporation, and for the collection and proper disposal of such refuse. (2) The occupiers of all other buildings and lands within the Corporation shall be responsible for the removal of refuse from such buildings and lands subject to the general control and supervision of the Corporation. (3) The Corporation may cause public dustbins or other suitable receptacles to be provided at suitable places and where such dustbins or receptacles are provided, the Corporation may, by public notice, require that all refuse accumulating in any premises or land shall be deposited by the owner or occupier of such premises or land in such dustbins or receptacles. (4) All refuse removed and collected by the staff of the Corporation or under their control and supervision and all refuse deposited in the dustbins and other receptacles provided by the Corporation shall be the property of the Corporation.",
"name": "Removal, collection and disposal of refuse",
"related_acts": "",
"section_id": 82
},
{
"act_id": 633,
"details": "78. (1) The Corporation may, and if so required by the Government, shall, provide and maintain, in sufficient number and in proper situation, public latrines and urinals for the separate use of each sex, and shall cause the same to be kept in proper order, and to be properly cleaned. (2) The occupier of any premises to which any latrine or urinal pertains shall keep such latrine or urinal in a proper state to the satisfaction of the Corporation and shall employ such staff for the purpose as may be necessary, or as may be specified by the Corporation. (3) Where any premises are without privy or urinal accommodation, or without adequate privy or urinal accommodation, or the privy or urinal is on any ground objectionable, the Corporation may, by notice require the owner of such premises- (a)\tto provide such, or such additional, privy or urinal accommodation as may be specified in the notice; (b)\tto make such structural or other alterations in the existing privy or urinal accommodation as may be so specified; (c)\tto remove the privy or urinal; and (d)\twhere there is an underground sewerage system, to substitute connected privy or connected urinal accommodation for any service privy or service-urinal accommodation.",
"name": "Latrines and urinals",
"related_acts": "",
"section_id": 83
},
{
"act_id": 633,
"details": "79. (1) The Corporation shall register all births, deaths and marriages within the limits of the City and information of such births, deaths and marriages shall be given by such persons or authorities, and shall be registered in such manner, as the by laws may provide. (2) The by laws made under sub section (1) may exempt any class or classes of marriages information in respect of which is not deemed necessary for registration under this section.",
"name": "Births, deaths and marriages",
"related_acts": "",
"section_id": 84
},
{
"act_id": 633,
"details": "80. (1) The Corporation shall adopt such measures to prevent infectious diseases and to restrain infection within the City as the rules and by-laws may provide. (2) The Corporation may, and if so required by the Government, shall, establish and maintain one or more hospitals for the reception and treatment of persons suffering from infectious diseases. (3) The Corporation may, in the prescribed manner, frame and implement schemes for the prevention and control of infectious diseases.",
"name": "Infectious diseases",
"related_acts": "",
"section_id": 85
},
{
"act_id": 633,
"details": "81. The Corporation may, and if so required by the Government, shall- (a)\testablish, manage, maintain or contribute towards the maintenance of health centres, maternity centres and centres for the welfare of women, infants and children; (b)\tprovide for the training of dais; (c)\tprovide for the promotion of family planning; and (d)\tadopt such other measures as may be necessary to promote the health and welfare of women, infants and children.",
"name": "Health and maternity centres, etc.",
"related_acts": "",
"section_id": 86
},
{
"act_id": 633,
"details": "82. Subject to the provisions of this Ordinance and the rules, the Corporation may, and if the Government so directs, shall, take such measures for promoting public health, including education in health, as it considers necessary or, as the case may be, the Government directs.",
"name": "Promotion of public health",
"related_acts": "",
"section_id": 87
},
{
"act_id": 633,
"details": "83. (1) The Corporation may, and if so required by the Government, shall, establish and maintain such number of hospitals and dispensaries as may be necessary for the medical relief of the inhabitants of the City, and the people visiting it. (2) Every hospital and dispensary maintained by the Corporation shall be managed and administered in such manner as may be prescribed. (3) Subject to any directions that may be given in this behalf by the Government, every hospital and dispensary maintained by the Corporation shall be provided with such drugs, medicines, instruments, appliances, equipments, apparatus and furniture in accordance with such scale and standards as may be prescribed.",
"name": "Hospitals and dispensaries",
"related_acts": "",
"section_id": 88
},
{
"act_id": 633,
"details": "84. The Corporation may, and if so required by the Government, shall, take such measures as may be necessary or as may be specified by the Government for- (a)\tthe provision and maintenance of first aid centres; (b)\tthe provision and maintenance of mobile medical aid units; (c)\tthe promotion and encouragement of societies for the provision of medical aid; (d)\tthe promotion of medical education; (e)\tthe payment of grants to institutions for medical relief ; and (f)\tthe medical inspection of school children.",
"name": "Medical aid and relief, and medical education, etc.",
"related_acts": "",
"section_id": 89
},
{
"act_id": 633,
"details": "85. (1) Subject to any law for the time being in force, the Corporation may provide, or cause to be provided to the City a supply of wholesome water sufficient for public and private purposes. (2) The Corporation may, and if so required by the Government, shall, in the prescribed manner, frame and execute a water supply scheme for the construction and maintenance of such works for the provision, storage and distribution of water as may be necessary. (3) Where a piped water supply is provided, the Corporation may supply water to private and public premises in such manner and on payment of such charges as the by-laws may provide.",
"name": "Water supply",
"related_acts": "",
"section_id": 90
},
{
"act_id": 633,
"details": "86. (1) All private sources of water supply within the City shall be subject to control, regulation and inspection by the Corporation. (2) No new well, water pump or any other source of water for drinking purposes shall be dug, constructed or provided except with the sanction of the Corporation. (3) The Corporation may, by notice require the owner or any person having the control of any private source of water supply used for drinking purposes- (a)\tto keep the same in good order and to clear it from time to time of silt, refuse and decaying matter; (b)\tto protect the same from contamination in such manner as the Corporation may direct; and (c)\tif the water therein is proved to the satisfaction of the Corporation to be unfit for drinking purposes, to take such measures as may be specified in the notice to prevent the use of such water for drinking purposes.",
"name": "Private sources of water supply",
"related_acts": "",
"section_id": 91
},
{
"act_id": 633,
"details": "87. (1) Subject to any law for the time being in force, the Corporation shall provide an adequate system of public drains in the City area and all such drains shall be constructed, maintained, kept, cleared and emptied with due regard to the health and convenience of the public. (2) Every owner or occupier of any land or building within the City may, with the previous permission of the Corporation, and subject to such terms and conditions, including the payment of fees, as the Corporation may impose, cause his drains to be emptied into public drains. (3) All private drains shall be subject to control, regulation and inspection by the Corporation, and the Corporation may, in such manner as the by laws may provide, require the provision, alteration, covering, clearing and closing of private drains.",
"name": "Drainage",
"related_acts": "",
"section_id": 92
},
{
"act_id": 633,
"details": "88. (1) The Corporation may, and if so required by the Government, shall, prepare a Drainage Scheme in the prescribed manner for the construction of drains at public and private expense, and other works for the effective drainage and disposal of sullage. (2) A Drainage Scheme prepared under sub section (1) shall be submitted for approval to the Government, which may approve it, reject it, or approve it subject to such modifications as it may deem fit. (3) The Drainage Scheme as approved by the Government shall be executed and implemented in such manner, within such period and by such authority as may be specified by the Government. (4) The Corporation may by notice require the owner of any building or land within the City- (a)\tto construct such drains within the building or land or the street adjoining such building or land as may be specified in the notice; (b)\tto remove, alter or improve any such drains; and (c)\tto take such other steps for the effective drainage of the building or land as may be so specified.",
"name": "Drainage Schemes",
"related_acts": "",
"section_id": 93
},
{
"act_id": 633,
"details": "89. (1) The Corporation may from time to time- (a)\tset apart suitable places for use by the public for bathing, for washing clothes, or for drying clothes; (b)\tspecify the times at which and the sex of persons by whom such places may be used; and (c)\tprohibit, by public notice, the use by the public for any of the said purposes of any place not so set apart. (2) No person shall establish, maintain or run a hamam or a bath for public use except under a licence granted by the Corporation, and in conformity with the conditions and terms of such licence.",
"name": "Bathing and washing places",
"related_acts": "",
"section_id": 94
},
{
"act_id": 633,
"details": "90. (1) The Corporation may provide dhobi ghats for the exercise of their calling by washermen, and may by by laws regulate the use of dhobi ghats and levy fees for their use. (2) The Corporation may by by laws provide for the licensing of washermen and the regulation of their calling.",
"name": "Dhobi ghats and washermen",
"related_acts": "",
"section_id": 95
},
{
"act_id": 633,
"details": "91. (1) The Corporation may, with the previous sanction of the Government, declare any source of water, spring, river, tank, pond, or public stream, or any part thereof within the City, which is not private property, to be a public water course. (2) The Corporation may in respect of any public water course provide such amenities, make such arrangements for life saving, execute such works, and subject to the provisions of any law for the time being in force relating to irrigation, drainage and navigation, regulate the use thereof, as the by-laws may provide.",
"name": "Public water courses",
"related_acts": "",
"section_id": 96
},
{
"act_id": 633,
"details": "92. (1) The Corporation may by by-laws provide for the licensing of boats and other vessels plying for hire in a public water-course and may prescribe the terms and conditions for the grant of licences and the fees to be charged therefore. (2) The Government may declare any part of a public water course to be a public ferry and may entrust the management thereof to the Corporation, and thereupon the Corporation shall manage and operate the public ferry in such manner and levy such tolls as may be prescribed",
"name": "Public ferries",
"related_acts": "",
"section_id": 97
},
{
"act_id": 633,
"details": "93. The Corporation may with the previous sanction of the Government, declare any public water course as a public fishery, and thereupon the right of fishing in such water course shall vest in the Corporation which may exercise such right in such manner as may be prescribed.",
"name": "Public fisheries",
"related_acts": "",
"section_id": 98
},
{
"act_id": 633,
"details": "94. The Corporation may by by laws- (a)\tprohibit the manufacture, sale or preparation, or the exposure for sale of any specified article of food or drink in any place or premises not licensed by the Corporation; (b)\tprohibit the import into the City for sale, or the sale, or the hawking for sale, of any specified article of food or drink by person not so licensed; (c)\tprohibit the hawking of specified articles of food and drink in such parts of the City as may be specified; (d)\tregulate the time and manner of transport within the City of any specified article of food or drink; (e)\tregulate the grant and withdrawal of licences under this section and the levying of fees therefore; and (f)\tprovide for the seizure and disposal of any animal, poultry or fish intended for food which is diseased, or any article of food or drink which is noxious.",
"name": "By laws for articles of food and drink",
"related_acts": "",
"section_id": 99
},
{
"act_id": 633,
"details": "95. (1) Except under a licence granted by the Corporation, and in conformity with the conditions of such licence, no person shall, within the City, keep milch cattle for the sale of milk, or sell milk, or expose or import milk for sale, or manufacture butter, ghee, or any other milk or Dairy product, nor shall any premises be used for any such purpose. (2) The Corporation may, in the prescribed manner, and with the previous sanction of the Government, frame and enforce a Milk Supply Scheme, which may, among other matters, provide for the establishment of milkmen's colonies, the prohibition of the keeping of milch cattle in the City or any part thereof, and the adoption of such other measures as may be necessary for ensuring an adequate supply of pure milk to the public.",
"name": "Milk Supply",
"related_acts": "",
"section_id": 100
},
{
"act_id": 633,
"details": "96. 73(1) Subject to any law for the time being in force, the Corporation may establish and maintain public markets, and secure the proper management and sanitation of such markets.\t(1A) Notwithstanding anything contained in any other law for the time being in force, the Corporation may, for the purpose of construction of public markets, realise such salami or advanced rent from the intending occupants on such terms and conditions as it may determine. (2) The Corporation may, in respect of a public market, provide by by-laws- (a)\tthe fees to be charged for the use of or for the right to expose goods in the market; (b)\tthe fees to be levied on vehicles and animals bringing goods therein for sale; (c)\tthe fees to be charged for the use of shops, stalls, pens or stamps; (d)\tthe fees to be charged in respect of animals brought for sale or sold; and (e)\tthe fees to be charged from brokers, commission agents, weighmen and other persons practising their calling therein.",
"name": "Public markets",
"related_acts": "",
"section_id": 101
},
{
"act_id": 633,
"details": "7496A. (1) No private market shall be established or maintained within the Corporation except under a licence granted by the Corporation and in conformity with the conditions of such licence. (2) Notwithstanding the provisions of sub section (1), the owner of every private market within the Corporation maintained immediately before the coming into force of this Ordinance, shall, within three months, apply for a licence to the Corporation and until the licence is granted shall continue to maintain the same. (3) The Corporation may levy such fees in respect of private markets as the by-laws may provide. (4) If the Corporation is satisfied that in public interest any private market should be discontinued or taken over by the Corporation, it may direct that the market should be discontinued, or that, subject to the payment of such compensation as would have been payable if it had been acquired under the Acquisition and Requisition of Immovable Property Ordinance, 1982 (II of 1982), the market should be taken over by the Corporation. (5) The Corporation may, by a notice, require the owner of any private market to construct such works, provide such conveniences and make such arrangements for the maintenance of the market, and within such period, as may be specified in the notice.",
"name": "Private markets",
"related_acts": "619",
"section_id": 102
},
{
"act_id": 633,
"details": "97. The Corporation shall provide and maintain at such site or sites within or without the limits of the City, as the Government may approve, one or more slaughter-houses for the slaughter of animals or of any specified description of animals for sale.",
"name": "Slaughter-house",
"related_acts": "",
"section_id": 103
},
{
"act_id": 633,
"details": "98. (1) The Corporation may, and if so required by the Government, shall, provide for the establishment and maintenance of veterinary hospitals and dispensaries, and by by-laws regulate their working and fix the fees to be charged for treatment in such hospitals and dispensaries. (2) The Corporation may by by-laws define contagious disease among animals and provide for measures that shall be adopted for prevention of the spread of such diseases, including the compulsory inoculation of animals, and the subjection to such treatment as may be necessary of such animals as may be suspected to have been infected with carriers of any such diseases.",
"name": "Animal husbandry",
"related_acts": "",
"section_id": 104
},
{
"act_id": 633,
"details": "99. (1) The Corporation may by by-laws provide for the seizure, detention and impounding of animals found straying in any street, public place or cultivated land. (2) The Corporation may, and if so required by the Government, shall, establish and maintain cattle pounds for impounding of cattle and charge such fines and fees for the impounding of cattle as the by-laws may provide. (3) No animal shall be picketed or tethered in such streets or places as may be specified by the Corporation, and any animal found picketed or tethered in any such street or place shall be liable to seizure and impounding.",
"name": "Stray animals",
"related_acts": "",
"section_id": 105
},
{
"act_id": 633,
"details": "100. (1) The Corporation may, with previous approval of the Government, establish and maintain Animal Homes, where, subject to such terms and conditions and on the payment of such fees and other charges, as the by-laws may provide, the animals of private persons may be kept. (2) The Corporation may, with the previous approval of the Government, establish and maintain cattle farms and poultry farms, and such farms shall be managed and administered in such manner as the by-laws may provide.",
"name": "Animal homes and farms",
"related_acts": "",
"section_id": 106
},
{
"act_id": 633,
"details": "101. (1) The Corporation may by by-laws require that every sale of such of the animals as may be specified shall be registered with the Corporation in such manner, and subject to the payment of such fees, as the by-laws may provide.",
"name": "Registration of the sale of cattle",
"related_acts": "",
"section_id": 107
},
{
"act_id": 633,
"details": "102. (1) The Corporation may, with the previous approval of the Government, frame and execute a Livestock Scheme, which may, among other matters, provide that no person shall keep such animals above such age as may be specified, unless they are castrated or are certified by competent authority to be fit for breeding.",
"name": "Livestock improvement",
"related_acts": "",
"section_id": 108
},
{
"act_id": 633,
"details": "103. The Corporation may by by-laws define the animals which shall be deemed to be dangerous animals and the circumstances under which animals not otherwise dangerous shall be deemed to be dangerous, and such by-laws may, among other matters, provide for the detention, destruction or disposal otherwise of such animals.",
"name": "Dangerous animals",
"related_acts": "",
"section_id": 109
},
{
"act_id": 633,
"details": "104. (1) The Corporation may hold cattle shows and fairs within the limits of the City and charge such fees from the people attending such shows or fairs as the by-laws may provide. (2) The Corporation may, with the previous approval of the Government, maintain or contribute towards the maintenance of zoological gardens.",
"name": "Cattle shows, zoos, etc.",
"related_acts": "",
"section_id": 110
},
{
"act_id": 633,
"details": "105. Whenever an animal in the charge of a person dies, otherwise than by being slaughtered for sale or consumption, or for some other religious purpose, such persons shall either- (a)\tconvey the carcass within twenty four hours to a place, if any, fixed by the Corporation for the disposal of the dead bodies of animals, or to a place beyond the limits of the City, not being a place within one mile of such limits; or (b)\tgive notice of the death to the Corporation, whereupon the Corporation shall cause the carcass to be disposed of and charge such fees from the person concerned as the by-laws may provide. Explanation.- In this section “animal” shall be deemed to mean all horned cattle, elephants, camels, horses, ponies, asses, mules, deer, sheep, goats, swine, dogs, cats and other large animals.",
"name": "Disposal of carcasses",
"related_acts": "",
"section_id": 111
},
{
"act_id": 633,
"details": "106. The Corporation may, and if so required by the Government, shall, draw up a Master Plan for the City which shall, among other matters, provide for - (a)\ta survey of the City including its history, statistics, public services and other prescribed particulars; (b)\tdevelopment, expansion, and improvement of any area within the City; and (c)\trestrictions, regulations and prohibitions to be imposed with regard to the development of sites, and the erection and re-erection of buildings within the City.",
"name": "Master Plan",
"related_acts": "",
"section_id": 112
},
{
"act_id": 633,
"details": "107. (1) Where a Master Plan has been drawn up under section 106 and such Master Plan has been approved, with or without any modifications by the Government, no owner of lands exceeding such area as may be specified in this behalf in the Master Plan as so approved, shall develop the site or erect or re-erect a building or any plot of land covered by the Master Plan, except in conformity with the provisions of a Site Development Scheme sanctioned for the area in the prescribed manner. (2) Among other matters, a Site Development Scheme may provide for- (a)\tthe division of the site into plots; (b)\tthe streets, drains, and open spaces to be provided; (c)\tthe land to be reserved for public purposes and to be transferred to the Corporation; (d)\tthe land to be acquired by the Corporation; (e)\tthe price of plots; (f)\tthe works that shall be executed at the cost of the owner or owners of the site or sites; and (g)\tthe period during which the area shall be developed.",
"name": "Site Development Schemes",
"related_acts": "",
"section_id": 113
},
{
"act_id": 633,
"details": "108. (1) The execution of a Site Development Scheme shall be subject to the inspection and control of the Corporation, and the Corporation may give such directions with regard to the execution of the Scheme as may be necessary for the proper development of site. (2) If any area is developed or otherwise dealt with in contravention of the provisions of the sanctioned Site Development Scheme, the Corporation may by notice require the owner of such area or the person who has contravened the provisions to make such alteration in the site as may be specified in the notice and where such alteration is not made or for any reason cannot be carried out, the Corporation may, in the prescribed manner, require and enforce the demolition of the offending structure, and notwithstanding anything to the contrary contained in any law, no compensation shall be payable for such demolition. (3) If an area for which a Site Development Scheme has been sanctioned is not developed within the period provided in the Site Development Scheme and further extension is not allowed by the Corporation, or if the development is not in conformity with the terms of the Site Development Scheme, the Corporation may, in the prescribed manner, take over the development of the site and execute the necessary works, and the cost incurred thereon by the Corporation shall be deemed to be a tax levied on the owner or owners under this Ordinance. ,",
"name": "Execution of Site Development Schemes",
"related_acts": "",
"section_id": 114
},
{
"act_id": 633,
"details": "109. (1) If any building, or anything fixed thereon, be deemed by the Corporation to be in a ruinous state or like to fall or in any way dangerous to any inhabitant of such building or of any neighbouring building or to any occupier thereof or to passers-by, the Corporation may by notice require the owner or occupier of such building to take such action in regard to the building as may be specified in the notice, and if there is dthe Corporation may take the necessary steps itself and the cost incurred thereon by the Corporation shall be deemed to be a tax levied on the owner or occupier of the building under this Ordinance. (2) If a building is in a dangerous condition, or otherwise unfit for human habitation, the Corporation may prohibit the occupation of such building till it has been suitably repaired to the satisfaction of the Corporation.",
"name": "Regulation of buildings",
"related_acts": "",
"section_id": 115
},
{
"act_id": 633,
"details": "110. (1) The Corporation shall provide and maintain such public streets and other means of public communication as may be necessary for the comfort and convenience of the inhabitants of the City and of the visitors thereto. (2) The Corporation shall, in the prescribed manner, prepare and execute a Road Maintenance and Development Programme, which shall form a part of the budget, and the Government may alter or amend the programme in such manner as it considers necessary.",
"name": "Public streets",
"related_acts": "",
"section_id": 116
},
{
"act_id": 633,
"details": "111. (1) No new street shall be laid out except with the previous sanction of the Corporation, and in conformity with the terms and conditions of such sanction. (2) All streets other than public streets shall he maintained in such manner as the by-laws may provide. (3) The Corporation may by notice require that any street may be saved, metalled, drained, channelled, improved or lighted in such manner as may be specified in the notice, and in the event of default, the Corporation may have the necessary work done through its agency, and the cost incurred thereon by the Corporation shall be deemed to be a tax levied on the person concerned under this Ordinance. (4) The Government may prescribe the manner in which a street other than a public street may be converted into a public street.",
"name": "Streets",
"related_acts": "",
"section_id": 117
},
{
"act_id": 633,
"details": "112. (1) The Corporation may, with the previous sanction of the Government, assign names to streets and paint the names or fix the name plates on or at conspicuous places at or near the end, corner or entrance of the street. (2) No person shall destroy, deface or in any way injure any street, name or name plate, or without the previous permission of the Corporation, remove the same. (3) The Corporation may, in the manner provided in the by laws, lay down street lines and building lines, and may, among other things, require the setting back of buildings to conform to such street lines and building lines. (4) The Corporation may by by laws define nuisances and offences with regards to streets, and provide for their prevention and abatement.",
"name": "General provisions about streets",
"related_acts": "",
"section_id": 118
},
{
"act_id": 633,
"details": "113. (1) No person shall make an encroachment, movable or immovable, on, over or under a street or a drain or any land, house gully or building or park except under a licence granted by the Corporation and to the extent permitted by the licence. (2) The Corporation may by notice require the person responsible for any such encroachment to remove the same within such period as may be specified and if the encroachment is not removed within such period, the Corporation may cause the encroachment to be removed through its own agency, and the cost incurred thereon by the Corporation shall be deemed to be a tax levied on the persons responsible for the encroachment under this Ordinance. (3) Any person aggrieved by a notice issued under sub section (2) may within fifteen days, appeal to the Government whose decision thereon shall be final. (4) Notwithstanding anything in any other law, no compensation shall be payable for any encroachment removed or required to be removed under this section.",
"name": "Encroachments",
"related_acts": "",
"section_id": 119
},
{
"act_id": 633,
"details": "114. (1) The Corporation shall take such measures as may be necessary for the proper lighting of the public streets and other public places vesting in the Corporation by oil, gas, electricity or such other illuminant as the Corporation may determine. (2) The Corporation may, with the previous sanction of the Government, frame and enforce a Street Lighting Scheme in the prescribed manner.",
"name": "Street lighting",
"related_acts": "",
"section_id": 120
},
{
"act_id": 633,
"details": "115. The Corporation shall take such measures as may be necessary for the watering of public streets for the comfort and convenience of the public, and may, for this purpose, maintain such vehicles, staff and other apparatus as may be necessary.",
"name": "Street watering",
"related_acts": "",
"section_id": 121
},
{
"act_id": 633,
"details": "116. The Corporation shall by by laws make such arrangements for the control and regulation of traffic as may be necessary to prevent danger to and ensure the safety, convenience and comfort of the public.",
"name": "Traffic control",
"related_acts": "",
"section_id": 122
},
{
"act_id": 633,
"details": "117. (1) No person shall keep or let for hire, or drive or propel within the limits of the City any public vehicle, other than a motor vehicle, except under a licence granted by the Corporation, and in conformity with the conditions of such licence. (2) No horse or other animal shall be used for drawing a public vehicle within the limits of the City except under a licence granted by the Corporation and in conformity with the conditions of such licence. (3) The Corporation shall, in such manner as by laws may provide, and with the previous approval of the Government fix the rate of fares for the use of public vehicles, and no person plying a public vehicle shall charge a fare in excess thereof. Explanation. In this section, a “public vehicle” means any vehicle which ordinarily plies for hire.",
"name": "Public vehicles",
"related_acts": "",
"section_id": 123
},
{
"act_id": 633,
"details": "118. (1) For the prevention and extinction of fire, the Corporation may, and if so required by the Government, shall, maintain a fire brigade, consisting of such staff and such number of fire stations, and such implements, machinery, equipment and means of communicating intelligence as may be prescribed. (2) On the occurrence of a fire within the City, any Magistrate, any official of a fire brigade directing the operations, and any police officer not below the rank of Sub-Inspector may- (a)\tremove or order the removal of any person who by his presence interferes or impedes the operations for extinguishing the fire or for saving life and property; (b)\tclose any street or passage in or near which any fire is burning; (c)\tfor the purpose of extinguishing the fire, break into or through, or pull down or cause to be broken into or through, or pulled down, or use for the passage of hoses or other appliances, any premises; (d)\tcause mains and pipes to be shut off so as to give greater pressure of water in or near the place where the fire has occurred; (e)\tcall on the person in charge of any fire engine to render such assistance as may be possible; and (f)\tgenerally take such measures as may appear necessary for the preservation of life and property. (3) No person shall be liable to pay damages in respect of anything done or in good faith intended to be done under this section. (4) Notwithstanding the provisions of sub section (3) or of any other law, or the terms of any insurance policy, any damage done in the exercise of a power conferred, or in the discharge of a duty imposed, by this section shall be deemed to be a damage by fire, for the purposes of any policy of insurance against fire.",
"name": "Fire fighting",
"related_acts": "",
"section_id": 124
},
{
"act_id": 633,
"details": "119. The Corporation shall be responsible for the Civil Defence of the City and it shall, in this behalf, perform such functions as may be prescribed.",
"name": "Civil Defence",
"related_acts": "",
"section_id": 125
},
{
"act_id": 633,
"details": "120. For the fighting of floods, rescuing of people from flood affected areas, and affording relief to flood stricken people, the Corporation may, if so required by the Government, shall, provide such boats, appliances and equipment as may be necessary.",
"name": "Floods",
"related_acts": "",
"section_id": 126
},
{
"act_id": 633,
"details": "121. In the event of a famine, the Corporation may, with the sanction of the Government, execute such famine works and undertake such famine relief measures as may be necessary or may be specified by the Government.",
"name": "Famine",
"related_acts": "",
"section_id": 127
},
{
"act_id": 633,
"details": "122. (1) The Government may by rules define the articles and trades which shall be deemed to be dangerous or offensive for the purposes of this section. (2) Except under and in conformity with the conditions of a licence granted by the Corporation- (a)\tNo person shall carry on any dangerous or offensive trade; (b)\tno premises shall be used or suffered to be used for any dangerous or offensive trade; and (c)\tno person shall store or keep in any premises- (i) \tany dangerous or offensive article except for domestic use; or (ii)\tany dangerous or offensive article in excess of such limits as may be fixed by the by laws. (3) The Corporation may, with the previous sanction of the Government, prepare and enforce a scheme providing for the prohibition of dangerous and offensive trades in specific areas within the City, and for the restriction of such trade in any area not so specified.",
"name": "Dangerous and offensive articles and trades",
"related_acts": "",
"section_id": 128
},
{
"act_id": 633,
"details": "123. (1) The Corporation may, and if so required by the Government, shall, provide suitable places for the burial and burning of the dead, and shall take necessary measures for the proper maintenance and administration of such burial and burning places. (2) The Government may, by notification in the official Gazette, declare that any burial or burning place which is open to public for burial or burning shall vest in the Corporation, and thereupon such burial or burning place shall vest in the Corporation, and the Corporation shall take all measures necessary for the proper maintenance and administration thereof. (3) Every burial or burning place which is not administered by the Corporation shall be registered with the Corporation and shall be subject to regulation, supervision and inspection by the Corporation in such manner as the by laws may provide. (4) No new burial or burning place shall be established within the City except under a licence granted by the Corporation, and in conformity with the conditions of such licence.",
"name": "Burial and burning places",
"related_acts": "",
"section_id": 129
},
{
"act_id": 633,
"details": "124. (1) The Corporation shall plant trees on public streets and other public places within the City and take all such steps as may be necessary for the plantation and protection of trees on such streets and places. (2) The Corporation may, in the prescribed manner and with the previous sanction of the Government, frame and enforce an Arboriculture plan.",
"name": "Arboriculture",
"related_acts": "",
"section_id": 130
},
{
"act_id": 633,
"details": "125. (1) The Corporation may, and if so required by the Government, shall, lay out and maintain within the City such public gardens as may be necessary for the recreation and convenience of the public, and such public gardens shall be maintained and administered in such manner as the by-laws may provide. (2) For every public garden, there shall be framed and enforced, in the prescribed manner, a Garden Development Plan which shall provide for the development and improvement of the garden.",
"name": "Gardens",
"related_acts": "",
"section_id": 131
},
{
"act_id": 633,
"details": "126. The Corporation may provide and maintain within the City such open spaces as may be necessary for the convenience of the public and such spaces shall be grassed, hedged, planted and equipped with such amenities and in such manner as the by laws may provide.",
"name": "Open spaces",
"related_acts": "",
"section_id": 132
},
{
"act_id": 633,
"details": "127. The Corporation may, in the prescribed manner, frame and enforce Forest Plans providing for the improvement, development and exploitation of forests and plant, maintain and work forests in accordance with such plans.",
"name": "Forests",
"related_acts": "",
"section_id": 133
},
{
"act_id": 633,
"details": "128. (1) The Corporation may by by-laws determine the pests of trees and plants and provide for their destruction. (2) If any land or premises within the City is grown with rank or noxious vegetation or undergrowth, the Corporation may by notice require the owner or occupier of such land or premises to clear such vegetation or undergrowth within a specified time, and if he fails to do so within such time, the Corporation may have such vegetation or undergrowth cleared and the cost incurred thereon by the Corporation shall be deemed to be a tax levied on the owner or occupier under this Ordinance. (3) The Corporation may, in the manner provided in the by laws, require the felling of any tree which is dangerous or the trimming of the branches of any tree which overhang and are likely to interfere with traffic or are otherwise inconvenient. (4) The Corporation may, in the manner provided in the by laws prohibit the cultivation of any crop which is considered dangerous to public health within such part of the City as may be specified.",
"name": "Nuisances pertaining to trees and plantations",
"related_acts": "",
"section_id": 134
},
{
"act_id": 633,
"details": "129. The Corporation may, and if so required by the Government, shall, take such steps with regard to the excavation and re excavation of tanks and the reclamation of low-lying areas as it thinks fit, or, as the case may be, the Government directs.",
"name": "Tanks and low lying areas",
"related_acts": "",
"section_id": 135
},
{
"act_id": 633,
"details": "130. (1) The Corporation shall maintain such educational institutions as may be required by the Government and may, with the previous approval of the Government, maintain such other educational institutions as may be necessary for the promotion of education in the City. (2) All educational institutions maintained by the Corporation shall be maintained in a state of efficiency and shall conform to such standards as may be prescribed. (3) The Corporation may levy such fees for the use of educational institutions as may be prescribed. (4) The Corporation may, with the previous approval of the Government, give financial aid to private educational institutions within the City.",
"name": "Education",
"related_acts": "",
"section_id": 136
},
{
"act_id": 633,
"details": "131. Subject to any law for the time being in force, the Corporation shall be responsible for the enforcement of compulsory education in the City, and it may in this behalf adopt all such measures as may be necessary to ensure that every child of school-going age in the City attends a school recognised by the Corporation.",
"name": "Compulsory education",
"related_acts": "",
"section_id": 137
},
{
"act_id": 633,
"details": "132. The Corporation may- (a)\tconstruct and maintain buildings to be used as hostels for students; (b)\tgive scholarships to deserving or specially bright students; (c)\tprovide for the training of teachers; (d)\tpromote adult education; (e)\tprovide school books to orphans and indigent students free of cost or at concessional rates; (f)\tmaintain depots for the sale of school books and articles of stationery; and: (g)\twith the previous approval of the Government- (i)\tpromote and assist educational societies; (ii)\tundertake educational survey and enforce educational plans; (iii)\tprovide, whether free of charge or on payment, milk or meals for school children; (h)\tadopt any other measures likely to promote the cause of education.",
"name": "General provisions about education",
"related_acts": "",
"section_id": 138
},
{
"act_id": 633,
"details": "133. The Corporation may, and if so required by the Government, shall,- (a)\testablish and maintain information centres for the furtherance of civic education and the dissemination of information on such matters as community development and other matters of public interest; (b)\tmaintain radio sets at public institutions and public places; (c)\torganise museums, exhibitions, and art galleries; (d)\tprovide and maintain public halls, and community centres; (e)\tcelebrate the Independence Day and other national holidays; (f)\tprovide for the reception of distinguished visitors visiting the Corporation; (g)\tencourage national language; (h)\tpromote physical culture, and encourage public games and sports and organise rallies and tournaments; (i)\tpromote tours to the City and adopt measures for the preservation of the historical and indigenous characteristics of the City; (j)\tprovide, promote or subsidise facilities for the recreation of the public; and (k)\tadopt any other measures likely to promote cultural progress and advancement.",
"name": "Culture",
"related_acts": "",
"section_id": 139
},
{
"act_id": 633,
"details": "134. The Corporation may, and if so required by the Government, shall, establish and maintain such public libraries, reading rooms and circulating libraries as may be necessary for the use of the public.",
"name": "Libraries",
"related_acts": "",
"section_id": 140
},
{
"act_id": 633,
"details": "135. The Corporation shall, with the previous approval of the Government, make such arrangements on the occasion of any fairs, shows or public festivals within the City as may be necessary for the public health, public safety and public convenience and may levy fees on the persons attending such fairs and shows",
"name": "Fairs and shows, etc.",
"related_acts": "",
"section_id": 141
},
{
"act_id": 633,
"details": "136. The Corporation may, and if so required by the Government, shall,- (a)\testablish, manage and maintain welfare homes, asylums, orphanages, widow homes and other institutions for the relief of the distressed; (b)\tprovide for the burial and burning of paupers found dead within the City at its own expense; (c)\tadopt such measures as may be prescribed for the prevention of beggary, prostitution, gambling, taking of injurious drugs and consumption of alcoholic liquor, juvenile delinquency and other social evils; (d)\torganise social service volunteers; (e)\tadopt such measures as may be prescribed for the promotion of the welfare of backward classes, and women and children; and (f)\tadopt any other measures likely to promote social welfare.",
"name": "Social Welfare",
"related_acts": "",
"section_id": 142
},
{
"act_id": 633,
"details": "137. (1) The Corporation may, and if so required by the Government, shall, prepare and implement development plans for such periods and in such manner as may be specified. (2) Such plans shall be subject to the sanction of the Government and shall provide for- (a)\tthe promotion, improvement and development of such function or functions of the Corporation as may be specified; (b)\tthe manner in which the plans shall be financed, executed, implemented and supervised; (c)\tthe agency through which the plans shall be executed and implemented; and (d)\tsuch other matters as may be necessary. (3) The Government may direct that any specified item of income of the Corporation shall wholly or in part be earmarked and applied in the implementation of a development plan.",
"name": "Development Plans",
"related_acts": "",
"section_id": 143
},
{
"act_id": 633,
"details": "138. The Corporation may, in the prescribed manner, sponsor or promote community development projects for the City or any part thereof and may in this behalf perform such functions as may be prescribed.",
"name": "Community Development Projects",
"related_acts": "",
"section_id": 144
},
{
"act_id": 633,
"details": "139. The Corporation may, in the prescribed manner and with the previous sanction of the Government, promote, administer, execute and implement schemes for undertaking any commercial or business enterprise.",
"name": "Commercial Schemes",
"related_acts": "",
"section_id": 145
},
{
"act_id": 633,
"details": "140. (1) As soon as may be after the first day of July every year, and not later than such date as may be fixed by the Government, the Corporation shall submit to the Government a detailed report of the administration during the preceding year in such form as the Government may direct. (2) Copies of the report shall be kept for sale at the Corporation offices.",
"name": "Annual administration report of the Corporation",
"related_acts": "",
"section_id": 146
},
{
"act_id": 633,
"details": "141. The Government may at any time require the Chief Executive Officer- (a)\tto produce any record, correspondence, plan, or other documents; (b)\tto furnish any return, plan, estimate, statement, accounts or statistics; (c)\tto furnish or obtain and furnish any report; and the Chief Executive Officer shall comply with such requisition",
"name": "Right of Government to call for records",
"related_acts": "",
"section_id": 147
},
{
"act_id": 633,
"details": "142. The Government may depute any officer to inspect or examine any department or office of the Corporation or any service or work undertaken by the Corporation or any property belonging to the Corporation and to report thereon; and the Corporation and all officers and other employees thereof shall be bound to afford the officer so deputed access at all reasonable times to the premises and properties of the Corporation and to all records, accounts and other documents the inspection of which he may consider necessary to enable him to discharge his duties.",
"name": "Inspection",
"related_acts": "",
"section_id": 148
},
{
"act_id": 633,
"details": "143. If, after consideration of anything requisitioned under section 141 or of any report under section 142 or of any information received otherwise, the Government is of opinion- (a)\tthat any action taken is unlawful or irregular or any duty imposed on the Corporation by or under this Ordinance has not been performed or has \tbeen performed in an imperfect, insufficient or unsuitable manner; or (b) \tthat adequate financial provision has not been made for the performance of any duty, the Government may, by order, restrain the Corporation from performing the act or direct the Corporation, within a period specified in the order, to make arrangements to its satisfaction for the proper performance of the duty or to make financial provision to its satisfaction for the performance of the duty, as the case may be, and the Corporation shall comply with such order: Provided that, unless in the opinion of the Government, the immediate execution of such order is necessary, the Government shall, before making an order under this section, give the Corporation an opportunity of showing cause why such order shall not be made.",
"name": "Power of Government to require the Corporation to take action",
"related_acts": "",
"section_id": 149
},
{
"act_id": 633,
"details": "144. If, within the period specified in any order made under section 143, any action directed under that section has not been duly taken, the Government may make arrangements for the taking of such action and may direct that all expenses connected therewith shall be defrayed out of the Corporation Fund.",
"name": "Power of Government to provide for enforcement of direction under section 143",
"related_acts": "",
"section_id": 150
},
{
"act_id": 633,
"details": "145. If, in the opinion of the Government, any proceedings of the Corporation are not in conformity with this Ordinance or the rules, regulations or by laws or with any other law, the Government may, by order, annul or omit from the records such proceedings and do all things necessary to secure such conformity: Provided that the Government shall, before making an order under this section, give the Corporation an opportunity of showing cause why such order should not be made.",
"name": "Power of Government to annul illegal proceedings",
"related_acts": "",
"section_id": 151
},
{
"act_id": 633,
"details": "146. (1) If, in the opinion of the Government, the Corporation- (a)\tis unable to discharge or persistently fails in discharging its duties, or (b)\tis unable to administer its affairs or meet its financial obligations, or (c)\tgenerally acts in a manner contrary to public interests, or (d)\totherwise exceeds or abuses its power, 75or (e)\thas failed, without any reasonable excuse, to collect at least seventy five per cent of the total amount of the tax, rate, cess, toll, fee and other charges levied by it in a year, the Government may, by order published in the official Gazette, supersede the Corporation for such period as may be specified in the order: Provided that the Government shall, before making an order under this section, give the Corporation an opportunity of showing cause why such order should not be made. (2) On the publication of an order under sub section (1)- (a)\tall persons holding office as 76* * * 77* * * Mayor and Commissioners shall cease to hold office; (b)\tall the functions of the Corporation shall, during the period of supersession, be exercised and performed 78by such person or authority as the Government may appoint in this behalf ; (c)\tall funds and property belonging to the Corporation shall, during the period of supersession, vest in the Government.",
"name": "Supersession of the Corporation",
"related_acts": "",
"section_id": 152
},
{
"act_id": 633,
"details": "147. (1) If, after such enquiry as may be necessary, the Government is of the opinion that the Corporation is not able to run a particular department or institution efficiently, it may, by order published in the official Gazette, suspend the authority of the Corporation over such department or institution for such period as may be specified in the order. (2) Where the authority of the Corporation over any department or institution is so suspended, the Government may itself take over the management of such department or institution or make such other arrangements as it thinks fit, and may require the Corporation or, in case the Corporation fails to comply, the Bank or person holding the Corporation Fund to place such amount as may be necessary for the management of such department or institution at the disposal of the Government.",
"name": "Suspension of particular department or institution of the Corporation",
"related_acts": "",
"section_id": 153
},
{
"act_id": 633,
"details": "148. Every act or omission specified in the Third Schedule shall be an offence under this Ordinance.",
"name": "Offences",
"related_acts": "",
"section_id": 154
},
{
"act_id": 633,
"details": "79149. (1) An offence under this Ordinance for which no penalty is expressly provided shall be punished with fine which may extend to ten thousand Taka, and if the offence is a continuing one, with a further fine which may extend to five hundred Taka for every day after the date of the first commission during which period the offender has persisted in the offence. (2) Where a person is convicted of an offence under this Ordinance for the second time, he shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to twenty five thousand Taka, or with both. (3) Where a person is convicted of an offence specified in items 3, 14, 19, 24, 44 or 50 of the Third Schedule the Court convicting him may, on the prayer of the Chief Executive Officer or a person mentioned in section 151, also order or direct- (a)\tthe stoppage of doing of any act without any licence or permission; (b)\tthe stoppage of carrying on of any dangerous or offensive trade or the storing of any offensive or dangerous articles; (c)\tthe stoppage of operation or removal of any brick kiln, lime kiln, charcoal kiln or pottery; (d)\tthe removal or destruction of any obscene advertisement; (e)\tthe removal or confiscation of any goods, material, machinery or implement in respect of which or with which any offence mentioned in this sub section is committed, as the case may be.",
"name": "Punishment",
"related_acts": "",
"section_id": 155
},
{
"act_id": 633,
"details": "150. The Chief Executive Officer or any person generally or specially authorised by the Corporation in this behalf, may compound any offence under this Ordinance.",
"name": "Compounding of offences",
"related_acts": "",
"section_id": 156
},
{
"act_id": 633,
"details": "151. No Court shall take cognizance of any offence under this Ordinance except on a complaint in writing received from the Chief Executive Officer or a person generally or specially authorised by the Corporation in this behalf.",
"name": "Cognizance of offences",
"related_acts": "",
"section_id": 157
},
{
"act_id": 633,
"details": "152. (1) The Government may, in the prescribed manner, include within the limits of the City any area adjacent thereto or exclude from the limits of the City any area comprised therewith. (2) When any area is included within the limits of the City, this Ordinance and all rules, regulations, by laws, directions and powers made, issued or conferred under this Ordinance shall apply to the said area. (3) When any area is excluded from the limits of the City, this Ordinance and all rules, regulations, by laws, orders, directions and powers made, issued or conferred under this Ordinance shall cease to apply thereto. (4) The Government may make such orders as may be necessary to give effect to the inclusion or exclusion of the said area and any matters incidental or ancillary thereto.",
"name": "Power of Government to include and exclude areas in or from the City and effect thereof",
"related_acts": "",
"section_id": 158
},
{
"act_id": 633,
"details": "153. (1) Any person aggrieved by an order passed by the Corporation or by the Mayor 80* * * or by the Chief Executive Officer in pursuance of this Ordinance or the rules or by laws, may appeal to such authority, in such manner and within such period as may be prescribed. (2) Any order passed in appeal shall be final and shall not be called in question in any Court.",
"name": "Appeals",
"related_acts": "",
"section_id": 159
},
{
"act_id": 633,
"details": "154. The Government may, by Standing Orders issued from time to time,- (a)\tdefine and regulate the relations of the Corporation with other local authorities; (b)\tprovide for co ordinating the activities of the Corporation and Government authorities or agencies; (c)\tprovide for giving financial assistance to the Corporation, including the making of grants for specified purposes on specified terms and conditions; (d)\tprovide for the general guidance of the Corporation in carrying out the purposes of this Ordinance.",
"name": "Standing Orders",
"related_acts": "",
"section_id": 160
},
{
"act_id": 633,
"details": "155. (1) The Government may make rules to carry out the purposes of this Ordinance. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the matters enumerated in the Fourth Schedule, and all matters incidental, consequential and supplemental thereto.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 161
},
{
"act_id": 633,
"details": "156. The Corporation may make regulations to regulate the procedure in respect of all or any of the matters enumerated in the Fifth Schedule, and all matters incidental, consequential and supplemental thereto.",
"name": "Power to make regulations",
"related_acts": "",
"section_id": 162
},
{
"act_id": 633,
"details": "157. (1) The Corporation may, and if so required by the Government, shall, make by laws, not inconsistent with the provisions of this Ordinance and the rules, to carry out the purposes of this Ordinance. (2) In particular and without prejudice to the generality of the foregoing power, such by laws may provide for all or any of the matters enumerated in the Sixth Schedule, and all matters incidental, consequential and supplemental thereto.",
"name": "Power to make by laws",
"related_acts": "",
"section_id": 163
},
{
"act_id": 633,
"details": "158. (1) All by laws shall be made subject to the condition of previous publication. (2) All regulations and by laws shall be subject to the sanction of the Government and the Government may sanction any regulations or by laws with or without modifications. (3) All rules, regulations and by laws shall be notified in the official Gazette. (4) Copies of rules, regulations and by laws shall be kept available at the office of the Corporation for inspection and sale",
"name": "General provisions relating to rules, etc.",
"related_acts": "",
"section_id": 164
},
{
"act_id": 633,
"details": ". 159. (1) The Government may, by notification in the official Gazette, delegate all or any of its powers under this Ordinance or the rules to the Divisional Commissioner or any other officer subordinate to it. (2) The Corporation may, by resolution passed with the previous sanction of the Government and subject to such terms and conditions as may be specified in the resolution, delegate any of its functions to all or any of its Standing Committees or to the Chief Executive Officer. (3) A Standing Committee may, by resolution passed with the previous sanction of the Corporation and subject to such terms and conditions as may be specified in the resolution, delegate any of its functions to the Chief Executive Officer not being powers delegated to it under sub section (2). (4) The Chief Executive Officer may, by order in writing issued with the previous sanction of the Corporation and subject to such terms and conditions as may be specified in the order, delegate any of his functions to any other officer or employees of the Corporation not being powers delegated to him under sub section (2) or sub-section (3).",
"name": "Delegation of powers",
"related_acts": "",
"section_id": 165
},
{
"act_id": 633,
"details": "160. (1) Wherever it is provided in this Ordinance, or in the rules, regulations or by laws, that the permission or sanction of the Corporation shall be necessary to the doing of any act, such permission or sanction shall be in writing. (2) Every licence, sanction or permission granted by or under the authority of the Corporation shall be signed by the Chief Executive Officer or by such other officer as may be authorised in this behalf by rules, regulations or by laws.",
"name": "Licences and sanctions",
"related_acts": "",
"section_id": 166
},
{
"act_id": 633,
"details": "161. No suit shall be instituted against the Corporation or the Mayor 81* * * or Commissioner or the Chief Executive Officer or any other officer or employee of the Corporation in respect of any act done or purporting to be done in official capacity, until the expiration of one month next after notice in writing has been in the case of the Corporation, delivered or left at its office, and in the case of the Mayor 82* * * or any Commissioner, or the Chief Executive Officer or other officer or employee delivered to him or left at his office or place of abode, stating the cause of action and the name and place of abode of the intending plaintiff and the plaint shall contain a statement that such notice has been so delivered or left.",
"name": "Institution of suits against the Corporation, etc.",
"related_acts": "",
"section_id": 167
},
{
"act_id": 633,
"details": "162. (1) Where anything is required to be done or not to be done by any person under this Ordinance, or the rules, regulations or by-laws, a notice shall be served on the person concerned specifying the time within which the requirement shall be complied with. (2) No notice shall be invalid for defect of form. (3) Every notice shall, unless otherwise provided, be served or presented by giving or tendering the notice or sending it by post to the person for whom it is intended or by affixing it on some conspicuous part of his place of abode or business. (4) A notice intended for the public in general shall be deemed to have been sufficiently served if a copy thereof is affixed in such public place as may be determined by the Corporation.",
"name": "Notice and service thereof",
"related_acts": "",
"section_id": 168
},
{
"act_id": 633,
"details": "163. All records prepared or registers maintained under this Ordinance shall be deemed to be public documents within the meaning of the Evidence Act, 1872 (I of 1872), and shall be presumed to be genuine until the contrary is proved.",
"name": "Records to be public documents",
"related_acts": "24",
"section_id": 169
},
{
"act_id": 633,
"details": "164. The Mayor 84* * * and every Commissioner and the Chief Executive Officer and every other officer or employee of the Corporation, and every other person duly empowered to act on behalf of the Corporation, shall be deemed to be a public servant within the meaning of section 21 of the Penal Code (XLV of 1860).",
"name": "Mayor, * * * Commissioners, Officers and employees of the Corporation to be public servants",
"related_acts": "",
"section_id": 170
},
{
"act_id": 633,
"details": "164A. Mayor, etc., not to be disqualified for membership of Parliament.- Omitted by section 35 of the Chittagong City Corporation (Amendment) Act, 1993 (Act No. VII of 1993).",
"name": "Mayor, etc., not to be disqualified for membership of Parliament",
"related_acts": "",
"section_id": 171
},
{
"act_id": 633,
"details": "165. No suit, prosecution or other legal proceeding shall lie against the Government or the Corporation, or against any person authorised by either, for anything which is in good faith done or intended to be done under this Ordinance or the rules, regulations or by laws, or for any damage caused or likely to be caused by any such thing.",
"name": "Protection of action taken in good faith, etc.",
"related_acts": "",
"section_id": 172
},
{
"act_id": 633,
"details": "166. The provisions of this Chapter shall have effect notwithstanding anything contained in any other provision of this Ordinance.",
"name": "Provisions of this Chapter over ride other provisions",
"related_acts": "",
"section_id": 173
},
{
"act_id": 633,
"details": "85167A. (1) The Administrator appointed under section 167 may, with the approval of the Government, appoint a ward committee for each ward to assist him in the performance of his functions. (2) A ward committee shall consist of a Chairman and such number of other members as may be appointed by the Administrator. (3) The Chairman of a ward committee shall be deemed to be a Commissioner for the purposes of this Ordinance.",
"name": "Appointment of ward committees",
"related_acts": "",
"section_id": 174
},
{
"act_id": 633,
"details": "167. (1) Notwithstanding anything contained in this Ordinance or any other law for the time being in force, on the commencement of this Ordinance, the Chittagong Paurashava constituted under the Paurashava Ordinance, 1977 (Ordinance XXVI of 1977), shall be deemed to be the Chittagong Municipal Corporation. (2) Until the Corporation is constituted in accordance with the provisions of the Ordinance, the functions of the Corporation shall be performed by an Administrator to be appointed by the Government. (3) The Government may appoint 86two Deputy Administrators to assist the Administrator in the performance of his functions.",
"name": "Chittagong Paurashava to become the Corporation",
"related_acts": "549",
"section_id": 175
},
{
"act_id": 633,
"details": "168. For the purpose of first general election of Commissioners, the Government shall, by order published in the official Gazette, determine- (a)\tthe number of wards into which the City shall be divided; (b)\tthe extent of each such ward; and (c)\tthe number of seat or seats allotted to each such ward.",
"name": "First elections to the Corporation",
"related_acts": "",
"section_id": 176
},
{
"act_id": 633,
"details": "87168A. Notwithstanding anything contained in this Ordinance or in any other law for the time being in force, all orders made, acts and things done, and actions and proceedings taken, or purported to have been made, done or taken, by the Corporation during the period between 18th September, 1991 and the date of the first meeting of the Corporation composed of persons elected, subsequent to 18th September, 1991 under this Ordinance (both days inclusive), are hereby ratified and confirmed and shall be deemed to have been validly made, done or taken by the Corporation and shall not be called in question in or before any Court, tribunal or authority on any ground whatsoever.",
"name": "Ratification and confirmation of certain orders, acts etc. of the Corporation",
"related_acts": "",
"section_id": 177
},
{
"act_id": 633,
"details": "169. (1) On the commencement of this Ordinance, the Paurashava Ordinance, 1977 (Ord. XXVI of 1977), shall, in its application to be City of Chittagong, stand repealed. (2) Upon the repeal of the said Ordinance,- (a)\tthe Chittagong Paurashava shall stand dissolved and the persons holding office as Chairman and Commissioners thereof cease to hold office; (b)\tall rules, regulations, by laws or orders made, notifications or notices issued, or licences or permissions granted under the enactment repealed under sub section (1), and in force immediately before the commencement of this Ordinance shall, in so far as it is not inconsistent with the provisions of this Ordinance continue in force and be deemed to have been respectively made, issued or granted under the provisions of this Ordinance until it is altered, repealed or amended under the said provisions; (c)\tall assets, rights, powers, authorities and privileges, and all property, movable and immovable, cash and bank balances, funds, investments and all other rights and interests in, or arising out of such property of the Chittagong Paurashava subsisting immediately before the commencement of this Ordinance shall stand transferred to and vest in the Corporation; (d)\tall debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for Chittagong Paurashava before the commencement of this Ordinance shall be deemed to have been incurred, entered into or engaged to be done by, with or for the Corporation; (e)\tall budget estimates, assessments, valuations, measurements or schemes made by the Chittagong Paurashava shall, in so far as they are not inconsistent with the provisions of this Ordinance, continue in force and be deemed to have been made under the provisions of this Ordinance until it is altered, amended or superseded under the said provisions; (f)\tall taxes, rates, tolls, cesses, fees, rents and other sums of money due to the Chittagong Paurashava immediately before the commencement of this Ordinance shall be deemed to be due to the Corporation; (g) all taxes, rates, tolls, cesses, fees, rents, fares and other charges levied by the Chittagong Paurashava shall, until they are varied by the Corporation, continue to be levied at the same rate at which they were levied by them immediately before the commencement of this Ordinance; (h)\tevery officer and other employee of the Chittagong Paurashava shall stand transferred to and become an officer or other employee of the Corporation with such designation as the Chief Executive Officer may determine and shall hold office or service in the Corporation on the same terms and conditions as were enjoyed by him immediately before the commencement of this Ordinance and shall continue to do so until his terms and conditions are duly altered under this Ordinance: Provided that no officer or other employee whose services are so transferred shall be entitled to any compensation because of such transfer: Provided further that an officer or other employee may, within such time as may be specified by the Corporation, exercise his option not to serve in the Corporation; (i)\tall suits, prosecutions and other legal proceedings instituted by or against the Chittagong Paurashava before the commencement of this Ordinance shall be deemed to be suits, prosecutions and proceedings by or against the Corporation and shall be proceeded or otherwise dealt with accordingly.",
"name": "Repeal, etc.",
"related_acts": "549",
"section_id": 178
},
{
"act_id": 633,
"details": "170. Where this Ordinance makes any provision for anything to be done but no provision, or no sufficient provision, has been made as respects the authority by whom, or the manner in which, it shall be done, then, it shall be done by such authority and in such manner as may be prescribed.",
"name": "Certain matters to be prescribed",
"related_acts": "",
"section_id": 179
},
{
"act_id": 633,
"details": "171. If any difficulty arises in giving effect to the provisions of this Ordinance, the Government may, by order, do anything which appears to it to be necessary for the purpose of removing the difficulty: Provided that no such order shall be made after the expiration of two years from the constitution of the Corporation.",
"name": "Removal of difficulties",
"related_acts": "",
"section_id": 180
}
],
"text": "An Ordinance to consolidate and amend the law relating to the municipal administration of the City of Chittagong. WHEREAS it is expedient to consolidate and amend the law relating to the municipal administration of the City of Chittagong; NOW, THEREFORE, in pursuance of the Proclamation of the 24th day of March, 1982, and in exercise of all powers enabling him in that behalf, the Chief Martial Law Administrator is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 634,
"lower_text": [],
"name": "The Haor Development Board (Dissolution) Ordinance, 1982",
"num_of_sections": 3,
"published_date": "21st September, 1982",
"related_act": [
634,
539
],
"repelled": false,
"sections": [
{
"act_id": 634,
"details": "1. (1) This Ordinance may be called the Haor Development Board (Dissolution) Ordinance, 1982. (2) It shall come into force on the 1st October, 1982.",
"name": "Short title and commencement",
"related_acts": "634",
"section_id": 1
},
{
"act_id": 634,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“Divisional Development Board” means any of the following Boards namely:- (i)\tthe Khulna Division Development Board established under the Khulna Division Development Board Ordinance, 1976 (Ord. LXXV of 1976); (ii)\tthe Rajshahi Division Development Board established under the Rajshahi Division Development Board Ordinance, 1976 (Ord. LXXX of 1976); (iii)\tthe Dacca Division Development Board established under the Dacca Division Development Board Ordinance, 1976 (Ord. LXXXI of 1976); (iv)\tthe Chittagong Division Development Board established under the Chittagong Division Development Board Ordinance, 1976 (Ord. LXXXIX of 1976); (b)\t“undertaking” includes any project, scheme, asset, right, power, authority and privilege and any property movable and immovable, including any land, building, work, machinery, cash or bank balance, reserve fund, investment, and any other right and interest in, or arising out of, such property and any book of accounts, register, record and any other document of whatever nature relating thereto.",
"name": "Definitions",
"related_acts": "539",
"section_id": 2
},
{
"act_id": 634,
"details": "3. (1) Notwithstanding anything contained in any law, rule, regulation, agreement or contract for the time being in force, on the commencement of this Ordinance,- (a)\tthe Haor Development Board established under section 3 of the Haor Development Board Ordinance, 1977 (Ord. IX of 1977), hereinafter referred to as the said Board, shall stand dissolved; (b)\tthe undertakings of the said Board shall be transferred to such Divisional Development Boards as the Government may direct; (c)\tall debts, liabilities and obligations incurred, all contracts entered into, and all matters and things engaged to be done by, with or for, the said Board arising out of, connected with or incidental to, any undertaking before the commencement of this Ordinance shall be deemed to have been incurred, entered into or engaged to be done by, with or for, the Divisional Development Board to which the undertaking has been transferred under clause (b); (d)\tall suits and other legal proceedings instituted by or against the said Board arising out of, connected with or incidental to, any undertaking before the commencement of this Ordinance, shall be deemed to be suits and other legal proceedings by or against the Divisional Development Board to which the undertaking has been transferred; and (e)\tthe Haor Development Board Ordinance, 1977 (Ord. IX of 1977), shall stand repealed.",
"name": "Dissolution of the Board",
"related_acts": "",
"section_id": 3
}
],
"text": "An Ordinance to make provision for the dissolution of the Haor Development Board. WHEREAS it is expedient to make provision for the dissolution of the Haor Development Board and for matters connected therewith or incidental thereto; NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the Chief Martial Law Administrator is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 635,
"lower_text": [],
"name": "The Off-shore Islands Development Board (Dissolution) Ordinance, 1982",
"num_of_sections": 3,
"published_date": "21st September, 1982",
"related_act": [
539,
635
],
"repelled": false,
"sections": [
{
"act_id": 635,
"details": "1. (1) This Ordinance may be called the Off-shore Islands Development Board (Dissolution) Ordinance, 1982. (2)\tIt shall come into force on the 1st October, 1982.",
"name": "Short title and commencement",
"related_acts": "635",
"section_id": 1
},
{
"act_id": 635,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“Divisional Development Board” means any one of the following Boards, namely:- (i)\tthe Khulna Division Development Board established under the Khulna Division Development Board Ordinance, 1976 (Ord. LXXV of 1976); (ii)\tthe Rajshahi Division Development Board established under the Rajshahi Division Development Board Ordinance, 1976 (Ord. LXXX of 1976); (iii)\tthe Dacca Division Development Board established under the Dacca Division Development Board Ordinance, 1976 (Ord. LXXXI of 1976); (iv)\tthe Chittagong Division Development Board established under the Chittagong Division Development Board Ordinance, 1976 (Ord. LXXXIX of 1976). (b)\t“undertaking” includes any project, scheme, asset, light, power, authority and privilege and any property movable and immovable including any land, building, work, machinery, cash or bank balance, reserve fund, investment, and any other right and interest in, or arising out of such property and any book of accounts, register, record and any other document of whatever nature relating thereto.",
"name": "Definitions",
"related_acts": "539",
"section_id": 2
},
{
"act_id": 635,
"details": "3.\t(1) Notwithstanding anything contained in any law, rule, regulation, agreement or contract for the time being in force, on the commencement of this Ordinance,- (a)\tthe Off shore Islands Development Board established under section 3 of the Off shore Islands Development Board Ordinance, 1977 (Ord. IV of 1977), hereinafter referred to as the said Board, shall stand dissolved; (b)\tthe undertakings of the said Board shall be transferred to such Divisional Development Board as the Government may direct; (c)\tall debts, liabilities and obligations incurred, all contracts entered into and all matters and things engaged to be done by, with or for, the said Board arising out of, or connected with or incidental to, any undertaking before the commencement of this Ordinance shall be deemed to have been incurred, entered into or engaged to be done by, with or for the Divisional Development Board to which the undertaking has been transferred under clause (b); (d)\tall suits and other legal proceedings instituted by or against the said Board arising out of, connected with or incidental to, any undertaking before the commencement of this Ordinance shall be deemed to be suits and other legal proceedings by or against the Divisional Development Board to which the said undertaking has been transferred; and (e)\tthe Off shore Islands Development Board Ordinance, 1977 (Ord. IV of 1977), shall stand repealed.",
"name": "Dissolution of the Board",
"related_acts": "",
"section_id": 3
}
],
"text": "An Ordinance to make provision for the dissolution of the Off shore Islands Development Board. WHEREAS it is expedient to make provision for the dissolution of the Off shore Islands Development Board and for matters connected therewith or incidental thereto; NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the Chief Martial Law Administrator is pleased to make and promulgate the following Ordinance:"
} |
{
"id": 636,
"lower_text": [],
"name": "The Institute of Islamic Education and Research (Repeal) Ordinance, 1982",
"num_of_sections": 2,
"published_date": "2nd November, 1982",
"related_act": [
636
],
"repelled": false,
"sections": [
{
"act_id": 636,
"details": "1. This Ordinance may be called the Institute of Islamic Education and Research (Repeal) Ordinance, 1982.",
"name": "Short title",
"related_acts": "636",
"section_id": 1
},
{
"act_id": 636,
"details": "2. (1) The Institute of Islamic Education and Research Act, 1980 (XXXI of 1980), hereinafter referred to as the said Act, is hereby repealed. (2) Upon the repeal under sub-section (1),- (a)\tthe Board of Governors constituted under the said Act shall stand dissolved; (b)\tall assets, rights, powers, authorities and privileges, and all properties, movable and immovable, cash and bank balances of the Institute established under the said Act, hereinafter referred to as the said Institute, and all other interests and rights in, or arising out of, such property, shall stand transferred to, and vested in, the Islamic University established under the Islamic University Act, 1980 (XXXVII of 1980), hereinafter referred to as the said University; (c)\tall debts, liabilities and obligations of whatever kind of the said Institute subsisting immediately before the repeal of the said Act shall be debts, liabilities and obligations of the said University; (d)\tservices of all teachers, officers and employees of the said Institute shall, notwithstanding anything contained in any contract or agreement or in the terms and conditions of service, stand transferred to the said University and they shall be deemed to be teachers, officers and employees of the University appointed by it on the same terms and conditions of service as were applicable to them in the said Institute unless such terms and conditions are altered, not being to their disadvantage, by the said University",
"name": "Repeal and savings",
"related_acts": "",
"section_id": 2
}
],
"text": "An Ordinance to repeal the Institute of Islamic Education and Research Act, 1980. WHEREAS it is expedient to repeal the Institute of Islamic Education and Research Act, 1980 (XXXI of 1980); NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the Chief Martial Law Administrator is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 637,
"lower_text": [],
"name": "The Bangladesh Hotels and Restaurants Ordinance, 1982",
"num_of_sections": 27,
"published_date": "12th December, 1982",
"related_act": [
637
],
"repelled": true,
"sections": [
{
"act_id": 637,
"details": "1. (1) This Ordinance may be called the Bangladesh Hotels and Restaurants Ordinance, 1982. (2) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint.",
"name": "Short title and commencement",
"related_acts": "637",
"section_id": 1
},
{
"act_id": 637,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“apprentice” means any person who has contracted with a hotel or restaurant to perform the stipulated apprenticeship in such hotel or restaurant; (b)\t“Committee” means the Hotels and Restaurants Advisory Committee constituted under section 4; (c)\t“Controller” means a Controller appointed under section 3 and includes a Deputy Controller and Assistant Controller and such other person as may be authorised by the Government, by notification in the official Gazette, to exercise and perform all or any of the powers and functions of the Controller; (d)\t“customer” means a person availing facilities offered in a hotel or restaurant on monetary consideration; (e)\t“fair rates” means the rates fixed under section 10; (f)\t“guest” means a person who is in possession or enjoyment of accommodation provided to him in a hotel on monetary consideration and includes a tourist. Explanation. In this clause, the word “tourist” means a person travelling for more than twenty four hours but less than six months in a country other than that of his normal residence but shall not include a person arriving to take up an office, occupation or engagement for gain; (g)\t“hotel” means a lodging, or boarding and lodging, establishment with a minimum of ten lettable bed rooms, provided for guests on monetary consideration, which conforms to any of the prescribed minimum criteria, but does not include- (i) \ta home or hostel which is exclusively or mainly used for the aged or invalid persons or students and is run by, or under the control of, a charitable or educational institution; or (ii) any rest house, hostel or circuit house exclusively meant for visiting Government officials or officials of other organisations, though run on a commercial basis; (h)\t“manager” means the person in charge of the management of a hotel or restaurant; (i) “owner” means the person who holds title to a hotel or restaurant and is entitled to receive the whole or any part of the earnings received from a guest or customer on account of accommodation or services provided in the hotel or restaurant, and includes a keeper or assignee for the time being discharging the responsibility of the owner in respect of such hotel or restaurant; (j) “prescribed” means prescribed by rules made under this Ordinance; (k) “public rooms” means rooms in a hotel which are meant for the common use of all guests and customers; (l)\t“restaurant” means a public eating house providing standard and variety of cuisines on monetary consideration to customers which conforms to the minimum prescribed criteria having seating arrangements for thirty persons and above; (m) “service” means any service provided in a hotel or restaurant.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 637,
"details": "3. (1) The Government may, by notification in the official Gazette, appoint a person to be the Controller for the purpose of this Ordinance and such number of Deputy Controllers and Assistant Controllers as may be necessary for the performance and discharge of such functions and duties as may be assigned to them by or under this Ordinance and may, by general or special order, provide for the distribution or allocation of work to be performed by them. (2) Subject to the provisions of this Ordinance, the Controller shall perform his functions and discharge his duties under the general supervision and control of the Government. (3) Subject to the provisions of this Ordinance and of such orders as may, from time to time, be made by the Government in this behalf, the Deputy Controllers and Assistant Controllers shall perform their functions and discharge their duties under the general supervision and control of the Controller.",
"name": "Appointment of Controller, Deputy Controllers and Assistant Controllers",
"related_acts": "",
"section_id": 3
},
{
"act_id": 637,
"details": "4. (1) The Government may constitute an Advisory Committee to be called the Hotels and Restaurants Advisory Committee, consisting of as many members as the Government may determine, to aid and advise the Government in relation to such matters relating to the administration of this Ordinance as may be prescribed. (2) The members of the Committee shall be appointed for such period and on such terms and conditions as the Government may determine. (3) The Government shall appoint a Chairman of the Committee from among its members.",
"name": "Constitution of Advisory Committee",
"related_acts": "",
"section_id": 4
},
{
"act_id": 637,
"details": "5. (1) The owner of every hotel and restaurant shall, within a period of two months from the commencement of this Ordinance, or from the date of opening of the hotel or restaurant, whichever is later, apply to the Controller for registration of his hotel or restaurant and, in the case of a hotel, also for its classification, on payment of such fees as may be prescribed. (2) No hotel or restaurant shall be registered unless- (a)\tit conforms to the prescribed standard of health, hygiene and comfort: Provided that the Controller may allow provisional registration subject to such conditions as he may deem fit and, for good and sufficient reasons, modify, alter or withdraw any such condition at any time; (b)\tit furnishes at its expense certificates of medical fitness from a Civil Surgeon in respect of its staff in such form as may be prescribed; (c)\tthe building is structurally safe and adequately protected against fire or an accident arising out of electricity or gas and safety of the guests or customers is ensured. (3) The Controller, or an officer authorised by him in this behalf, or a member of the Committee, may, at any time, inspect the premises of a hotel or restaurant, call for any information, plan or data in respect of any matter concerning such hotel or restaurant or, at the cost of the owner, carry out, or require the owner to carry out, test of any articles or appliances or foodstuff.",
"name": "Registration of hotels and restaurants",
"related_acts": "",
"section_id": 5
},
{
"act_id": 637,
"details": "6. Subject to such general or particular direction as the Government may issue, the Controller shall, according to the prescribed minimum criteria, by notification in the official Gazette, classify hotels according to the star classification system, as- (a)\tone star hotels, being hotels which conform to the prescribed minimum criteria of hotels of that class but do not conform to the prescribed minimum criteria of a higher star class hotel; (b)\ttwo star hotels, being hotels which conform to the prescribed minimum criteria of hotels of that class, but do not conform to the prescribed minimum criteria of a higher star class hotel; (c)\tthree star hotels, being hotels which conform to the prescribed minimum criteria of hotels of that class, but do not conform to the prescribed minimum criteria of a higher star class hotel; (d)\tfour star hotels, being hotels which conform to the prescribed minimum criteria of hotels of that class but do not conform to the prescribed minimum criteria of a higher star class hotel; and (e)\tfive star hotels, being hotels which conform to the prescribed minimum criteria of hotels of that class.",
"name": "Classification of hotels",
"related_acts": "",
"section_id": 6
},
{
"act_id": 637,
"details": "7. (1) Every owner shall, after registration of his hotel or restaurant under section 5, obtain a licence from the Controller on payment of such fee as may be prescribed. (2) No owner shall carry on his business and in the case of a hotel, use the classification star sign, without first getting the hotel or restaurant registered and obtaining a licence under this Ordinance. (3) Licence granted under this section shall, unless sooner suspended or cancelled, remain in force for a period of one year from the date of issue and may be renewed for a period of one year at a time on payment of such fee as may be prescribed: Provided that if an application for renewal of a licence is made before the expiry of the period of its validity, the licence shall continue in force until orders are passed on such application.",
"name": "Issue of licence",
"related_acts": "",
"section_id": 7
},
{
"act_id": 637,
"details": "8. (1) The Controller may refuse to register a hotel or restaurant if it does not conform to the minimum prescribed criteria. (2) The registration and licence of a hotel or restaurant may be cancelled or suspended, or the star classification of a hotel may be lowered, if- (a)\tits business is wholly or partly discontinued or suspended without the approval of the Controller, except where such suspension or discontinuance is for the purposes of making repairs, improvements, renovations or expansion or, in the case of seasonal business, for the period of the slack season and the fact of such suspension or discontinuance in each case has been duly reported to the Controller in advance; (b)\tits owner or any person acting on his behalf contravenes any of the provisions of this Ordinance or the rules or orders made thereunder; (c)\tits owner fails to ensure proper arrangement for the security of person and property of customers or guests; (d)\tit ceases to conform to the requirements of registration under section 5 and, in the case of a hotel, to the prescribed minimum criteria for the class assigned to it; or (e)\tin the case of hotel, its owner fails to enter the names and other particulars of guests in the register in such form and manner as may be prescribed.",
"name": "Refusal and cancellation of registration or licence",
"related_acts": "",
"section_id": 8
},
{
"act_id": 637,
"details": "9. Where a hotel or restaurant registered and licensed under this Ordinance is transferred or assigned to any person, it shall be incumbent upon that person to report, within one month of its taking effect, to the Controller the fact of such transfer or assignment and obtain a fresh licence under this Ordinance.",
"name": "Obligation of the transferee, etc., of a hotel and restaurant",
"related_acts": "",
"section_id": 9
},
{
"act_id": 637,
"details": "10. (1) Every owner shall fix fair rates to be charged for board, lodging and other services provided in the hotel or restaurant. (2) Every owner may either fix a consolidated rate of lodging, board and service, or for lodging and service only or fair rates separately for- (a)\tlodging with reference to the nature of the accommodation and the number of guests to be accommodated; (b)\tboard, partial or full; and (c)\tother service. (3) Fair rates may be fixed separately for daily and monthly guests. Explanation.- A guest who agrees to reserve accommodation, or for whom accommodation is reserved, for a period of one month or more, shall be deemed to be a monthly guest provided he actually stays for one month or more or has actually paid in advance for one month, and where the reservation is not for any specified period, or is for a period less than a month, the guest shall be deemed to be a daily guest.",
"name": "Fixation of fair rates",
"related_acts": "",
"section_id": 10
},
{
"act_id": 637,
"details": "11. (1) The Controller may fix the maximum number of guests to be accommodated in each room or other unit of accommodation in a hotel. (2) No room for which an order has been made under sub-section (1) shall be used to accommodate any number of guests in excess of the number specified in the order except with the previous permission in writing of the Controller. (3) The Controller may, from time to time, revise any order made by him under sub-section (1) so as to increase or reduce the number of guests specified in such order.",
"name": "Controller to fix limit of persons to be accommodated in any room",
"related_acts": "",
"section_id": 11
},
{
"act_id": 637,
"details": "12. Every owner shall prepare the regulations in respect of his hotel or restaurant conforming with the provisions of this Ordinance and the rules made thereunder and get them approved by the Controller.",
"name": "Regulations of hotel and restaurant",
"related_acts": "",
"section_id": 12
},
{
"act_id": 637,
"details": "13. (1) The fair rates, the maximum number of guests that may be accommodated in a room or unit of accommodation in a hotel and the regulations of the hotel shall be displayed in a conspicuous manner in the office and in the public rooms, if any, of every hotel. (2) The fair rates and the regulations of the restaurant shall be displayed in a conspicuous manner in the office and the hall and rooms of every restaurant.",
"name": "Fair rates, etc., to be displayed",
"related_acts": "",
"section_id": 13
},
{
"act_id": 637,
"details": "14. (1) Subject to such directions as may be given in this behalf by the Government, the Controller may by order direct the owner or the manager of a hotel to reserve in the hotel such accommodation as may be specified in the order. (2) Subject to any direction by the Government in this behalf, the Controller may allot the accommodation reserved under sub section (1) to any person and such person shall thereupon be deemed to be a guest at the hotel in relation to the accommodation allotted to him. (3) Where any accommodation is reserved under sub section (1), the owner or the manager of the hotel shall make the accommodation so reserved, or such portion of it as the Controller may direct, available to the Controller for occupation by the person to whom it has been allotted at the expiry of forty-eight hours from the service upon him of a notice in writing in this behalf by the Controller. (4) Nothing in this section shall prevent the owner or the manager of the hotel from letting any accommodation reserved under sub section (1) to a guest, other than the person to whom such accommodation is allotted by the Controller, upon the condition that if and when a notice is received from the Controller under sub section (3), such guest will vacate the accommodation within forty-eight hours of the receipt of such notice.",
"name": "Reservation of accommodation at the instance of the Controller",
"related_acts": "",
"section_id": 14
},
{
"act_id": 637,
"details": "15. The Controller may, by order in writing prohibit, within one hundred yards of a three star or above hotel, the carrying on of any trade, profession, occupation or industry which in his opinion is likely to be- (a)\tinjurious to the health and well being of guests or customers or a hazard to their safety; (b)\ta nuisance as defined in the Penal Code (Act XLV of 1860); or (c)\toffensive to good taste.",
"name": "Controller’s power to prohibit certain trades and occupations",
"related_acts": "",
"section_id": 15
},
{
"act_id": 637,
"details": "16. (1) Except as hereinafter provided, no guest at a hotel shall be evicted or refused board or other service so long as he pays, or is ready and willing to pay, the fair rates and observes the displayed regulations of the hotel and conforms with the provisions of this Ordinance and the conditions prescribed thereunder. (2) A guest or a customer who has been guilty of conduct which amounts to nuisance, or is a source of annoyance to other guests or customers, or threatens or intimidates any other guest or customers, or is likely to endanger the person or life of any individual in the hotel or restaurant, may be evicted by the owner or manager¬: Provided that, if the owner or manager has good reason to apprehend an immediate breach of peace or commission of an offence by the guest or customer, he may use such force as may be necessary to restrain the guest or customer from so doing and shall immediately intimate the fact to the local police. (3) Any guest or customer aggrieved by eviction or refusal of board or other services under sub-section (1) or sub-section (2) may lodge a complain with the Controller who shall, after holding summary enquiry in the prescribed manner, pass such order as he deems fit.",
"name": "Eviction of guests",
"related_acts": "",
"section_id": 16
},
{
"act_id": 637,
"details": "17. (1) The Controller shall not refuse registration, or cancel or suspend the licence, of a hotel or restaurant, except after holding summary enquiry in the prescribed manner. (2) For the purpose of holding an enquiry under sub section (1) or any other enquiry which he may deem necessary for the purposes of this Ordinance, the Controller shall have the same powers as are vested in a civil Court in respect of- (a)\tproof of facts by affidavit; (b)\tsummoning and enforcing the attendance of any person and examining him on oath; (c)\tcompelling the production of documents and other material evidence; and (d)\tissuing commissions for the examination of witnesses",
"name": "Procedure and powers of Controller",
"related_acts": "",
"section_id": 17
},
{
"act_id": 637,
"details": "18. For the purposes of this Ordinance, the Controller may- (a)\tcall for such information or returns from an owner or manager as may be necessary for satisfying himself that the provision of this Ordinance, the rules and orders made thereunder are being duly complied with; (b)\trequire an owner or manager to produce before himself or an officer designated by him for the purpose of any book of account, document or other papers in his possession or power which contain or are believed to contain information relating to the hotel or restaurant of which he is the owner or manager; (c)\trequire an owner or manager to undertake, through an agency qualified to do so, scientific tests of water, food and other articles of human consumption at the cost of the owner to determine their quality and conformity with the requirements of health and hygiene; (d)\tissue directive to the owner or manager of a restaurant to improve, within a period of six months from the date of such directive, the conditions, services and facilities at the restaurant to conform to the prescribed minimum criteria; (e)\tcall for any other information relating to the development of hotel industry.",
"name": "Additional power of Controller",
"related_acts": "",
"section_id": 18
},
{
"act_id": 637,
"details": "19. The Controller shall, in consultation with the Hotel Owners' Association,- (a)\tensure that the number of apprentices in a hotel or restaurant does not exceed ten per cent of the employees in any specified trade; (b)\tfix, with due regard to the salaries paid to the regularly employed staff of the specified trade, the stipend to be paid to an apprentice over and above the cost of his training and determine the duration of his apprenticeship; (c)\tlay down the age limit, educational qualifications, standards of physical fitness and psychological and mental health of apprentices; (d)\tdirect the programming for training of various categories of employees of hotels and restaurants at a vocational institution recognised by the Government at the various specialised courses run thereat, so that the percentage of qualified trained staff in a hotel or restaurant attains, within a reasonable time, the minimum standard as may be determined by the Controller; and (e)\tlay down the maximum percentage of untrained staff that may be employed at a hotel or restaurant at any time.",
"name": "Apprenticeship scheme and training policy of employees",
"related_acts": "",
"section_id": 19
},
{
"act_id": 637,
"details": "20. (1) The owner of every hotel registered and licensed under this Ordinance and classified according to the star classification system shall provide the following minimum medical facilities for guests, namely:- (i)\tone and two star hotels- (a)\ta doctor on call available in close proximity of the hotel premises; (b)\tfirst aid equipment and a reasonable stock of life saving drugs; (c)\ttwo employees trained and qualified in first aid;\t(d)\tensure availability of an ambulance, van or car to rush patients to a hospital in emergencies; (ii)\tthree star hotels:- (a)\tas in sub clauses (a) to (c) in clause (i); (b)\ta drug store or chemist's shop with twenty four hours' service, if not existing in close proximity; (c)\tan ambulance or van; (iii)\tfour and five star hotels:- (a)\tas in sub clause (a) of clause (i); (b)\ta separate consulting room with reasonable stock of life saving drugs and first aid equipments; (c)\tfour employees trained and qualified in first aid; (d)\tan ambulance or a van convertible into an ambulance in emergency; (e)\ta drug or chemist's shop with twenty four hours' service, if not existing in close proximity. (2) The manager of a hotel shall take all possible care and provide all necessary medical aid without any loss of time to a guest or customer suffering from any serious attack, including heart attack and haemorrhage, or an accident.",
"name": "Provision of medical facilities",
"related_acts": "",
"section_id": 20
},
{
"act_id": 637,
"details": "21. (1) Any owner who fails to apply for registration within the time specified in section 5 shall be liable to pay to the Government a penalty of such sum not exceeding five thousand Taka as the Controller may impose and, in the case of a continuing failure, an additional penalty which may extend to one thousand Taka for every day after the first during which he has persisted in the failure. (2) Any owner or manager who serves any food or beverage which is injurious to health, or who does not take sufficient care to ensure protection of food and beverage against contamination through flies or in any other way, or serves any food or beverage in unclean or contaminated utensils, shall be liable to pay to the Government a penalty of such sum not exceeding one thousand Taka as the Controller may impose. (3) Any owner or manager who fails to comply with any order made or direction given under the provisions of this Ordinance by the Controller or any other authority authorised by him in that behalf shall be liable to pay to the \tGovernment a penalty of such sum not exceeding one thousand Taka as the Controller may impose. (4)\tIf a restaurant fails to carry out the directive issued under clause (d) of section 18 within the period specified therein, the Controller may suspend the operation of such restaurant and may also impose on the owner of such restaurant a penalty of such sum not exceeding five thousand Taka as he deems fit. (5)\tIf the owner or manager of a hotel or restaurant not licensed under this Ordinance advertises it as a hotel or restaurant, or in any manner whatsoever uses the star sign, he shall be liable to pay to the Government a penalty of such sum not exceeding one thousand Taka as the Controller may impose and, in the case of his continuing to so advertise or use the star sign, an additional penalty which may extend to two hundred Taka for every day after the first during which he so continues or uses the star sign. (6)\tAny owner who fails to comply with the provisions of section 20 shall be liable to one or more of the following penalties, namely:-¬ (a)\tpenalty of such sum not exceeding two thousand Taka as the Controller may impose; (b)\tsuspension of the licence for a period not exceeding six months; (c)\tcancellation of registration.",
"name": "Offences and penalties",
"related_acts": "",
"section_id": 21
},
{
"act_id": 637,
"details": "22. If the person contravening, or failing to comply with, any provision of this Ordinance or any rules, order or direction made or issued thereunder is a company or other body corporate, every director, secretary or other officer or agent thereof, unless he proves that the contravention or failure took place without his knowledge or that he exercised due diligence to prevent its taking place, shall be liable to the penalty provided for such contravention or failure.",
"name": "Contravention by companies, etc",
"related_acts": "",
"section_id": 22
},
{
"act_id": 637,
"details": "23. Any sum imposed as penalty under this Ordinance shall be recoverable as an arrear of land revenue.",
"name": "Mode of recovery",
"related_acts": "",
"section_id": 23
},
{
"act_id": 637,
"details": "24. (1) Any person aggrieved by an order under this Ordinance may, within thirty days of the date of the order, prefer an appeal to- (a)\tthe Deputy Controller, where such order has been passed by an Assistant Controller; (b)\tthe Controller, where such order, not being an order passed in appeal under clause (a), has been passed by a Deputy Controller; (c)\tthe prescribed appellate authority, where such order, not being an order passed in appeal under clause (b), has been passed by the Controller. (2) The Government may, of its own motion, or on the application of any owner or manager aggrieved by an order passed under sub section (i), within the prescribed time and in the prescribed manner, pass such order in relation thereto as it thinks fit: Provided that no order against an owner or a manager shall be made unless he has been given an opportunity of showing cause against it and of being heard.",
"name": "Appeal and revision",
"related_acts": "",
"section_id": 24
},
{
"act_id": 637,
"details": "25. No suit, prosecution or other legal proceeding shall lie against the Government, the Controller, any officer or authority subordinate to the Government or a member of the Committee in respect of anything which is in good faith done or intended to be done under this Ordinance or the rules made thereunder.",
"name": "Indemnity",
"related_acts": "",
"section_id": 25
},
{
"act_id": 637,
"details": "26. The Government may, by notification in the official Gazette, exempt any hotel or restaurant from the operation of all or any of the provisions of this Ordinance or the rules made thereunder, for such period, and on such conditions, if any, as may be specified in the notification.",
"name": "Exemption",
"related_acts": "",
"section_id": 26
},
{
"act_id": 637,
"details": "27. (1) The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for- (a)\tfixation and revision of criteria for the registration and classification of hotels and restaurants; (b)\tthe grounds on which the classification of a hotel can be altered or lowered; (c)\tthe manner of issuance of “Sign Shields” including star classification of hotels for display in hotels and restaurants at conspicuous places; (d)\tmatters in relation to which the Committee may render aid and advice; (e)\tmeetings of the Committee and the procedure to be followed at such meetings; (f)\tfixation of fees for registration and licences; (g)\tform of a certificate of medical fitness referred to in section 5 and the time at which it shall be submitted to the Controller; (h)\tmanner of holding summary enquiry; and (i)\tany other matter which is to be or may be prescribed.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 27
}
],
"text": "An Ordinance to provide measures for controlling and regulating the standards of service and amenities in hotels and restaurants. WHEREAS it is expedient to provide measures for controlling and regulating the standards of service and amenities in hotels and restaurants and for matters ancillary thereto or connected therewith; NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the Chief Martial Law Administrator is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 638,
"lower_text": [],
"name": "The Bangladesh Rural Development Board Ordinance, 1982",
"num_of_sections": 25,
"published_date": "13th December, 19822",
"related_act": [
638
],
"repelled": true,
"sections": [
{
"act_id": 638,
"details": "1. This Ordinance may be called the Bangladesh Rural Development Board Ordinance, 1982.",
"name": "Short title",
"related_acts": "638",
"section_id": 1
},
{
"act_id": 638,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“Board” means the Bangladesh Rural Development Board established under section 3; (b)\t“cooperative society” shall have the same meaning as assigned to it in the Cooperative Societies Act, 1940 (Ben. Act XXI of 1940); (c)\t“Director-General” means the Director-General of the Board; (d)\t“member” means a member of the Board and includes the Chairman of the Board; (e)\t“prescribe” means prescribed by rules; and (f)\t“TCCA” means the Thana Central Cooperative Association registered under the Cooperative Societies Act, 1940 (Ben. Act XXI of 1940).",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 638,
"details": "3. (1) As soon as may be after the commencement of this Ordinance, the Government shall, by notification in the official Gazette, establish a Board to be called the Bangladesh Rural Development Board for carrying out the purposes of this Ordinance. (2) The Board shall be a body corporate having perpetual succession and a common seal, with power, subject to the provisions of this Ordinance and the rules made thereunder, to acquire, hold and dispose of property both movable and immovable, and shall by the said name sue and be sued.",
"name": "Establishment of the Board",
"related_acts": "",
"section_id": 3
},
{
"act_id": 638,
"details": "4. (1) The Head Office of the Board shall be at Dhaka. (2) The Board may establish offices at such other places as it deems fit.",
"name": "Head Office, etc.",
"related_acts": "",
"section_id": 4
},
{
"act_id": 638,
"details": "5. (1) The Board shall consist of the following members, namely:- (a)\tThe Minister-in-charge of the Ministry of Local Government, who shall also be the Chairman of the Board; (b)\tThe Secretary of the Rural Development and Cooperative Division or Additional Secretary or Joint Secretary-in-charge of that Division, ex-officio, who shall also be the Vice-Chairman of the Board; (c)\tAn officer not below the rank of a Joint Secretary from each of the Divisions of Agriculture and Forests, Fisheries and Livestock, Finance, Energy, Irrigation, Water Development and Flood Control and Local Government, ex-officio; (d)\tMember, Planning Commission, in-charge of rural development, or an officer not below the rank of a Section Chief, ex-officio; (e)\tThe Chairman of the Bangladesh Agriculture Development Corporation, ex-officio; (f)\tThe Directors of the Bangladesh Rural Development Academies, Comilla and Bogra, alternatively for one year by rotation, ex-officio; (g)\tThe Registrar of Cooperative Societies, ex-officio; (h)\tThe Chairman, Bangladesh Small and Cottage Industries Corporation, ex-officio; (i)\tFive members to be elected by the National Federation of the TCCAs; (j)\tOne member to be nominated by the Government from such major financial institutions as may be determined by the Government financing the TCCAs; (k)\tOne member to be nominated by the Bangladesh Jatiya Samabaya Union; (l)\tThe Director-General of the Board, ex-officio, who shall also be the Member-Secretary of the Board. (2) The elected and nominated members shall hold office for a period of one year. (3) No act done by the Board shall be invalid on the ground merely of the existence of any vacancy in, or any defect in the constitution or composition of, the Board.",
"name": "Constitution and composition of the Board, etc",
"related_acts": "",
"section_id": 5
},
{
"act_id": 638,
"details": "6. (a) \tThe meetings of the Board shall be held at least six times in each calendar year, and at least once in every two months. (b)\tA notice in writing shall be given by the Member-Secretary for each meeting of the Board and such written notice shall include agenda of the meeting. (c)\tExcept with the consent of the Chairman and a majority of the members present, no business other than that for which the meeting was convened shall be discussed at a meeting of the Board. (d)\tAll questions at a meeting of the Board shall be decided by a majority of the members present and voting, and in the case of equality of votes, the person presiding shall have a second and casting vote. (e)\tTo constitute a quorum of a meeting of the Board not less than five members shall be present.",
"name": "Meetings of the Board",
"related_acts": "",
"section_id": 6
},
{
"act_id": 638,
"details": "7. (1) The functions of the Board shall be- (a)\tto promote village-based primary co-operative societies and TCCAs with a view to enabling them to be autonomous, self-managed and financially viable vehicles for increasing production, employment generation and rural development; (b)\tto encourage functional cooperatives for generating income and employment for the rural poor; (c)\tto promote intensive irrigated agriculture as a means to cooperative development and also for efficient utilisation, through the cooperatives, of irrigation facilities based on ground and surface water; (d)\tto channel and ensure productive utilisation of institutional credit through the village cooperatives and the TCCAs and simultaneously promote members accumulation of shares and savings; (e)\tto encourage financially viable TCCAs to diversify activities specially in the marketing of agricultural inputs and produce as a service to their members; (f)\tto arrange for effective training of members of the managing committee of village based primary cooperative societies and TCCAs and model farmers in the agricultural and rural development activities; (g)\tto liaise with concerned Ministries, Departments and Agencies for mobilizing supplies, services and supports for the TCCAs and village cooperative system; (h)\tto promote the District and National Federations of TCCAs with a view to progressively handing over the then promotional, motivational and educational functions in relation to rural development; (i)\tto delegate to the Director General, Director and any other officer of the Board appropriate authorities and responsibilities for the achievements of the objectives of the Board; (j)\tto delegate to the district and thana level officers of the Board, maximum possible financial and administrative authority to achieve the objectives of the Board; (k)\tto submit to Government project and programmes consistent with its objectives and to implement them with Government approval; (l)\tto approve the annual development programmes and the annual budget of the Board; (m)\tto engage competent evaluation teams and research institutions to study and evaluate the progress made and problems faced in the implementation of, and in achieving the objectives of, the projects and programmes undertaken by the Board; (n)\tto take such measures and exercise such other powers as it considers necessary for carrying out its functions under the Ordinance. (2) Without prejudice to the generality of the provisions of sub section (1), the Board may for the performance of its functions:- (a) undertake any work, incur any expenditure within the approved budget or any special allocation of funds, procure machinery, materials and services required for its use and enter into any agreement or contract as it may consider necessary or expedient; (b)\tseek or obtain advice and assistance in the preparation or creation of a scheme from the Government, any agency of the Government, local body or any other agency or, with the permission of the Government, from any foreign Government or agency.",
"name": "Functions of the Board",
"related_acts": "",
"section_id": 7
},
{
"act_id": 638,
"details": "8. (1) There shall be appointed by the Government a Director General who shall be the chief executive officer of the Board with responsibilities for carrying out the decisions and performing the executive functions of the Board. (2) There shall be appointed by the Government such number of Directors of the Board as it may fix from time to time. (3) The Director-General and the Directors shall hold office for such period and on such terms and conditions as the Government may determine. (4) If the Director-General is, for illness, or for any other reason, incapable of performing his duties under this Ordinance, the Government may authorise any Director to perform the duties of the Director-General during the period for which he is so incapable.",
"name": "Director General, etc.",
"related_acts": "",
"section_id": 8
},
{
"act_id": 638,
"details": "9. (1) There shall be three Funds of the Board, namely, the Rural Development Fund, the Special Projects Fund and the Board Operating Fund. (2) The Rural Development Fund shall be utilised for channelling to the village based primary cooperative societies and TCCAs for their promotional, motivational and developmental activities. (3) The Special Projects Fund shall be utilised for undertaking specific and well defined tasks assigned to the Board by the Government or for execution of special projects for which special agreement have been signed between the Government and the Board. (4) The Board Operating Fund shall be utilised for the pay and allowances of the Director-General, Directors, officers and staff and for all other operational and incidental expenses of the Board.",
"name": "Funds",
"related_acts": "",
"section_id": 9
},
{
"act_id": 638,
"details": "10. (1) To the credit of the Rural Development Fund shall be placed- (a) \tgrants made by the Government; (b)\tloans obtained by the Board from the Government or any other source with the approval of Government; (c)\tgrants made to the Board by local authorities or cooperative bodies; (d)\tall other sums received by the Board from any other source; and (e)\tinterest or other income on the above amounts. (2) To the credit of the Special Projects Fund shall be placed- (a)\tgrants received from the Government or agencies approved by the Government; and (b)\tloans received from the Government or agencies approved by the Government. (3) To the credit of the Board Operating Fund shall be placed- (a)\tgrants obtained by the Board from the Government or agencies approved by the Government; and (b)\tloans obtained by the Board from the Government or agencies approved by the Government.",
"name": "Grants, etc., to the Funds",
"related_acts": "",
"section_id": 10
},
{
"act_id": 638,
"details": "11. The Board may, with the prior approval of the Government, borrow money from any source in Bangladesh for carrying out the purposes of the Ordinance.",
"name": "Borrowing power",
"related_acts": "",
"section_id": 11
},
{
"act_id": 638,
"details": "12. The Board shall, by such date before the commencement of each financial year as the Government may direct, submit to the Government for approval a budget, in the prescribed form, for each financial year showing the estimated expenditures and receipts, if any, and the sums likely to be required from the Government during the financial year for each of the Funds specified in section 9.",
"name": "Budget",
"related_acts": "",
"section_id": 12
},
{
"act_id": 638,
"details": "13. (1) The Board shall maintain its accounts in such manner and form as the Government may prescribe. (2) The accounts of the Board shall be audited by the Comptroller and Auditor General of Bangladesh, hereinafter in this section referred to as the Auditor General, in such manner as he deems fit. (3) For the purpose of an audit under sub section (2) the Auditor General or any person authorised by him in this behalf shall have access to all records, books, documents, cash securities, stores and other property of the Board and may examine the Director General or any Director or any officer or employee of the Board. (4) The Auditor General shall, as soon as possible after completion of the audit, send to the Board his audit report and the Board shall forward it with its comments thereon to the Government. (5) The Board shall take steps forthwith to remedy the defects or irregularities pointed out in the audit report.",
"name": "Audit and Accounts",
"related_acts": "",
"section_id": 13
},
{
"act_id": 638,
"details": "14. (1) The Board's functions shall be at three levels, namely, the National level, the district level and the thana level. (2) The strength of the officers and members of the staff and their functions at each level shall be determined by the Board with the prior approval of the Government.",
"name": "Three level functionaries",
"related_acts": "",
"section_id": 14
},
{
"act_id": 638,
"details": "15. The Board may, subject to the overall sanctioned strength and budgetary provisions and also subject to regulations as may be made under the Ordinance in this behalf, create such posts of officers, consultants, advisers, auditors and other employees as it considers necessary for the efficient discharge of its functions under this Ordinance and appoint them on such terms and conditions as the Board may determine",
"name": "Appointment of officers, etc.",
"related_acts": "",
"section_id": 15
},
{
"act_id": 638,
"details": "16. (1) The Board shall submit to the Government, as soon as possible after the end of every financial year, a detailed report on the conduct of its affairs for that year. (2) The Board shall submit to the Government at such time and at such interval as the Government may specify- (a) \tsuch returns, accounts, statements, estimates and statistics as may be required by the Government; (b)\tinformation and comments asked for by the Government on any specific subject; (c)\tcopies of documents required by the Government for examination or any other purpose.",
"name": "Submission of reports, etc.",
"related_acts": "",
"section_id": 16
},
{
"act_id": 638,
"details": "17. The Board may, by general or special order, direct that such of its powers shall, in such circumstances and under such conditions, if any, as may be specified in the order, be exercisable by the Director-General, a Director or an officer of the Board as may be specified therein.",
"name": "Delegation of powers",
"related_acts": "",
"section_id": 17
},
{
"act_id": 638,
"details": "18. A member shall, while acting or purporting to act in pursuance of any provision of this Ordinance or rules and regulations made thereunder, be deemed to be a public servant within the meaning of section 21 of the Penal Code (Act XLV of 1860).",
"name": "Public Servant, etc.",
"related_acts": "",
"section_id": 18
},
{
"act_id": 638,
"details": "19. No suit, prosecution or other legal proceeding shall lie against the Chairman, any member, adviser, consultant, officer or other employee of the Board for anything done or intended to be done in good faith under this Ordinance.",
"name": "Indemnity",
"related_acts": "",
"section_id": 19
},
{
"act_id": 638,
"details": "20. The Government may, from time to time, issue directions to the Board to take such measures as it considers necessary for carrying out the purposes of this Ordinance; and the Board shall comply with all such directions.",
"name": "Power to issue directions",
"related_acts": "",
"section_id": 20
},
{
"act_id": 638,
"details": "21. If any difficulty arises in giving effect to the provisions of this Ordinance, the Government may make such order, not inconsistent with the provisions of this Ordinance, as may appear to it to be necessary for the purpose of removing the difficulty.",
"name": "Removal of difficulties",
"related_acts": "",
"section_id": 21
},
{
"act_id": 638,
"details": "22. The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 22
},
{
"act_id": 638,
"details": "23. (1) The Board may, with the prior approval of the Government, make regulations, not inconsistent with the provisions of this Ordinance and the rules made thereunder, to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this Ordinance. (2) All regulations made under this section shall be published in the official Gazette and shall come into force on such publication.",
"name": "Power to make regulations",
"related_acts": "",
"section_id": 23
},
{
"act_id": 638,
"details": "24. No provision of law relating to the winding up of bodies corporate shall apply to the Board, and the Board shall not be wound up except by order of the Government, and in such manner as the Government may direct.",
"name": "Winding up",
"related_acts": "",
"section_id": 24
},
{
"act_id": 638,
"details": "25. Notwithstanding anything contained in any other law for the time being in force or in any rule, regulation or bye-law, or in any contract or agreement, upon the establishment of the Board- (a)\tthe Integrated Rural Development Programme, hereinafter referred to as the IRDP, shall stand dissolved; (b)\tall properties, movable and immovable, all rights, liabilities and obligations of the Government relating to the IRDP shall stand transferred to and vest in the Board; (c)\tevery person in the service of the Republic serving in or in connection with the affairs of the IRDP shall, notwithstanding anything contained in any contract or agreement or in the terms and conditions of service, serve, if so required by the Government, under the Board; and (d)\tanything done, action taken, order passed, appointment made, notification issued, or purported to have been done, taken, passed, made or issued, by the Government in respect of the IRDP after the 16th day of December, 1971, and before the commencement of this Ordinance, shall be deemed to have been validly done, taken, passed, made or issued and shall have and shall be deemed always to have had effect accordingly, and shall not be called in question in any Court of law.",
"name": "Dissolution of Integrated Rural Development Programme",
"related_acts": "",
"section_id": 25
}
],
"text": "An Ordinance to provide for the establishment of the Bangladesh Rural Development Board. WHEREAS it is expedient to provide for the establishment of a Board for rural development in Bangladesh to formulate policies, co-ordinate activities and supervise implementation of various projects and programmes relating to rural development and for development of rural economy of the country and for matters connected therewith or incidental thereto; NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the Chief Martial Law Administrator is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 639,
"lower_text": [
"1 Clause (a) was substituted by section 2 of the Electoral Rolls (Amendment) Act, 1994 (Act No. XXIV of 1994).",
"2 Clauses (aa) and (aaa) were inserted by section 3 of the Electoral Rolls (Amendment) Ordinance, 1984 (Ordinance No. XVIII of 1984).",
"3 Clause (aaaa) was inserted by section 2 of the Electoral Rolls (Amendment) Act, 1994 (Act No. XXIV of 1994).",
"4 The commas and words “, in relation to a local body,” were inserted by section 3 of the Electoral Rolls (Amendment) Ordinance, 1984 (Ordinance No. XVIII of 1984).",
"5 Clause (bb) was inserted by section 2 of the Electoral Rolls (Amendment) Act, 1994 (Act No. XXIV of 1994).",
"6 The words and commas “ a Union Parishad, a Zilla Parishad, a Paurashava or a City Corporation” were substituted for the words and commas “a Union Parishad, a Upazila Parishad, a Zilla parishad, a Paurashava or a Municipal Corporation” by section 2 of the Electoral Rolls (Amendment) Act, 1994 (Act No. XXIV of 1994).",
"7 Section 5 was substituted by section 3 of the Electoral Rolls (Amendment) Act, 1994 (Act No. XXIV of 1994).",
"8 The words “electoral area or constituencies” were substituted for the words “electoral areas” by section 5 of the Electoral Rolls (Amendment) Ordinance, 1984 (Ordinance No. XVIII of 1984).",
"9 The words “or each constituency” were inserted by section 6 of the Electoral Rolls (Amendment) Ordinance, 1984 (Ordinance No. XVIII of 1984).",
"10 The words “or that constituency” were inserted by section 6 of the Electoral Rolls (Amendment) Ordinance, 1984 (Ordinance No. XVIII of 1984).",
"11 The words “elective bodies” were substituted for the words “local bodies” by section 6 of the Electoral Rolls (Amendment) Ordinance, 1984 (Ordinance No. XVIII of 1984",
"12 Sub-section (3) was substituted by section 4 of the Electoral Rolls (Amendment) Act, 1994 (Act No. XXIV of 1994).",
"13 The words “an elective body” were substituted for the words “a local body” by section 8 of the Electoral Rolls (Amendment) Ordinance, 1984 (Ordinance No. XVIII of 1984).",
"14 Section 11A was inserted by section 5 of the Electoral Rolls (Amendment) Act, 1994 (Act No. XXIV of 1994).",
"15 Section 15 was substituted by section 6 of the Electoral Rolls (Amendment) Act, 1994 (Act No. XXIV of 1994).",
"16 Section 16 was substituted by section 7 of the Electoral Rolls (Amendment) Act, 1994 (Act No. XXIV of 1994).",
"17 Sections 18 and 19 were substituted for the previous sections 17A and 18 by section 8 of the Electoral Rolls (Amendment) Act, 1994 (Act No. XXIV of 1994)."
],
"name": "The Electoral Rolls Ordinance, 1982",
"num_of_sections": 20,
"published_date": "30th December, 1982",
"related_act": [
639
],
"repelled": true,
"sections": [
{
"act_id": 639,
"details": "1. This Ordinance may be called the Electoral Rolls Ordinance, 1982.",
"name": "Short title",
"related_acts": "639",
"section_id": 1
},
{
"act_id": 639,
"details": "2. This Ordinance shall have effect notwithstanding anything to the contrary contained in any other law for the time being in force.",
"name": "Ordinance to override other laws",
"related_acts": "",
"section_id": 2
},
{
"act_id": 639,
"details": "3. In this Ordinance, unless there is anything repugnant in the subject or context,- 1(a) \t“Commission” means the Election Commission within the meaning of the Constitution; 2(aa) \t“constituency” means a constituency delimited for the purpose of elections to Parliament; (aaa) \t“elective body” means a local body or Parliament; 3(aaaa)\t“elector” means a person registered as voter and enrolled in the final electoral rolls prepared and published under this Ordinance; (b) \t“electoral area” 4in relation to a local body, means a village in the case of a rural area and a mohalla or a street in the case of an urban area; 5(bb)\t“identity card” means an identity card issued under section 11A; (c) \t“local body” means 6a Union Parishad, a Zilla Parishad, a Paurashava or a City Corporation; (d) \t“prescribed” means prescribed by rules made under this Ordinance; (e)\t“qualifying date”, in relation to the preparation, amendment or revision of every electoral roll under this Ordinance, means the first day of January of the year in which it is so prepared or revised; and (f) \t“Registration Officer” means a Registration Officer appointed under section 6 and includes an Assistant Registration Officer performing the functions of a Registration Officer.",
"name": "Definitions",
"related_acts": "",
"section_id": 3
},
{
"act_id": 639,
"details": "4. The Commission may require any person or authority to perform such functions or render such assistance for the purposes of this Ordinance as the Commission may direct.",
"name": "Assistance to the Commission",
"related_acts": "",
"section_id": 4
},
{
"act_id": 639,
"details": "75. For the purpose of elections to different elective bodies, there shall be prepared electoral rolls for each electoral area or constituency, as the case may be, upon registration of the voters.",
"name": "Preparation of electoral rolls",
"related_acts": "",
"section_id": 5
},
{
"act_id": 639,
"details": "6. (1) The Commission shall appoint a Registration Officer for each electoral area or constituency for the purpose of preparation, correction, amendment and revision of an electoral roll for that electoral area or constituency and may, for that purpose, appoint as many Assistant Registration Officers as may be necessary; and the same person may be appointed as Registration Officer or Assistant Registration Officer for two or more 8electoral areas or constituencies. (2) Subject to such instructions as may be given in this behalf by the Commission,- (a) \tan Assistant Registration Officer may, under the control of the Registration Officer, perform the functions of a Registration Officer; and (b) \ta Registration Officer may require any person to assist him in the performance of his functions.",
"name": "Appointment of Registration Officer, etc.",
"related_acts": "",
"section_id": 6
},
{
"act_id": 639,
"details": "7. (1) The Registration Officer for an electoral area or constituency shall, under the superintendence, direction and control of the Commission, prepare for that electoral area or constituency in the prescribed manner a draft electoral roll containing the name of every person who, on the qualifying date,- (a) \tis a citizen of Bangladesh; (b) \tis not less than eighteen years of age; (c) \tdoes not stand declared by a competent Court to be of unsound mind; and (d) \tis or is deemed to be a resident of that electoral area or constituency. (2) The draft electoral roll prepared under sub-section (1), together with a notice inviting claims and objections with respect thereto, shall be published in such manner as may be prescribed. (3) The Registration Officer shall, in the prescribed manner, make such additions, modifications or corrections in the draft electoral roll as may be required by any decision on any claim or objection or as may be necessary for correction of any clerical, printing or other error. (4) After making additions, modifications or corrections, if any, under sub-section (3), the Registration Officer shall, in the prescribed manner, publish the final electoral roll for a group of electoral areas 9or each constituency and the final electoral roll so published shall be the electoral roll for those electoral areas 10or that constituency. (5) The final electoral roll published under sub-section (4) shall come into force immediately on such publication. (6) An electoral roll shall be maintained in the prescribed manner and shall be kept open for public inspection; and copies of such roll shall be supplied to any person applying therefore on payment of such fee as may be prescribed. (7) If the Commission, on account of any gross error or irregularity in or in the preparation of an electoral roll for any electoral area or constituency or draft thereof, considers it necessary so to do, it may by order direct that such roll or draft shall stand cancelled and that an electoral roll for that electoral area or constituency be prepared afresh. (8) The Commission may cause the electoral rolls to be regrouped, if necessary, for the purpose of election to different 11elective bodies.",
"name": "Preparation and publication of electoral rolls",
"related_acts": "",
"section_id": 7
},
{
"act_id": 639,
"details": "8. (1) Save as hereinafter provided, a person shall be deemed to be resident in an electoral area or constituency if he ordinarily resides in that electoral area or constituency. (2) A person who is in Government service or holds any public office, shall, unless he otherwise indicates in writing to the Registration Officer, be deemed to be resident in the electoral area or constituency in which he would have been resident if he had not been in such service or had not held such Office. 12(3) The spouse of any such person as is referred to in sub-section (2) and such of his or her children as are entitled to be enrolled shall, if they ordinarily reside with such person, be deemed to be residents in the electoral area in which such person is deemed to be resident under that sub-section. (4) A person who is detained in prison or other legal custody at any place in Bangladesh shall be deemed to be resident in the electoral area or constituency in which he would have been resident if he had not been so detained.",
"name": "Meaning of resident",
"related_acts": "",
"section_id": 8
},
{
"act_id": 639,
"details": "9. No person shall be entitled to be enrolled- (a) \ton the electoral roll for any electoral area or constituency more than once; or (b) \ton the electoral roll for more than one electoral area or constituency.",
"name": "Restriction on enrolment",
"related_acts": "",
"section_id": 9
},
{
"act_id": 639,
"details": "10. The electoral rolls may be amended and corrected in the prescribed manner, as and when necessary, so as- (a) \tto correct any entry or supply any omission therein; or (b) \tto include the name of any qualified person whose name does not appear on such roll or who has since its preparation or its last revision become qualified to be enrolled on such roll; or (c) \tto delete therefrom the name of the person who has died, or who is or has become disqualified for enrolment on such roll.",
"name": "Amendment and correction of electoral rolls",
"related_acts": "",
"section_id": 10
},
{
"act_id": 639,
"details": "11. (1) The electoral roll shall- (a) \tunless otherwise directed by the Commission for reasons to be recorded in writing, be revised in the prescribed manner by reference to the qualifying date before each election to 13an elective body; (b) \tbe revised in any year in the prescribed manner by reference to the qualifying date if such revision has been directed by the Commission: Provided that if the electoral roll is not revised as aforesaid, the validity or continued operation of the electoral roll shall not thereby be affected. (2) Notwithstanding anything contained in sub-section (1), the Commission may at any time, for reasons to be recorded in writing, direct a special revision of the electoral roll for any electoral area or constituency in such manner as it may think fit: Provided that subject to the other provisions of this Ordinance, the electoral roll for the electoral area or constituency, as in force at the time of the issue of any such direction, shall continue to be in force until the completion of the special revision so directed.",
"name": "Revision of electoral roll",
"related_acts": "",
"section_id": 11
},
{
"act_id": 639,
"details": "1411A. (1) The Commission shall issue an identity card to every elector. (2) The identity card shall be laminated and bear- (a) \ta photograph of the elector; (b) \tthe name and signature or thumb impression of the elector; (c) \tthe serial number of the elector in the electoral rolls; (d) \tthe signature of an officer of the Commission authorised in this behalf; (e) \tthe seal of the Commission; and (f) \tsuch other particulars, if any, as the Commission deems fit to specify. (3) An identity card may be renewed after such period as the Commission may determine in this behalf. (4) The form, shape and pattern of the identity cards and the manner of issuing them to the electors shall be such as may be prescribed by the Commission.",
"name": "Identity card",
"related_acts": "",
"section_id": 12
},
{
"act_id": 639,
"details": "12. The Registration Officer and any person authorised by him in this behalf shall have access to any register of births and deaths under the law for the time being in force and may collect such information and take such extracts from such register as may be necessary for the purposes of this Ordinance; and every person in charge of such register shall give such information and such extracts from the said register as the said officer or person may require.",
"name": "Access to register of births and deaths",
"related_acts": "",
"section_id": 13
},
{
"act_id": 639,
"details": "13. If a person whose name appears on an electoral roll ceases to be a citizen of Bangladesh or is declared by a competent Court to be of unsound mind his name shall stand deleted from the electoral roll.",
"name": "Deletion of name from electoral roll",
"related_acts": "",
"section_id": 14
},
{
"act_id": 639,
"details": "14. An electoral roll shall not be invalid by reason of any misdescription of a person enrolled thereon, or of omission of the names of any person entitled to be so enrolled or of inclusion of the name of any person not so entitled.",
"name": "Validity of electoral rolls, etc.",
"related_acts": "",
"section_id": 15
},
{
"act_id": 639,
"details": "1515. The Commission may, at any time, order- (a) \tthe inclusion in an electoral roll of the name of any person qualified to be enrolled on such electoral roll; (b) \tthe deletion therefrom the name of the person who has died, or who is or has become disqualified for enrolment on such roll; (c) \tto correct any entry or supply any omission therein.",
"name": "Commission’s power to include in or delete from the electoral roll any name, etc.",
"related_acts": "",
"section_id": 16
},
{
"act_id": 639,
"details": "1616. The Government may in consultation with the Commission, make rules for carrying out the purposes of this Ordinance.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 17
},
{
"act_id": 639,
"details": "17. No Court shall question the validity of the electoral rolls prepared under this Ordinance or the legality or propriety of any proceedings or action taken thereunder by or under the authority of the Commission or the Registration Officer.",
"name": "Bar of Jurisdiction",
"related_acts": "",
"section_id": 18
},
{
"act_id": 639,
"details": "1718. If any person makes in connection with- (a) \tthe preparation, revision or correction of an electoral roll, or (b) \tthe inclusion or deletion of any entry in or from an electoral roll, a statement or declaration in writing which is false and which he either knows or believes to be false or does not believe to be true, he shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to Taka one thousand, or with both.",
"name": "Making false declarations",
"related_acts": "",
"section_id": 19
},
{
"act_id": 639,
"details": "19. (1) If any Registration Officer, Assistant Registration Officer or other person required by or under this Ordinance to perform any duty in connection with the preparation, revision or correction of an electoral roll or the inclusion or deletion of any entry in or from that roll is, without reasonable cause, guilty of any act or wilful omission in breach of such duty, he shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to Taka five thousand, or with both. (2) No suit or other legal proceeding shall lie against any such officer or other person for damages in respect of any such act or omission as aforesaid. (3) No Court shall take cognizance of any offence punishable under sub-section (1) unless there is a complaint made by order of, or under authority from, the Commission.",
"name": "Breach of duty in connection with the preparation, etc. of electoral rolls",
"related_acts": "",
"section_id": 20
}
],
"text": "♠An Ordinance to provide for the preparation of electoral rolls for the purpose of elections to different elective bodies and offices. WHEREAS it is expedient to provide for the preparation of electoral rolls for the purpose of elections to different elective bodies and offices; NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the Chief Martial Law Administrator is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 640,
"lower_text": [],
"name": "The Fish and Fish Products (Inspection and Quality Control) Ordinance, 1983",
"num_of_sections": 15,
"published_date": "17th May, 1983",
"related_act": [
640
],
"repelled": true,
"sections": [
{
"act_id": 640,
"details": "1. (1) This Ordinance may be called the Fish and Fish Products (Inspection and Quality Control) Ordinance, 1983. (2) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint.",
"name": "Short title and commencement",
"related_acts": "640",
"section_id": 1
},
{
"act_id": 640,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a) “container” means any type of receptacle, package, wrapper or confining band used in packing or marketing of fish and fish products; (b)\t“fish” includes all cartilaginous and bony fishes, prawn, shrimp, amphibians, tortoise, turtles, crustacean animals, coelenterates, molluscs, echinoderms and frogs at all stages of their life history; (c)\t“fish products” includes any products or by-products of fresh fish; (d)\t“fresh fish” means freshly caught fish which has not been processed in any manner; (e)\t“fish processing and fish packing plant and establishment” means any place where fish or fish products is processed for export or stored for export or for internal marketing; (f)\t“inspection” means physical examination of fish processing and packing plants with regard to hygiene and sanitation and physical, chemical and bactereological examination of fish and fish products; (g)\t“processing” includes cleaning, filleting, icing, packing, canning, freezing, smoking, salting, cooking, pickling, drying or preparing fish in any other manner for marketing; and (h)\t“quality control” means the technique by which conformity of a product to establish standard is assured.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 640,
"details": "3. (1) The Government may, by notification in the official Gazette, make such rules as appear to it to be necessary or expedient for ensuring the quality of fish and fish products for export and of the containers thereof. (2) Without prejudice to the generality of the powers conferred by sub-section (1), the rules may provide for all or any of the following matters, namely:- (a)\tprescribing grades, quality and standard of fish and fish products; (b)\tregulation of catching, handling and marketing of fish or, as the case may be, fish products; (c)\tprocessing, storing, grading, packaging, marking, transporting and inspection of fish and fish products; (d)\tprescribing the quality and specifications for containers of fish and fish products and the marking and inspection of such containers; (e)\trequiring the registration of fish processing and fish packing plant and establishment for freezing, processing and preservation of fish and fish products; (f)\trequiring the licensing of persons dealing in freezing, processing and preservation of fish and fish products; (g)\tdetermining the requirements of the equipment, construction and sanitary operation of fish processing and fish packing plant and establishment and boats, vehicles and other carriers used in connection with fishing and fish processing and fish packing plant and establishment or export of fish; (h)\tprescribing the fees for registration of fish processing and fish packing plant and establishment and for issuance of licences and inspection of laboratory analyses of fish and fish products samples; (i)\tprohibiting the sale or offering for sale or holding in possession for sale, except in accordance with the manner and upon fulfilment of the requirements prescribed in this behalf, any fish, fish products or container under any grade, name or standard; (j)\tprescribing the sampling procedure and the manner in which samples of any fish and fish products may be taken; (k)\tprohibiting or restricting marketing or offering or any attempt to market or offer, without obtaining quality control certificate from the Government, of any fresh, frozen, processed or preserved fish or container thereof; and (l)\tmanner of disposal of fish and fish products which do not conform with the prescribed standard or is otherwise considered unwholesome or unfit for human consumption.",
"name": "Rule making powers",
"related_acts": "",
"section_id": 3
},
{
"act_id": 640,
"details": "4. (1) The Government may, for the purpose of seeing that the provisions of this Ordinance and the rules made thereunder have been complied with, appoint such person or persons to be Inspectors as it deems fit and any Inspector appointed under this sub-section or any officer empowered by the Government in this behalf may,- (a)\tat all reasonable times enter any place or premises or go on board any steamship, vessel or boat, any railway car, truck, carriage, aircraft or other vehicle used for the carriage and storage of fish and fish product and inspect the same and open any container if he believes or has reason to believe that the container contains fish and fish products and take sample of any fish or fish products for inspection free of cost; and (b)\trequire and enforce production of any book, shipping bills, bills of lading or other documents or papers for inspection or for the purpose of obtaining copies thereof or extracts therefrom. (2) No person shall obstruct, impede or refuse admittance, or aid or assist in the obstruction, impedence or refusal of admittance, to an Inspector or any officer empowered under sub-section (1) in the performance of his duties under that sub-section.",
"name": "Inspection to ensure compliance with the provisions of the Ordinance",
"related_acts": "",
"section_id": 4
},
{
"act_id": 640,
"details": "5. No person shall export or sell for export or have in his possession for export, or deal in, any fish or fish products intended for human consumption which is decomposed, unwholesome or contaminated with pathogenic organisms.",
"name": "Export, etc. of fish",
"related_acts": "",
"section_id": 5
},
{
"act_id": 640,
"details": "6. No person who is suffering from leprosy, tuberculosis or such other contagious disease as the Government may, by notification in the official Gazette, specify, shall catch, handle, carry or, process or cause to catch, handle, carry or process fish or, as the case may be, fish products or work in fish processing and fish packing plant and establishment.",
"name": "Handling, etc. of fish and fish product",
"related_acts": "",
"section_id": 6
},
{
"act_id": 640,
"details": "7. (1) No person shall operate any fish processing and fish packing plant or establishment without obtaining a licence to be issued in this behalf by the Government in such form as it may determine. (2) An application for granting a licence under sub-section (1) shall be made by the person concerned in such form as the Government may determine. (3) Where the Government is satisfied that the provisions of this Ordinance and the rules made thereunder have been complied with, it shall grant to the applicant a licence which may contain such conditions as it may impose in this behalf. (4) If it is found that the applicant has not complied with the provisions of this Ordinance or the rules made thereunder, the Government may refuse to grant the licence applied for.",
"name": "Operation of fish processing and fish packing plant and establishment",
"related_acts": "",
"section_id": 7
},
{
"act_id": 640,
"details": "8. Any person aggrieved by any order under this Ordinance may, within thirty days from the date of the order, file an appeal against the order, to the Government whose decision in the matter shall be final.",
"name": "Appeal",
"related_acts": "",
"section_id": 8
},
{
"act_id": 640,
"details": "9. Any person who contravenes the provisions of sub-section (2) of section 4 shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to Taka five thousand, or with both.",
"name": "Penalty for contravention of section 4(2)",
"related_acts": "",
"section_id": 9
},
{
"act_id": 640,
"details": "10. Any person who contravenes the provisions of section 5 or 6 shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to Taka five thousand, or with both.",
"name": "Penalty for contravention of section 5 or 6",
"related_acts": "",
"section_id": 10
},
{
"act_id": 640,
"details": "11. (1) A person who after being convicted for contravention of sub-section (2) of section 4, section 5 or section 6, or any rule made thereunder, is convicted for the second or subsequent times, he shall, for every such conviction, be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to Taka ten thousand, or with both. (2) In inflicting the punishment under sub-section (1), the Court may order the seizure and forfeiture to the Government of the fish processing and fish packing plant or establishment to which the contravention may relate together with the cancellation of the licence issued in respect of such processing and fish packing plant or establishment.",
"name": "Penalty for consecutive offences",
"related_acts": "",
"section_id": 11
},
{
"act_id": 640,
"details": "12. (1) No Court inferior to that of a Magistrate of the First Class shall try an offence under this Ordinance. (2) No Court shall take cognizance of an offence under this Ordinance except upon a complaint in writing made by an Inspector appointed or an officer empowered under this Ordinance.",
"name": "Bar of Jurisdiction",
"related_acts": "",
"section_id": 12
},
{
"act_id": 640,
"details": "13. No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Ordinance or any rule made thereunder.",
"name": "Indemnity",
"related_acts": "",
"section_id": 13
},
{
"act_id": 640,
"details": "14. The Government may, by notified order, direct that any power or duty, other than those specified in section 3 or 8 or 15, conferred or imposed by this Ordinance upon the Government, shall, in such circumstances and under such conditions, if any, as may be specified in the direction, be exercised or discharged also by any officer subordinate to the Government.",
"name": "Delegation of powers",
"related_acts": "",
"section_id": 14
},
{
"act_id": 640,
"details": "15. The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 15
}
],
"text": "An Ordinance to provide for inspection and quality control of fish and fish products. WHEREAS it is expedient to provide for inspection and quality control of fish and fish products and for matters ancillary thereto; NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the Chief Martial Law Administrator is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 641,
"lower_text": [],
"name": "The Bangladesh Railway Board (Repeal) Ordinance, 1983",
"num_of_sections": 2,
"published_date": "30th May, 1983",
"related_act": [
641
],
"repelled": false,
"sections": [
{
"act_id": 641,
"details": "1. This Ordinance may be called the Bangladesh Railway Board (Repeal) Ordinance, 1983.",
"name": "Short title",
"related_acts": "641",
"section_id": 1
},
{
"act_id": 641,
"details": "2. (1) The Bangladesh Railway Board Ordinance, 1976 (XLI of 1976), hereinafter referred to as the said Ordinance, is hereby repealed. (2) Upon the repeal of the said Ordinance,- (a)\tthe Bangladesh Railway Board, hereinafter referred to as the said Board, constituted under the said Ordinance shall stand dissolved; (b)\tall assets, rights, powers, authorities and privileges and all property, movable and immovable, cash and bank balances, reserve funds, investments and all other rights and interests in, or arising out of, such property, and all books of accounts, registers, records and all other documents of the said Board shall stand transferred to, and vest in, the Government; (c) \tall debts and liabilities incurred, all obligations undertaken, all contracts entered into and all agreements made by or with the said Board before such repeal shall be deemed to have been incurred, undertaken, entered into or made by or with the Government; (d)\tall suits and other legal proceedings instituted by or against the said Board before such repeal shall be deemed to be suits and proceedings by or against the Government and shall be proceeded or otherwise dealt with accordingly; (e)\tall officers and other employees of the said Board shall stand transferred to and become officers and employees of the Government and shall hold office or service under the Government on the same terms and conditions as were applicable to them immediately before such repeal and shall continue to do so until their terms and conditions are duly altered by the Government; (f)\tall Provident Funds established, maintained or managed by the said Board and existing immediately before such repeal shall continue to exist and the subscriptions and contributions thereto shall be credited to the Government and the Government shall be liable to make payment to the officers and employees concerned out of those Funds.",
"name": "Repeal of Ord. No. XLI of 1976",
"related_acts": "",
"section_id": 2
}
],
"text": "An Ordinance to repeal the Bangladesh Railway Board Ordinance, 1976. WHEREAS it is expedient to repeal the Bangladesh Railway Board Ordinance, 1976 (XLI of 1976), and to provide for matters ancillary thereto; NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the Chief Martial Law Administrator is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 643,
"lower_text": [],
"name": "The Finance Ordinance, 1983",
"num_of_sections": 11,
"published_date": "30th June, 1983",
"related_act": [
354,
643,
206,
626
],
"repelled": false,
"sections": [
{
"act_id": 643,
"details": "1. (1) This Ordinance may be called the Finance Ordinance, 1983. (2) Except as otherwise provided in this Ordinance, this section and sections 7 and 9 shall come into force at once, section 4 shall come into force on the first day of July, 1984, and other sections shall come into force on the first day of July, 1983.",
"name": "Short title and commencement",
"related_acts": "643",
"section_id": 1
},
{
"act_id": 643,
"details": "2. The following amendments shall be made in the Opium Act, 1878 (I of 1878), namely:- (1) \tthroughout the Act, for the words “Deputy Commissioner of the District” and “Deputy Commissioner” the words “Deputy Controller” shall be substituted; (2) in section 3, after the definition of “Magistrate”, the following new definition shall be inserted, namely:- “Deputy Controller” means “the Deputy Controller of Narcotics and Liquor of the Civil Division;”.",
"name": "Amendment of Act I of 1878",
"related_acts": "",
"section_id": 2
},
{
"act_id": 643,
"details": "3. The following amendments shall be made in the Excise Act, 1909 (Ben. Act V of 1909), namely:- (1) \tthroughout the Act unless otherwise specified- (a) \tfor the words “Deputy Commissioner” the words “Deputy Controller” shall be substituted; (b) \tthe words “Commissioner of a Division” shall be omitted; (2) \tin section 2,- (a) \tin clause (1), after the word “malt” the words “and from coconut water” shall be inserted; (b) \tfor clause (5), the following shall be substituted, namely: “(5)\t“Deputy Controller” means the Deputy Controller of Narcotics and Liquor of a Civil Division;”;\t(3) \tin section 8, in sub-section (1), the words and commas “and shall, in such matters as the Government may direct, be subject also to the control of the Commissioner of the Division” shall be omitted; (4) \tin section 34,- (a) \tfor sub-section (2), the following shall be substituted, namely:- “(2) The Deputy Controller shall then forthwith submit the said list, as so revised, and the said objections and opinions, and his own opinion to the Controller.”; (b) \tsub-section (3) shall be omitted; (5) \tin section 35, the proviso shall be omitted; (6) \tin section 65, in sub-section (1), the words and comma “Deputy Collector, or” shall be omitted.",
"name": "Amendment of Ben. Act V of 1909",
"related_acts": "",
"section_id": 3
},
{
"act_id": 643,
"details": "4. The following amendments shall be made in the Income-tax Act, 1922 (XI of 1922), namely:- (1) \tin section 4, sub-section (3) shall be omitted; (2) \tin section 10, in sub-section (2), after clause (xi), the following clause (xi a) shall be inserted, namely:- “(xi a) in respect of provision for bad and doubtful debt, made by a bank, for overdue agricultural or rural loan, a sum equal to one and a half per cent of such overdue loan or the amount of actual provision for such bad or doubtful debt in the books of the assessee, whichever is the less: Provided that if any amount out of the amount so allowed is ultimately recovered, the same shall be deemed to be a profit of the year in which it is recovered;”; (3) \tin section 12B, in sub-section (7), for the words “a new industrial undertaking” occurring twice, the words “an industrial undertaking” shall be substituted; (4) \tin section 14, in sub-section (3), in clause (b), in sub-clause (ii), in the Explanation, in clause (b), for the word “it” the words and comma “plant, machinery and equipments” shall be substituted; (5) \tin section 15, in sub-section (3), for the words and commas “thirty per cent of the total income of the assessee, or thirty-five thousand taka, whichever is the less”, the words “one-third of the total income of the assessee” shall be substituted; (6) \tin section 15AA,- (a) \tin sub-section (1),- (i)\tfor the brackets and words “(including Development Loans)” the brackets and words “(including Development Loans or Bonds)” shall be substituted; and (ii)\tafter the word “behalf ” at the end, a comma and words “, or as is contributed by an individual in any Deposit Pension Scheme sponsored by the Government” shall be inserted; (b) \tin sub-section (3), for the brackets and words “(including Development Loans)” the brackets and words “(including Development Loans or Bonds)” shall be substituted; (7) \tin section 15C,- (a)\tin sub-section (1), after the words “Subject to the provisions of this section”, the words and figures “and sub-section (3) of section 15” shall be inserted; (b) \tsub-sections (2) and (2A) shall be omitted;\t(c) \tin sub-section (3), in clause (b), after the figure “1913”, the comma and words “, and listed in a stock Exchange” shall be inserted; (8) \tin section 15D, in sub-section (2), for the words “twenty per cent” the words “thirty per cent” shall be substituted; (9) in section 15F, after the words and comma “income, profits and gains”, the commas and words “, not exceeding three thousand taka;” shall be inserted; (10) \tin section 16, in sub-section (1), in clause (a), after the word, figure and letters “section 15DD” the comma, word, figure and letters “, section 15DDD” shall be inserted and shall be deemed to have been so inserted on and from the first day of July, 1982; (11) \tin section 18, in sub-section (3BB), for the full-stop at the end a colon shall be substituted and thereafter the following proviso shall be added with effect from the first day of July, 1983, namely: “Provided that any person making any collection in full or in part (including collection by way of an advance) from any person on account of such purpose as may be prescribed shall also collect, on account of the tax payable by him, an amount calculated at such rate or rates and in such manner as may be prescribed, and such collections shall also be deemed to be advance payment of tax made by the assessee and shall be given credit for in his assessment.”.",
"name": "Amendments of Act XI of 1922",
"related_acts": "",
"section_id": 4
},
{
"act_id": 643,
"details": "5. The following amendments shall be made in the Opium Smoking Act, 1932 (Ben. Act X of 1932), namely:- (1) throughout the Act, for the words “Deputy Commissioner” the words “Deputy Controller” shall be substituted; (2) in section 2, for clause (5), the following shall be substituted, namely: “(5) 'Deputy Controller' means 'the Deputy Controller of Narcotics and Liquor of the Civil Division.'”.",
"name": "Amendment of the Ben. Act X of 1932",
"related_acts": "",
"section_id": 5
},
{
"act_id": 643,
"details": "6. The following amendments shall be made in the Electricity Duty Act, 1935 (Ben. Act X of 1935), namely:-\t(1) \tfor section 3, the following shall be substituted, namely:- “3. There shall be charged, levied and paid to the Government on the units of energy consumed, a duty (hereinafter referred to as “electricity duty”) at the rate specified in the Schedule: Provided that electricity duty shall not be leviable on the units of energy consumed in any- (i)\tplace of public worship, public burial or burning ground or other place for the disposal of dead; (ii)\tpremises declared by the Government to be used exclusively for the purposes of public charity; (iii) \tvessel, whether sea-going or inland; (iv) \tpremises in the occupation of foreign diplomatic missions for the purposes of office and residence.”; (2) \tsection 4 shall be omitted; (3) \tin section 5, in sub-section (1), the words “for the purpose of lights and fans” shall be omitted; (4) \tin section 9, for the words “fifty taka” the words “one hundred taka” shall be substituted; (5) \tin section 11, in sub-section (3), for the words “fifty taka” the words “one hundred taka” shall be substituted; (6) for the First Schedule and the Second Schedule, the following shall be substituted, namely:- “THE SCHEDULE (See section 3) Rate of Duty (1) Five poisha for each unit of energy consumed. (2) In respect of all other premises where consumption of energy is un-metered, energy consumed shall be calculated on the basis of- Total connected load of Installation in K.W. ´ Daily working hours. ´ No. of days. Units”.",
"name": "Amendment of Ben. Act X of 1935",
"related_acts": "",
"section_id": 6
},
{
"act_id": 643,
"details": "7. In the Excises and Salt Act, 1944 (I of 1944), for the First Schedule the Schedule set out in the First Schedule to this Ordinance shall be substituted.",
"name": "Amendment of Act I of 1944",
"related_acts": "206",
"section_id": 7
},
{
"act_id": 643,
"details": "8. (1) The Urban Immovable Property Tax Act, 1957 (E.P. Act XI of 1957), is hereby repealed. (2) Notwithstanding its repeal under sub-section (1), the Urban Immovable Property Tax Act, 1957 (E.P. Act XI of 1957), and the rules, orders or instructions made or issued thereunder shall continue to apply to the levy and collection of tax payable thereunder before the repeal of this Act and to all proceedings connected therewith as if the said Act had not been repealed.",
"name": "Repeal of E.P. Act XI of 1957",
"related_acts": "",
"section_id": 8
},
{
"act_id": 643,
"details": "9. The following amendments shall be made in the Customs Act, 1969 (IV of 1969), namely:- (1) \tthroughout the First Schedule, unless otherwise specified, in column (3),- (a) \tfor the figure “40%” wherever occurring the figure “50%” shall be substituted; (b) \tfor the figure “75%” wherever occurring the figure “100%” shall be substituted; (2) \tin the First Schedule,- (a) \tagainst Tariff Heading No. 09.02 in column (1), in column (3), for the words, figure and letters “Taka 2.75 per kg.” the figure “150%” shall be substituted; (b) \tagainst Tariff Heading No. 09.03 in column (1), in column (3), for the words, figure and letters “Taka 1.50 per kg.” the figure “50%” shall be substituted; (c) \tagainst Tariff Heading No. 13.03 in column (1) and the entries relating thereto in sub-head A in column (2), in column (3), for the words, figure and letters “Taka 64.00 per kg.” the figure “20%” shall be substituted; (d) \tagainst Tariff Heading No. 17.01 in column (1) and the entries relating thereto in sub-heads A and B in column (2), in column (3), for the words, figure and letters “Taka 4.00 per kg.” the figure “100%” shall be substituted; (e) \tagainst Tariff Heading No. 21.06 in column (1), in column (3), for the figure “100” the figure “150%” shall be substituted; (f) \tagainst Tariff Heading No. 22.10 in column (1), in column (3), for the figure “175%” the figure “200%” shall be substituted; (g) \tagainst Tariff Heading No. 24.01 in column (1) and the entries relating thereto in sub-heads A, B, C, D and E in column (2), in column (3), for the letters, figure and word “Tk. 25.00 per kg.” the figure “20%” shall be substituted; (h) \tagainst Tariff Heading No. 24.02 in column (1) and the entries relating thereto in item 1 of sub-head C in column (2), in column (3), for the letters, figure and word “Tk. 100.00 per kg.” the figure “20%” shall be substituted; (i) \tagainst Tariff Heading No. 25.01 in column (1) and the entries relating thereto in item 1 of sub-head A in column (2), in column (3), for the words and figure “Taka 150.00 per metric ton” the figure “10%” shall be substituted;\t(j) \tagainst Tariff Heading Nos. 32.05, 32.06 and 32.07 in column (1), in column (3), for the figure “50%” the figure “100%” shall be substituted; (k) \tagainst Tariff Heading No. 32.09 in column (1) and the entries relating thereto in sub-heads A and C in column (2), in column (3), for the figure “75%” the figure “150%” shall be substituted; (l) \tagainst Tariff Heading Nos. 50.01, 50.02 and 50.03 in column (1), in column (3), for the figure “40%” the figure “150%” shall be substituted; (m) against Tariff Heading Nos. 73.22, 73.23 and 73.24 in column (1), in column (3), for the figure “50%” the figure “100%” shall be substituted; (n) \tagainst Tariff Heading No. 82.11 in column (1), in column (3), for the figure “100%” the figure “150%” shall be substituted; (o) \tagainst Tariff Heading No. 85.13 in column (1) and the entries relating thereto in sub-heads A and B in column (2), in column (3), for the figure “50%” the figure “100%” shall be substituted; (p) \tagainst Tariff Heading No. 89.04 in column (1), in column (3), for the figure “30%” the figure “50%” shall be substituted; (q) \tagainst Tariff Heading No. 93.02 in column (1), in column (2), for sub-head A, the following shall be substituted, namely: “A. Arms forming part of the regular uniform and imported against clearance from Army Headquarters”.",
"name": "Amendment of Act IV of 1969",
"related_acts": "354",
"section_id": 9
},
{
"act_id": 643,
"details": "10. The following amendments shall be made in the Business Turnover Tax Ordinance, 1982 (XVII of 1982), namely:- (1)\tin section 6,- (a)\tfor sub-section (2), the following shall be substituted, namely: “(2)\tThe payment of turnover tax shall be accompanied by a return in such form and manner as may be prescribed.”; (b) \tin sub-section (3), after the word “extend” at the end, the words “taka five thousand” shall be inserted; (2) \tin section 7,- (a)\tfor sub-section (1), the following shall be substituted, namely: “(1) (a) If the trader opts for self-assessment, the return shall contain particulars of calculation of tax along with the declaration by the trader to the effect that the tax paid represents correct turnover. (b) \tIn the case of traders who have paid tax and submitted the self-assessment return and the return so furnished is complete, the Collector shall, by an order, make an assessment on the basis thereof. (c) \tIf the trader does not opt for self-assessment under clause (a), he shall be required to file a return in the form prescribed under section 6. (d) \tIn case of a trader who has paid the tax and furnished the return as required under this Ordinance, the Collector shall- (i) \tif he is satisfied that the return is correct and complete, by an order make an assessment on the basis thereof and determine the tax payable; and (ii) \tif he is not so satisfied, after making or causing to be made such enquiry and such examination of books of accounts and other documents (which may be called for, if necessary), make an assessment and determine the tax payable; and if the tax so determined is greater or less than the tax paid, the difference shall be added to or adjusted with the tax payable by the trader concerned in respect of the next quarter.”; (b) \tin sub-section (2), in the governing clause, for the words “trader who have not paid the tax or have” the words “a trader who has not paid the tax or has” shall be substituted; (3) \tin section 14, in sub-section (1),- (a) \tafter the word “knowingly” the words “furnishes incorrect return or” shall be inserted; (b) \tafter the words “Taka five thousand” the words and comma “or twice the amount of tax payable, whichever is higher” shall be inserted.",
"name": "Amendment of Ord. XVII of 1982",
"related_acts": "",
"section_id": 10
},
{
"act_id": 643,
"details": "11. (1) Subject to the provisions of sub-sections (2), (3), (4) and (5), in making any assessment for the year beginning on the first day of July, 1983, income-tax shall be charged at the rates as specified in the Second Schedule. (2) In making any assessment for the year beginning on the first day of July, 1983,- a) \twhere the total income of an assessee, not being a company, includes any income chargeable under the head “Salaries” or any income chargeable under the head “interest on securities”, the income-tax payable by the assessee on that part of his total income which consists of such inclusion shall be an amount bearing to the total amount of income-tax payable according to the rates applicable under the operation of the Finance Ordinance, 1982 (XVI of 1982), on his total income the same proportion as the amount of such inclusion bears to his total income; and (b) \twhere the total income of a company includes any profits and gains from Life Insurance business, the income-tax payable by the company shall be reduced by an amount equal to 12.5 per cent of that part of its total income which consists of such inclusion. (3) In making any assessment for the year beginning on the first day of July, 1983, where the assessee is a co-operative society, the tax shall be payable at the rate specified in paragraph A, or clause (c) of sub-paragraph (i) of paragraph B, of the second schedule, whichever treatment is more beneficial to the assessee: Provided that in calculating for the purpose of this sub-section, the amount of income-tax at the rates specified in paragraph A of the second schedule, no deduction in respect of any allowance or sums referred to in the proviso to the said paragraph shall be made. (4) (a) In making any assessment for the year beginning on the first day of July, 1983 where the total income of an assessee other than a company not registered in Bangladesh, includes any profits and gains derived from the export of goods out of Bangladesh, income-tax payable by him in respect of such profits and gains shall, subject to the provisions of clauses (b) and (c), be reduced by an amount computed in the manner specified hereunder: Amount (i) Where the goods exported abroad had not been manufactured by the assessee who exported them: 30 per cent of the income tax attributable to export sales. (a) and where the export sales during the relevant year exceed the export sales of the preceding year; plus an additional 1 per cent for every increase of 10 per cent in export sales over those of the preceding year subject to an overall maximum of 40 per cent. (b) and where the export sales during the relevant year do not exceed the export sales of the preceding year; minus 1 per cent for every decrease of 10 per cent in export sales from those of the preceding year subject to an overall minimum of 20 per cent. (ii) Where the goods exported had been manufactured by the assessee who had exported them: (a) where the export sales do not exceed 10 per cent of the total sales: Nil. (b) where the export sales exceed 10 per cent but do not exceed 20 per cent of the total sales: 30 per cent of the income-tax attributable to export sales. (c) where the export sales exceed 20 per cent but do not exceed 30 per cent of the total sales: 40 per cent of the income-tax attributable to export sales. (d) where the export sales exceed 30 per cent but do not exceed 40 per cent of the total sales: 50 per cent of the income-tax attributable to export sales. (e) where the export sales exceed 40 per cent of the total sales: 60 per cent of the income-tax attributable to export sales. (b) Nothing contained in clause (a) shall apply in respect of the following goods or class of goods, namely:- (i) tea; (ii) raw jute; (iii) jute manufactures; (iv) raw hides and skin and wet-blue leather; (v) such other goods as may be notified by the National Board of Revenue from time to time. (c) The National Board of Revenue may make rules providing for the computation of profits and the tax attributable to export sales and for such other matters as may be necessary to give effect to the provisions of this sub-section. (5) In cases to which section 17 of the Income-tax Act, 1922 (XI of 1922), applies the tax chargeable shall be determined as provided in that section but with reference to the rates imposed by sub-section (1), and in accordance where applicable, with the provisions of sub-section (2). (6) For the purpose of making deduction of tax under section 18 of the Income-tax Act, 1922 (XI of 1922), the rates specified in the Second Schedule shall apply as respects the year beginning on the first day of July, 1983, and ending on the thirtieth day of June, 1984.",
"name": "Income-tax",
"related_acts": "626",
"section_id": 11
}
],
"text": "An Ordinance to give effect to the financial proposals of the Government and to amend certain laws. WHEREAS it is expedient to make provisions to give effect to the financial proposals of the Government and to amend certain laws for the purpose hereinafter appearing; NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the Chief Martial Law Administrator is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 642,
"lower_text": [
"1 Clause 3 was substituted by section 2 of the Bangladesh Merchant Shipping (Amendment) Act, 1995 (Act No. II of 1995",
"2 Clause (12a) was substituted by section 3 of the Bangladesh Merchant Shipping (Amendment) Act, 2004 (Act No. VIII of 2004).",
"3 Clause (a) was omitted by section 3 of the Bangladesh Merchant Shipping (Amendment) Act, 1995 (Act No. II of 1995).",
"4 Clause (c) was omitted by section 4 of the Bangladesh Merchant Shipping (Amendment) Act, 1995 (Act No. II of 1995).",
"5 Clause (c) was omitted by section 5 of the Bangladesh Merchant Shipping (Amendment) Act, 1995 (Act No. II of 1995).",
"6 Section 34 was substituted by section 6 of the Bangladesh Merchant Shipping (Amendment) Act, 1995 (Act No. II of 1995).",
"7 The words “A registered ship” were substituted for the words, figure and comma “Subject to the provisions of section 34, a registered ship” by section 7 of the Bangladesh Merchant Shipping (Amendment) Act, 1995 (Act No. II of 1995).",
"8 The words “A registered mortgage” were substituted for the words, figure and comma “Subject to the provisions of section 34, a registered mortgage” by section 8 of the Bangladesh Merchant Shipping (Amendment) Act, 1995 (Act No. II of 1995).",
"9 The word and figure “section 72” were substituted for the words and figures “sections 72 and 74” by section 12 of the Bangladesh Merchant Shipping (Amendment) Act, 1995 (Act No. II of 1995).",
"10 Clause (d) was omitted by section 12 of the Bangladesh Merchant Shipping (Amendment) Act, 1995 (Act No. II of 1995",
"11 Chapter 7 was substituted for previous Chapters 7 and 8 by section 2 of the Bangladesh Merchant Shipping (Amendment) Act, 1988 (Act No. III of 1988).",
"12 The words “five years” were substituted for the words “two years” by section 4 of the Bangladesh Merchant Shipping (Amendment) Act, 2004 (Act No. VIII of 2004).",
"13 The words “ten lakh taka” were substituted for the words “ten thousand taka” by section 4 of the Bangladesh Merchant Shipping (Amendment) Act, 2004 (Act No. VIII of 2004).",
"14 The words “three years” were substituted for the words “one year” by section 4 of the Bangladesh Merchant Shipping (Amendment) Act, 2004 (Act No. VIII of 2004).",
"15 The words “fifty thousand taka” were substituted for the words “two thousand taka” by section 4 of the Bangladesh Merchant Shipping (Amendment) Act, 2004 (Act No. VIII of 2004).",
"16 Section 197A was inserted by section 5 of the Bangladesh Merchant Shipping (Amendment) Act, 2004 (Act No. VIII of 2004).",
"17 The words “or a foreign ship” were inserted by section 6 of the Bangladesh Merchant Shipping (Amendment) Act, 2004 (Act No. VIII of 2004).",
"18 The words “on Bangladeshi ships and Bangladeshi masters on foreign ships” were inserted by section 6 of the Bangladesh Merchant Shipping (Amendment) Act, 2004 (Act No. VIII of 2004).",
"19 The words “fifty thousand” were substituted for the words “five thousand” by section 6 of the Bangladesh Merchant Shipping (Amendment) Act, 2004 (Act No. VIII of 2004).",
"20 The words “to the shipping master who shall thereupon make and certify a copy of the entry prior to departure from the port” were substituted for the words “to the Bangladesh Consular Officer who shall thereupon make and certify a copy of the entry” by section 7 of the Bangladesh Merchant Shipping (Amendment) Act, 2004 (Act No. VIII of 2004",
"21 Sub-section (2) was substituted by section 7 of the Bangladesh Merchant Shipping (Amendment) Act, 2004 (Act No. VIII of 2004"
],
"name": "The Bangladesh Merchant Shipping Ordinance, 1983",
"num_of_sections": 516,
"published_date": "30th June, 1983",
"related_act": [
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642,
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261,
262,
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264,
138,
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266,
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531,
52,
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354
],
"repelled": false,
"sections": [
{
"act_id": 642,
"details": "1. (1) This Ordinance may be called the Bangladesh Merchant Shipping Ordinance, 1983. (2) This Chapter and Chapter 45 shall come into force at once and the other provisions shall come into force on such date as the Government may, by notification in the official Gazette, appoint; and different dates may be appointed for different provisions. (3) This Ordinance extends to the whole of Bangladesh. (4) This Ordinance applies to- (a)\tall Bangladesh ships wherever they may be, except inland ships as defined in the Inland Shipping Ordinance, 1976 (LXXII of 1976); (b)\tall ships deemed to be registered under this Ordinance wherever they may be; (c)\tall ships, not being Bangladesh ships, licensed under this Ordinance in coasting trade, while engaged in such trade; and (d)\tall other ships while in a port or place in, or within the territorial waters of Bangladesh, but does not apply to- (i)\tany ship of, or commissioned for service in, the Bangladesh Navy or, while employed otherwise than for profit in the service of Government, or (ii)\tany ship belonging to any foreign Prince or State, while employed otherwise than for profit in the service of such Prince or State.",
"name": "Short title, commencement, extent and application",
"related_acts": "642,531",
"section_id": 1
},
{
"act_id": 642,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (1) \t“apprentice” means a boy appointed for training to the sea service, whether called an apprentice or a cadet, or by any other name; (2)\t“Bangladesh Consular Officer” means a consul general, consul, vice-consul, pro consul or consular agent appointed by the Government as such and includes- (a)\tany person authorised by the Government to perform the functions of any of them; and (b)\ta Seamen's Welfare Officer performing the functions of a Bangladesh Consular Officer under Part IV; 1(3)\t“Bangladesh ship” means a ship belonging to a statutory corporation or a ship acquired and owned by a foreign national or company and leased out to the Government or a citizen of Bangladeshi or a Bangladesh company under such an agreement that the ownership of the ship shall be transferred after a specified period of time to the Government or such citizen or company in accordance with the terms of the agreement or a ship owned wholly by persons each of whom is- (a)\ta citizen of Bangladesh, or (b)\ta company which fulfils the following conditions, namely:- (i) \tthe principal place of business of the company is in Bangladesh, (ii) \tshares representing more than fifty per cent of the share capital of the company or shares carrying more than fifty per cent of the total voting power of the company are held by citizen of Bangladesh, (iii) \tthe majority of the directors of the company are citizens of Bangladesh, (iv) \teither the Chairman or the Managing Director of the Board of Directors of the company is a citizen of Bangladesh. (4) \t“coasting ship” means a ship not exceeding one thousand five hundred tons gross which is exclusively employed in trading coastwise within ports or places in Bangladesh or between ports or places in Bangladesh and India not beyond Calcutta, or Burma not beyond Akyab, or between Akyab and Calcutta; (5) \t“coasting trade” means the carriage by sea of passengers or goods between ports or places in Bangladesh or from any such port or place to a port or place in India not beyond Calcutta or to a port or place in Burma not beyond Akyab or between Akyab and Calcutta; (6) \t“coasts” includes the coasts of creeks and tidal waters; (7) \t“Collector of Customs” means a Collector of Customs appointed under the Customs Act, 1969 (IV of 1969), and includes any officer of customs authorised by him to perform any of his functions under this Ordinance; (8) “Collision Regulations” means the regulations made under section 368; (9) \t“company” has the same meaning as in section 2 of the Companies Act, 1913 (VII of 1913), and includes- (a)\ta body corporate constituted or established by or under any law for the time being in force; and (b)\tany partnership or association of persons, whether incorporated or not; (10)\t“country to which the Load Line Convention applies” means- (a)\ta country the Government of which has been declared or is deemed to have been declared under section 295 to have accepted the Load Line Convention and has not been likewise declared to have denounced that Convention; or (b)\ta territory to which the Load Line Convention has been declared as aforesaid to extend, not being a territory to which that Convention has been declared likewise to have ceased to extend; (11)\t“country to which the Safety Convention applies” means- (a)\ta country the Government of which has been declared under section 295 to have accepted the Safety Convention and has not been likewise declared to have denounced that Convention; or (b)\ta territory to which the Safety Convention has been declared as aforesaid to extend, not being a territory to which that Convention has been declared likewise to have ceased to extend; (12)\t“crew” includes seamen and apprentices; 2(12a)\t“desertion” means intentional or wilful forsaking and abandonment of ship by a seaman and particularly includes- (i)\tfailure to report to a ship by a seaman at the time of sailing from a port other than a port in his own country within the time he is required to do so by the master of the ship to which he is engaged; (ii)\tfailure to join a ship by a seaman at the time of sailing from a port in a foreign country before departure of the ship from that country where the seaman arrived by air or other means of transport for the purpose of joining that ship; (iii) failure to depart a foreign country by a seaman within the time he is required to do so by the appropriate authority of that country, after signing off from the ship to which he had been engaged, for the purpose of returning home or proceeding elsewhere as directed by his employer: Provided that when for any reason beyond his control, a seaman is subject to the circumstances as mentioned in paragraph (i), (ii) or (iii) above, will not be considered to have deserted, if he reports to the appropriate authority of the country or to local agent of the ship he had been engaged within 3 (three) days of his stipulated reporting time and voluntarily returns to his own country and reports to the shipping authority or joins the vessel as he is required by his employer. (13)\t“distressed seaman” means a seaman engaged under this Ordinance who, by reason of having been discharged or left behind from, or ship wrecked from any ship at any port or place outside Bangladesh, is in distress there; (14)\t“effects” includes cloths and documents; (15)\t“equipment”, in relation to a ship, includes boats, tackle, pumps, apparel, furniture, life saving appliances of every description, spares, masts, spars, rigging and sails, fog signals, lights, shapes and signals of distress, medicines and medical and surgical stores and appliances, charts, radio installations, appliances for preventing, detecting or extinguishing fires, buckets, compasses, axes, lanterns, loading and discharging gears, and appliances of all kinds, and all other stores or articles belonging to or to be used in connection with or necessary for the navigation and safety of the ship; (16) “fishing vessel” means a vessel, of whatever size and by whatever means propelled, which is exclusively engaged in sea fishing for profit; (17)\t“foreign going ship” means a ship employed in trading between any port or place in Bangladesh and any other port or place outside Bangladesh, but does not include a coasting ship or a home trade ship; (18)\t“freeboard” means, in relation to a decked vessel, the distance above the waterline measured vertically at the side of the vessel amid ships from the position of the upper edge of the uppermost continuous deck; (19)\t“gross”, in relation to tonnage of a vessel, means the gross tonnage of the vessel as registered under this Ordinance: Provided that where a vessel has been assigned alternative tonnages, “gross tonnage” shall mean the higher tonnage; (20)\t“home trade ship” means a ship not exceeding three thousand tons gross which is employed in trading between ports or places in Bangladesh and India not beyond Vishakkhapatnam or between ports and places in Bangladesh and Burma not beyond Moulmein; (21)\t“International Load Line Certificate” means a certificate purporting to have been issued in accordance with the Load Line Convention in respect of a ship, and is for the time being in force; (22)\t“Load Line Convention” means the International Convention respecting Load Lines, signed in London on the fifth day of April, 1966, and any Annex thereto as amended from time to time; (23)\t“Marine Board” means a Board convened under section 428; (24)\t“master”, in relation to a ship, includes any person having command or charge of the ship but does not include a pilot or harbour master; (25)\t“net”, in relation to tonnage of a vessel, means the net tonnage of the vessel as registered under this Ordinance: Provided that, where a vessel has been assigned alternative net tonnages, “net tonnage” shall mean the higher of those tonnages; (26)\t“owner” means,- (a)\tin relation to a registered ship, the person who is for the time being shown as owner in the Register Book maintained under this Ordinance; (b)\tin relation to any other ship, the person to whom the ship or a share in the ship belongs; and (c) \tin relation to a sailing vessel or a fishing vessel, the person to whom the vessel belongs; (27) “passenger” means any person carried on board a ship except- (a)\ta person employed or engaged in any capacity on board the ship on the business of the ship; or (b)\ta person on board the ship either in pursuance of the obligation laid upon the master to carry ship wrecked, distressed or other persons, or by reason of any circumstances which neither the master nor the charterer, if any, could have prevented or forestalled; or (c)\ta child under one year of age; (28) “passenger ship” means a ship carrying more than twelve passengers; (29) “pilgrim” means a person, not being a member of the crew or a child under one year of age, going to or returning from the Hedjaz for or after performing Hajj, and includes any such person who is returning without having actually landed at the Hedjaz; (30) “pilgrim ship” means a ship conveying or about to convey pilgrims from or to any port or place in Bangladesh to or from any port or place in the Red Sea or the Persian Gulf; (31) “port of registry”, in relation to a ship or a sailing vessel or a fishing vessel, means the port at which she is registered or is to be registered; (32) “power driven”, used in relation to a ship, means a ship propelled by electricity or other mechanical power; (33) “prescribed” means prescribed by rules made under this Ordinance; (34) “Principal Officer” means the person appointed as such under this Ordinance; (35) “proper return port”, in relation to a master, seaman, or apprentice discharged or left behind, means the port at which the master, seaman or apprentice was engaged or the port agreed to as such by the master, seaman or apprentice, as the case may be; (36) “Radio Inspector” means a person appointed as such under section 7; (37)\t“radio installation” means radio telegraph or radio telephone equipment, direction finders, or other radio equipment required to be installed in ships in compliance with the requirements of Part VI or the rules made under section 308; (38) “radio service” means hours of watch, transmission of messages, observance of silence periods, maintenance of radio log and everything necessary to be done for the proper operation of the radio installation, and includes any operator or watcher required to be carried on board in accordance with the rules made under section 308; (39) “Registrar” means the person referred to as a Registrar of Bangladesh Ships in section 17, and includes a Deputy Registrar or an Assistant Registrar appointed as such under that section; (40) “Safety Convention” means the International Convention for the Safety of Life at Sea, signed in London on the first day of November, 1974; (41) “Safety Convention Certificates” means all or any of the certificates issued under Part VI, namely, the Passenger Ship Safety Certificate, the Qualified Passenger Ship Safety Certificate, the Cargo Ship Safety Construction Certificate, the Qualified Cargo Ship Safety Construction Certificate, the Cargo Ship Safety Equipment Certificate, the Cargo Ship Safety Radio telegraphy Certificate, the Qualified Cargo Ship Safety Radio telegraphy Certificate, the Cargo Ship Safety Radio telephony Certificate, or the Exemption Certificate; (42) \t“sailing vessel” means any description of vessel- (a)\twhich is fitted exclusively with sails, or (b)\twhich is provided with sufficient sail area for navigation under sails alone and, if fitted with mechanical means of propulsion, such means are meant for auxiliary purposes only, and includes a rowing boat or canoe, but does not include a pleasure craft; (43)\t“salvage” includes all expenses properly incurred by the salver in the performance of salvage service; (44)\t“sea going”, in relation to a vessel, means a vessel proceeding to sea beyond such limits as may be specified by the Government by notification in the official Gazette; (45)\t“seaman” means a person employed or engaged for service in any capacity on board any ship, but does not include a master, pilot or apprentice; (46)\t“second hand”, in relation to a fishing vessel, means the person next in authority to the skipper of the vessel; (47) “ship” includes every description of vessel used in navigation not propelled by oars, but does not include a sailing vessel; (48)\t“Shipping Authority” means the Director General of Shipping or any other officer authorised by the Government, by notification in the official Gazette, to perform the functions of the Shipping Authority under this Ordinance; (49)\t“Shipping Master” means a person appointed as such under section 8 and includes a Deputy Shipping Master and an Assistant Shipping Master appointed under that section; (50) “skipper” means the person in command or charge of a fishing vessel or a sailing vessel; (51) “special trade” means the conveyance of special trade passengers by sea on international voyages within the area specified below: -\ton the south bounded by the parallel of latitude 200S from the east coast of Africa to the west coast of Madagascar, thence the west and north coasts of Madagascar to longitude 500E, thence the meridian of longitude 500E to latitude 100S, thence the rhumb line to the point latitude 30S, longitude 750F, thence the rhumb line to the point latitude 110S to longitude 141003┬┤E; -\ton the east bounded by the meridian of longitude 141003┬┤E, from latitude 110S to the south coast of New Guinea, thence the south, west and north coasts of New Guinea to the point longitude 141003┬┤E, thence the rhumb line from the north coast of New Guinea at the point 141003┬┤E to the point latitude 100N, at the north east coast of Mindanao, thence the west coasts of the Islands of Leyte, Samar and Luzon to the Port of Sual (Luzon Island), thence the rhumb line from the Port of Sual to Hong Kong; on the north bounded by the south coast of Asia from Hong Kong to Suez; on the west bounded by the east coast of Africa from Suez to the point latitude 200S. (52) “special trade passenger” means a passenger carried in special trades in spaces on the weather deck, upper deck or between decks which accommodate more than 8 passengers; (53) “special trade passenger ship” means a mechanically propelled passenger ship which carries more than 30 special trade passengers; (54) “Surveyor” means a person appointed as such under section 6 and includes any other person authorised to perform the function of a Surveyor under this Ordinance; (55) “tidal water” means any part of the sea and any part of a river within the ebb and flow of the tide at ordinary spring tides, but does not include a harbour; (56) “upper deck”, in ships with side openings, means the deck below the weather deck; (57) “valid Safety Convention Certificate” means a certificate purporting to have been issued in accordance with the Safety Convention in respect of a ship which is for the time being in force; (58) “vessel” includes a ship, boat, sailing vessel, fishing vessel and every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water; (59) \t“voyage”, in relation to a ship, means the whole distance between the ship's port or place of departure and her final port or place of arrival; (60) \t“wages” includes emoluments; (61)\t“weather deck” means the uppermost continuous deck fully or partially exposed to weather which may be wholly or partially used by passengers; (62)\t“wreck” includes the following when found in the sea or in tidal water or on the shores thereof, namely:- (a) \tgoods which have been cast into the sea and then sink and remain under water, (b)\tgoods which have been cast or fall into the sea and remain floating on the surface, (c)\tgoods which are sunk in the sea, but are attached to a floating object in order that they may be found again, (d)\tgoods which are thrown away or abandoned, and (e)\ta vessel abandoned without hope or intention of recovery; and (63) \t“young person” means a person under eighteen years of age. (64)\t“Marine Court” means a Court constituted under sub-section (1) of section 47 of Inland Shipping Ordinance 1976.",
"name": "Definitions",
"related_acts": "354",
"section_id": 2
},
{
"act_id": 642,
"details": "3. (1) The Government may, by notification in the official Gazette, alter the percentage of the share capital or of the voting power referred to in paragraph (ii) of sub clause (b) of clause (3) of section 2 from such date, not being earlier than the date of the notification, as may be specified therein. (2) A notification under sub section (1) shall not apply to a ship which is registered or deemed to be registered under this Ordinance, or for the registration of which application has been made, before the date specified in the notification; nor shall the notification be construed as affecting any right, privilege, obligation or liability acquired, accrued or incurred before such date.",
"name": "Power to alter conditions relating to ownership of Bangladesh Ship",
"related_acts": "",
"section_id": 3
},
{
"act_id": 642,
"details": "4. (1) The Government may, for efficient administration of this Ordinance, establish a Department of Shipping which shall be headed by a Director General of Shipping. (2) Save as otherwise expressly provided in this Ordinance, the Principal Officers, the Deputy Principal Officers, Surveyors and other Officers appointed to perform any functions under this Ordinance, not being functions of judicial nature, shall, in the performance of their functions, be subject to the general supervision, direction and control of the Director General of Shipping. (3) The Government may, by notification in the official Gazette, direct that the powers exercisable by it under any of the provisions of this Ordinance specified in the notification shall, subject to such conditions, if any, as may be so specified, be exercisable also by the Director General of Shipping. (4) The Director General of Shipping may, by general or special order, direct that any of the powers and functions which he is empowered or authorised to exercise and perform under this Ordinance shall, subject to such conditions, if any, as he may deem fit to impose, be exercised and performed also by such officer or authority as may be specified in the order: Provided that no such order shall be made without the previous approval of the Government if it relates to any of the powers of the Government which the Director General of Shipping has been authorised to exercise under sub-section (3).",
"name": "Department of Shipping",
"related_acts": "",
"section_id": 4
},
{
"act_id": 642,
"details": "5. (1) The Government shall establish and maintain the Principal Mercantile Marine Office at the port of Chittagong and may establish and maintain a branch office of that office at any other port in Bangladesh as it may consider necessary for carrying out the purposes of this Ordinance. (2) The Principal Mercantile Marine Office at the port of Chittagong shall be in the charge of a Principal Officer appointed by the Government and a branch office of that office at any other port shall be in the charge of a Deputy Principal Officer; and the Deputy Principal Officer may perform the functions of a Principal Officer under this Ordinance. (3) A Principal Officer appointed under sub section (2) or an officer performing the functions of a Principal Officer may, without prejudice to his functions as such, perform all or any of the functions of a Surveyor under this Ordinance.",
"name": "Mercantile Marine Office",
"related_acts": "",
"section_id": 5
},
{
"act_id": 642,
"details": "6. (1) The Government may, by notification in the official Gazette, appoint for the Principal Mercantile Marine Office and each of its branch offices as many persons as it may consider necessary to be Surveyors for the purposes of this Ordinance; and such Surveyors may be nautical Surveyors, ship Surveyors, an engineer and ship Surveyors. (2) Where for the Principal Mercantile Marine Office or any of its branch offices no Surveyor has been appointed under sub section (1), the Government may authorise any person whom it considers qualified for the purpose to perform the functions of a Surveyor; and a person so authorised may perform all or any functions of a Surveyor under this Ordinance.",
"name": "Surveyors",
"related_acts": "",
"section_id": 6
},
{
"act_id": 642,
"details": "7. The Government may appoint as many Radio Inspectors as it considers necessary so as to ensure that the requirements of this Ordinance and of the rules and regulations made thereunder relating to radio installation and radio service including radio-telegraph, radio-telephone and direction-finders, are complied with on board any ship.",
"name": "Radio Inspectors",
"related_acts": "",
"section_id": 7
},
{
"act_id": 642,
"details": "8. (1) The Government shall maintain a Shipping Office at every port in Bangladesh where there was a Shipping Office immediately before the commencement of this Ordinance and may establish and maintain such office at any other port in Bangladesh. (2) For every Shipping Office, the Government shall appoint a Shipping Master and may appoint such Deputy Shipping Masters and Assistant Shipping Masters as it may consider necessary. (3) A Shipping Master, a Deputy Shipping Master and an Assistant Shipping Master shall, in the performance of their functions, be subject to the general supervision and control of the Government or of such other authority as the Government may, by general or special order, direct.",
"name": "Shipping Offices",
"related_acts": "",
"section_id": 8
},
{
"act_id": 642,
"details": "9. (1) Where, at any port, there is no Shipping Office, the whole or any part of the business of a Shipping Office shall be conducted at such office and be committed to such officer at that office as the Government may direct; and thereupon such business shall be conducted accordingly. (2) For the purposes of this Ordinance, an office at which the business of a Shipping Office is conducted under sub-section (1) shall be deemed to be a Shipping Office and the officer to whom such business is committed under that sub-section shall be deemed to be a Shipping Master. (3) All acts done by or before a Deputy Shipping Master or an Assistant Shipping Master shall have the same effect as if done by or before a Shipping Master for the purposes of this Ordinance.",
"name": "Conduct of business of Shipping office at other Office",
"related_acts": "",
"section_id": 9
},
{
"act_id": 642,
"details": "10. The functions of a Shipping Master shall be- (a)\tto supervise and afford facilities for the engagement and discharge of seamen in the manner provided in this Ordinance and the rules and regulations made thereunder; (b)\tto provide means for securing the presence on board at the proper time of the seamen who are so engaged; (c)\tto facilitate the making of apprenticeships to sea services; (d)\tto perform such other functions relating to seamen, apprentices and ships as are, by or under this Ordinance or by general or special order of the Government, assigned to a Shipping Master.",
"name": "Functions of a Shipping Master",
"related_acts": "",
"section_id": 10
},
{
"act_id": 642,
"details": "11. (1) In respect of all engagements and discharge of seamen, the owner or Master of a ship so engaging or discharging shall pay to the Shipping Master such fees as the Government may, by notification in the official Gazette, fix; and the Shipping Master may decline to act in any case until such fee has been paid. (2) A copy of the scale of fees for the time being payable under sub-section (1) shall be affixed at some conspicuous place in the Shipping Office.",
"name": "Fees for engagement or discharge of seamen",
"related_acts": "",
"section_id": 11
},
{
"act_id": 642,
"details": "12. (1) The Government may, by notification in the official Gazette, constitute an advisory Board to be called the Seamen's Welfare Board, hereinafter referred to as the Board, for the purpose of advising the Government on the measures to be taken for promoting the welfare of seamen, whether ashore or on board ship, generally and in particular the following:- (a) \tthe provision for Seamen's Provident Fund; (b)\tthe establishment of hostels or boarding and lodging houses for seamen; (c)\tthe establishment of clubs, canteens, libraries and other like amenities for the benefit of seamen; (d) \tthe establishment of hospitals for seamen or the provision of medical treatment for seamen; (e) \tthe provision of educational and other facilities for seamen. (2) The Government may appoint Seamen's Welfare Officers at such ports or places in or outside Bangladesh as it may consider necessary. (3) A Seamen's Welfare Officer appointed under sub-section (2) shall, under the general supervision and control of the Government or of such other authority as the Government may, by general or special order, direct, perform- (a)\tat any port or place in Bangladesh, such functions in relation to welfare of seamen as may be assigned to him by the Government; and (b)\tat ports or places, outside Bangladesh such function of a Bangladesh Consular Officer under Part IV as may be so assigned. (4) The Government may make rules providing for- (a)\testablishment of Seamen's Provident Fund; (b)\tthe composition of the Board and the term of office of members thereof; (c)\tthe procedure to be followed in the conduct of business by the Board; (d)\tthe travelling and other allowances payable to members of the Board; (e)\tthe levy of fees payable by owners of ships at such rates as may be prescribed (which may be at different rates for different classes of ships) for the purpose of providing amenities to seamen and for taking other measures for the welfare of seamen; and (f) the procedure by which any such fee may be collected or recovered and the manner in which the proceeds of such fee, after deduction of the cost of collection, shall be utilised for the purpose specified in clause (e).",
"name": "Seamen’s Welfare Officer",
"related_acts": "",
"section_id": 12
},
{
"act_id": 642,
"details": "13. This Chapter shall apply to all sea going Bangladesh ships exceeding fifteen tons net and fitted with mechanical means of propulsion, but shall not apply to ships registered under any law for the time being in force for the registration of inland ships plying on inland water",
"name": "Application",
"related_acts": "",
"section_id": 13
},
{
"act_id": 642,
"details": "14. (1) Every Bangladesh ship to which this Ordinance applies shall have to be registered under this Ordinance. (2) A ship required to be registered under sub section (1)- (a)\tshall not be recognised as a Bangladesh ship until she is so registered, and (b)\tmay be detained until the master, if so required, produces a Certificate of Registry in respect of the ship. (3) A ship registered at any time before the commencement of this Ordinance at any port in Bangladesh under any law for the time being in force shall, for a period of six months from such commencement or for such further period as may be specified in this behalf by the Government, be deemed to be registered under this Ordinance and be recognised as a Bangladesh ship and, if she is not registered under this Ordinance within such period, shall be liable to be forfeited to the Government. (4) For the purpose of registration under this Ordinance of a ship referred to in sub section (3) within the period specified therein, the provisions of this Ordinance shall have effect as if sections 19, 21 and 22 were omitted.",
"name": "Registration",
"related_acts": "",
"section_id": 14
},
{
"act_id": 642,
"details": "15. (1) The port of Chittagong, and such other ports in Bangladesh as the Government may, by notification in the official Gazette, specify in this behalf, shall be the ports of registry at which Bangladesh ships may be registered under this Ordinance. (2) The port of registry at which a Bangladesh ship is registered for the time being shall be deemed her port of registry and the port to which she belongs.",
"name": "Ports of registry",
"related_acts": "",
"section_id": 15
},
{
"act_id": 642,
"details": "16. (1) The Director General of Shipping shall be the Registrar General of Bangladesh ships. (2) At the port of Chittagong, the Principal Officer shall be the Registrar of Bangladesh ships and at any other port, such authority as the Government may, by notification in the official Gazette, appoint, shall be such Registrar. (3) The Government may, by notification in the official Gazette, appoint as many Deputy Registrars or Assistant Registrars of Bangladesh ships at a port of registry as it may consider necessary.",
"name": "Registrar General",
"related_acts": "",
"section_id": 16
},
{
"act_id": 642,
"details": "17. (1) For the registration of ships, every Registrar of Bangladesh Ships shall keep a book to be called the Register Book. (2) The registration of a ship shall be subject to the following provisions relating to property in a ship and entries in a Register Book shall be made accordingly:- 3* * * (b)\tsubject to the provisions of this Ordinance with respect to joint owners or owners by transmission, not more than ten persons shall be entitled to be registered at the same time as owners of any one ship; but this clause shall not affect the beneficial interest of any number of persons represented by or claiming under or through any registered owner or joint owner; (c)\ta person shall not be entitled to be registered as the owner of a fractional part of a share in a ship but the number of persons not exceeding four may be registered as the joint owners of a ship or of any share or shares therein; (d)\tjoint owners shall be considered as constituting one person and shall not be entitled to dispose of in severally any interest in a ship or any share therein in respect of which they are registered; (e)\ta company may be registered as the owner by its corporate name.",
"name": "Register Book",
"related_acts": "",
"section_id": 17
},
{
"act_id": 642,
"details": "18. (1) An application for the registration of a Bangladesh ship shall be made by the owner thereof, or, if there be more owners than one, by some one or more of them or by one or more agents appointed for the purpose. (2) The appointment of an agent under sub section (1) shall be in writing, if made by an individual, under his hand and, if made by a company, under its common seal.",
"name": "Application for registration",
"related_acts": "",
"section_id": 18
},
{
"act_id": 642,
"details": "19. (1) Every ship in respect of which an application for registration is made, shall, at the expense of the owner, be surveyed by a Surveyor or by any Surveyor of a Classification Society duly authorised by the Government and the tonnage of the ship ascertained in the prescribed manner. (2) The Surveyor or the Classification Society so authorised shall grant to the owner a certificate in the prescribed form specifying the ship's tonnage and build and such other particulars descriptive of the identity of the ship as may be prescribed; and the owner shall deliver the certificate to the Registrar before registration.",
"name": "Survey and measurement of ships before registration",
"related_acts": "",
"section_id": 19
},
{
"act_id": 642,
"details": "20. (1) Every ship in respect of which an application for registration is made, shall, before registration, be marked in the prescribed manner permanently and conspicuously and to the satisfaction of the Registrar. (2) The marks required by this section shall be permanently continued and shall not be altered except in the event of any of the particulars thereby denoted being altered in the manner provided by this Ordinance, except to evade capture by the enemy or by a foreign ship of war in the exercise of some belligerent right. (3) If an owner or master of a Bangladesh ship neglects to cause his ship to be marked as required by this section, or to keep her so marked, or if any person conceals, removes, alters, defaces, or obliterates, or suffers any person under his control to conceal, remove, alter, deface, or obliterate any of the said marks, except in the event mentioned in sub section (2), he shall, for each offence, be punishable with fine which may extend to twenty thousand Taka; and on a certificate from a Surveyor that a ship is insufficiently or inaccurately marked, the ship may be detained until the insufficiency or inaccuracy has been remedied.",
"name": "Marking of ship",
"related_acts": "",
"section_id": 20
},
{
"act_id": 642,
"details": "21. (1) Subject to the other provisions of this Ordinance, a person shall not be registered as the owner of a Bangladesh ship or of a share therein unless he or, in the case of a company, the person authorised in this behalf, has made and signed declaration of ownership in the prescribed form referring to the ship as described in the certificate of the Surveyor and containing the following particulars, namely:- (a)\ta statement that the requirements as to ownership specified in clause (26) of section 2 are satisfied; (b)\ta statement of the time when and the place where the ship was built or, if the ship was built outside Bangladesh and the time and place of building are not known, or the builder's certificate cannot be procured, a statement to that effect; and in addition thereto, in the case of a ship previously registered outside Bangladesh, a statement of the name by which she was so registered, or, in the case of a ship condemned, a statement of the time, place and Court at and by which she was condemned; 4* * * (d)\tthe name of her master and his citizenship; (e)\tthe number of shares in the ship in respect of which he or the company, as the case may be, claims to be registered as owner; and (f)\ta declaration that the particulars stated are true to the best of his knowledge and belief. (2) In respect of a ship or share owned by more than one person, a declaration under sub section (1) may be made by any one of them authorised by them in this behalf.",
"name": "Declaration of ownership on registration",
"related_acts": "",
"section_id": 21
},
{
"act_id": 642,
"details": "22. (1) For the purpose of registration of a Bangladesh ship, the following evidence shall be produced by the applicant in addition to the declaration of ownership made under section 21, namely:- (a)\tin the case of a ship built in Bangladesh, the builder's certificate, that is to say, a certificate signed by the builder of the ship and containing a true account of the proper denomination and the tonnage of the ship as estimated by him and the time when and the place where she was built, and the name of the person, if any, on whose account the ship was built, and, if there has been any sale, the instrument of sale under which the ship or a share therein has become vested in the applicant; (b)\tin the case of a ship built outside Bangladesh, the same evidence as in the case of a ship built in Bangladesh, or where the person making the declaration of ownership declares that the time and place of building are not known to him, or the builder's certificate cannot be procured, only the instrument of sale under which the ship or a share therein has become vested in the applicant; and 5* * * (2) If the person granting a builder's certificate produced under sub section (1) makes a false statement therein, he, and in the case of a certificate granted outside Bangladesh, his agent or representative in Bangladesh, shall be punishable with fine which may extend to twenty thousand Taka.",
"name": "Evidence on first registration",
"related_acts": "",
"section_id": 22
},
{
"act_id": 642,
"details": "23. (1) As soon as the provisions of sections 21 and 22 have been complied with in respect of a Bangladesh ship, the Registrar shall register the ship by making entry of the following particulars in the Register Book, namely:- (a)\tthe name of the ship and the name of the port to which she belongs; (b)\tthe details contained in the Surveyor's certificate delivered under section 19; (c)\tthe particulars respecting her origin stated in the declaration of ownership made under section 21; and (d)\tthe name and description of her owner or owners, and, if there are more owners than one, the number of shares owned by each of them. (2) The Registrar may refuse to register a Bangladesh ship by the name by which she is proposed to be registered if that name is already borne by another ship, or if the name be so similar thereto as is calculated or likely to deceive, or is otherwise undesirable.",
"name": "Registration of ships",
"related_acts": "",
"section_id": 23
},
{
"act_id": 642,
"details": "24. On the registration of a ship, the Registrar shall retain in his custody the following documents, namely:- (a)\tThe Surveyor's certificate delivered under section 19; (b)\tall declarations of ownership made under section 21; (c)\tthe builder's certificate produced under section 22; (d)\tany instrument of sale by which the ship was previously sold; and (e)\tcertified copy of the condemnation, if any.",
"name": "Documents to be retained by Registry",
"related_acts": "",
"section_id": 24
},
{
"act_id": 642,
"details": "25. (1) Where it appears to the Government that there is any doubt as to the title of any ship to be registered as a Bangladesh ship, it may direct the Registrar of her port of registry to require, by giving not less than thirty days' notice to the persons concerned, or such longer notice as the Government may fix, evidence to his satisfaction that the ship is entitled to be registered as a Bangladesh ship. (2) If within the period referred to in sub section (1), evidence to the satisfaction of the Registrar that the ship is entitled to be registered as a Bangladesh ship is not given, the ship shall be liable to be forfeited to the Government.",
"name": "Power of Government to inquire into title of ship to be registered as Bangladesh ship",
"related_acts": "",
"section_id": 25
},
{
"act_id": 642,
"details": "26. (1) On completion of the registration of a Bangladesh ship, the Registrar shall grant a Certificate of Registry in the prescribed form containing the particulars respecting the ship as entered in the Register Book and the name of her master. (2) Every Registrar shall every year, not later than the 15th day of January and the 15th day of July, submit to the Registrar General a report in such form as the Government may direct, stating therein the particulars of all registries, cancellation of registry, transfers and any other relevant information in respect of the merchant ships registered by him during the six months preceding the month in which the report is required to be submitted.",
"name": "Grant of certificate of registry",
"related_acts": "",
"section_id": 26
},
{
"act_id": 642,
"details": "27. (1) The Certificate of Registry shall be used only for the lawful navigation of the ship, and it shall not be subject to detention by reason of any title, lien, charge or interest whatever had or claimed by any owner, mortgagee, or other person to, on or in the ship. (2) Every person, whether interested in the ship or not, who has in his possession or under his control the Certificate of Registry of a ship, shall deliver the Certificate on demand to the person entitled to the custody thereof for the purposes of the lawful navigation of the ship, or to any Registrar, Collector of Customs or other person entitled by law to require such delivery. (3) Any person refusing or failing to deliver a Certificate as required by sub section (2), may, by order, be summoned by any Magistrate of the first class to appear before him and to be examined touching such refusal or failure, and, unless it is proved to the satisfaction of such Magistrate that there was reasonable cause for such refusal or failure, such person shall be punishable with fine which may extend to twenty thousand Taka. (4) If the person refusing or failing to deliver the Certificate as required by sub section (2) is proved to have absconded so that the order of such Magistrate cannot be served on him, or if he persists in not delivering the Certificate, the Magistrate shall certify the fact, and the same proceedings may then be taken as in the case of a certificate mislaid, lost or destroyed or as near thereto as circumstances permit. (5) If the master or owner uses or attempts to use for navigation a Certificate of Registry not lawfully granted in respect of a ship, he shall be punishable with fine which may extend to fifty thousand Taka, and the ship shall be liable to be forfeited to the Government.",
"name": "Custody and use of Certificate",
"related_acts": "",
"section_id": 27
},
{
"act_id": 642,
"details": "28. (1) In the event of the Certificate of Registry of a ship being defaced or mutilated, the Registrar of her port of registry may, on delivery to him of that certificate, grant a new Certificate in lieu of her original Certificate. (2) In the event of the Certificate of Registry of a ship being mislaid, lost or destroyed, or of the person entitled thereto being unable to obtain it from the custody of any other person, the Registrar of her port of registry shall grant a new Certificate in lieu of her original Certificate. (3) If the port at which the ship happens to be at the time of the event referred to in sub section (2), or if the port at which she first arrives after such event is situated outside Bangladesh, the master or some other person having knowledge of the facts of the case shall make a declaration to the nearest available Bangladesh Consular Officer stating such facts and the names and descriptions of the registered owners of such ship to the best of the declarant's knowledge and belief, and such Consular Officer shall thereupon grant a provisional certificate containing a statement of the circumstances under which it is granted. (4) The provisional certificate shall, within ten days after the first subsequent arrival of the ship at her port of registry, be delivered by the master to the Registrar, and the Registrar shall thereupon grant a new Certificate of Registry. (5) If the Certificate of Registry stated to have been mislaid, lost or destroyed shall at any time afterwards be found, or if the person entitled to the Certificate obtains it at any time afterwards, the said Certificate shall forthwith be delivered to the Registrar of her port of registry, who shall cancel the same. (6) If a master without reasonable cause fails to comply with the provisions of sub section (4), he shall be punishable with fine which may extend to ten thousand Taka. (7) If a person makes illegal use of a Certificate of Registry stated to have been mislaid, lost or destroyed, or if a person entitled to a Certificate of Registry obtains it at any time afterwards but fails to deliver the same to the Registrar as required by sub section (5), he shall be punishable with fine which may extend to thirty thousand Taka.",
"name": "Power to grant new Certificate when original Certificate is defaced, lost, etc.",
"related_acts": "",
"section_id": 28
},
{
"act_id": 642,
"details": "29. (1) Whenever there is a change of the master of a Bangladesh ship, a memorandum of the change shall be endorsed and signed on the Certificate of Registry,- (i)\twhere it occurs at a port in Bangladesh, by the Registrar at such port or any other officer authorised in this behalf by the Government by notification in the official Gazette, and (ii)\twhere it occurs at a port outside Bangladesh, by the Bangladesh Consular Officer at that port. (2) The Collector of Customs at any port in Bangladesh may refuse to permit any person to do there any act as the master of a Bangladesh ship unless his name is inserted in or endorsed on her Certificate of Registry as her last appointed master.",
"name": "Endorsement of change of master on Certificate of Registry",
"related_acts": "",
"section_id": 29
},
{
"act_id": 642,
"details": "30. (1) Whenever a change occurs in the registered ownership of a Bangladesh ship, the change shall be endorsed on her Certificate of Registry either by the Registrar of the ship's port of registry, or by the Registrar of any port at which the ship arrives if he has been advised of the change by the former. (2) For the purpose of a change in the registered ownership of a Bangladesh ship being endorsed under sub section (1) by the Registrar of her port of registry, the master of ship shall deliver the Certificate of Registry to the Registrar, if the change occurs when the ship is at her port of registry, forthwith after the change, and, if it occurs during her absence from that port and the endorsement is not made before her return, upon her first return thereto. (3) The Registrar of any port, not being the port of registry of the ship in respect of which he is required to make an endorsement under sub section (1), may, for that purpose, require the master of the ship to deliver to him her Certificate of Registry, and the master shall deliver the same accordingly. (4) If the master of a ship fails to deliver to the Registrar the Certificate of Registry as required by sub section (2) or sub section (3), he shall be punishable with fine which may extend to fifty thousand Taka.",
"name": "Endorsement on Certificate of change of ownership",
"related_acts": "",
"section_id": 30
},
{
"act_id": 642,
"details": "31. (1) In the event of a Bangladesh ship being either actually or constructively lost, taken by the enemy, burnt or broken up, or ceasing for any reason to be such ship, the owner, or if there are more owners than one, everyone of them, shall immediately on obtaining knowledge of the event, if no notice thereof has already been given to the Registrar at her port of registry, give notice thereof to the Registrar who shall make an entry to that effect in the Register Book, and the entries in that Book relating to the ship shall be considered as closed except so far as they relate to any unsatisfied mortgage entered therein. (2) On the occurrence of any such event as is referred to in sub section (1), the master of the ship shall, unless her Certificate of Registry is mislaid, lost or destroyed, deliver the same- (a)\tto the Registrar, or to any other officer authorised in this behalf by the Government, by notification in the official Gazette,- (i)\tif the event occurs in any port in Bangladesh, immediately on the occurrence of the event; (ii)\tif it occurs elsewhere and the master arrives in any port in Bangladesh, within ten days of his arrival, or (b)\tto the Bangladesh Consular Officer, if the event occurs elsewhere and the master arrives in a port outside Bangladesh, soon after his arrival in such port. (3) The Registrar, if he is not himself the Registrar of the ship's port of registry, or the officer authorised under sub section (2), or the Bangladesh Consular Officer, as the case may be, shall, as soon as may be after the Certificate has been delivered to him, forward the same to the Registrar of the ship's port of registry. (4) If an owner or a master fails to comply with any of the provisions of sub-section (1) or sub section (2), as the case may be, he shall be punishable with fine which may extend to twenty thousand Taka.",
"name": "Delivery of Certificate of ship lost or ceasing to be a Bangladesh ship",
"related_acts": "",
"section_id": 31
},
{
"act_id": 642,
"details": "32. (1) If at any port outside Bangladesh a ship becomes entitled to be registered as a Bangladesh ship, the Bangladesh Consular Officer may, upon receipt of specific instructions from the Registrar General, grant to the master of the ship a provisional Certificate of Registry in such form as may be prescribed by the Government and shall forthwith forward a copy thereof to the Registrar General. (2) A provisional Certificate granted under sub section (1) shall have the effect of a Certificate of Registry until the expiration of six months from its date, or until the arrival of the ship at a port where there is a Registrar, whichever first happens.",
"name": "Provisional Certificate for ships becoming Bangladesh ships abroad",
"related_acts": "",
"section_id": 32
},
{
"act_id": 642,
"details": "33. Where it appears to the Government that by reason of special circumstances it is desirable that permission should be granted to any Bangladesh ship to pass from one port in Bangladesh to another such port without being previously registered, the Government may authorise the Registrar of the first mentioned port to grant a pass in such form as may be prescribed, and that pass shall, for the time and within the limits therein mentioned, have the same effect as a Certificate of Registry.",
"name": "Temporary pass in lieu of Certificate of Registry",
"related_acts": "",
"section_id": 33
},
{
"act_id": 642,
"details": "634. (1) No Bangladesh ship shall, except with prior permission in writing from the Director-General of shipping, be converted, modified or altered in such manner so as to change the character of the ship. (2) Whoever contravenes or attempts to contravene the provisions of sub-section (1) shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to taka ten lakh, or with both.",
"name": "Restriction on conversion of ship",
"related_acts": "",
"section_id": 34
},
{
"act_id": 642,
"details": "35. (1) The registry of a Bangladesh ship may be transferred from one port of registry in Bangladesh to another on an application in writing being made by all persons appearing in the Register Book to be interested therein as owners or mortgagees to the Registrar of her existing port of registry. (2) On receipt of an application under sub section (1) in respect of a ship, the Registrar shall transmit a notice thereof to the Registrar of the intended port of registry with a copy of all particulars relating to the ship and names of all persons appearing in the Register Book to be interested therein as owners or mortgagees, and also give notice of such transmission to the applicant. (3) The Certificate of Registry of a ship in respect of which an application under sub section (1) has been made, shall be delivered to the Registrar either of the existing port of registry or to the Registrar of the intended port of registry, and, if delivered to the former, shall be transmitted to the latter. (4) On receipt of the documents transmitted under sub section (2), the Registrar of the intended port of registry shall enter in his Register Book all the particulars and names transmitted as aforesaid, and grant a fresh Certificate of Registry, and thereupon the port at which the fresh Certificate of Registry is granted at the ship's port of registry and the name of that port shall be substituted on the ship's stern for the name of her former port of registry. (5) The Registrar granting a fresh Certificate of Registry under sub section (4) shall give notice thereof, and forward the Certificate of Registry granted at the ship's former port of registry, to the Registrar of such port who shall make the necessary entry in his Register Book. (6) The transfer under this section of the registry of a ship from one port in Bangladesh to another shall not affect in anyway the rights of any of the persons interested therein as owners or mortgagees. (7) The registry of a Bangladesh ship shall not be transferred to any port outside Bangladesh except with the previous permission in writing of the Government, and no action shall be taken by the Registrar on any application for such transfer unless it is accompanied by such permission.",
"name": "Transfer of registry of Bangladesh ships.",
"related_acts": "",
"section_id": 35
},
{
"act_id": 642,
"details": "36. (1) A Bangladesh ship or a share therein shall not be transferred except by an instrument executed by the transferor, the execution being in the presence of, and attested by, at least two witnesses. (2) An instrument of transfer shall be in the prescribed form or in a form as near thereto as circumstances permit and shall contain the description of the ship as contained in the Surveyor's certificate or some other description sufficient to identify the ship to the satisfaction of the Registrar. (3) An instrument of transfer when duly executed shall be produced to the Registrar of the ship's port of registry, and the Registrar, if he is satisfied that the description therein is sufficient to identify the ship, shall enter in the Registry Book the name of the transferee as owner of the ship or share, as the case may be, and shall endorse on the instrument the fact of that entry having been made with the day and hour thereof. (4) Every entry of transfer under this section shall be made in the Register Book in the order in which the instrument of transfer is produced to the Registrar.",
"name": "Mode of transfer of ships, etc.",
"related_acts": "",
"section_id": 36
},
{
"act_id": 642,
"details": "37. (1) Where the property in a Bangladesh ship or a share therein is transmitted to a person on the death or insolvency of any owner thereof, or by any lawful means other than by a transfer under this Ordinance, that person shall authenticate the transmission by making and signing a Declaration of Transmission in the prescribed form. (2) A Declaration of Transmission shall be submitted to the Registrar of the ship's port of registry accompanied,- (a)\tif the transmission is in consequence of death, by a succession certificate, probate or letters of administration under the Succession Act, 1925 (XXXIX of 1925), or a certified copy thereof, and (b)\tif the transmission is in consequence of insolvency, by proper proof of such transmission. (3) On receipt of the Declaration of Transmission submitted under sub-section (2), the Registrar shall enter in the Register Book the name of the person entitled under the transmission as owner of the ship or share in the property which has been transmitted, and, where there are more persons than one, shall enter the names of all those persons, but all such persons shall, for the purposes of the provisions of this Ordinance with respect to the number of persons claiming to be registered as owners, be considered as one person: Provided that nothing in this sub section shall require the Registrar to make an entry in the Register Book under this section if he is of the opinion that by reason of the transmission the ship has ceased to be a Bangladesh ship.",
"name": "Transmission of property in Bangladesh ship on death, insolvency, etc.",
"related_acts": "138",
"section_id": 37
},
{
"act_id": 642,
"details": "38. (1) Where by reason of the transmission of any property in a ship or a share therein on death, insolvency or otherwise, a ship ceases to be a Bangladesh ship, the Registrar of her port of registry shall submit a report to the Government setting out the circumstances in which the ship has ceased to be a Bangladesh ship. (2) On receipt of a report under sub section (1), the Government may make an application to the High Court Division for a direction for the sale to any citizen of Bangladesh, or to any company which fulfils the conditions set out in sub clause (b) of clause (3) of section 2, of the property so transmitted. (3) The High Court Division may require such evidence in support of the application as it considers necessary and may make such order thereon subject to such terms and conditions, if any, as it thinks just, or may reject the application in any case it finds that the ship has not ceased to be a Bangladesh ship; and in case the ship or the share is ordered to be sold, it shall direct that the proceeds of the sale, after deducting the expenses thereof, be paid to the person entitled under such transmission or otherwise. (4) An application under sub section (2) shall be made within such time as may be prescribed: Provided that the High Court Division may admit an application after the prescribed time if it is satisfied that the Government had sufficient cause for not making the application within such time.",
"name": "Order for sale where ship has ceased to be a Bangladesh ship",
"related_acts": "",
"section_id": 38
},
{
"act_id": 642,
"details": "39. Where any Court, whether under section 38 or otherwise, orders the sale of any ship or share therein, the order of the Court shall contain a declaration vesting in some person named by the Court the right to transfer that ship or share, and thereupon the person so named shall be entitled to transfer the ship or share in the same manner and to the same extent as if he were the owner thereof, and shall, subject to the other provisions of this Ordinance, be deemed, in respect of the transfer of the ship or share, the owner thereof.",
"name": "Transfer of ship on sale by order of Court.",
"related_acts": "",
"section_id": 39
},
{
"act_id": 642,
"details": "40. (1) 7A registered ship or a share therein may be made a security for a loan or other valuable consideration, and the instrument creating the security (hereinafter called a mortgage) shall be in the prescribed form, or in a form as near thereto as circumstances permit. (2) Every instrument creating a mortgage shall be produced to the Registrar of the ship's port of registry for being recorded in the Register Book; and every mortgage so registered shall be called a registered mortgage. (3) The Registrar shall record the mortgages in the Register Book in the order in which they are produced to him for the purpose and shall under his hand endorse on each instrument creating a mortgage the fact that the mortgage has been recorded by him stating the day and hour thereof. (4) If there are more mortgages than one recorded in respect of the same ship or share, the mortgages shall, notwithstanding any express, implied or constructive notice, have priority according to the date on which each mortgage is recorded in the Register Book, and not according to the date of each mortgage itself.",
"name": "Mortgage of ship or share, etc.",
"related_acts": "",
"section_id": 40
},
{
"act_id": 642,
"details": "41. Where a registered mortgage of a ship or share is discharged, the Registrar shall, on the production of the instrument creating the mortgage with a receipt for the mortgage money endorsed thereon, duly signed and attested, make an entry in the Register Book to the effect that the mortgage has been discharged, and on that entry being made, the interest in the ship or share, if any, which passed to the mortgagee shall vest in the person in whom, having regard to intervening acts and circumstances, if any, it would have vested if the mortgage had not been created.",
"name": "Entry of discharge of mortgage.",
"related_acts": "",
"section_id": 41
},
{
"act_id": 642,
"details": "42. Except in so far as may be necessary for making a mortgaged ship or share available as a security for the mortgage debt, the mortgagee shall not, by reason of the mortgage, be deemed to be the owner of the ship or share, nor shall the mortgagor be deemed to have ceased to be the owner thereof.",
"name": "Mortgagee not deemed to be owner",
"related_acts": "",
"section_id": 42
},
{
"act_id": 642,
"details": "43. (1) A mortgagee under a registered mortgage shall be entitled to recover the amount due under the mortgage by appropriate proceeding in the High Court Division, and when passing a decree, or thereafter, the High Court Division may direct that the mortgaged ship or share be sold in execution of the decree. (2) Subject to the provisions of sub-section (1), no mortgagee shall merely by virtue of the mortgage, be entitled to sell or otherwise dispose of the mortgaged ship or share.",
"name": "Rights of mortgagee",
"related_acts": "",
"section_id": 43
},
{
"act_id": 642,
"details": "44. A registered mortgage of a ship or share shall not be affected by any act of insolvency committed by the mortgagor after the date the mortgage has been recorded by the Registrar, notwithstanding that the mortgagor, at the commencement of his insolvency, had the ship or share in his possession, order or disposition, or was the reputed owner thereof, and the mortgage shall be preferred to any right, claim or interest therein of the other creditors of the insolvent or any trustee or assignee on their behalf.",
"name": "Mortgage not affected by insolvency",
"related_acts": "",
"section_id": 44
},
{
"act_id": 642,
"details": "45. (1) 8A registered mortgage of a ship or share may be transferred to any person, and the instrument effecting the transfer shall be in the prescribed form, or in a form as near thereto as circumstances permit. (2) Every instrument transferring a registered mortgage shall be produced to the Registrar of the ship's port of registry for being recorded in the Register Book; and the Registrar shall record the transfer by entering in the Register Book the name of the transferee as mortgagee of the ship or share and shall under his hand endorse on the instrument of transfer that it has been recorded by him stating the day and hour thereof. (3) The transferee of a registered mortgage whose name is entered under sub section (2) as a mortgagee shall have the same right of preference as that of the transferor.",
"name": "Transfer of mortgage",
"related_acts": "",
"section_id": 45
},
{
"act_id": 642,
"details": "46. Where the interest of a mortgagee in a ship or share is transmitted on death, or insolvency, or by any lawful means other than by a transfer under this Ordinance, the transmission shall be authenticated by a Declaration of Transmission in the prescribed form, and the provisions of section 37 shall, so far as may be, apply to such transmission.",
"name": "Transmission of interest in mortgage in certain circumstances",
"related_acts": "",
"section_id": 46
},
{
"act_id": 642,
"details": "47. (1) A Bangladesh ship registered under this Ordinance shall not be described by any name other than that by which she is for the time being so registered, nor shall a change be made in her name except in the prescribed manner. (2) If any person acts or suffers any person under his control to act in contravention of any of the provisions of sub section (1), he shall be punishable with fine which may extend to fifty thousand Taka and the ship in respect of which any such provision has been contravened may be detained until such provision is complied with.",
"name": "Name of Bangladesh ship not to be changed, etc.",
"related_acts": "",
"section_id": 47
},
{
"act_id": 642,
"details": "48. (1) When a ship is so altered as not to correspond with the particulars relating to her tonnage or description contained in the Register Book, then, if the alteration is made at any port having a Registrar, that Registrar, or if it is made elsewhere, the Registrar of the first port having a Registrar at which the ship arrives after the alteration, shall, on application being made to him stating the particulars of the alteration, either cause the alteration to be registered or direct that the ship be registered anew and every such application shall be made, unless the Registrar considering the circumstances of each case allows a longer period within three days after the alteration or, as the case may be, the arrival. (2) For the purpose of registry of an alteration in a ship, the ship's Certificate of Registry shall be produced to the Registrar, and the Registrar shall, in his discretion, either retain the Certificate and grant a new Certificate of Registry containing a description of the ship as altered, or endorse and sign on the existing Certificate a memorandum of the alteration. (3) The particulars of the alteration as made, and the fact of the new Certificate of Registry having been granted, or endorsement having been made, shall be entered by the Registrar of the ship's port of registry in his Register Book, and for that purpose the Registrar to whom the application for the registry of the alteration has been made, if he is not himself the Registrar of the ship's port of registry, shall forthwith report to the last mentioned Registrar the particulars and facts as aforesaid, accompanied, where a Certificate of Registry has been granted, by the old Certificate of Registry. (4) If an owner fails to make an application under sub section (1) for registering anew a ship or for registering an alteration of a ship, he shall be punishable with fine which may extend to fifty thousand Taka and with a further fine which may extend to one thousand Taka for everyday after the first during which the failure continues.",
"name": "Registry of alterations",
"related_acts": "",
"section_id": 48
},
{
"act_id": 642,
"details": "49. (1) Where any Registrar, not being the Registrar of the ship's port of registry, on an application as to an alteration in a ship directs the ship to be registered anew, he shall either grant a provisional Certificate of Registry describing the ship as altered or provisionally endorse the particulars of the alteration on the existing Certificate of Registry. (2) Every provisional Certificate of Registry granted, and every Certificate provisionally endorsed, under sub section (1), shall, within ten days after the first subsequent arrival of the ship at her port of registry, be delivered by the master to the Registrar, and the Registrar shall thereupon cause the ship to be registered anew. (3) The Registrar who grants provisional Certificate of Registry or provisionally endorses a Certificate under sub section (1), shall add to the Certificate or endorsement a statement that the same is provisional and shall send a report of the particulars of the case to the Registrar of ship's port of registry, containing a similar statement as the Certificate or endorsement.",
"name": "Provisional Certificate and endorsement where ship is to be registered anew",
"related_acts": "",
"section_id": 49
},
{
"act_id": 642,
"details": "50. (1) Where a ship is to be registered anew, the Registrar shall proceed as in the case of first registration, and, on the delivery to him of the existing Certificate of Registry and on compliance with the other requirements for registration, shall register the ship anew, and grant a new Certificate of Registry. (2) When a ship is registered anew, the entries in the Register Book relating to her previous registration shall be considered as closed except so far as they relate to any unsatisfied mortgage, but the names of all persons appearing in those entries to be interested in the ship as owners or mortgagees shall be entered anew; and the registration anew shall not in any way affect the rights of any of those persons.",
"name": "Procedure for registration anew",
"related_acts": "",
"section_id": 50
},
{
"act_id": 642,
"details": "51. Where the registration of a Bangladesh ship is considered as closed under section 31 for any reason other than capture by the enemy, the ship shall not be re-registered until she has, at the expense of the applicant for registration, been surveyed by a Surveyor and certified by him to be seaworthy",
"name": "Restriction on re-registration of abandoned ships",
"related_acts": "",
"section_id": 51
},
{
"act_id": 642,
"details": "52. (1) The Government may, by notification in the official Gazette, declare what shall be the proper national colours for Bangladesh ships, and distinctive colours may be declared for different classes of ships. (2) If any distinctive colours other than those declared under sub section (1) are hoisted on board any Bangladesh ship, the owner of the ship, unless he proves that they were hoisted without his knowledge or consent, the master of the ship and every person hoisting such colours shall be punishable with fine which may extend to fifty thousand Taka; and any commissioned officer of the Bangladesh Navy, any Principal Officer, any Collector of Customs or any Bangladesh Consular Officer, may board any ship on which such colours are hoisted, and seize and take away the colours which shall be forfeited to the Government.",
"name": "National colours for ships",
"related_acts": "",
"section_id": 52
},
{
"act_id": 642,
"details": "53. (1) No person on board a ship which is not a Bangladesh ship shall use any of the national colours declared under sub section (1) of section 52 unless such use is made, the burden of proving which shall lie on him, for the purpose of escaping capture by the enemy or by a foreign ship of war in the exercise of some belligerent right. (2) Except for the purpose aforesaid, no owner or master of a Bangladesh ship shall knowingly do anything, or permit anything to be done, or carry or permit to be carried any papers or documents, with intent to conceal the Bangladesh character of the ship from, or to deceive, any person entitled by any law for the time being in force to inquire into the same, or with intent to assume a foreign character for the ship. (3) Whoever contravenes any of the provisions of this section shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to eighty thousand Taka, or with both.",
"name": "Unlawful assumption or concealment of Bangladesh character, etc.",
"related_acts": "",
"section_id": 53
},
{
"act_id": 642,
"details": "54. (1) A Bangladesh ship shall hoist the proper national colours- (a)\ton a signal being made to her by any vessel of the Bangladesh Navy; (b)\ton entering or leaving any foreign port; and (c)\tif of fifty tons net or more, on entering or leaving any Bangladesh port. (2) The master of a ship in respect of which the provisions of sub section (1) are not complied with shall be punishable with fine which may extend to ten thousand Taka.",
"name": "Bangladesh ships to hoist proper national colours in certain cases",
"related_acts": "",
"section_id": 54
},
{
"act_id": 642,
"details": "55. (1) A Collector of Customs shall not grant a port clearance for any ship until the master of the ship has declared to him the name of the country to which the master claims that the ship belongs, and the Collector of Customs shall upon such declaration inscribe the name on the port clearance. (2) If a ship attempts to proceed to sea without port-clearance, she may be detained until the declaration required by sub section (1) is made.",
"name": "National character of ships to be declared before clearance",
"related_acts": "",
"section_id": 55
},
{
"act_id": 642,
"details": "56. A Bangladesh ship which under the provisions of this Ordinance is not registered as such shall not be entitled to any privileges, benefits, advantages or protection usually enjoyed by Bangladesh ships or to use the proper national colours for Bangladesh ships or to assume the Bangladesh national character, but so far as regards the payment of dues, the liability of fine and forfeiture and the punishment of offence committed by any person belonging to, or on board, such ship, such ship shall be dealt with in the same manner in all respects as if she were a registered Bangladesh ship.",
"name": "Liabilities of ships not registered as Bangladesh ships",
"related_acts": "",
"section_id": 56
},
{
"act_id": 642,
"details": "57. Where any ship has either wholly or as to any share therein become subject to forfeiture under this Ordinance, any commissioned officer of the Bangladesh Navy, any Principal Officer, any Collector of Customs, or any Bangladesh Consular Officer, or any other officer authorised by the Government, by notification in the official Gazette, may seize and detain the ship, and bring her in for adjudication before the High Court Division, and the High Court Division may thereupon adjudge the ship with her equipment to be forfeited to Government and make such order in the case as to the High Court Division seems just.",
"name": "Proceedings on forfeiture of ship",
"related_acts": "",
"section_id": 57
},
{
"act_id": 642,
"details": "58. No notice of any trust in respect of a ship or a share therein, express, implied or constructive, shall be entered in the Register Book or be receivable by the Registrar, and, subject to any rights and powers appearing from the Register Book to be vested in any other person, the person registered as the owner of the ship or of the share shall have power to dispose of the ship or share in the manner provided in this Ordinance and to give effectual receipts for any money paid or advanced by way of consideration.",
"name": "Notice of trust not received",
"related_acts": "",
"section_id": 58
},
{
"act_id": 642,
"details": "59. Where any person is beneficially interested otherwise than by way of mortgage in any ship or share in a ship registered in the name of some other person as owner, the person so interested shall, as well as the person registered as owner, be subject to all the pecuniary penalties which may be imposed under this Ordinance or any other law for the time being in force on the owners of ships or shares therein; and proceedings for the enforcement of any such penalties may be taken against both or either of them.",
"name": "Liability of owners",
"related_acts": "",
"section_id": 59
},
{
"act_id": 642,
"details": "60. (1) On application to the Registrar and on payment of the prescribed fee, any person may, at any time during office hours, inspect any Register Book, and may obtain a certified copy of any entry therein: Provided that no Register Book shall be inspected by, nor shall a certified copy of any entry therein be given to, any person unless he furnishes to the Registrar, along with the application, consent in writing from the owner of the ship to such inspection being allowed or such copy being given. (2) The following documents shall be admissible in evidence in any Court, namely: (a)\tany Register Book on its production from the custody of the Registrar, or other person having the lawful custody thereof; (b)\ta Certificate of Registry under this Ordinance purporting to be signed by the Registrar, or any other officer authorised in this behalf; (c)\tan endorsement on a Certificate of Registry purporting to be signed by the Registrar, or any other officer authorised in this behalf; (d)\tevery declaration made under this Ordinance in respect of a Bangladesh ship.",
"name": "Inspection of Register Book and admissibility of certain documents in evidence",
"related_acts": "",
"section_id": 60
},
{
"act_id": 642,
"details": "61. The Government may, by notification in the official Gazette, direct that, subject to such conditions and exceptions as may be specified therein, ships belonging to the Government, not being ships of or commissioned for service in the Bangladesh Navy, shall be registered under this Ordinance, and thereupon this Ordinance shall, subject to those conditions and exceptions, apply to such ships.",
"name": "Power to register Government ships",
"related_acts": "",
"section_id": 61
},
{
"act_id": 642,
"details": "62. Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898), any Magistrate of the first class specially empowered by the Government in this behalf may pass a sentence of fine exceeding five thousand Taka for an offence under this Ordinance.",
"name": "Special powers for Magistrates",
"related_acts": "75",
"section_id": 62
},
{
"act_id": 642,
"details": "63. (1) The Government may, by notification in the official Gazette, make rules to carry out the purposes of this Ordinance. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- (a) the manner in which the tonnage of any ship shall be ascertained, whether for the purpose of registration or otherwise, including the mode of measurement; (b) the recognition for the purpose of ascertaining the tonnage of any ship, or for any other purpose, of any tonnage certificate granted in respect of any ship in any other country, not being a country with which Bangladesh has entered into an agreement in this behalf, including the conditions and restrictions subject to which such recognition may be granted; (c) the manner in which surveys of ships shall be conducted and the form of certificate to be issued by a Surveyor; (d) the manner in which ships shall be marked; (e) the form in which any document or instrument required by or under this Part to be prepared or executed shall be prepared or executed, as the case may be, and the Particulars which it should contain; (f) the persons by whom and the authorities before which any declaration required by this Part shall be made, and the circumstances in which any such declaration may be waived and other evidence accepted; (g) the returns that shall be made by Registrars to the Registrar General or to such other authority as the Government may appoint, and the form in which, and the intervals at which, such returns shall be made; (h) the procedure for the registration, marking, naming or alteration of the names of Bangladesh ships; (i) the fees to be levied, and the actual expenses, if any, incurred by Government in the performance of its functions, under this Part, and the manner in which such fees and expenses shall be collected or recovered; (j) the manner in which Registrars and other authorities may exercise their powers under this Part or maintain the Register Book and other books and registers; (k) the manner in which ships belonging to Government, to which the provisions of this Part may be made applicable under section 61, may be registered; (l) any other matter which may be necessary for carrying out the purposes of this Part.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 63
},
{
"act_id": 642,
"details": "64. This Part applies only to such power driven sea going ships as are of not less than one hundred and fifty tons gross or of such other tonnage as the Government may, by notification in the official Gazette, fix.",
"name": "Application",
"related_acts": "",
"section_id": 64
},
{
"act_id": 642,
"details": "65. (1) No citizen of Bangladesh, nor any company, officer or other authority, shall charter any ship, whether a Bangladesh ship or not, or, being the owner of any Bangladesh ship, or the agent of such owner, give or offer to give on charter any such ship to any person, except with the previous permission in writing of the Director General of Shipping and such permission, if granted, may be subject to such conditions as the Director General of Shipping may think fit to impose. (2) Whoever contravenes or attempts to contravene the provisions of sub-section (1) shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to Taka fifteen thousand or with both; and any transaction made in contravention of any such provision shall be void.",
"name": "Restriction on chartering of ships",
"related_acts": "",
"section_id": 65
},
{
"act_id": 642,
"details": "66. (1) No Bangladesh ship, and no ship chartered by a citizen of Bangladesh or by a company, officer or other authority shall be taken to sea from a port or place within or outside Bangladesh except under a licence granted in this behalf by the Shipping Authority. (2) A licence granted under sub section (1) may, in the discretion of the Shipping Authority, be- (a)\ta general licence; or (b)\ta licence for a specified period or a specified voyage. (3) Subject to the provisions of section 68, a general licence shall remain valid until it is revoked or cancelled, and a licence for a specified period or a specified voyage shall be valid only for the period or voyage for which it is granted. (4) A licence granted under sub section (1) may contain such limitations and conditions as the Shipping Authority may think fit to impose, with respect to the trades in which the ship may engage and the voyage which it may undertake, and such limitations and conditions may be imposed so as to apply to the ship wherever it may be, or while in such waters, or engaged in such trades, or on such voyages, as may be specified. (5) Whoever contravenes the provisions of sub section (1) shall, for each offence, be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to Taka five thousand, or with both.",
"name": "Licences for taking ships to sea",
"related_acts": "",
"section_id": 66
},
{
"act_id": 642,
"details": "67. (1) No ship, not being a Bangladesh ship or a ship chartered by a citizen of Bangladesh, or by a company, officer or other authority, shall be engaged in coasting trade except under a licence granted in this behalf by the Shipping Authority. (2) A licence granted under sub section (1) may be for the whole or any part of the coasting trade and subject to such conditions as may be specified therein. (3) Subject to the provisions of section 68, a licence granted under sub-section (1) shall remain valid until it is revoked or cancelled. (4) Whoever contravenes the provisions of sub section (1) shall, for each offence, be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to Taka five thousand, or with both.",
"name": "Licences for coasting trade",
"related_acts": "",
"section_id": 67
},
{
"act_id": 642,
"details": "68. (1) Any licence granted under section 66 or section 67 may be modified, suspended, revoked or cancelled by the Authority granting it, but no such licence shall be revoked or cancelled unless the person concerned has been given a reasonable opportunity of making a representation against such revocation or cancellation. (2) Where a licence granted under section 66 or section 67 is revoked or cancelled or otherwise ceases to be valid, the person to whom it was granted shall, within sixty days after such revocation, cancellation or cessation, return it or cause it to be returned to the Authority granting it. (3) Whoever contravenes the provisions of sub section (2) shall be punishable with fine which may extend to two thousand Taka.",
"name": "Revocation, etc. of licences",
"related_acts": "",
"section_id": 68
},
{
"act_id": 642,
"details": "69. (1) A Collector of Customs shall not grant port clearance to a ship required to take a licence under this Part until the owner or master thereof has produced the requisite licence and a certificate from the Shipping Authority to the effect that the conditions of the licence have been duly fulfilled. (2) If a ship attempts to proceed to sea without port clearance, she may be detained until the licence and certificate are produced as required by sub section (1).",
"name": "No port clearance until licence is produced",
"related_acts": "",
"section_id": 69
},
{
"act_id": 642,
"details": "70. (1) No ship, other than a Bangladesh ship, shall, except with the previous permission in writing of the Shipping Authority, be engaged or used in lighterage of foodgrains and other cargo or transhipment of any cargo other than foodgrains at any point within the territorial waters of Bangladesh for carriage to any destination within Bangladesh. (2) No foreign ship shall, except with the previous permission in writing of the Shipping Authority, use, for the purpose of loading and unloading of bulk cargo within the territorial waters of Bangladesh, any device or equipment which is not permanently attached to the ship. (3) Whoever contravenes the provisions of sub section (1) shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to Taka ten thousand, or with both.",
"name": "Restriction on the use of certain ships, etc.",
"related_acts": "",
"section_id": 70
},
{
"act_id": 642,
"details": "71. (1) The Shipping Authority may, if it is satisfied that it is necessary or expedient in the public interest or in the interest of shipping in general so to do, and shall, where so directed by the Government, by order in writing, give,- (a)\tin the case of a ship which has been granted a licence under section 66, directions with respect to all or any of the following matters, namely:- (i)\tthe ports or places, whether in or outside Bangladesh, to which, and the routes by which, ship shall proceed for any particular purpose; (ii)\tthe diversion of the ship from one route to another for any particular purpose; (iii)\tthe dates, if any, of arrival and departure of the ship at, or from, any port or place; (iv)\tthe classes of passengers which may be carried in the ship; (v)\tthe kind of cargo which may be carried in the ship and the quantity of such cargo that may be put on board any ship specified in the order; (vi)\tthe order of priority in which passengers or cargo may be taken on or put off the ship at any port or place, whether in or outside Bangladesh; (vii)\tthe person or persons to whom passages may be given; (b)\tin the case of any ship which has been granted a licence under section 67, and is about to proceed from a port or place in Bangladesh to any port or place at which she may, or is to, call in the course of her voyage while engaged in the coasting trade, general or special directions with respect to all or any of the matters mentioned in sub-clauses (iii), (iv), (v), (vi) and (vii) of clause (a); and (c)\tin the case of any ship, other than a ship licensed under this Ordinance, directions regulating the quantity of any cargo that may be loaded in such ship from a port of Bangladesh for a place or port outside Bangladesh. (2) Whoever fails to comply with any direction given under sub section (1), shall, for each offence, be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to Taka five thousand, or with both.",
"name": "Power to give directions",
"related_acts": "",
"section_id": 71
},
{
"act_id": 642,
"details": "72. The Government may, by notification in the official Gazette, constitute a Shipping Allocation Board to advise on matters enumerated in section 71.",
"name": "Power to constitute Shipping Allocation Board",
"related_acts": "",
"section_id": 72
},
{
"act_id": 642,
"details": "73. Power to fix shipping rates.- Omitted by section 9 of the Bangladesh Merchant Shipping (Amendment) Act, 1995 (Act No. II of 1995).",
"name": "Omitted",
"related_acts": "",
"section_id": 73
},
{
"act_id": 642,
"details": "74. Power to constitute Shipping Rates Advisory Board.- Omitted by section 10 of the Bangladesh Merchant Shipping (Amendment) Act, 1995 (Act No. II of 1995).",
"name": "Omitted",
"related_acts": "",
"section_id": 74
},
{
"act_id": 642,
"details": "75. (1) The Shipping Authority may, by notice served personally or by post, require- (a)\tthe master or owner of any ship in respect of which a licence granted under this Part is in force, or (b)\tthe master or the agent in Bangladesh of the owner of any ship in respect of which any directions have been or may be given under clause (b) or clause (c) of sub section (1) of section 71, to furnish, within the period specified in the notice, information regarding all or any of the following matters, namely:- (i)\tthe classes of passengers and cargo which the ship is about to carry or is capable of carrying or has carried during any period specified in this behalf in the notice; (ii)\tthe rates of passenger fares and freight charges applicable to the ship; and (iii)\tany other matter which may be prescribed. (2) If any person on whom a notice has been served under sub section (1) fails to furnish the information required thereby within the specified time or, in furnishing such information, makes any statement which he knows to be false in any material particular, he shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to Taka ten thousand, or with both.",
"name": "Power to call for information",
"related_acts": "",
"section_id": 75
},
{
"act_id": 642,
"details": "76. Submission of schedule of fares, etc., in respect of certain ships.- Omitted by section 11 of the Bangladesh Merchant Shipping (Amendment) Act, 1995 (Act No. II of 1995).",
"name": "Omitted",
"related_acts": "",
"section_id": 76
},
{
"act_id": 642,
"details": "77. Where, in respect of any ship to which a licence has been granted or a directive is given in writing under the provisions of this Part, the Shipping Authority has reason to suspect that any of those provisions is not being complied with, it may enter or authorise any other person to enter on board the ship and ask for the relevant documents for examination.",
"name": "Power of Shipping Authority to enter ship",
"related_acts": "",
"section_id": 77
},
{
"act_id": 642,
"details": "78. If any of the limitations or conditions contained in a licence granted or, as the case may be, a directive given under the provisions of this Part is contravened, the master and the owner, or, in the case of a ship other than a Bangladesh ship, the master, and the agent in Bangladesh of the owner, of the ship in respect of which the contravention has taken place, shall each be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to Taka ten thousand, or with both.",
"name": "Penalty",
"related_acts": "",
"section_id": 78
},
{
"act_id": 642,
"details": "79. (1) The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Part. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- (a)\tthe forms of licences; (b) \trates of fees payable for different categories of licences; (c) \tthe procedure to be followed by the Boards constituted under 9section 72; 10* * * (e)\tregulation of the activities of the shipping agents operating in Bangladesh; (f)\tthe matters regarding which information may be required to be furnished under section 75; and (g)\tany other matter which it is necessary to prescribe.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 79
},
{
"act_id": 642,
"details": "80. In this Chapter, unless there is anything repugnant in the subject or context, “Director-General” means the Director-General of the Department of Shipping established under this Ordinance.",
"name": "Definition",
"related_acts": "",
"section_id": 80
},
{
"act_id": 642,
"details": "81. This Chapter shall apply only to Bangladesh ships.",
"name": "Application",
"related_acts": "",
"section_id": 81
},
{
"act_id": 642,
"details": "82. (1) No ship shall go to sea or proceed on a voyage unless it is manned in accordance with the provisions of this Chapter and possesses a Certificate issued by the Director-General to the effect that the ship is manned in accordance with such provisions. (2) The Director-General shall issue the Certificate under sub-section (1) in such manner as may be prescribed. (3) The Director-General may, by order notified in the official Gazette, require a ship to carry such minimum number of officers, doctors, cooks and other seamen as may be specified in the order. (4) The Director-General shall not exercise his power under sub-section (3) requiring a ship to carry seamen, other than doctors and cooks, except to the extent that it appears to him necessary or expedient in the interest of safety of the ship. (5) An order under sub-section (3) may make different provisions for different descriptions of ships or for ships of the same description in different circumstances. (6) The Government may exempt any ship or class of ships from any requirements of an order made under sub-section (3). (7) An exemption granted under sub-section (6) may be in respect of particular period or of one or more particular voyages. (8) If a ship goes to sea or proceed on a voyage in contravention of the provisions of sub-section (1), the master of the ship shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to one lakh Taka, or with both.",
"name": "Manning of ships",
"related_acts": "",
"section_id": 82
},
{
"act_id": 642,
"details": "83. (1) The Director-General shall grant Certificate of Competency for various grades of service in different trades in a ship after conducting such examinations or tests as may be prescribed. (2) No seaman, master or pilot shall be employed or engaged for service on board a ship unless he has the requisite Certificate of Competency granted under sub-section (1). (3) No person shall be granted a Certificate of Competency under sub-section (1) for employment or engagement on board a ship of or above sixteen hundred tons as a radio officer or operator unless he has- (a)\tsuch maritime radio communication general certificate as may be determined by the Director-General; (b)\tat least six months' sea-service as a trainee radio officer or operator; (c)\tsuccessfully completed survival craft course, fire-fighting course and first-aid course. (4) Notwithstanding anything contained in this section, the Director-General may relax the requirement of this section in respect of a person if- (a)\tsuch person satisfies the Director-General that he is reasonably capable of discharging the duties and responsibilities of the trade for which he is sought to be employed or engaged; 84. (1) A Certificate of Competency granted to a seaman, master or pilot by any authority in Bangladesh under any law for the time being in force before the commencement of the Bangladesh Merchant Shipping (Amendment) Act, 1988 shall be recognised as equivalent to a Certificate of Competency granted under this Chapter. (2) A Certificate of Competency granted to a seaman, master or pilot by any authority outside Bangladesh may be recognised by the Director-General, by an order notified in the official Gazette, as equivalent to a Certificate of Competency granted under this Chapter. (3) All provisions of this Ordinance relating to Certificate of Competency granted under this Chapter shall apply to such Certificate of Competency recognised under sub-section (1) or sub-section (2) and the recognition of any such Certificate may be suspended or withdrawn on the same ground and in the same manner as a Certificate of Competency granted by the Director-General under this Chapter is suspended or cancelled.",
"name": "Certificate of Competency",
"related_acts": "",
"section_id": 83
},
{
"act_id": 642,
"details": "84. (1) A Certificate of Competency granted to a seaman, master or pilot by any authority in Bangladesh under any law for the time being in force before the commencement of the Bangladesh Merchant Shipping (Amendment) Act, 1988 shall be recognised as equivalent to a Certificate of Competency granted under this Chapter. (2) A Certificate of Competency granted to a seaman, master or pilot by any authority outside Bangladesh may be recognised by the Director-General, by an order notified in the official Gazette, as equivalent to a Certificate of Competency granted under this Chapter. (3) All provisions of this Ordinance relating to Certificate of Competency granted under this Chapter shall apply to such Certificate of Competency recognised under sub-section (1) or sub-section (2) and the recognition of any such Certificate may be suspended or withdrawn on the same ground and in the same manner as a Certificate of Competency granted by the Director-General under this Chapter is suspended or cancelled.",
"name": "Recognition of Certificate of Competency not granted by the Director-General",
"related_acts": "",
"section_id": 84
},
{
"act_id": 642,
"details": "85. Every Certificate of Competency granted under this Chapter shall be in the prescribed form and shall be made in duplicate, and one copy shall be delivered to the person entitled to the Certificate, and the other shall be kept by the Director-General and recorded in the prescribed manner.",
"name": "Form of Certificates",
"related_acts": "",
"section_id": 85
},
{
"act_id": 642,
"details": "86. Whenever a seaman proves to the satisfaction of the Director-General that he has, without any fault on his part, lost or been deprived of a Certificate of Competency already granted to him under this Chapter, the Director-General shall, on payment of such fee as may be prescribed, cause a copy of such Certificate to be granted to him or issue a duplicate thereof, and such copy or duplicate shall have all the effects of the original.",
"name": "Loss of Certificate",
"related_acts": "",
"section_id": 86
},
{
"act_id": 642,
"details": "87. The master of a ship shall be the custodian of Certificates of Competency of all seamen; and a seaman serving on board a ship shall deposit his Certificate of Competency with the master of the ship for its safe custody and for its production to the concerned authority whenever required to do so.",
"name": "Master to be custodian of Certificates",
"related_acts": "",
"section_id": 87
},
{
"act_id": 642,
"details": "88. (1) No person who is not a citizen of Bangladesh shall be employed or engaged on board a ship as a seaman or in any other capacity without the previous permission in writing of the Government. (2) Where the provisions of sub-section (1) is contravened, the owner of the ship shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to one lakh Taka or with both.",
"name": "Employment of aliens",
"related_acts": "",
"section_id": 88
},
{
"act_id": 642,
"details": "89. (1) No person shall be employed or engaged on board a ship unless he enters into an agreement with the owner of the ship in such manner as may be prescribed. (2) Upon an agreement under sub-section (1), a seaman shall be issued a Continuous Discharge Certificate Book by the Shipping Master, on payment of such fee and in such manner as may be prescribed, for recording details of his service. (3) Every Continuous Discharge Certificate Book shall be in duplicate and one copy thereof shall be delivered to the person entitled to the Book and the other shall be kept by the Shipping Master and recorded in the prescribed manner.",
"name": "Continuous Discharge Certificate Book",
"related_acts": "",
"section_id": 89
},
{
"act_id": 642,
"details": "90. (1) If it appears to the Director-General that the holder of a Certificate Book issued under this Chapter has obtained it on false or erroneous information, he may, without prejudice to any other penalty to which such holder may be liable, by order, cancel or suspend such Certificate or Book: Provided that no such order shall be passed by the Director-General unless the holder of the Certificate or of the Book has been given an opportunity of making a representation against the proposed order. (2) A person aggrieved by an order under sub-section (1) may prefer an appeal to the Government within a period of one month from the date of such order and the decision of the Government on such appeal shall be final. (3) Upon cancellation or suspension of a Certificate or of the Book under sub-section (1), the holder of the Certificate or of the Book shall surrender the same to the Director-General. (4) If any person contravenes the provision of sub-section (3), he shall be liable to fine which may extend to one lakh Taka.",
"name": "Power to cancel or suspend Certificate, etc.",
"related_acts": "",
"section_id": 90
},
{
"act_id": 642,
"details": "91. A note of all orders made under this Ordinance for suspending, cancelling, altering or otherwise affecting a Certificate of Competency or a Continuous Discharge Certificate Book shall be entered on the copy of the Certificate or of the Book kept by the Director-General.",
"name": "Record of orders affecting Certificate, etc.",
"related_acts": "",
"section_id": 91
},
{
"act_id": 642,
"details": "92. (1) The Collector of Customs shall not grant a port clearance to any ship unless a certificate issued by the Mercantile Marine Office established under this Ordinance is produced to him to the effect that the ship is duly manned in accordance with the provisions of this Chapter. (2) If any ship attempts to go to sea without a port clearance under sub-section (1), the Collector of Customs or any officer authorised by him in this behalf may detain the ship until a Certificate mentioned in sub-section (1) is produced.",
"name": "Port Clearance.",
"related_acts": "",
"section_id": 92
},
{
"act_id": 642,
"details": "93. (1) When a ship has sustained or caused any accident of whatever nature occasioning loss of life or any serious injury to any person or has received any material damage affecting her sea-worthiness or her efficiency either in her hull or in any part of her machinery or in any of her fittings or equipment, the owner or master of the ship shall, within three days after the happening of the accident, damage or casualty, or, as soon thereafter as possible, transmit to the Director-General a report of the accident or damage and of the probable cause thereof stating the name of the ship, port of registry and the place of occurrence. (2) When any mutiny, strike, murder, assault or violence occurs in any ship, the owner or master of the ship shall, within three days after the occurrence of the incident, transmit to the Director-General a report of the same and of the probable cause thereof with all other relevant information. (3) Whenever an accident or incident of the nature specified in sub-section (1) or sub-section (2) occurs on or in connection with, a foreign flag ship in Bangladesh waters, the agent of the ship shall, within twenty four hours after the happening of the accident or occurrence of the incident, transmit to the Director-General a report of the same and of the probable cause thereof with all other relevant information. (4) On receipt of a report under sub-section (1) or sub-section (2) or sub-section (3) the Director-General may, without prejudice to any other legal proceedings under any other law for the time being in force, order an enquiry into the accident or incident mentioned in the report. (5) Where the Director-General is satisfied that an accident, damage or casualty has happened due to negligence or incompetence on the part of a person who is a foreign national or a person having a Certificate of Competency issued by a foreign Government or organisation, he may, without prejudice to any other action under this Ordinance or any other law for the time being in force, debar- (a)\tsuch person from being employed or engaged for service on a Bangladesh Ship; (b)\tany foreign ship from entering Bangladesh waters with such person being employed or engaged for service on that ship. (6) If a person fails without any reasonable cause to comply with the requirements of this section, he shall be liable to fine which may extend to fifty thousand Taka.",
"name": "Report of accidents, etc.",
"related_acts": "",
"section_id": 93
},
{
"act_id": 642,
"details": "94. If any person- (a)\tforges or fraudulently alters or assists in forging or fraudulently altering any Certificate of Competency or an official copy of any such Certificate, or (b)\tmakes or assists in making any false representation for the purpose of procuring either for himself or for any other person a Certificate of Competency, or (c)\tfraudulently uses a Certificate of Competency, or a copy thereof, which has been forged, altered, cancelled or suspended, or to which he is not entitled, or (d)\tfraudulently lends his certificate of Competency or allows it to be used by any other person, he shall be punishable with imprisonment for a term which may extend to three years, and shall also be liable to fine which may extend to one lakh Taka, or with both. Explanation.- In this section “Certificate of Competency” includes a Continuous Discharge Certificate Book issued under this Ordinance.",
"name": "Penalty",
"related_acts": "",
"section_id": 94
},
{
"act_id": 642,
"details": "95. (1) The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Chapter. (2) In particular, and without prejudice to the generality of the forgoing powers, such rules may provide for all or any of the following matters, namely:- (a)\tclassification of Certificate of Competency of different grades; (b)\tsyllabus and courses of examinations or tests for Certificates of Competency; (c)\teligibility for appearing in examinations or tests for various grades of Certificate of Competency and manner of holding such examinations or tests.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 95
},
{
"act_id": 642,
"details": "98. No young person under fifteen years of age shall be engaged or carried to sea to work in any capacity in any ship except- (a)\tin a school ship or training ship in accordance with the prescribed conditions; or (b) \tin a ship in which all persons employed are members of one family; or (c) \twhere such young person is to be employed on nominal wages and shall be under the protection of his father or other adult near male relative.",
"name": "Employment of young persons",
"related_acts": "",
"section_id": 96
},
{
"act_id": 642,
"details": "99. (1) Subject to the provisions of sub sections (2) and (3), no young person shall be engaged or carried to sea to work as a trimmer or a stoker in any ship. (2) Sub section (1) shall not apply- (a) \tto any work of trimming or stoking done by a young person in a school ship or training ship in accordance with the prescribed conditions; or (b) \tto any work of trimming or stoking done by a young person in a ship which is mainly propelled otherwise than by steam; or (c) \tto the engagement of carrying to sea of a young person over sixteen years of age to work as a trimmer or stoker on a home trade ship or coasting ship in accordance with the prescribed conditions. (3) Where in any port a trimmer or stoker is required for any ship, other than a home trade ship or coasting ship, and no person over eighteen years of age is available, two young persons over sixteen years of age may be engaged and carried to sea to do the work which would otherwise have been done by one person over eighteen years of age. (4) There shall be included in every agreement with the crew in ships to which this section applies a short summary of the provisions of this section.",
"name": "Engagement of young persons as trimmers or stokers",
"related_acts": "",
"section_id": 97
},
{
"act_id": 642,
"details": "100. (1) Subject to the provisions of sub section (2), no young person shall be engaged or carried to sea to work in any capacity in any ship unless there has been delivered to the master a certificate granted by a prescribed medical authority that the young person is fit to be employed in that capacity. (2) Sub section (1) shall not apply- (a) \tto the employment of a young person in a ship in which all persons employed are members of one family; or (b) \twhere the Shipping Master, on the ground of urgency, has authorised a young person to be engaged and carried to sea, without the certificate required by sub section (1) being delivered to the master, and the young person is not employed beyond the first port at which the ship in which he is so engaged calls except in accordance with the provisions of sub section (1). (3) A certificate of fitness required by sub section (1) shall remain in force for one year only from the date on which it is granted. (4) The Shipping Master may require the master of any ship to produce for inspection any certificate of fitness delivered to him under sub section (1).",
"name": "Medical examination of young persons",
"related_acts": "",
"section_id": 98
},
{
"act_id": 642,
"details": "101. (1) If any young person is engaged to work in any capacity in a ship in contravention of section 98, section 99, or section 100 on a false representation by his parent or guardian, or any other person, that the young person is of an age at which such engagement is not in contravention of any of those sections, such parent or guardian shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to Taka two thousand, or with both. (2) If any young person is carried to sea to work in contravention of section 98, section 99, or section 100, the master of the ship shall, for each offence, be punishable with fine which may extend to two thousand Taka. (3) If any master refuses or neglects to produce for inspection any certificate of fitness delivered to him when required so to do under sub section (4) of section 100, he shall, for each offence, be punishable with fine which may extend to five thousand Taka.",
"name": "Offences against sections 98, 99 and 100",
"related_acts": "",
"section_id": 99
},
{
"act_id": 642,
"details": "102. (1) There shall be included in every agreement with the crew of every ship, whether a Bangladesh ship or not, which engages young persons in Bangladesh, a list of the young persons who are members of the crew, together with particulars of the dates of their birth, and in the case of any ship where there is no agreement, the master shall maintain a Register of young persons with particulars of the dates of their birth and of the dates on which they became or ceased to be members of the crew. (2) The Shipping Master may require the master of any ship where there is no such agreement as aforesaid to produce for inspection the Register maintained under sub section (1). (3) If any master fails to maintain the Register required to be maintained under sub section (1) or refuses or neglects to produce such Register for inspection when required so to do under sub section (2), he shall, for each offence, be punishable with fine which may extend to five thousand Taka.",
"name": "Maintenance of list or Register of young persons in a ship",
"related_acts": "",
"section_id": 100
},
{
"act_id": 642,
"details": "103. The Government may, by notification in the official Gazette, make rules prescribing- (a) \tthe conditions of employment of young persons, in any capacity, in school ships and training ships, and the authorities by whom and the manner in which the inspection of their work shall be carried out; (b) \tthe conditions of employment of young persons as trimmers or stokers in home trade ships and coasting ships; (c) \tthe authorities whose certificates of fitness shall be accepted for the purposes of section 100; and (d)\t the principles and procedure to be followed by ship owners where there is no agreement with the crew.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 101
},
{
"act_id": 642,
"details": "104. (1) Subject to the other provisions of this Ordinance, the Government may, by notification in the official Gazette, make rules regulating the engagement of seamen, their employment on various ships, and other matters affecting maritime labour generally. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- (a) \tthe establishment of one or more Seamen's Employment Boards, and the constitution, composition and functions thereof; (b)\t the registration of seamen, and the fees to be charged by the Shipping Master for the issue of Registration Book to them; (c) \tthe maintenance of seamen's rosters; (d) \tthe principles and procedure to be followed by ship owners in engaging and promoting seamen; (e) \tthe licensing of Agents who act on behalf of owners in engaging seamen for foreign ships and the conditions to be complied with by such Agents before licence is granted or renewed.",
"name": "Rules relating to engagement of seamen and maritime labour",
"related_acts": "",
"section_id": 102
},
{
"act_id": 642,
"details": "105. (1) A person shall not engage or supply, or employ for the purpose of engaging or supplying, a seaman, to be entered on board any ship in Bangladesh unless that person is the owner or master or mate of the ship, or is bona fide the servant and in the constant employment of the owner, or is a Shipping Master. (2) A person shall not receive or accept to be entered on board any ship any seaman if that person knows that the seaman has been engaged or supplied in contravention of sub section (1). (3) If a person contravenes the provisions of sub section (1) or sub section (2), he shall, for each offence, be punishable with fine which may extend to ten thousand Taka. (4) An agent for recruiting seamen, acting on behalf of owners of foreign ships, shall not recruit or attempt to recruit any seaman unless he is duly licensed by the Government and no such recruitment shall be carried out except with the concurrence of the Shipping Master. (5) If a person contravenes the provisions of sub section (4), he shall be punishable with imprisonment which may extend to six months, or with fine not exceeding ten thousand Taka, or with both.",
"name": "Supply of seamen, etc.",
"related_acts": "",
"section_id": 103
},
{
"act_id": 642,
"details": "106. (1) The Government may, by order, provide- (a) \tfor the issue to every Bangladeshi seaman of a card, in this section referred to as seaman's identity card, in such form and containing such particulars with respect to the holder thereof and such other particulars, if any, as may be specified in the order, and for requiring every Bangladeshi seaman to apply for such card; (b) \tfor requiring the holder of a seaman's identity card to produce it to such person in such circumstances as may be specified in the order; (c) \tfor the surrender of the seaman's identity card in such circumstances as may be specified in the order; (d) \tfor any incidental or supplementary matter which the Government thinks expedient for the purpose of the order to provide; and any provision of the order having effect by virtue of clause (a) of this sub section may be so framed as to apply to all Bangladeshi seaman or any description of them, and, as to have effect subject to any exemption for which provision may be made in the order. (2) An order under this section may make a contravention of any provision thereof an offence punishable on a summary conviction, with a fine not exceeding one thousand Taka. (3) If a person makes a statement which he thinks to be false or recklessly makes a statement which is false in a material particular for the purpose of obtaining for himself or for any other person a seaman's identity card, he shall be liable on summary conviction to a fine not exceeding Taka one thousand.",
"name": "Seaman’s identity card",
"related_acts": "",
"section_id": 104
},
{
"act_id": 642,
"details": "107. (1) No person shall engage any Bangladeshi seaman at any port or place in Bangladesh, nor carry to sea from any such port or place any such seaman in any ship, except a coasting ship of less than two hundred tons gross so long as such coasting ship is employed on voyages confined to ports or places within Bangladesh, unless the seaman is in possession of a Continuous Discharge Certificate issued in Bangladesh by a Shipping Master in a form approved by the Director-General of Shipping or such other document as may be prescribed. (2) if a person engages or carries to sea any seaman in contravention of sub section (1), he shall, for each offence, be punishable with fine which may extend to ten thousand Taka.",
"name": "Seaman to be in possession of Continuous Discharge Certificate",
"related_acts": "",
"section_id": 105
},
{
"act_id": 642,
"details": "108. Whenever a seaman proves to the satisfaction of a Shipping Master that the Continuous Discharge Certificate issued to him has, without fault on his part, been lost, torn or defaced, or that he has otherwise been deprived of it, the Shipping Master shall, on payment of the prescribed fee, if any, issue to the seaman a copy of the Certificate to which he may be entitled, and such copy shall have all the effect of the original.",
"name": "Loss of Continuous Discharge Certificate, etc.",
"related_acts": "",
"section_id": 106
},
{
"act_id": 642,
"details": "109. (1) Notwithstanding anything contained elsewhere in this Ordinance, the Shipping Master may suspend, cancel or confiscate the Continuous Discharge Certificate of any seaman who is shown to the satisfaction of the Shipping Master to have deserted his ship or is found guilty of smuggling, theft, misbehaviour or such other offence as may, in the opinion of the Shipping Master, make him unsuitable for employment on board a ship. (2) Any person aggrieved by an order under sub section (1) may, within ninety days from the date of receipt of such order, prefer an appeal to the Director General of Shipping. (3) An appeal under sub section (2) shall be preferred and disposed of in such form and manner as may be prescribed.",
"name": "Cancellation, etc. of Continuous Discharge Certificate",
"related_acts": "",
"section_id": 107
},
{
"act_id": 642,
"details": "110. (1) No person shall engage any Bangladeshi seaman at any port or place in Bangladesh, nor carry to sea any such seaman in any ship of two hundred tons gross and above from any such port or place unless the seaman is in possession of a certificate in the prescribed form issued by the prescribed medical authority to the effect that he is fit to be employed in the capacity in which he is to serve, or unless an endorsement to that effect appears in his Continuous Discharge Certificate. (2) The Government may prescribe - (a)\tthe standard of fitness required of seamen or different classes of seamen having regard to the age of the seamen and the nature of duties to be performed by them; (b) \tthe nature of the medical examination of seamen and the authority by whom the medical examination shall be conducted; (c) \tthe form and the contents of the certificates of fitness and the period of their validity; and (d) \tthe medical authority by whom a seaman who has been refused a certificate of fitness in the first instance may be re examined, and the fee payable for such re examination. (3) The Government may exempt any seaman or class of seamen employed in any ship or class of ships from the operation of all or any of the provisions of this section. (4) If a person engages or carries to sea any seaman in contravention of sub-section (1), he shall, for each offence, be punishable with fine which may extend to ten thousand Taka. (5) An owner, master or agent may, prior to engaging a seaman, have him examined by a medical officer whose prescribed particulars have been registered with a Shipping Master.",
"name": "Certificate of fitness of seaman",
"related_acts": "",
"section_id": 108
},
{
"act_id": 642,
"details": "111. (1) The Government may, by notification in the official Gazette, make rules as to manning of ships. (2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- (a) \tthe rating of seamen other than officers; (b) \tthe minimum and maximum age limits, and qualifications and experience required for each rating; and (c) \tthe number of each rating to be carried on board a ship having regard to her tonnage, mode of propulsion and the number of passengers she is certified to carry.",
"name": "Rules relating to manning of ships",
"related_acts": "",
"section_id": 109
},
{
"act_id": 642,
"details": "112. (1) The master of every Bangladesh ship, except a coasting ship of less than two hundred tons gross so long as such coasting ship is employed on voyages confined to ports or places within Bangladesh, shall enter into an agreement in accordance with this Ordinance with every seaman whom he engages at, and carries to sea as one of his crew from any port or place in Bangladesh. (2) The master of a ship who neglects or fails to enter into an agreement required by sub section (1) shall, for each offence, be punishable with fine which may extend to ten thousand Taka.",
"name": "Agreement with crew",
"related_acts": "",
"section_id": 110
},
{
"act_id": 642,
"details": "113. (1) An agreement with the crew shall be in the form approved by the Government, and shall be dated at the time of the first signature thereof and shall be signed- (a)\twhere the ship is at the port or place of engagement, by the master before any seaman signs the same; and (b)\twhere the ship is not at the port or place of engagement, by the owner or the owner's agent before the master signs it and by the master before the seaman is on board. (2) An agreement with the crew shall contain as terms thereof the following particulars, namely:- (a)\tthe name of the ship or ships with the official number or numbers in which each seaman undertakes to serve; (b)\teither the nature and, as far as practicable, the duration of the intended voyage or engagement, or the maximum period of the voyage or engagement, and the places or ports of the world, if any, to which the voyage or engagement is not to extend; (c)\tthe time at which each seaman is to be on board or to begin work; (d)\tthe capacity in which each seaman is to serve; (e)\tthe amount of wages which each seaman is to receive; (f)\ta scale of the provisions which are to be furnished to each seaman, such scale being not less than the prescribed scale; (g)\tany regulations as to, conduct on board and as to fines, short allowance of provisions or other lawful punishments for misconduct, which have been sanctioned by the Government as regulations proper to be adopted, and which the parties agree to adopt; (h)\tpayment of compensation for personal injury or death caused by accident arising out of or in course of employment; (i)\twhere it is agreed that the services of any Bangladeshi seaman shall end at any port or place outside Bangladesh, a stipulation to provide him either with fit employment on board some other ship bound to the port or place at which he was engaged or to such other port or place in Bangladesh as may be mutually agreed upon, or a passage free of charge to any such port or place; and (j)\tstipulations relating to such other matters as may be prescribed. (3) An agreement with the crew shall provide that in the event of a dispute arising outside Bangladesh in respect of any matter touching the agreements, such dispute shall be referred to the Bangladesh Consular Officer whose decision thereon shall be binding on the parties until the return of the ship to the port or place in Bangladesh at which the seaman is to be discharged. (4) An agreement with the crew shall be so framed as to admit of such stipulations to be adopted at the will of the master and seaman in each case, respecting the advance of wages, supply of warm clothing and similar other matters, as are not inconsistent with the provisions of any law for the time being in force relating to merchant shipping. (5) If a master enters into an agreement with any seaman for a scale of provisions less than the prescribed scale, he shall, for each offence, be punishable with fine which may extend to ten thousand Taka.",
"name": "Forms and contents of the agreement",
"related_acts": "",
"section_id": 111
},
{
"act_id": 642,
"details": "114. If the master of a ship, not being a Bangladesh ship, has an agreement with the crew made in due form according to the law of the port at which she is registered or in which her crew were engaged and engages a single seaman, not being a Bangladeshi seaman, in any port in Bangladesh, the seaman may sign the agreement so made, and it shall not be necessary for him to sign an agreement under this Ordinance.",
"name": "Engagement in Bangladesh of single seaman for foreign ship",
"related_acts": "",
"section_id": 112
},
{
"act_id": 642,
"details": "115. (1) The following provisions shall have effect with respect to the agreements with the crew made in Bangladesh in the case of Bangladesh foreign-going ships, namely:- (a)\tthe agreement shall, subject to the provisions of this Ordinance as to substitutes, be signed by each seaman in the presence of a Shipping Master; (b)\tthe Shipping Master shall cause the agreement to be read over and explained to each seaman, in a language understood by him, or shall otherwise ascertain that each seaman understands the same before he signs it, and shall attest each signature; (c)\twhen the crew is first engaged, the agreement shall be signed in duplicate, and one part shall be retained by the Shipping Master, and the other part shall be delivered to the master, and shall contain a special place or form for the descriptions and signatures of substitutes or persons engaged subsequently to the first departure of the ship; (d)\twhen a substitute is engaged in the place of a seaman who had duly signed the agreement and whose services are lost within twenty-four hours of the ship's putting to sea by desertion, death, or other unforeseen cause, the engagement shall, if practicable, be made before a Shipping Master, and if not practicable, the master shall, before the ship puts to sea, if practicable, and, if not, as soon afterwards as possible, cause the agreement to be read over and explained to the substitute, and the substitute shall thereupon sign the same in the presence of a witness, who shall attest the signature; (e)\tthe agreement may be made for a voyage of the ship or, if the voyages of the ship average less than six months in duration, may, subject to the provisions of sub-section (2), be made to extend over two or more voyages and agreements so made are in this Ordinance referred to as running agreements; (f)\ton every return to a port or place in Bangladesh before the final termination of a running agreement, the master shall discharge or engage before Shipping Master at such port or place any seaman whom he is required by law so to discharge or engage, and shall upon every such return endorse on the agreement a statement that no such discharges or engagements have been made or are intended to be made before the ship leaves such port or place or, as the case may be, that all those made have been made as required by law; and (g) \tthe master shall deliver the running agreement so endorsed to the Shipping Master, and the Shipping Master shall, if the provisions of this Ordinance relating to agreements have been complied with, sign the endorsement and return the agreement to the master. (2) A running agreement shall not extend beyond the expiration of the period of six months from the date on which it was executed, or beyond the first arrival of the ship at her port or place of destination in Bangladesh after the expiration of that period, or beyond the discharge of cargo consequent upon such arrival, whichever of these dates shall be the latest: Provided that no such agreement shall continue in force if, after the expiration of the period of six months from the date on which it was executed, the ship proceeds on a voyage from a port or place outside Bangladesh to any other such port or place which is not on the direct route or a customary route to her port or place of destination in Bangladesh: Provided further that every such agreement shall, in addition to any other particulars required by law, contain such stipulations as the Government may direct for the discharge of the crew and payment of their wages, for securing their return to the port or place at which they were shipped or to some other port or place in Bangladesh, and for other purposes, on the termination of the agreement at a port or place outside Bangladesh under the foregoing proviso. (3) If any master wilfully makes a false statement in any such endorsement as is referred to in clause (f) of sub section (1), she shall, for each offence, be punishable with fine which may extend to five thousand Taka.",
"name": "Special provisions with regard to agreements with crew of Bangladesh foreign-going ships",
"related_acts": "",
"section_id": 113
},
{
"act_id": 642,
"details": "116. (1) When a running agreement has been made with the crew of a Bangladesh foreign going ship and the ship arrives after the expiration of a period of six months from the date on which it was executed at a port or place of destination in Bangladesh which is not the port or place at which the crew have agreed to be discharged, the master may, with the previous sanction of the Shipping Master, renew the agreement with the crew, or be required by the Shipping Master so to renew the agreement for the voyage from such port or place of destination to the port or place in Bangladesh at which the crew have agreed to be discharged. (2) If the master of the ship is required by the Shipping Master to renew the agreement as aforesaid and refuses so to renew it, any expenses which may be incurred by the Government in respect of the subsistence of the crew and their repatriation to the port or place at which they have agreed to be discharged shall be a charge upon the master of the ship.",
"name": "Renewal of running agreements in certain cases",
"related_acts": "",
"section_id": 114
},
{
"act_id": 642,
"details": "117. The following provisions shall have effect with respect to the agreements with crew of home trade ships or coasting ships for which an agreement with the crew is required under this Ordinance, namely:- (a)\tan agreement for service in a home trade ship or a coasting ship for which an agreement is required by section 112, not being a ship engaged exclusively on the work of any harbour, pilotage or local authority, shall be made for a single ship and signed by the crew engaged before the Shipping Master as provided in this Ordinance for foreign-going ships; and such agreement may be made for a period of six months, the agreement being terminable, notwithstanding the expiration of that period, at a port or place in Bangladesh: Provided that while a ship is at a port or place in Bangladesh, the master or the seaman may terminate the agreement by giving 24 hours' notice which shall not expire later than 24 hours before the ship is put to sea; (b)\tan agreement, if any, for service in a coasting ship for which an agreement is not required by section 112, shall not extend beyond the next following thirtieth day of June, or thirty first day of December or the first arrival of the ship at her final port or place of destination in Bangladesh after such date, or the discharge of cargo consequent on such arrival; (c) \tan agreement for service in two or more coasting ships belonging to the same owner may be made by the owner instead of by a master, and the provisions of this Ordinance with respect to the making of the agreement shall apply accordingly; (d) \tnotwithstanding anything contained in clause (b) or clause (c), the owner of two or more coasting ships or his agent may enter into time agreements in the form sanctioned by the Government with individual seaman to serve in any one or more such ships belonging to such owner and such agreements may extend beyond the next following thirtieth day of June, or thirty first day of December.",
"name": "Special provisions as to agreements with crew of home trade or coasting ships",
"related_acts": "",
"section_id": 115
},
{
"act_id": 642,
"details": "118. (1) The master of every Bangladesh ship, the crew of which has been engaged before a Shipping Master, shall, before finally leaving Bangladesh, sign and send to the nearest Shipping Master a full and accurate statement in the form sanctioned by the Government, of every change which takes place in his crew before finally leaving Bangladesh and that statement shall be admissible in evidence. (2) Nothing in sub section (1) shall be construed as enabling the master to engage, except in accordance with the other provisions of this Ordinance, any seaman as an additional member of the crew. (3) If any master fails without reasonable cause to comply with the requirements of sub section (1), he shall, for each offence, be punishable with fine which may extend to five thousand Taka.",
"name": "Changes in crew to be reported",
"related_acts": "",
"section_id": 116
},
{
"act_id": 642,
"details": "119. (1) In the case of a Bangladesh foreign going ship or a Bangladesh home-trade ship, on the due execution of an agreement with the crew in accordance with this Ordinance, and also when, in the case of a Bangladesh foreign going ship, the agreement is a running agreement, on compliance by the master, before the second and every subsequent voyage made after the first commencement of the agreement, with the provisions of this Ordinance respecting that agreement, the Shipping Master shall grant the master of the ship a certificate to that effect. (2) The master of every such ship as aforesaid shall, before proceeding to sea, produce that certificate to the Collector of Customs, whose duty it is to grant a port clearance and the ship may be detained until the certificate is produced. (3) The master of such ship shall, within forty-eight hours after the ship's arrival at the port or place where the crew is to be discharged, deliver such agreement to a Shipping Master at that port or place; and the Shipping Master shall thereupon give to the master a certificate to that effect; and the Collector of Customs shall not clear any such ship inwards without the production of such certificate. (4) If any master fails, without reasonable cause, to comply with any of the provisions of this section, he shall, for each offence, be punishable with fine which may extend to five thousand Taka.",
"name": "Certificate as to agreement with crew of foreign going and home trade ships",
"related_acts": "",
"section_id": 117
},
{
"act_id": 642,
"details": "120. (1) The master or owner of a Bangladesh coasting ship for which an agreement with the crew is required under this Ordinance shall, within twenty one days after the thirtieth day of June, and the thirty first day of December in every year, or, if the ship is not at any port or place in Bangladesh within that period, within forty eight hours of her next arrival at a port or place in Bangladesh, deliver to a Shipping Master in Bangladesh every agreement made within the six months next preceding such days respectively. (2) The Shipping Master, on receiving such agreement, shall give the master or owner of the ship a certificate to that effect; and the Collector of Customs shall not grant a port clearance for any such ship without production of the certificate, and, if any such ship attempts to go to sea without such clearance, the Collector of Customs may detain her until the certificate is produced. (3) Any master or owner who fails, without reasonable cause, to comply with any of the provisions of this section shall, for each offence, be punishable with fine which may extend to five thousand Taka.",
"name": "Certificate as to agreements with crew of coasting ships",
"related_acts": "",
"section_id": 118
},
{
"act_id": 642,
"details": "121. (1) The master shall, at the commencement of every voyage or engagement, cause a legible copy of the agreement with the crew and, if necessary, a translation thereof in a language understood by the majority of the crew (omitting the signatures), to be placed or posted up in such part of the ship as is accessible to the crew. (2) Any master who fails without reasonable cause to comply with the provisions of sub section (1) shall, for each offence, be punishable with fine which may extend to five thousand Taka.",
"name": "Copy of agreement with crew to be made accessible to the crew",
"related_acts": "",
"section_id": 119
},
{
"act_id": 642,
"details": "122. Every erasure, interlineation or alteration in any agreement with the crew, except additions made for the purpose of shipping substitutes or persons engaged subsequently to the first departure of the ship, shall be wholly inoperative, unless proved to have been made with the consent of all the persons interested in such erasure, interlineation or alteration by the written attestation, if made in Bangladesh, of some Shipping Master, or, if made elsewhere, of a Bangladesh Consular Officer.",
"name": "Alteration in agreement with the crew",
"related_acts": "",
"section_id": 120
},
{
"act_id": 642,
"details": "123. (1) The master or owner of every Bangladesh ship, not being a ship engaged exclusively on the work of any harbour, pilotage or local authority, and the master of every ship, other than a Bangladesh ship, while in a port or place in Bangladesh, shall make out and sign a list, in this Ordinance referred to as the List of Crew, in such form and containing such particulars as may be prescribed; and different forms may be prescribed for different classes of ships. (2) The List of Crew relating to a ship, except a Bangladesh coasting ship, shall be delivered to the Shipping Master at the port or place where the ship happens to be, as soon after arrival as possible and before departure. (3) The List of Crew relating to a Bangladesh coasting ship shall be delivered or transmitted by the master or owner to some Shipping Master in Bangladesh on, or within twenty one days after, the thirtieth day of June and the thirty first day of December in each year; and the Shipping Master shall give to such master or owner a certificate of such delivery or transmission, and such ship may be detained, and shall not be cleared inwards by the Collector of Customs, until the certificate is produced. (4) Any master or owner who fails without reasonable cause to comply with any of the provisions of this section shall, for each offence, be punishable with fine which may extend to five thousand Taka.",
"name": "List of crew to be furnished to Shipping Masters",
"related_acts": "",
"section_id": 121
},
{
"act_id": 642,
"details": "124C. (1) if a seaman is guilty of realising salary or other benefits from the Master or owner of a foreign ship in excess of those admissible to him under the governing agreement in violation of provision of sub section (2) of section 124A, or if he is found guilty of desertion, he shall be liable to be tried in summary way and the excess amount realised or, as the case may be, the actual cost spent for his repatriation shall be recovered from the seaman as a public demand. (2) The amount recovered on account of excess salary or other benefit shall be refunded to the person from whom it was realised.",
"name": "Recovery of excess salary, repatriation cost, etc.",
"related_acts": "",
"section_id": 122
},
{
"act_id": 642,
"details": "124. (1) When the master of a ship, other than a Bangladesh ship, being at a port or place in Bangladesh, or the owner's agent in Bangladesh of such ship, engages any Bangladeshi seamen to proceed to any port or place outside Bangladesh he shall enter into an agreement with every such seaman, and the agreement shall be made before a Shipping Master in the manner provided by this Ordinance for the making of agreements in the case of Bangladesh foreign going ships. (2) All the provisions of this Ordinance respecting the form of such agreements and the stipulations to be contained in them, and the making and signing of the same, shall be applicable to the engagement of such seamen: Provided that any such dispute as is referred to in sub section (3) of section 113 shall not be referred to the Bangladesh Consular Officer if such reference is contrary to the rules of International Law. (3) The master of such ship shall give to the Shipping Master a bond in the prescribed form with the prescribed security for every such seaman engaged by him in Bangladesh and conditioned for the due performance of such agreement and stipulations, and for the repayment to the Government of all expenses which may be incurred by the Government in respect of any such seamen who is discharged or left behind at any port or place outside Bangladesh and becomes distressed and is relieved under the provisions of this Ordinance: Provided that the Government may waive the execution of such bond where the owner of the ship has an agent at any port in Bangladesh and such agent accepts liability in respect of all matters for which the master of the ship would be liable if he were to execute the bond or may accept from the agent such security as it may consider appropriate. (4) The fees prescribed for the purpose shall be payable in respect of every such engagement and deductions from the wages of a seaman so engaged may be made to the extent and in the manner allowed under this Ordinance. (5) If the master of a ship other than a Bangladesh ship engages such a seaman in Bangladesh otherwise than in accordance with the provisions of this section, he shall, for each offence, be punishable with fine which may extend to ten thousand Taka.",
"name": "Engagement of seamen for ships other than Bangladesh ships",
"related_acts": "",
"section_id": 123
},
{
"act_id": 642,
"details": "124A. (1) If a Master of a foreign ship, who has entered into an agreement with a Bangladeshi seaman under sub section (1) of section 124, which shall be deemed to be the governing agreement between the Master of the ship and the seaman, requires the seaman to sign an agreement to meet the requirements of the law of the country of registration of the ship, the seaman shall sign such agreement. (2) Notwithstanding any provisions relating to the salary and other benefits admissible to the seaman in the agreement signed or entered into under sub-section (1), the seaman shall be entitled to such salary and other benefits admissible under the governing agreement and the provision relating thereto in the subsequent agreement shall have no effect. (3) Any seaman claiming or demanding the salary or other benefits from the Master or owner of a foreign ship on the basis of any agreement, other than the governing agreement during its continuance in force, shall be tried and be punished under section 124B.",
"name": "Agreement to meet legal requirements of the country of Registration of the ship",
"related_acts": "",
"section_id": 124
},
{
"act_id": 642,
"details": "124B. (1) If a Bangladeshi seaman engaged under sub section (1) of 124 refuses to sign or enter into an agreement required by sub section (1) of section 124A, he shall be liable to imprisonment for a term which may extend to one year, or with fine which may extend to Taka fifteen thousand, or with both. (2) If a Bangladeshi seaman engaged under sub section (1) of section 124 breaks or attempts to break, whether in a port or place in or outside Bangladesh, an agreement made under sub section (1) of section 124A, he shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to Taka fifteen thousand, or with both, and his Registration as seaman shall also be liable to be cancelled. (3) If he claims or demands salary or other benefits in excess of the salary or other benefits admissible to him under the governing agreement in violation of provision of sub section (2) of section 124A, he shall be liable to imprisonment for a term which may extend to one year, or with fine which may extend to Taka fifteen thousand.",
"name": "Penalties for violating provisions of Sec. 124A",
"related_acts": "",
"section_id": 125
},
{
"act_id": 642,
"details": "125. (1) When the master of a Bangladesh ship engages a seaman at any port or place outside Bangladesh, the provisions of this Ordinance respecting agreements with the crew made in Bangladesh shall apply subject to the following modifications, that is to say:- (a) \tthe master shall, before carrying the seaman to sea, procure the sanction of a Bangladesh Consular Officer, and shall, if not contrary to any law in force in that port or place, engage the seaman before that officer; and (b) \tthe master shall request such Consular Officer to endorse upon the agreement an attestation to the effect that it has been signed in his presence and otherwise made as required by this Ordinance, and that it has his sanction, and if the attestation is not made, the burden of proving that the engagement was made as required by this Ordinance shall lie upon the master. (2) As soon as may be after a seaman has been engaged under sub section (1), the master shall sign and send to the Shipping Master before whom the crew was engaged a full and accurate statement, in the form sanctioned by the Government, of the seaman so engaged. (3) If a master fails to comply with any of the provisions of this section, he shall, for each offence, be punishable with fine which may extend to five thousand Taka.",
"name": "Engagement of seaman outside Bangladesh",
"related_acts": "",
"section_id": 126
},
{
"act_id": 642,
"details": "126. The Government or an officer authorised by it in this behalf may, by order in writing, stating the reasons thereof, prohibit any person from engaging, in Bangladesh or in any specified part thereof, any Citizen of Bangladesh or any person domiciled in Bangladesh to serve as a seaman on any ship specified in such order.",
"name": "Power to prohibit engagement of Bangladeshi seamen",
"related_acts": "",
"section_id": 127
},
{
"act_id": 642,
"details": "127. (1) For the purpose of preventing seamen from being taken on board any ship at any port in Bangladesh contrary to the provisions of this Ordinance, any Shipping Master may enter at any time on board any such ship upon which he has reason to believe that seamen have been shipped, and may muster and examine the several seamen employed therein. (2) If the master or any other person obstructs any Shipping Master in the execution of his duty under this section, he shall, for each offence, be punishable with fine which may extend to five thousand Taka.",
"name": "Power to board ships and muster seamen",
"related_acts": "",
"section_id": 128
},
{
"act_id": 642,
"details": "128. If any person- (a)\tforges any Continuous Discharge Certificate or a certificate of fitness, or a copy of any such certificate, or (b)\tfraudulently alters any entry in any Continuous Discharge Certificate or a certificate of fitness, or (c)\tfraudulently uses any Continuous Discharge Certificate or certificate of fitness which is forged or altered or does not belong to him, he shall, for each offence, be punishable with imprisonment for a term which may extend to two years, or with fine, which may extend to fifteen thousand Taka, or with both.",
"name": "Forged Continuous Discharge Certificate, etc.",
"related_acts": "",
"section_id": 129
},
{
"act_id": 642,
"details": "129. The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Chapter.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 130
},
{
"act_id": 642,
"details": "130. (1) When a seaman serving in a foreign going ship or home trade ship is, on the termination of his engagement, discharged in Bangladesh, he shall, whether the agreement with the crew be an agreement for the voyage or a running agreement, be discharged in the manner provided by this Ordinance in the presence of a Shipping Master. (2) The provisions of sub section (1) shall apply in relation to the discharge of seamen serving in any Bangladesh coasting ship for which an agreement is required under this Ordinance as they apply in relation to the discharge of seamen serving in foreign going ship or home trade ship: Provided that this sub section shall not apply where a seaman is discharged from a ship under an agreement made in accordance with section 117 for service in two or more ships for the purpose of being engaged in another ship to which the agreement related. (3) If the master or owner of a Bangladesh coasting ship for which an agreement with the crew is not required under this Ordinance so desires, the seamen of that ship may be discharged in the same manner as seamen discharged from a foreign going ship or home trade ship. (4) If any master, owner or owners' agent acts in contravention of any of the provisions of this section, he shall, for each offence, be punishable with fine which may extend to five thousand Taka.",
"name": "Discharge of seamen to be before Shipping Master",
"related_acts": "",
"section_id": 131
},
{
"act_id": 642,
"details": "131. (1) If a seaman is discharged from a ship in Bangladesh, either on his discharge or on payment of his wages, the master shall enter in the Continuous Discharge Certificate of the seaman, under his signature, particulars specifying the period of the seaman's service and the date and place of his discharge. (2) The master shall, upon the discharge of every Certificated Officer whose Certificate of Competency has been delivered to and retained by him, return the Certificate to the officer. (3) If a master acts in contravention of sub section (1), or fails, without reasonable cause, to return the Certificate of Competency to the officer concerned as required by sub section (2), he shall, for each offence, be punishable with fine which may, in the former case, extend to one thousand Taka and in the latter to five hundred Taka.",
"name": "Entries to be made in Continuous Discharge Certificate and return of Certificates of Competency to officers on discharge",
"related_acts": "",
"section_id": 132
},
{
"act_id": 642,
"details": "132. (1) When a seaman is discharged from a ship in Bangladesh, the master shall furnish to the Shipping Master before whom the discharge is made a report in the prescribed form stating - (a)\tthe quality of the work of the seaman, (b)\this conduct and character on board, (c)\twhether the seaman has fulfilled his obligation under the agreement with the crew, (d)\tthat he declines to express an opinion on all or any of these particulars, and the master shall, if the seaman so desires, endorse on his Continuous Discharge Certificate a copy of such report which shall be verified by the Shipping Master. (2) If the master states that he declines to express an opinion on all or any of the particulars mentioned in sub section (1), he shall enter in the official log book in the presence of a Certificated Officer, his reasons for so declining. (3) If the master fails to comply with the provisions of this section, he shall be punishable with fine which may extend to five thousand Taka.",
"name": "Report to Shipping Master as to work of seamen, etc.",
"related_acts": "",
"section_id": 133
},
{
"act_id": 642,
"details": "133. (1) When the master of a Bangladesh ship discharges a seaman at any port or place outside Bangladesh, except at a port or place in a country in which the seaman was engaged, the provisions of this Ordinance respecting the discharge of seamen in Bangladesh shall apply subject to the following modifications, that is to say- (a)\tat a port or place having a Bangladesh Consular Officer,- (i)\tthe master shall not discharge a seaman except with the previous sanction of the Bangladesh Consular Officer endorsed on the agreement with the crew, nor, unless the law in force at such port or place prohibits it, otherwise than in the presence of that officer; (ii)\tthe Bangladesh Consular Officer to whom an application is made for sanction under sub clause (i) shall examine the grounds on which the seaman is proposed to be discharged, and may grant or refuse sanction as he thinks just, but shall not unreasonably refuse such sanction; and (iii) if a copy of the report referred to in sub section (1) of section 132 is endorsed on the seaman's Continuous Discharge Certificate, the Bangladesh Consular Officer shall verify the same; and (b)\tat a port or place where there is no Bangladesh Consular Officer, the master may himself, if not contrary to any law in force in such port or place, discharge a seaman and, shall, if the seaman so desires, endorse on his Continuous Discharge Certificate the report referred to in sub section (1) of section 132. (2) As soon as may be after a seaman has been discharged under sub section (1), the master shall sign and send to the Shipping Master before whom the crew was engaged a full and accurate statement of the seaman so discharged in the form sanctioned by the Government. (3) If a master acts in contravention of this section, he shall, for each offence, be punishable with imprisonment for a term which may extend to one year, or with fine, which may extend to ten thousand Taka or with both.",
"name": "Discharge of seamen abroad",
"related_acts": "",
"section_id": 134
},
{
"act_id": 642,
"details": "134. (1) Where a Bangladesh ship is transferred or disposed of at any port or place outside Bangladesh, every seaman and apprentice belonging to that ship shall be discharged at that port or place, unless the seaman or apprentice consents in writing in the presence of the Bangladesh Consular Officer to complete the voyage of the ship, if continued. (2) Where a seaman or apprentice is so discharged, the provisions of this Ordinance as to Continuous Discharge Certificate and the repatriation of the seaman or apprentice to a proper return port shall apply as if the service of the seaman or apprentice had terminated otherwise than by the consent of the seaman to be discharged during the currency of the agreement.",
"name": "Discharge of seamen and apprentices on charge of owner ship",
"related_acts": "",
"section_id": 135
},
{
"act_id": 642,
"details": "135. (1) Where a seaman is transferred under his agreement from one ship to another, the master of the ship from which the seaman is transferred shall, as soon as practicable, transmit to the master of the other ship all documents in his possession relating to the seaman. (2) If the master fails without reasonable cause to comply with sub section (1), he shall, for each offence, be punishable with fine which may extend to five thousand Taka.",
"name": "Transmission of documents on transfer of seaman from one ship to another",
"related_acts": "",
"section_id": 136
},
{
"act_id": 642,
"details": "136. (1) When the service of a seaman or apprentice terminates, without the consent of the seaman or apprentice, at a port or place outside Bangladesh, and before the expiration of the period for which the seaman was engaged or the apprentice was bound, the master or owner of the ship shall, in addition to any other relative obligation imposed on either of them by this Ordinance, make adequate provision for the maintenance of the seaman or apprentice according to his rank or rating, and for the return of that seaman or apprentice to a proper return port. (2) If the master or owner fails without reasonable cause, to comply with sub section (1), the expenses of maintenance and of the journey to the proper return port shall, if defrayed by the seaman or apprentice, be recoverable as wages due to him and if defrayed by a Bangladesh Consular Officer, be regarded as expenses falling within the provisions of sub section (2) of section 175: Provided that inability to provide the said expenses shall not, for the purposes of this sub section, be regarded as reasonable cause.",
"name": "Repatriation of seaman and apprentice on termination of service abroad",
"related_acts": "",
"section_id": 137
},
{
"act_id": 642,
"details": "137. (1) The master of a ship shall not discharge at any port or place in Bangladesh a seaman or apprentice shipped outside Bangladesh, unless he previously obtains sanction in writing of a Shipping Master, but such sanction shall not be refused when the seaman or apprentice is discharged on the expiration of the period for which the seaman was engaged or the apprentice was bound. (2) Subject to the provisions of sub section (1), the sanction under that sub-section may be given or refused at the discretion of the Shipping Master, but whenever it is refused, the reasons for so refusing it shall be recorded by him.",
"name": "Leaving behind in Bangladesh of seaman or apprentice shipped abroad",
"related_acts": "",
"section_id": 138
},
{
"act_id": 642,
"details": "138. (1) The master of a Bangladesh ship shall not leave a seaman or apprentice behind at any port or place outside Bangladesh, except where the seaman or apprentice is discharged in accordance with this Ordinance unless he previously obtains from the Bangladesh Consular Officer a certificate endorsed on the agreement with the crew and stating the cause of the seaman or a apprentice being left behind. (2) The Bangladesh Consular Officer to whom an application is made for a certificate under sub section (1) shall examine the grounds on which the seaman or apprentice is to be left behind, and may grant or refuse the certificate as he thinks just, but shall not unreasonably refuse such certificate. (3) As soon as may be after a seaman or apprentice is left behind under sub-section (1),the master shall sign and send to the Shipping Master before whom the crew was engaged a full and accurate statement of the seaman or apprentice so left behind in the form sanctioned by the Government. (4) If a master acts in contravention of any of the provisions of this section, he shall, for each offence, be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to ten thousand Taka, or with both.",
"name": "Leaving behind seaman or apprentice by masters of Bangladesh ships abroad",
"related_acts": "",
"section_id": 139
},
{
"act_id": 642,
"details": "139. (1) If a seaman or apprentice belonging to a Bangladesh ship is left behind at any port or place outside Bangladesh, the master of the ship shall enter in the official log book a statement of the amount due to the seaman or apprentice in respect of wages at the time when he was left behind and of all property left on board by him, and shall take such property into his charge. (2) Within forty eight hours after the arrival of the ship at the port in Bangladesh at which the voyage terminates, the master shall deliver to the Shipping Master- (a)\ta statement of the amount due to the seaman or apprentice in respect of wages, and of all property left on board by him, and (b)\ta statement, with full particulars, of any expenses that may have been caused to the master or owner of the ship by the absence of the seaman or apprentice, where the absence is an offence punishable under section 196, and if required by the Shipping Master to do so, shall furnish such vouchers as are reasonably required to verify the statements. (3) The master shall, at the time when he delivers the statements referred to in sub section (2) to the Shipping Master, also deliver to him the amount due to the seaman or apprentice in respect of wages and the property that was left on board by him and the Shipping Master shall give to the master a receipt therefore in the prescribed form. (4) The master shall be entitled to be reimbursed out of the wages or property referred to in clause (a) of sub section (2) such expenses shown in the statement referred to in clause (b) of that sub section as appear to the Shipping Master to be property chargeable.",
"name": "Wages and other property of seaman or apprentice left behind by Bangladesh ships abroad",
"related_acts": "",
"section_id": 140
},
{
"act_id": 642,
"details": "140. The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Chapter.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 141
},
{
"act_id": 642,
"details": "141. (1) The master of every ship shall, before paying off or discharging a seaman under this Ordinance, deliver at the time and in the manner provided by this Ordinance a full and true account in a form sanctioned by the Government of the seaman's wages and of all deductions to be made therefrom on any account whatsoever. (2) The said account shall be delivered- (a) \twhere the seaman is not discharged before the Shipping Master, to the seaman himself not less than twenty four hours before his discharge or payment off ; and (b) \twhere the seaman is to be discharged before the Shipping Master, either to the seaman himself, at or before the time of his leaving the ship, or to the Shipping Master not less than twenty four hours before the discharge or payment off. (3) If the master of a ship fails, without reasonable cause, to comply with this section, he shall, for each offence, be punishable with fine which may extend to five hundred Taka.",
"name": "Master to deliver account of wages",
"related_acts": "",
"section_id": 142
},
{
"act_id": 642,
"details": "142. (1) A deduction from the wages of a seaman shall not be allowed unless it is included in the account delivered in pursuance of this Ordinance except in respect of a matter happening after the delivery. (2) The master shall, during the voyage, enter the various matters in respect of which the deductions are made, with the amount of the respective deductions as they occur, in a book to be kept for that purpose, and shall, if required, produce the book at the time of the payment of wages and also upon the hearing before any competent authority of any complaint or question relating to that payment.",
"name": "Deductions from wages of seamen",
"related_acts": "",
"section_id": 143
},
{
"act_id": 642,
"details": "143. (1) Where the master of a ship disrates a seaman he shall forthwith enter or cause to be entered in the official log book a statement of the disrating and furnish the seaman with a copy of the entry; and any reduction of wages consequent of the disrating shall not take effect until the entry has been so made and the copy so furnished. (2) Any reduction of wages consequent on the disrating of a seaman shall be deemed to be a deduction from wages within the meaning of sections 141 and 142.",
"name": "Disrating of seamen",
"related_acts": "",
"section_id": 144
},
{
"act_id": 642,
"details": "144. (1) Notwithstanding anything contained elsewhere in this Ordinance, or in any other law for the time being in force, a deduction may be made from the wages of a seaman either monthly or at the end of a voyage as applicable in each case, on account of provident fund, pension, social insurance, gratuity or any other fund approved by the Government for the purpose. (2) The Government may make rules with regard to the manner in which the deductions from the wages may be made and the amount of such deductions for the purposes of such fund, and the collection, deposit, withdrawal, administration, disbursement, expenditure and other ancillary matters relating thereto.",
"name": "Deduction on account of provident fund, etc.",
"related_acts": "",
"section_id": 145
},
{
"act_id": 642,
"details": "145. (1) Where a seaman is discharged before a Shipping Master in Bangladesh, the master or owner of the ship shall pay the wages of the seaman through, or in the presence of, the Shipping Master unless a competent Court otherwise directs; and in such a case, if the master or owner pays the wages in any other manner, he shall, for each offence, be punishable with fine which may extend to two thousand Taka. (2) If the master or owner of a home trade ship of less than two hundred tons gross so desires, he may pay the wages of the seaman of that ship in the same manner as a seaman discharged from a foreign going ship is paid.",
"name": "Payment of wages before Shipping Master",
"related_acts": "",
"section_id": 146
},
{
"act_id": 642,
"details": "146. (1) The master or owner of every ship discharging a seaman under this Ordinance shall pay to every seaman his wages within five days of the seaman's discharge and the seaman shall at the time of his discharge be entitled to be paid on account a sum equal to one fourth part of the balance due to him. (2) If the seaman consents, the final settlement of his wages may be left to the Shipping Master, and the receipt of the Shipping Master shall in that case operate as if it were a release given by the seaman in accordance with this Chapter. (3) In the event of the seaman's wages or any part thereof, not being settled under sub section (2), then, unless the delay is due to the act or default of the seaman, or to any reasonable dispute as to liability or to any other cause not being the wrongful act or default of the owner or master, the seaman's wages shall continue to run and be payable until the time of the final settlement thereof. (4) Except in a case where final settlement of wages is left to a Shipping Master under sub section (2), if a master or owner fails without reasonable cause to make payment as required by sub section (1), he shall pay to the seaman such sum not exceeding the amount of two days' pay for each of the days during which the payment is delayed as may be decided by the Shipping Master in each case. (5) Any sum payable under sub section (4) may be recovered from the master or owner as wages.",
"name": "Time of payment of wages",
"related_acts": "",
"section_id": 147
},
{
"act_id": 642,
"details": "147. (1) Where a seaman is discharged, and the settlement of his wages completed before a Shipping Master, he shall sign in the presence of the Shipping Master a release in a form sanctioned by the Government of all claims in respect of the past voyage or engagement, and the release shall also be signed by the master or owner of the ship and attested by the Shipping Master. (2) The release so signed and attested shall be retained by the Shipping Master and shall operate as a mutual discharge and settlement of all demands between the parties thereto in respect of the past voyage or engagement. (3) A copy of the release, certified under the hand of the Shipping Master to be a true copy, shall, on payment of the prescribed fee, be given by him to any party thereto requiring the same, and such copy shall be receivable in evidence upon any future question touching such claims, and shall have all effect of the original of which it purports to be a copy. (4) Where the settlement of a seaman's wages is by this Ordinance required to be completed through, or in the presence of a Shipping Master, no payment, receipt or settlement made otherwise than in accordance with this Ordinance shall operate or be admitted as evidence of the release or satisfaction of claim. (5) Upon any payment being made by a master before a Shipping Master, the Shipping Master shall, if required, sign and give to the master a statement of the whole amount so paid, and this statement, shall, as between the master and his employer, be admissible as evidence that the master has made the payments therein mentioned. (6) Notwithstanding anything contained in the preceding sub sections, a seaman may except from the release signed by him any specified claim or demand against the master or owner of the ship, and a note of any claim or demand so excepted shall be entered upon the release; and the release shall not operate as a discharge and settlement of any claim or demand so noted nor shall sub section (4) apply to any such claim or demand.",
"name": "Settlement of wages",
"related_acts": "",
"section_id": 148
},
{
"act_id": 642,
"details": "148. (1) Where under the agreement with the crew any dispute arises at any port in Bangladesh between the master, owner or agent of a ship and any of the crew of the ship, it shall be submitted to the Shipping Master,- (a) \tWhere the amount in dispute does not exceed five hundred Taka, at the instance of either party to the dispute; and (b) \tin any other case, if both parties to the dispute agree in writing to submit the dispute to the Shipping Master. (2) The Shipping Master shall hear and decide the dispute so submitted and an award made by him upon the submission shall be conclusive as to the rights of the parties, and any document purporting to be submission or award shall be prima facie evidence thereof : Provided that if, in any case, the Shipping Master is of opinion that the question is one which ought to be decided by a Court of law, he may refuse to decide the dispute. (3) An award made by a Shipping Master under this section may be enforced by a Magistrate in the same manner as an order for the payment of wages made by Magistrate under this Ordinance. (4) Nothing in the Arbitration Act, 1940 (X of 1940), shall apply to any matter submitted to a Shipping Master for decision under this section.",
"name": "Decision on disputes by Shipping Masters",
"related_acts": "",
"section_id": 149
},
{
"act_id": 642,
"details": "149. (1) In any proceedings under this Ordinance before a Shipping Master relating to the wages, claims or discharge of a seaman, the Shipping Master may require the owner or his agent or the master or any mate or other member of the crew to produce any log books, papers, or other documents in his possession or power relating to any matter in question in the proceedings, and may require the attendance of and examine on the matter any of those persons being then at or near the place. (2) If any person so required fails, without reasonable cause, to comply with the requisitions, he shall, for each offence, be punishable with fine which may extend to five thousand Taka.",
"name": "Power of Shipping Master to require production of ships’ papers",
"related_acts": "",
"section_id": 150
},
{
"act_id": 642,
"details": "150. Where a seaman or apprentice has agreed with the master of a ship for payment of his wages in Bangladesh or other currency, any payment, of, or on account of, his wages, if made in any currency other than that stated in the agreement shall, notwithstanding anything contained in the agreement, be made at the rate of exchange for the time being current at the place where the payment is made.",
"name": "Rate of exchange for payment to seaman in a currency other than the currency as stated in the agreement",
"related_acts": "",
"section_id": 151
},
{
"act_id": 642,
"details": "151. A seaman's right to wages and provisions shall be taken to begin either at the time at which he commences work or at the time specified in the agreement for his commencement of work or presence on board, whichever first happens.",
"name": "Right to wages and provisions",
"related_acts": "",
"section_id": 152
},
{
"act_id": 642,
"details": "152. (1) The right to wages shall not depend on the earning of freight, and every seaman and apprentice who would be entitled to demand and recover any wages if the ship in which he has served had earned freight, shall, subject to any other laws, rules and conditions applicable to the case, be entitled to demand and recover the same notwithstanding that freight has not been earned; but in all cases of wreck or loss of the ship, proof that the seaman has not exerted himself to the utmost to save the ship, cargo and stores shall bar his claim to wages. (2) Where a seaman or apprentice, who would but for death be entitled by virtue of this section to demand and recover any wages, dies before the wages are paid, they shall be paid and applied in manner provided by this Ordinance with respect to the wages of a seaman who dies during a voyage.",
"name": "Wages not to depend on freight",
"related_acts": "",
"section_id": 153
},
{
"act_id": 642,
"details": "153. (1) Where the service of any seaman engaged under this Ordinance terminates before the date contemplated in the agreement by reason of the wreck, loss or abandonment of the ship or by reason of his being left on shore at any place outside Bangladesh under a certificate granted under this Ordinance of his unfitness or inability to proceed on the voyage, the seaman shall be entitled to receive,- (a)\tin the case of wreck, loss or abandonment of the ship,- (i)\twages at the rate to which he was entitled at the date of termination of his service for the period from the date his service is so terminated until he is returned to and arrives at a proper return port, or for a period of two months, whichever be longer; and (ii)\tcompensation, being not less than two months' wages, for the loss of his effects; and (b)\tin the case of unfitness or inability to proceed on the voyage, wages for the period from the date his service is terminated until he is returned to and arrives at a proper return port subject to such limits as may be prescribed. (2) A seaman shall not be entitled to receive any wages under sub-clause (i) of clause (a) of sub-section (1) if he declines to avail himself of the repatriation arrangements made by or on behalf of the owner and approved by the Bangladesh Consular Officer concerned, nor shall a seaman be entitled to receive such wages in respect of any period during which- (a)\the was, or could have been suitably employed, or (b)\tthrough negligence he failed to apply to the proper authority for relief as a distressed or destitute seaman. (3) This section shall apply to every person employed or engaged in any capacity on board any ship and for the time being entered on the ship's articles of agreement, and to every master, and apprentice, as it applied to a seaman.",
"name": "Wages on termination of service by wreck, illness, etc.",
"related_acts": "",
"section_id": 154
},
{
"act_id": 642,
"details": "154. A seaman or apprentice shall not be entitled to wages for any time during which he unlawfully refuses or neglects to work when so required, nor, unless the Court hearing the case otherwise directs, for any period during which he is lawfully imprisoned for any offence committed by him.",
"name": "Wages not to accrue during refusal to work or imprisonment",
"related_acts": "",
"section_id": 155
},
{
"act_id": 642,
"details": "155. If a seaman having signed an agreement is discharged, otherwise than in accordance with the terms thereof, before the commencement of the voyage or before one month's wages are earned, without fault on his part justifying that discharge and without his consent, he shall be entitled to receive from the master or owner, in addition to any wages he may have earned, due compensation for the damage caused to him by the discharge not exceeding one month's wages, and may recover that compensation as if it were wages duly earned.",
"name": "Compensation to seamen",
"related_acts": "",
"section_id": 156
},
{
"act_id": 642,
"details": "156. (1) As respects wages due or accruing to a seaman or apprentice,- (a)\tthey shall not be subject to attachment by order of any Court; (b)\tan assignment or sale thereof made prior to the accruing thereof shall not bind the person making the same; (c)\ta power of attorney or authority for the receipt thereof shall not be irrevocable; (d) \ta payment of wages shall be valid in law notwithstanding any previous sale or assignment of those wages or any attachment or encumbrance thereof. (2) The provisions of clauses (b) and (c) of sub section (1) shall not apply to so much of the wages of a seaman as have been or are hereafter assigned by way of contribution to any fund approved in this behalf by the Government, the main purpose of which is the provision of benefits for seaman; and the provisions of clauses (a) and (d) of sub section (1) shall not apply to anything done or to be done for giving effect to such an assignment. (3) Nothing in this section shall affect the provisions of this Ordinance or any other law for the time being in force with respect to allotment notes.",
"name": "Restriction on sale of and charge upon wages",
"related_acts": "",
"section_id": 157
},
{
"act_id": 642,
"details": "157. A seaman or apprentice or a person duly authorised on his behalf may, as soon as any wages due to him become payable, sue for the same in a summary manner before any Magistrate exercising jurisdiction in or near the place at which his service has terminated or at which he has been discharged, or at which any person upon whom the claim is made is or resides, and the order made by the Magistrate in the matter shall be final.",
"name": "Summary proceedings for wages",
"related_acts": "",
"section_id": 158
},
{
"act_id": 642,
"details": "158. A proceeding for the recovery of wages shall not be instituted by or on behalf of any seaman or apprentice in any Civil Court, except- (a)\twhere the owner of the ship is adjudged bankrupt or declared insolvent; (b) \twhere the ship is under arrest or is sold by the authority of any Court; or (c) \twhere a Magistrate under the authority of this Ordinance refers a claim to the Court.",
"name": "Restriction on suits for wages",
"related_acts": "",
"section_id": 159
},
{
"act_id": 642,
"details": "159. (1) Any agreement with the crew may contain a stipulation for payment to a seaman, conditional on his going to sea in pursuance of the agreement, of a sum not exceeding the amount of one month's wages payable to the seaman under the agreement. (2) Stipulations for the allotment of a seaman's wages may be made in accordance with this Ordinance. (3) Save as aforesaid, an agreement by or on behalf of the employer of a seaman for the payment of money to or on behalf of the seaman, conditional on his going to sea from any port in Bangladesh shall be void, and no money paid in satisfaction or in respect of any such agreement shall be deducted from the seaman's wages and a person shall not have any right of action, suit or set off against the seaman or his assignee in respect of any money so paid or purporting to have been so paid. (4) No seaman, who has been lawfully engaged and has received under his agreement an advance payment, shall, wilfully or through misconduct, fail to attend his ship or desert therefrom before the payment becomes really due to him and if he fails to attend his ship or deserts therefrom, he shall be liable to a fine which may extend to one thousand Taka or at the discretion of the Court, to imprisonment for a term which may extend to one month. (5) Where it is shown to the satisfaction of the Shipping Master that a seaman lawfully engaged has wilfully or through misconduct failed to join the ship, the Shipping Master may withhold any of the seaman's certificates of discharge for such period as he may think fit, and while a seaman's certificate of discharge is so withheld, the Shipping Master may refuse to furnish copies of any such certificate or certified extracts therefrom.",
"name": "Advances and allotments",
"related_acts": "",
"section_id": 160
},
{
"act_id": 642,
"details": "160. (1) Any stipulation made by a seaman at the commencement of a voyage for the allotment of any part of his wages during his absence shall be inserted in the agreement with the crew, and shall state the amounts and times of the payment to be made. (2) A seaman may require that a stipulation be inserted in the agreement for the allotment, by means of an allotment note, of any part, not exceeding two-thirds, of his wages in favour either of a relative of the seaman, or some member of his family, or a savings Bank or a fund approved by the Government, to be named in the note. (3) Allotment notes shall be in a form sanctioned by the Government.",
"name": "Regulations as to allotment notes",
"related_acts": "",
"section_id": 161
},
{
"act_id": 642,
"details": "161. (1) The owner or any agent who has authorised the drawing of an allotment note shall pay or remit to the person or persons nominated in this behalf by the seaman the amount mentioned in such note, and inform the Shipping Master that this has been done. (2) If any owner or agent fails to pay or remit as aforesaid any such amount, the Shipping Master shall demand the sums due under the allotment note, and, if the owner or agent fails to pay such sums to the Shipping Master, the Shipping Master may sue for and recover the same with cost: Provided that no such sum shall be recoverable if it is shown to the satisfaction of the Court or Magistrate trying the case that the seaman has forfeited or ceased to be entitled to the wages out of which the allotment was to have been paid, but the seaman shall be presumed to be duly earning his wages unless the contrary is shown to the satisfaction of the Court or Magistrate either by the official statement of the change in the crew caused by his absence made and signed by the master as by this Ordinance is required, or by a certified copy of some entry in the official log book to the effect that he has died or left the ship, or by a credible letter from the master of the ship to the same effect, or by such other evidence, of whatever description, as the Court or Magistrate may consider sufficient. (3) The Shipping Master on receiving any such sum as aforesaid shall pay it over to the person, bank or fund named in that behalf in the allotment note. (4) All such receipts and payment shall be entered in a book to be kept for the purpose, and all entries in the said book shall be authenticated by the signature of a Shipping Master. (5) The said book shall be at all reasonable times open to the inspection of the parties concerned.",
"name": "Payment of sums allotted",
"related_acts": "",
"section_id": 162
},
{
"act_id": 642,
"details": "162. The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Chapter.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 163
},
{
"act_id": 642,
"details": "163. (1) If any seaman or apprentice engaged on any ship, the voyage of which is to terminate in Bangladesh, dies during that voyage, the master of the ship shall immediately report the death to the Shipping Master at the port of engagement of the seaman, and take charge of any money or effects belonging to the seaman or apprentice which are on board the ship. (2) The master may, if he thinks fit, cause any effects to be sold by auction at the mast or otherwise by public auction. (3) The master shall enter in the official log book the following particulars, namely:- (a) \ta statement of the amount of money and a description of the effects; (b) \tin the case of a sale, a description of each article sold and the sum received for each; and (c) \ta statement of the sum due to the deceased for wages and of the amount of deduction, if any, to be made from the wages. (4) The said money, effects, proceeds of sale of effects, and balance of wages, are in this Ordinance referred to as the property of the seaman or apprentice.",
"name": "Master to take charge of the effects of deceased seamen",
"related_acts": "",
"section_id": 164
},
{
"act_id": 642,
"details": "164. (1) Where a seaman or apprentice dies as aforesaid and the ship before coming to a port in Bangladesh, touches and remains for more than forty eight hours at some port elsewhere, the master shall report the case to the Bangladesh Consular Officer at such port and shall give to that officer any information he requires as to the destination of the ship and probable length of the voyage. (2) The Bangladesh Consular Officer may, if he thinks it expedient, require the property of the seaman and apprentice to be delivered and paid to him and shall thereupon give to the master a receipt thereof and endorse under his hand upon the agreement with the crew such particulars with respect thereto as the Government may specify. (3) The receipt shall be produced by the master to the Shipping Master within forty eight hours after his arrival at his port of destination in Bangladesh. (4) Where a seaman or apprentice dies as aforesaid and the ship proceeds at once to a port in Bangladesh without touching and remaining as aforesaid at a port elsewhere or the Bangladesh Consular Officer does not require the delivery and payment of the property as aforesaid, the master shall, within forty eight hours after his arrival at his port of destination in Bangladesh, pay and deliver the property to the Shipping Master at that port. (5) A deduction claimed by the master in such account shall not be allowed unless verified by an entry in the official log book, and also by such vouchers, if any, as may be reasonably required by the Shipping Master. (6) A Shipping Master shall grant to a master, upon due compliance with such provisions of this section as relate to acts to be done at the port of destination, a certificate to that effect.",
"name": "Disposal of property of seaman who dies during the voyage",
"related_acts": "",
"section_id": 165
},
{
"act_id": 642,
"details": "165. (1) If the master fails to comply with the provisions of this Ordinance with respect to taking charge of the property of a deceased seaman or apprentice, or to making in the official log book the proper entries relating thereto, or to the payment or delivery of the property, he shall, notwithstanding any penalty to which he may be liable under this Ordinance, be accountable for the property to the Shipping Master as aforesaid, and shall pay and deliver the same accordingly; and shall, in addition, be punishable, for each offence, with fine not exceeding three times the value of the property not accounted for or, if such value is not ascertained, with fine which may extend to five thousand Taka. (2) The property may be recovered in the same Court and in the same manner in which the wages of seamen may be recovered under this Ordinance.",
"name": "Liability of master in respect of property of deceased seaman, etc.",
"related_acts": "",
"section_id": 166
},
{
"act_id": 642,
"details": "166. If any seaman or apprentice on a Bangladesh ship, or engaged in Bangladesh on any other ship, the voyage of which is to terminate in Bangladesh, dies at any place outside Bangladesh leaving any money or effects hereinafter referred to as the property of a deceased seaman or apprentice not on board the ship, the Bangladesh Consular Officer at or near the place shall claim and take charge of such money and other effect.",
"name": "Property of deceased seaman left abroad but not on board ship",
"related_acts": "",
"section_id": 167
},
{
"act_id": 642,
"details": "167. (1) A Bangladesh Consular Officer or a Shipping Master to whom the effects of a deceased seaman or apprentice are delivered or who takes charge of such effects under this Ordinance may, if he thinks fit, sell any of the property of a deceased seaman or apprentice delivered to him or of which he takes charge under this Ordinance and the proceeds of any such sale shall be deemed to form part of the property of the deceased seaman or apprentice. (2) Before selling any valuable comprised in the said effects, such Officer or Shipping Master shall endeavour to ascertain the wishes of the next of kin of the deceased seaman or apprentice as to the disposal of such valuables and shall, if practicable and lawful, comply with such wishes. (3) A Bangladesh Consular Officer to whom any property of a deceased seaman or apprentice is delivered or who takes charge of any such property under this Ordinance shall remit the property to the Shipping Master at the port of engagement of the deceased seaman or apprentice in such manner and shall render such accounts in respect thereof as may be prescribed.",
"name": "Dealing with property of deceased seamen",
"related_acts": "",
"section_id": 168
},
{
"act_id": 642,
"details": "168. (1) Where a seaman or apprentice is lost with the ship to which he belongs, the Government or such Officer as the Government may appoint in this behalf, may recover the wages and the compensation due to him from the owner, master or agent of the ship in the same Court and in the same manner in which seaman's wages are recoverable, and shall deal with those wages in the same manner as with the wages and compensation due to other deceased seamen or apprentices under this Ordinance. (2) In any proceeding for the recovery of the wages and compensation, if it is shown by some official records or by other evidence that the ship has, twelve months or upwards before the institution of the proceeding, left any port, she shall, unless it is shown that she has been heard of within six months after the departure, be deemed to have been lost with all hands on board either immediately after the time she was last heard of or at such later time as the Court hearing the case may think probable. (3) Any duplicate agreement or list of the crew made out, or statement or a change of the crew delivered under this Ordinance at the time of the last departure of the ship from Bangladesh, or a certificate purporting to be a certificate from a Bangladesh Consular Officer at any port out of Bangladesh, stating that certain seamen or apprentices were shipped in the ship from the said port shall be, in the absence of proof to the contrary, sufficient proof that the seamen or apprentices therein named as belonging to the ship were on board at the time of the loss.",
"name": "Recovery of wages, etc. of seamen lost with their ship",
"related_acts": "",
"section_id": 169
},
{
"act_id": 642,
"details": "169. If a seaman or apprentice dies in Bangladesh and is at the time of his death entitled to claim from the master or owner of the ship in which he has served any effects or unpaid wages, the master, owner or agent shall pay and deliver or account for such property to the Shipping Master at the port where the seaman or apprentice was discharged or was to have been discharged or to such other Officer as the Government may direct.",
"name": "Property of seamen dying in Bangladesh",
"related_acts": "",
"section_id": 170
},
{
"act_id": 642,
"details": "170. Where any property of a deceased seaman or apprentice is paid or delivered to a Shipping Master, the Shipping Master, after deducting for expenses incurred in respect of that seaman or apprentice or his property such sums as he thinks proper to allow, may- (a) \tpay and deliver the residue to any claimants who can prove themselves to the satisfaction of the Shipping Master to be entitled thereto, and the Shipping Master shall thereby be discharged from all further liability in respect of the residue so paid or delivered; or (b) \tif he thinks fit so to do, require probate or letters of administration of a certificate under the Succession Act, 1925 (XXXIX of 1925), to be taken out, and thereupon pay and deliver the residue to the legal representative of the deceased.",
"name": "Payment over of property of deceased seamen by Shipping Master",
"related_acts": "138",
"section_id": 171
},
{
"act_id": 642,
"details": "171. (1) Where no claim to the property of a deceased seaman or apprentice received by a Shipping Master is substantiated within one year from the receipt thereof by such Shipping Master, the Shipping Master shall cause such property to be sold and pay the proceeds of the sale into the public treasury. (2) If, after any money had been so paid into the public treasury, any claim is made thereto, then if the claim is established to the satisfaction of the Shipping Master, the amount, or so much as shall appear to be due to the claimant, shall be paid to him, and if the claim is not so established, it shall be rejected and the claimant may thereupon apply by petition to the Supreme Court which shall, after taking evidence either orally or on affidavit, make such order on the petition as shall seem just: Provided that, after the expiration of six years from the receipt of such property by the Shipping Master, no claim to such property shall be entertained by the Shipping Master without the sanction of the Government.",
"name": "Disposal of unclaimed property of deceased seamen",
"related_acts": "",
"section_id": 172
},
{
"act_id": 642,
"details": "172. The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Chapter.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 173
},
{
"act_id": 642,
"details": "173. This Chapter shall apply to apprentices as it applies to seamen.",
"name": "Application of Chapter to apprentices",
"related_acts": "",
"section_id": 174
},
{
"act_id": 642,
"details": "174. The Government may make rules with respect to the relief, maintenance, and return to a proper return port, of ship wrecked seamen and of seamen found otherwise in distress at any place outside Bangladesh, and with respect to the circumstances in which, and the conditions subject to which, seamen may be relieved, and provided with passages, and generally for carrying out the purposes of this Chapter ; and a distressed seaman shall not have any right to be relieved, maintained or sent to a proper return port except in the cases and to the extent and on the conditions provided for in such rules.",
"name": "Power to make rules with respect to distressed seamen",
"related_acts": "",
"section_id": 175
},
{
"act_id": 642,
"details": "175. (1) The Bangladesh Consular Officer at or near the place outside Bangladesh where a seaman is in distress shall, on application being made to him by or on behalf of the distressed seaman, provide, in accordance with rules made in this behalf, for the return of the seaman to a proper port and also for his necessary clothing and maintenance until his arrival at such port. (2) Where any expenses other than excepted expenses are incurred by or on behalf of the Government on account of a distressed seaman either for his maintenance, necessary clothing, conveyance to a proper return port, or in case of death, for his burial, or otherwise in accordance with this Ordinance, those expenses, together with the wages, if any, due to the seaman, shall be a charge upon the ship, whether a Bangladesh ship or not, to which the distressed seaman belonged, and shall be a debt due to the Government from the master of the ship, or from the owner of the ship for the time being, or, where the ship has been lost, from the person who was the owner of the ship at the time of the loss, or where the ship has been transferred to some person not being a citizen of Bangladesh, either from the owner for the time being or from the person who was the owner of the ship at the time of the transfer, and also, if the ship be a ship other than a Bangladesh ship, from the person, whether principal or agent, who engaged the seamen for service in the ship. (3) All excepted expenses incurred by or on behalf of the Government in accordance with the provisions of this Ordinance shall constitute a debt due to the Government for which the seaman in respect of whom they were incurred and the owner or agent of the ship to which that seaman belonged at the time of his discharge or other event which resulted in his becoming a distressed seaman shall be jointly and severally liable; and the owner or agent shall be entitled to recover from the seaman any amount paid by the owner or agent to the Government in settlement or part settlement of such debt, and may apply to the satisfaction of claim so much as may be necessary to any wages due to the seaman. (4) All excepted expenses incurred in accordance with the provisions of this Ordinance in respect of any distressed seaman by the owner or agent of the ship to which the seaman belonged at the time of his discharge or other event which resulted in his becoming a distressed seaman shall constitute a debt due to the owner or agent for which the seaman shall be liable; and the owner or agent may apply to the satisfaction of his claim so much as may be necessary of any wages due to the seaman, but shall not be entitled to recover from the seaman any repatriation expenses other than excepted expenses. (5) In any proceedings for the recovery of any expenses which in terms of sub-section (2) or sub section (3) are a debt due to the Government, the production of an account of the expenses and proof of payment thereof by or on behalf of or under the direction of the Government shall be prima facie evidence that the expenses were incurred in accordance with the provisions of this Ordinance by or on behalf of the Government. (6) Any debt which may be due to the Government under this section may be recovered by any Officer authorised by it in writing in this behalf from the person concerned in the same manner in which wages may be recovered by seamen. (7) For the purpose of this section, “excepted expenses” are expenses incurred in cases where the certificate of the proper authority obtained on leaving a seaman behind states, or the Government is otherwise satisfied, that the cause of the seaman being left behind is desertion, or disappearance, or imprisonment for misconduct, or discharge from the ship on the ground of misconduct, or otherwise due to the fault of the seamen.",
"name": "Relief and maintenance of distressed seamen",
"related_acts": "",
"section_id": 176
},
{
"act_id": 642,
"details": "176. (1) A seaman may be sent to a proper return port by any reasonable route either by sea or land or if necessary by air or partly by anyone and partly by any other of these modes. (2) Provision shall be made for the return of the seaman as to the whole of the route if it is by sea, or as to any part of the route which is by sea, by placing the seaman on board a Bangladesh ship which is in want of men to make up its complement, or, if that is not practicable, by providing the seaman with a passage in any ship, whether a Bangladesh ship or not, or with the money for his passage, and, as to any part of the route which is by land or air, by paying the expenses of his journey and of his maintenance during the journey or providing him with means to pay those expenses. (3) Where the master of a ship is required under this Chapter to provide for the return of a discharged seaman to a proper return port, the master may, instead of providing the seamen's passage or the expenses of his journey or of providing the seaman with means to pay his passage or those expenses, deposit with the Bangladesh Consular Officer such sum as that Officer considers sufficient to defray the expenses of the return of the seaman to a proper return port.",
"name": "Mode of providing for return of seamen to proper return port",
"related_acts": "",
"section_id": 177
},
{
"act_id": 642,
"details": "177. (1) The master of a Bangladesh ship shall receive on board his ship and afford passage and maintenance to all distressed seamen whom he is required by the Bangladesh Consular Officer to take on board his ship, and shall, during the passage, provide every such distressed seaman with accommodation equal to that normally provided for the crew of the ship and subsistence proper to the rank or rating of the said distressed seaman: Provided that the master of the ship shall not be required to receive on board his ship a distressed seaman in terms of this section if the Bangladesh Consular Officer is satisfied that accommodation is not and cannot be made available for such seaman. (2) If the master of any such ship, when required so to do under sub section (1), fails or refuses to receive on board his ship, or to give a passage of subsistence to, or to provide for, a distressed seaman, he shall, for each offence be punishable with fine which may extend to five thousand Taka.",
"name": "Receiving distressed seamen on ships",
"related_acts": "",
"section_id": 178
},
{
"act_id": 642,
"details": "178. If in any case, any question arises as to what return port a seaman is to be sent to or as to the route by which he should be sent, it shall be decided by the Bangladesh Consular Officer supervising the repatriation, and in deciding any such question, regard shall be had both to the convenience of the seaman and to the expense involved, and also where that is the case, to the fact that a Bangladesh ship which is in want of men to make up its complement is about to proceed to a proper return port.",
"name": "Bangladesh Consular Officer to decide return port to which or route by which seaman is to be sent",
"related_acts": "",
"section_id": 179
},
{
"act_id": 642,
"details": "179. (1) Where a distressed seaman is for the purpose of his return to a proper port placed on board a Bangladesh ship, the Bangladesh Consular Officer by whom the seaman is so placed shall endorse on the agreement with the crew of the ship particulars of the seaman so placed on board. (2) On the production of a certificate signed by the Bangladesh Consular Officer by whose directions distressed seamen were received on board, specifying the number and the names of the distressed seamen and the time when each of them was received on board, and on a declaration made by the master stating the number of days during which each distressed seaman has received subsistence, the full complement of his crew and the actual number of seamen employed on board his ship and every variation in that number, whilst the distressed seamen received maintenance, the master shall be entitled to be paid in respect of the subsistence and passage of every seaman so conveyed and provided for by him, exceeding the number, if any, wanted to make up the complement of his crew, such sum for each day as the Government may, by rules made in this behalf, allow.",
"name": "Provisions as to taking distressed seaman on ships",
"related_acts": "",
"section_id": 180
},
{
"act_id": 642,
"details": "180. In any proceeding under this Chapter, a certificate of the Government or of such officer as the Government may specify in this behalf to the effect that the seaman named therein is distressed shall be conclusive evidence that such seaman is a distressed seaman within the meaning of this Ordinance.",
"name": "What shall be evidence of distress",
"related_acts": "",
"section_id": 181
},
{
"act_id": 642,
"details": "181. (1) All Bangladesh ships and all ships for which seamen have been engaged in Bangladesh shall have on board sufficient provisions and water of good quality and fit for consumption of the crew on the scale specified in the agreement with the crew. (2) If any person making an inspection under section 191 finds that provisions or water are of bad quality and unfit for human consumption or deficient in quantity, he shall signify it in writing to the master of the ship, and may, if he thinks fit, detain the ship until the defects are remedied to his satisfaction. (3) If the master does not thereupon provide other proper provisions or water in lieu of any so signified to be of bad quality and unfit for human consumption, or does not procure the requisite quantity of any provisions or water so signified to be deficient in quantity or uses any provisions or water so signified to be of bad quality and unfit for human consumption, he shall, for each offence, be punishable with fine which may extend to two thousand Taka. (4) The person making the inspection shall enter a statement of the result of the inspection in the official log book, and shall, if he is not the Shipping Master, send a report thereof to the Shipping Master and that report shall be admissible in evidence in any legal proceeding. (5) If the inspection was made in pursuance of a request by members of the crew and the person making the inspection certified in the statement of the result of the inspection that there was no reasonable ground for the request, every member of the crew who made the request shall be liable to forfeit to the owner out of his wages a sum not exceeding one week's wages. (6) If a master fails to furnish provisions to a seaman in accordance with the agreement entered into by him, and the Court considers the failure to be due to the neglect or default of the master, or if a master furnishes to a seaman provisions which are bad in quality or unfit for human consumption, such master shall, for each offence, be punishable with fine which may extend to five thousand Taka. (7) Nothing in sub section (6) shall affect any claim for compensation under section 182.",
"name": "Ships to have sufficient provisions and water",
"related_acts": "",
"section_id": 182
},
{
"act_id": 642,
"details": "182. (1) Where, during the voyage, the allowance of any of the provisions for which a seaman has by his agreement stipulated is reduced, or where it is shown that any of those provisions are or have, during the voyage, been bad in quality or unfit for human consumption, the seaman shall receive by way of compensation for such reduction or bad quality calculated with reference to the duration of its continuance such sums as may be prescribed; and the compensation shall be in addition to, and be recoverable as, wages. (2) If it is shown to the satisfaction of the Court before which the case is tried that any provisions, the allowance of which has been reduced, could not be procured or supplied in proper quantities, and that proper and equivalent substitutes were supplied in lieu thereof, the Court shall take those circumstances into consideration and modify or refuse the compensation as the justice of the case requires: Provided that, if the amount of compensation claimed does not exceed five hundred Taka in respect of any one seaman, the Shipping Master may, on application of either party, settle the compensation as if it were a dispute submitted to him under section 148 and the decision of the Shipping Master in the matter shall be final.",
"name": "Allowance for short or bad provisions",
"related_acts": "",
"section_id": 183
},
{
"act_id": 642,
"details": "183. (1) Every Bangladesh foreign going ship going to sea from any port or place in Bangladesh shall be provided with and carry a duly qualified cook. (2) A cook shall not be deemed to be duly qualified within the meaning of this section unless he is a qualified cook according to the provisions of an order made in this behalf under section 81",
"name": "Bangladesh foreign going ships to carry duly certificated cooks",
"related_acts": "",
"section_id": 184
},
{
"act_id": 642,
"details": "184. (1) All Bangladesh ships shall have always on board a sufficient supply of medicines and appliances suitable for diseases and accidents likely to happen on sea voyages according to such scale as the Government may, from time to time, by notification in the official Gazette, fix in respect of a ship or class of ships. (2) Every such ship shall also carry such medical guide containing instructions for dispensing the medicines and using the appliances as may be approved by the Government. (3) The Government may, by notification in the official Gazette, make rules for the proper maintenance and care of medicine chests, their contents, and their regular inspection. (4) The master of a ship in respect of which the provisions of this section or of any rules made thereunder are contravened shall, for each offence, be punishable with fine which may extend to two thousand Taka.",
"name": "Medicines to be provided and kept on board certain ships",
"related_acts": "",
"section_id": 185
},
{
"act_id": 642,
"details": "185. (1) Every foreign going ship carrying one hundred persons including the crew, or upwards shall have on board as part of her complement a Medical Officer possessing such qualifications as may be prescribed. (2) If any such ship does not carry on board a duly qualified Medical Officer, the ship shall be detained until such Medical Officer is provided. (3) Nothing in this section shall apply to a special trade passenger ship.",
"name": "Certain ships to carry Medical Officers",
"related_acts": "",
"section_id": 186
},
{
"act_id": 642,
"details": "186. (1) The master of a ship shall keep on board proper weights and measures for determining the quantities of the several provisions and articles served out and shall allow the same to be used at the time of serving out the provisions and articles in the presence of witnesses whenever dispute arises about the quantities. (2) If the master of a ship fails, without reasonable cause, to comply with sub section (1), he shall, for each offence, be punishable with fine which may extend to two thousand Taka.",
"name": "Weights and measures on board",
"related_acts": "",
"section_id": 187
},
{
"act_id": 642,
"details": "187. (1) If the master of, or a seaman or apprentice belonging to, a Bangladesh ship, receives any hurt or injury or suffers from any illness, not being a hurt, injury or illness due to his own wilful act or default or to his own misbehaviour, resulting in his being discharged or left behind at a place other than his proper return port, the expenses of providing the necessary surgical and medical advice, attendance and treatment and medicine, and also the expenses of the maintenance of the master, seaman or apprentice until he is cured, or dies, or is brought back to the port from which he was shipped or other port agreed upon after receiving the necessary medical treatment, and of his conveyance to that port, and in case of death, the expenses, if any, of his burial or cremation shall be defrayed by the owner of the ship without any deduction on that account from his wages. (2) If the master, seaman or apprentice is, on account of any illness or injury, temporarily removed from his ship, at a port other than his proper return port, for the purpose of preventing infection, or otherwise for the convenience of the ship, and subsequently returns to his duty, the expenses of removal and of providing the necessary surgical and medical advice, attendance and treatment and medicine and of his maintenance while away from the ship, shall be defrayed in like manner. (3) The expenses of all medicines, surgical and medical advice, attendance and treatment, given to a master, seaman or apprentice while on board his ship, shall be defrayed in like manner. (4) In all other cases, any reasonable expenses duly incurred by the owner for any master, seaman or apprentice in respect of illness, shall, if proved to the satisfaction of the Bangladesh Consular Officer or a Shipping Master, be deducted from the wages of the master, seaman or apprentice, as the case may be. (5) Where any expenses referred to in sub sections (1), (2) and (3) have been paid by the master, seaman or apprentice himself, the same may be recovered as if they were wages duly earned, and, if any such expenses are paid by the Government, the amount shall be a charge upon the ship and may be recovered with full costs of suit by the Government.",
"name": "Expenses of medical attendance in case of illness",
"related_acts": "",
"section_id": 188
},
{
"act_id": 642,
"details": "188. (1) The Government may, by notification in the official Gazette, make rules with respect to the crew accommodation to be provided in ships; and different provisions may be made for different classes of ships and different classes of persons. (2) In Particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- (a) \tthe minimum space for each person which must be provided in any ship to which the rules apply by way of sleeping accommodation for seamen and apprentices and the maximum number of persons by whom any specified part of such sleeping accommodation may be used; (b) \tthe position in any such ship in which the crew accommodation or any part thereof may be located and the standards to be observed in the construction, equipment and furnishing of any such accommodation; (c)\tthe submission to such authority as may be specified in this behalf of plans and specifications of any works proposed to be carried out for the provision or alteration of any such accommodation and the empowering of that authority to inspect any such works; (d)\tthe maintenance and repair of any such accommodation and the prohibition or restriction of the use of any such accommodation for purposes other than those for which it is designed; and (e)\tthe manner as to how ships registered or under construction at the commencement of any such rules may be dealt with after such commencement. (3) If any person making an inspection under section 189 finds that the crew accommodation is insanitary or is not in accordance with the provisions of this Ordinance, he shall signify it in writing to the master of the ship and may, if he thinks fit, detain the ship until the defects are remedied to his satisfaction. Explanation. In this section, the expression “crew accommodation” includes sleeping rooms, mess room, sanitary accommodation, hospital accommodation, recreation accommodation, store rooms and catering accommodation provided for the use of seamen, not being accommodation which is also used by or provided for the use of, passengers. (4) The Government may exempt any ship or class of ships from the requirements of any rules made under this section either absolutely or subject to such conditions as it may consider fit.",
"name": "Power to make rules with respect to crew accommodation, etc",
"related_acts": "",
"section_id": 189
},
{
"act_id": 642,
"details": "189. Whenever a ship to which the rules made under section 188 apply is registered or re registered in Bangladesh or the crew accommodation of a ship has been substantially altered or reconstructed, or a complaint in respect of crew accommodation has been made in accordance with the rules, and on such other occasion as may be required under the rules, a Surveyor shall inspect the crew accommodation and satisfy himself that the requirements of crew accommodation have been duly complied with.",
"name": "Inspection of crew accommodation when a ship is registered or re registered",
"related_acts": "",
"section_id": 190
},
{
"act_id": 642,
"details": "190. (1) The owner of every Bangladesh foreign going ship, home trade ship, coasting ship and of every Bangladesh passenger ship shall supply or cause to be supplied to every seaman for his personal use such clothing, bedding, towels, mess utensils and other articles of such quality and according to such scales as may be prescribed. (2) If any requirement of sub section (1) is not complied with in the case of any ship, the owner thereof shall be punishable with fine which may extend to two thousand Taka, unless he proves that the non compliance was not caused by his inattention, neglect or wilful default.",
"name": "Bedding, towels, etc. to be provided",
"related_acts": "",
"section_id": 191
},
{
"act_id": 642,
"details": "191. (1) For the purpose of ascertaining whether a ship is provided as is required by or under this Ordinance with the provisions and water, the medicines and appliances, the weights and measures and the crew accommodation, a Shipping Master, Surveyor, Seaman's Welfare Officer, Port Health Officer, Bangladesh Consular Officer or other Officer empowered in this behalf by the Government at any port, may, at any time, in the case of a Bangladesh ship or any ship upon which seamen have been shipped at that port, and shall, in the case of the master or not less than three of the crew of a Bangladesh ship making a request for the purpose, enter on board and inspect the ship. (2) If the person making an inspection under sub section (1) finds that the matters referred to therein have not been provided in accordance with the requirements of this Ordinance, he shall signify it in writing to the master and the ship may be detained until the deficiencies are supplied and defects are remedied.",
"name": "Inspection of provisions, water, medicines, etc.",
"related_acts": "",
"section_id": 192
},
{
"act_id": 642,
"details": "192. The master of every Bangladesh ship while at sea shall, at least once in a week, cause an inspection to be made of the provisions and water provided for the use of the seamen and apprentices and the crew accommodation, for the purpose of ascertaining whether the same are being maintained in accordance with the requirements of this Ordinance and the person making the inspection shall enter a statement of the result of the inspection in a separate book kept for the purpose.",
"name": "Inspection by master of provisions, water and accommodation at sea",
"related_acts": "",
"section_id": 193
},
{
"act_id": 642,
"details": "193. Without prejudice to any other power to make rules contained in this Chapter, the Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Chapter.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 194
},
{
"act_id": 642,
"details": "194. (1) The master's authority on the ship shall be absolute, and no seaman or other person on board shall, at any time, challenge or otherwise question or undermine such authority. (2) The master shall have the power and authority to give any command or order to any seaman or other person on board which he considers to be necessary for the maintenance of discipline among seamen and on board generally or for any other purpose, and every such command or order shall be obeyed and carried out by the person to whom it is given. (3) Notwithstanding anything to the contrary contained in any other law for the time being in force, the master may arrest, detain or confine in a reasonable manner and for a reasonable time any person on board his ship if he has reasonable cause to believe that such arrest, detention or confinement is necessary for the preservation of order and discipline, for the navigation or safety of the vessel, or for safety of the person or property on board. (4) The master while in command of a Bangladesh ship shall be deemed to be a public servant within the meaning of section 21 of the Penal Code (Act XLV of 1860). (5) In a case where the master has died or left the vessel or is incapacitated, the mate next in seniority to the master shall function as master until a master is duly appointed, and all the provisions of this section shall apply to such mate as they apply to the master. (6) The master of any Bangladesh ship who, during the progress of voyage, is removed or for any reason quits the ship and is succeeded in the command by some other person, shall deliver to his successor all documents relating to the navigation of the ship, including the information required to be carried under section 302 and the crew thereof which are in his custody; and such successor shall, immediately on assuming the command of the ship, enter in the official log book a list of the document so delivered to him. (7) The master of a ship who fails to deliver the documents as required by sub-section (6) shall be punishable with fine which may extend to ten thousand Taka.",
"name": "Master in overall command, etc.",
"related_acts": "",
"section_id": 195
},
{
"act_id": 642,
"details": "195. If a master, seaman or apprentice belonging to a Bangladesh ship, by wilful breach of duty or by neglect of duty or by reason of drunkenness, (a)\tdoes any act tending to the immediate loss, destruction or serious damage to the ship or tending immediately to endanger the life or limb of a person belonging to or on board the ship; or (b)\trefuses or omits to do any lawful act proper and requisite to be done by him for preserving the ship from immediate loss, destruction or serious damage or for preserving any person belonging to or on board the ship from immediate danger to life or limb; he shall, for each offence, be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to ten thousand Taka, or with both.",
"name": "Misconduct, endangering life or ship",
"related_acts": "",
"section_id": 196
},
{
"act_id": 642,
"details": "196. If a seaman lawfully engaged, or an apprentice, commits any of the following offences, he shall notwithstanding anything in the Code of Criminal Procedure, 1898 (Act V of 1898), be liable to be tried in a summary manner and to be punished as follows, namely: (a)\tif he deserts from his ship, he shall be guilty of the offence of desertion, and shall be punishable with imprisonment for a term which may extend to 12five years and with fine, which may extend to 13ten lakh taka and shall also be liable to forfeit all or any part of the effects he leaves on board and of the wages which he has then earned and also, if the desertion takes place at any place not in Bangladesh, to forfeit all or any part of the wages which he may earn in any other ship in which he may be employed until his next return to Bangladesh, and to satisfy any excess of wages paid by the master or owner of the ship which he abandons to any substitute engaged in his place at a higher rate of wages than the rate stipulated to be repaid to him and he shall also be liable to refund the actual cost of his repatriation and the said amount shall be realised as a public demand; (b)\tif he neglects or refuses without reasonable cause to join his ship or proceed to sea in his ship or is absent without leave at any time within twenty four hours of the ship's sailing from a port either at the commencement or during the progress of a voyage, or is absent at any time without leave and without sufficient reason, from his ship or from his duty, he shall, if the offence does not amount to desertion or is not treated as such by the master, be guilty of the offence of absence without leave, and shall be punishable with imprisonment which may extend to 14three years and with fine, which may extend to 15fifty thousand taka and shall also be liable to forfeit out of his wages a sum not exceeding one month's pay and, in addition, for every twenty four hours of absence, either a sum not exceeding seven day's pay, or any expenses properly incurred in hiring a substitute.",
"name": "Desertion and absence without leave from Bangladesh ships",
"related_acts": "75",
"section_id": 197
},
{
"act_id": 642,
"details": "197. If a Bangladeshi seaman or apprentice lawfully engaged on a foreign ship deserts or goes absent without leave from the ship in any port, he shall be deemed to have committed the same offence as laid down in section 196 and shall, on summary conviction, be liable to the same punishment in the same manner as laid down in that section.",
"name": "Desertion and absence without leave from foreign ships",
"related_acts": "",
"section_id": 198
},
{
"act_id": 642,
"details": "16197A. (1) Whenever it becomes necessary, the Shipping Master shall- (a) \ttake a bond the binding the guarantors of the seamen to pay 5 (five) lakh taka compensation, in the case of desertion by the seaman and it shall be payable to the concerned person or authority who incurred loss due to the desertion; (b)\tcancel the seamen's book of a deserted seaman; (c)\tenforce a ban on deserted seaman from entering into seafaring profession; (d)\tenforce a ban on the deserted seaman from entering into any Government service in Bangladesh. (2) The state may forfeit the properties of a deserted seaman excluding the inherited properties.",
"name": "Measures to prevent desertion from Bangladesh and foreign ships",
"related_acts": "",
"section_id": 199
},
{
"act_id": 642,
"details": "198. (1) If a seaman or apprentice is guilty of the offence of desertion or of absence without leave or otherwise absents himself from his ship without leave, the master or any mate or the owner may convey him on board his ship, and may, for that purpose, use such force including police force as may be necessary; and every police officer shall render all such assistance as may be required of him. (2) If the seaman or apprentice so requires, he shall first be taken before a Court competent to take cognizance of the case to be dealt with according to law. (3) If it appears to the Court before whom the case is brought that the seaman or apprentice has been conveyed on board or taken before the Court on improper or insufficient ground, the Court may punish the master, mate or owner, as the case may be, with a fine which may extend to ten thousand Taka; and such punishment shall be a bar to any action for false imprisonment against the master, mate or owner. (4) If a seaman or apprentice is imprisoned for having been guilty of the offence of desertion or of absence without leave, or for having committed any other breach of discipline, and his services are required on board his ship during his imprisonment but before the expiration of the period of his engagement, any Magistrate may, on the application of the master or of the owner or his agent, notwithstanding that the period of his imprisonment has not terminated, cause the seaman or apprentice to be conveyed on board his ship for the purpose of proceeding on the voyage, or to be delivered to the master or any mate of the ship, or to the owner or his agent, to be by them so conveyed.",
"name": "Conveyance of deserter or imprisoned seaman or apprentice on board ship",
"related_acts": "",
"section_id": 200
},
{
"act_id": 642,
"details": "199. Where a seaman or apprentice is brought before a Court on the ground of the offence of desertion or of absence without leave or of otherwise absenting himself without leave and the master, or the owner or his agent so requests, the Court may, instead of committing the seaman or apprentice to prison, cause him to be conveyed on board his ship for the purpose of proceeding on the voyage, or to be delivered to the master or any mate of the ship or the owner or his agent, to be by them so conveyed and may in such case order any costs and expenses properly incurred by or on behalf of the master or owner by reason of the conveyance to be paid by the offender and, if necessary, to be deducted from any wages which he has then earned or may, by virtue of his then existing engagement, afterward earn.",
"name": "Power of Court to order offender to be taken on board ship",
"related_acts": "",
"section_id": 201
},
{
"act_id": 642,
"details": "200. If a seaman or an apprentice commits any of the following offences, in this Ordinance referred to as offences against discipline, he shall, notwithstanding anything in the Code of Criminal Procedure, 1898 (Act V of 1898), be liable to be tried in a summary way and to be punished as follows, namely:- (i)\tif he quits the ship without leave after her arrival at her port of delivery and before she is placed in security, he shall be liable to forfeit out of his wages a sum not exceeding one month's pay; (ii)\tif he is guilty of wilful disobedience to any lawful command, he shall be punishable with imprisonment for a term which may extend to two months, and shall also be liable to forfeit out of his wages a sum not exceeding seven day's pay; (iii)\tif he is guilty of continued wilful disobedience to lawful commands or continued wilful neglect of duty, he shall be punishable with imprisonment for a term which may extend to six months, and shall also be liable for every twenty four hours' continuance of such disobedience or neglect for a sum not exceeding twenty one days' pay or any expenses which may have been properly incurred in hiring a substitute; (iv)\tif he assaults the master or any mate or engineer of the ship, he shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to five thousand Taka or with both; (v)\tif he combines with any of the crew to disobey lawful commands or to neglect duty or to impede the navigation of the ship or the progress of the voyage, he shall be punishable with imprisonment for a term which may extend to one year, or with fine, which may extend to ten thousand Taka or with both; (vi)\tif he wilfully damages his ship or commits criminal misappropriation or breach of trust in respect of, or wilfully damages, any of her stores or cargo, he shall he punishable with imprisonment for a term which may extend to one year, or with fine, which may extend to ten thousand Taka or with both, and shall also be liable to forfeit out of his wages a sum equal to the loss thereby sustained; (vii)\tif he is convicted of any act of smuggling whereby loss or damage is occasioned to the master or owner of the ship, he shall be liable to pay that master or owner a sum sufficient to reimburse the loss or damage, and the whole or a proportionate part of his wages may be retained in satisfaction on account of that liability without prejudice to any other remedy.",
"name": "General offences against discipline",
"related_acts": "75",
"section_id": 202
},
{
"act_id": 642,
"details": "201. (1) Whenever any seaman not shipped in Bangladesh deserts or otherwise absents himself in Bangladesh without leave from a Bangladesh ship 17or a foreign ship in which he is engaged to serve, the master of the ship shall, within forty-eight hours of discovering such desertion or absence, report the same to the Shipping Master or to such other Officer as the Government may appoint in this behalf, unless in the meantime the deserter or absentee returns. (2) Any master 18on Bangladeshi ships and Bangladeshi masters on foreign ships who wilfully neglects to comply with the provisions of sub section (1) shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to 19fifty thousand Taka, or with both.",
"name": "Report of desertions and absence without leave",
"related_acts": "",
"section_id": 203
},
{
"act_id": 642,
"details": "202. (1) In every case of desertion from a Bangladesh ship whilst she is at any place outside Bangladesh, the master shall make in the official log book entry of the desertion which shall be signed by him and also by a mate and one of the crew and shall produce the entry 20to the shipping master who shall thereupon make and certify a copy of the entry prior to departure from the port. 21(2) The copy of the official log book certified by the master shall constitute as prima facie evidence of desertion in any legal proceeding. (3) Such copy, if purporting to be so made and certified as aforesaid, shall in any legal proceeding relating to such desertion, be admissible in evidence.",
"name": "Entries and certificates of desertion abroad",
"related_acts": "",
"section_id": 204
},
{
"act_id": 642,
"details": "203. (1) Whenever a question arises whether the wage or effects of any seaman or apprentice are forfeited for desertion from a ship, it shall be sufficient for the person insisting on the forfeiture to show that the seaman or apprentice was duly engaged in or belonged to the ship, and either that he left the ship before the completion of the voyage or engagement or, if the voyage was to terminate in Bangladesh and the ship has not returned, that he is absent from her and that an entry of his desertion has been duly made in the official log-book. (2) The desertion shall thereupon, so far as relates to any forfeiture of wages under this Chapter, be deemed to be proved unless the seaman or apprentice can produce a proper certificate of discharge or can otherwise show to the satisfaction of the Court that he had sufficient reasons for leaving his ship.",
"name": "Facilities for proving desertion in proceeding for forfeiture of wages or effects",
"related_acts": "",
"section_id": 205
},
{
"act_id": 642,
"details": "204. (1) Where any wages or effects are forfeited under this Ordinance for desertion from a ship, they shall be applied towards reimbursing the expenses caused by the desertion to the master or the owner of the ship and, subject to that reimbursement, shall be paid into the public treasury and credited to the account of the Government. (2) For the purposes of such reimbursement, the master or the owner or his agent may, if the wages are earned subsequent to the desertion, recover them in the same manner as the deserter could have recovered them if not forfeited; and the Court in any legal proceeding relating to such wages may order them to be paid accordingly.",
"name": "Application of forfeitures",
"related_acts": "",
"section_id": 206
},
{
"act_id": 642,
"details": "205. Any question concerning the forfeiture of, or deductions from, the wages of a seaman or apprentice may be determined in any proceeding lawfully instituted with respect to those wages notwithstanding that the offence in respect of which the question arises, though by this Ordinance made punishable by imprisonment as well as forfeiture, has not been made the subject of any criminal proceeding.",
"name": "Decisions on questions of forfeiture and deduction in suits for wages",
"related_acts": "",
"section_id": 207
},
{
"act_id": 642,
"details": "206. (1) Every fine imposed on a seaman for any act of misconduct for which his agreement imposes a fine shall be deducted and paid over as follows, namely: (a)\tif the offender is discharged at any port or place in Bangladesh and the offence and such entries in respect thereof as aforesaid are proved to the satisfaction of the Shipping Master before whom the offender is discharged, the master or owner shall deduct such fine from the wages of the offender and pay the same over to such Shipping Master; and (b)\tif the seaman is discharged at any port or place outside Bangladesh and the offence and such entries as aforesaid are proved to the satisfaction of the Bangladesh Consular Officer by whose sanction he is so discharged, the fine shall thereupon be deducted as aforesaid, and an entry of such deduction shall then be made in the official log book and signed by such officer and on the return of the ship to Bangladesh the master or owner shall pay over such fine to the Shipping Master before whom the crew is discharged. (2) If any master or owner neglects or refuses so to pay over the fine, he shall, for each offence, be punishable with fine which may extend to six times the amount not so paid over by him.",
"name": "Payment of fines imposed under agreement to Shipping Master",
"related_acts": "",
"section_id": 208
},
{
"act_id": 642,
"details": "207. If a person by any means whatever persuades or attempts to persuade a seaman or apprentice to neglect or refuse to join or proceed to sea in or desert from his ship, or otherwise to absent himself from his duty, he shall, for each offence, be punishable with fine which may extend to five thousand Taka.",
"name": "Penalty for enticing to desert",
"related_acts": "",
"section_id": 209
},
{
"act_id": 642,
"details": "208. If a person wilfully harbours or secrets a seaman or apprentice who has wilfully neglected or refused to join or has deserted from his ship, knowing or having reason to believe the seaman or apprentice to have so done, he shall, for each offence, be punishable with fine which may extend to five thousand Taka.",
"name": "Penalty for harbouring deserters",
"related_acts": "",
"section_id": 210
},
{
"act_id": 642,
"details": "209. (1) If a person secrets himself and goes to sea in a ship without the consent of the master, or of the person in charge of the ship, he shall be punishable with imprisonment for a term which may extend to six months, and also be liable to fine, which may extend to five thousand Taka. (2) Every person who goes to sea in a ship without such consent as aforesaid and every sea faring person whom the master of a ship is under this Ordinance or any other law compelled to take on board and convey, shall, so long as he remains in the ship, be subject to the same laws and regulations for preserving discipline and to the same fines and punishments for offences constituting or tending to a breach of discipline as if he were a member of, and had signed the agreement as, the crew. (3) The master of any Bangladesh ship arriving at any port or place in or outside Bangladesh and the master of any ship other than a Bangladesh ship arriving at any port or place in Bangladesh shall, if any person has gone to sea on that ship without the consent referred to in sub section (1), report the fact in writing to the Shipping Master or the Bangladesh Consular Officer as soon as may be after the arrival of the Ship.",
"name": "Penalty on stowaways and discipline of stowaways and seamen carried under compulsion",
"related_acts": "",
"section_id": 211
},
{
"act_id": 642,
"details": "210. (1) If any seaman or apprentice who is not shipped in Bangladesh is imprisoned on complain made by or on behalf of the master or owner of the ship or for any offence for which he has been sentenced to imprisonment for a term not exceeding one month then- (a) \twhile such imprisonment lasts, no person shall, without the previous sanction in writing of the Government or of such officer as it may specify in this behalf, engage any citizen of Bangladesh to serve as substitute for such seaman on board such ship; and (b) \tthe Government or such officer as it may specify in this behalf may tender such seaman or apprentice to the master or owner of the ship in which he is engaged to serve, and may, if such master or owner, without assigning reasons satisfactory to the Government or to such officer as aforesaid, refuses to receive on board the seaman or apprentice so tendered, require the master or owner to deposit in the local Shipping Office- (i)\tthe wages due to such seaman or apprentice and his money and effects; and (ii)\tsuch sum as may, in the opinion of the Government or such officer as aforesaid, be sufficient to defray the cost of the passage of such seaman or apprentice to the port at which he was shipped according to the scale of costs usual in the case of distressed seamen. (2) If any person wilfully disobeys the prohibition contained in clause (a) of sub section (1), he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five thousand Taka, or with both. (3) If any master or owner refuses or neglects to deposit any wages, money, effects or sum when so required under clause (b) of sub section (1), he shall be punishable with fine which may extend to five thousand Taka.",
"name": "Procedure where seaman or apprentice not shipped in Bangladesh is imprisoned on complaint of master or owner",
"related_acts": "",
"section_id": 212
},
{
"act_id": 642,
"details": "211. If any seaman or apprentice who is not shipped in Bangladesh is imprisoned for any offence for which he has been sentenced to imprisonment for a term not exceeding one month, and his services are required on board his ship during his imprisonment but before the expiration of the period of his engagement, any Magistrate may, on the application of the master or owner or his agent, notwithstanding that the period of his imprisonment has not terminated, cause the seaman or apprentice to be conveyed on board the ship for the purpose of proceeding on the voyage, or to be delivered to the master or any mate of the ship, or to the owner or his agent to be by them so conveyed.",
"name": "Power to send on board seaman or apprentice not shipped in Bangladesh who is undergoing imprisonment",
"related_acts": "",
"section_id": 213
},
{
"act_id": 642,
"details": "212. (1) Where it appears to the Government that due facilities are or will be given by the Government of any country outside Bangladesh for recovering and apprehending seamen or apprentices who desert from Bangladesh ships in that country, the Government may, by notification in the official Gazette, stating that such facilities are or will be given, declare that this section shall apply to seamen belonging to ships of such country, subject to such limitations or conditions as may be specified in the notification. (2) Where this section applies to seamen or apprentices belonging to ships of any country and a seaman or apprentice deserts from any such ship, when within Bangladesh, any Court that would have had cognizance of the matter if the seaman or apprentice had deserted from a Bangladesh ship shall, on the application of a Consular Officer of that country, aid in apprehending the deserter and for that purpose may, on information given on oath, issue a warrant for his apprehension and on proof of the desertion order him to be conveyed on board his ship or delivered to the master or mate of his ship or to the owner of the ship or his agent to be so conveyed and any such warrant or order may be executed accordingly.",
"name": "Deserters from foreign ships",
"related_acts": "",
"section_id": 214
},
{
"act_id": 642,
"details": "213. Without prejudice to any other power to make rules contained in this Chapter, the Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Chapter.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 215
},
{
"act_id": 642,
"details": "214A. Notwithstanding any provision contained in this Ordinance or of any other law for the time being in force, any seaman who contravenes any provision of any agreement signed by, or entered into by or with, him under any provision of this Ordinance or commits any offence relating to such agreement shall be tried for such contravention or offence in the place where the governing agreement was signed or entered into.",
"name": "Place of trial of the offender",
"related_acts": "",
"section_id": 216
},
{
"act_id": 642,
"details": "214. (1) In this Chapter, unless there is anything repugnant in the subject or context,- (a)\t“Court” means a Civil, Revenue or a Marine Court. (b)\t“Proceeding” includes any suit, appeal or application; and (c)\t“Shipping Master” means- (i)\tin the case of a seaman, the Shipping Master for the port at which the serving seaman entered into or is believed to have entered into an agreement, or where there is no such agreement, for the port to which the serving seaman has returned or is expected to return on the completion of his last voyage; and (ii)\tin the case of masters and apprentices referred to in section 222, the Shipping Master for the port at which the agreement with the crew of the ship was opened. (2) For the purposes of this Chapter, a seaman shall be deemed to be a serving seaman during any period commencing the day on which he enters into an agreement and ending thirty days after the day on which he is finally discharged from such agreement. (3) The Shipping Master or any Officer authorised by the Government in this behalf or a Police Officer not below the rank of Inspector of Police may report any offence against this Ordinance or any rule made thereunder to a Magistrate having local jurisdiction to try the offence and thereupon he shall take cognizance of the offence: Provided that in the case of any offence relating to or arising out of any agreement entered into with any seaman, master or owner of the ship concerned or any other person duly authorised by him in that behalf, shall have the power to make a report under this sub section.",
"name": "Definitions",
"related_acts": "",
"section_id": 217
},
{
"act_id": 642,
"details": "215. If any person presenting any plaint, application or appeal to any Court has reason to believe that any adverse party is a serving seaman, he shall make a statement accordingly in the plaint, application or appeal.",
"name": "Particulars to be furnished in plaints, etc.",
"related_acts": "",
"section_id": 218
},
{
"act_id": 642,
"details": "216. If any District Magistrate has reason to believe that any seaman who ordinarily resides or has property in his district and who is a party to any proceeding pending before any Court, is unable to appear therein or is a serving seaman, the District Magistrate may certify the facts in the prescribed manner to the Court.",
"name": "Power of District Magistrate to intervene in case of unrepresented seaman",
"related_acts": "",
"section_id": 219
},
{
"act_id": 642,
"details": "217. (1) If a District Magistrate has certified under section 216 or if a Court has reason to believe that a seaman who is a party to any proceeding before the Court is unable to appear therein or is a serving seaman, the Court shall suspend the proceeding and shall give notice thereof in the prescribed manner to the Shipping Master: Provided that nothing in this sub section shall be deemed to require the Court to suspend the proceeding- (a)\tif the proceeding is one instituted or made by the seaman, alone or conjointly with others, with the object of enforcing a right of pre emption, or (b)\tif the interests of the seaman in the proceeding are, in the opinion of the Court, either identical with those of any other party thereto and adequately represented by such other party, or merely of a formal nature. (2) If it appears to the Court before which any proceeding is pending that a seaman though not a party to the proceeding is materially concerned in the outcome of the proceeding and that his interests are likely to be prejudiced by his inability to attend, the Court may suspend the proceeding and shall give notice thereof in the prescribed manner to the Shipping Master.",
"name": "Notice to be given in case of unrepresented seaman",
"related_acts": "",
"section_id": 220
},
{
"act_id": 642,
"details": "218. (1) If, on receipt of a notice under section 217, the Shipping Master certifies to the Court in the prescribed manner that the seaman is a serving seaman, the Court shall postpone the proceeding in respect of the seaman for the prescribed period or, if no period has been prescribed, for such period as it thinks fit: Provided that if, by reason of the continued absence of the seaman, the question of any further postponement of the proceedings in respect of the seaman arises, the Court shall, in deciding the question, have regard to the purposes of this Chapter. (2) If the Shipping Master either certifies that the seaman is not for the time being a serving seaman or fails within two months from the date of the receipt of the notice under section 217 to certify that the seaman is a serving seaman, the Court may, if it thinks fit, continue the proceeding.",
"name": "Postponement of proceedings",
"related_acts": "",
"section_id": 221
},
{
"act_id": 642,
"details": "219. (1) Where in any proceeding before a Court a decree or order has been passed against any seaman while he was a serving seaman, the seaman or if he dies while he is a serving seaman, his legal representatives, may apply to the Court to have the decree or order set aside, and if the Court, after giving an opportunity to the opposite party of being heard, is satisfied that the interests of justice require that the decree or order should be set aside, as against the seaman, the Court shall, subject to such conditions, if any, as it thinks fit to impose, make an order accordingly, and may, if it appears that any opposite party in the proceeding has failed to comply with the provisions of section 215, award, subject to such conditions as may be prescribed, damages against such opposite party. (2) The period of limitation for an application under sub section (1) shall be sixty days from the date on which the seaman first ceases to be a serving seaman after the passing of the decree or order, or where the summons or notice was not duly served on the seaman in the proceeding in which the decree or order was passed, from the date on which the applicant had knowledge of the decree or order, whichever is later; and the provisions of section 5 of the Limitation Act, 1908 (IX of 1908), shall apply to such applications. (3) Where the decree or order in respect of which an application under sub-section (1) is made is of such a nature that it cannot be set aside as against the seaman only, it may be set aside as against all or any of the parties against whom it was made. (4) Where a Court sets aside a decree or order under this section, it shall appoint a day for proceeding with the suit, appeal or application, as the case may be, in respect of which the decree or order was passed.",
"name": "Power to set aside decrees and orders passed against serving seaman",
"related_acts": "88",
"section_id": 222
},
{
"act_id": 642,
"details": "220. In computing the period of limitation provided in section 219 or in the Limitation Act, 1908 (IX of 1908), or in any other law for the time being in force, for any suit, appeal or application to a Court to which a seaman is a party, the period or periods during which the seaman has been a serving seaman, and, if the seaman has died while he was a serving seaman, the period from the date of his death to the date on which his next of kin was first informed of his death by the Shipping Master or otherwise shall be excluded: Provided that this section shall not apply in the case of any suit, appeal or application instituted or made with the object of enforcing a right of pre emption except in such areas and in such circumstances as the Government may, by notification in the official Gazette specify in this behalf.",
"name": "Modification of law of limitation where seaman is a party",
"related_acts": "88",
"section_id": 223
},
{
"act_id": 642,
"details": "221. If any Court is in doubt whether, for the purposes of section 219 or section 220, a seaman is or was at any particular time or during any particular period a serving seaman, it may refer the question to the Shipping Master, and the certificate of the Shipping Master shall be conclusive evidence on the question.",
"name": "Reference in matters of doubt to shipping Masters",
"related_acts": "",
"section_id": 224
},
{
"act_id": 642,
"details": "222. The provisions of this Chapter shall apply to a master and an apprentice as they apply to a seaman, except that- (a)\ta master shall be deemed to be a “serving seaman” during any period commencing the day on which he assumes command of the ship and ending thirty days after the date on which he finally relinquishes such command; and (b)\tan apprentice shall be deemed to be a “serving seaman” during any period commencing the day on which he joins the ship and ending thirty days after the date on which he leaves such ship.",
"name": "Provisions of this Chapter to apply to masters and apprentices",
"related_acts": "",
"section_id": 225
},
{
"act_id": 642,
"details": "223. (1) The Government, after consultation with the Supreme Court, may, by notification in the official Gazette, make rules for carrying out the purposes of this Chapter. (2) In Particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- (a)\tthe manner and form in which any notice or certificate under this Chapter shall be given; (b)\tthe period for which proceedings or any class of proceedings shall be postponed under sub section (1) of section 218; (c)\tthe conditions subject to which damages may be awarded under sub-section (1) of section 219, and the amount of such damages; and (d)\tany other matter which is to be or may be prescribed.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 226
},
{
"act_id": 642,
"details": "224. (1) The Government may, by notification in the official Gazette, make rules prescribing the uniforms, hereinafter referred to as the Standard Uniform, which a person employed on a Bangladesh Ship shall be entitled to wear; and a different Standard Uniform may be prescribed for persons of different positions or ranks. (2) A person entitled to wear a Standard Uniform shall, if so required by the rules but subject to the provisions of this Chapter, wear the Standard Uniform appropriate to his position or rank",
"name": "Uniform to be prescribed",
"related_acts": "",
"section_id": 227
},
{
"act_id": 642,
"details": "225. A person holding a Certificate of Competency issued under this Ordinance and a citizen of Bangladesh holding a Certificate of Competency recognised under section 88, being temporarily unemployed, shall be entitled to wear on such occasions as the Government may direct, the Standard Uniform appropriate to the rank in which he was last employed.",
"name": "Certificated officers may wear uniforms while unemployed",
"related_acts": "",
"section_id": 228
},
{
"act_id": 642,
"details": "226. A person entitled to wear the Standard Uniform shall not wear it while he is employed ashore other than as Commandant or Nautical or Engineering Instructor in the Marine Academy.",
"name": "Uniforms when not to be worn",
"related_acts": "",
"section_id": 229
},
{
"act_id": 642,
"details": "227. A person entitled to wear the Standard Uniform shall not, when on board a Bangladesh ship in port or on shore, be dressed partly in uniform and partly not in uniform.",
"name": "Persons not to be dressed partly in uniform",
"related_acts": "",
"section_id": 230
},
{
"act_id": 642,
"details": "228. (1) If any person who is required to wear the Standard Uniform does not so wear it, he shall be punishable with fine which may extend to one thousand Taka. (2) If any person, not being so entitled, wears the Standard Uniform or any part thereof or any dress having the appearance or bearing any of the distinctive marks of the Standard Uniform, he shall be punishable with fine which may extend to two thousand Taka. (3) If a person wears the Standard Uniform in such a manner or under such circumstances as to be likely to bring contempt on the uniform, he shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to two thousand Taka: Provided that nothing in this sub section shall apply to the wearing of such uniform in the course or for the purpose of a stage play or representation or any other performance if the uniform is not worn in such a manner or under such circumstances as to bring it into contempt. (4) If any person entitled to wear the Standard Uniform when on board a Bangladesh Ship in port or on shore appears dressed partly in uniform and partly not in uniform under such circumstances as to be likely to bring contempt on the uniform, or, being entitled to wear the uniform appropriate to a particular rank or position, wears the uniform appropriate to some higher rank or position, he shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to two thousand Taka, or both.",
"name": "Penalties",
"related_acts": "",
"section_id": 231
},
{
"act_id": 642,
"details": "229. (1) If a seaman or apprentice, whilst on board a ship, states to the master that he desires to make a complaint against him or any of the crew, when in Bangladesh, to the Shipping Master or a Magistrate, and when outside Bangladesh, to a Bangladesh Consular Officer or a Bangladesh Naval Officer not below the rank of a Lieutenant Commander, the Master shall, so soon as the service of the ship may permit,- (a)\tif the ship is then at a place where there is an authority to whom the complaint is sought to be made, after such statement, and (b)\tif the ship is not then at such a place, after her first arrival at such a place, allow the complainant to go ashore or send him ashore in proper custody so that he may be enabled to make the complaint. (2) If any master fails, without reasonable cause, to comply with the provisions of this section, he shall for each offence, be punishable with fine which may extend to five thousand Taka.",
"name": "Facilities for making complaints",
"related_acts": "",
"section_id": 232
},
{
"act_id": 642,
"details": "230. Subject to the provisions of this Ordinance, an assignment or sale of salvage payable to a seaman or apprentice made prior to the accruing thereof shall not bind the person making the same, and power of attorney or authority for the receipt of any such salvage shall not be irrevocable.",
"name": "Assignment or sale of salvage invalid",
"related_acts": "",
"section_id": 233
},
{
"act_id": 642,
"details": "231. A debt incurred by any seaman after he has been engaged to serve shall not be recoverable until the service agreed for is concluded.",
"name": "Debts not recoverable till the conclusion of agreed service",
"related_acts": "",
"section_id": 234
},
{
"act_id": 642,
"details": "232. A Shipping Master, Seamen's Welfare Officer or any officer duly authorised in this behalf may, at any time, inspect any place where seamen may be lodged and either prohibit such lodging or require that persons of improper character be excluded from such lodging, or that the accommodation, sanitary conditions and other matters connected with the proper maintenance of such lodging be brought up to a prescribed standard.",
"name": "Inspection of seamen’s lodging houses",
"related_acts": "",
"section_id": 235
},
{
"act_id": 642,
"details": "233. (1) No person shall, while a ship is at any port or place in Bangladesh- (a) solicit a seaman or apprentice to become a lodger at the house of any person letting lodgings for hire; or (b)\ttake out of the ship any property of the seaman or apprentice except under the direction of the seaman or apprentice and with the permission of the master. (2) Whoever contravenes the provisions of this section shall, for each offence, be punishable with fine which may extend to five thousand Taka.",
"name": "Prohibition against solicitation by lodging house keepers",
"related_acts": "",
"section_id": 236
},
{
"act_id": 642,
"details": "234. (1) If a person receives or takes into his possession or under his control any money or other property of a seaman or apprentice and does not return the same or pay the value thereof when required by the seaman or apprentice, subject to deduction of such amounts as may be justly due to him from the seaman or apprentice in respect of board or lodging or otherwise, absconds therewith, he shall, for each offence, be punishable with imprisonment which may extend to one year, or with fine which may extend to five thousand Taka, or with both. (2) Any Court imposing a fine under sub-section (1) may direct the amount of such money or the value of the property itself to be forthwith paid or delivered to the seaman or apprentice.",
"name": "Seaman’s property not to be detained",
"related_acts": "",
"section_id": 237
},
{
"act_id": 642,
"details": "235. Where a ship has arrived at a port or place in Bangladesh at the end of a voyage and any person, not being in the service of the Government or not being duly authorised by law for the purpose, goes on board the ship without the permission of the master before the seaman lawfully leave the ship at the end of their engagement or are discharged, whichever happens last, the master of the ship may take such person into custody and deliver him up forthwith to a police officer to be taken before a Magistrate to be dealt with according to the provisions of this Ordinance.",
"name": "Ship not to be boarded without permission before seaman Leave",
"related_acts": "",
"section_id": 238
},
{
"act_id": 642,
"details": "236. Where a proceeding is instituted in any Court in relation to any dispute between the master, owner or agent of a ship and a seaman or apprentice, arising out of or incidental to their relation as such, or is instituted for the purpose of this section, the Court, if having regard to all the circumstances of the case, thinks it just to do so, may rescind any contract between the master, owner or agent and the seaman or apprentice upon such terms as the Court may deem fit; and this power of the Court shall be in addition to any power it may have in the exercise of any other jurisdiction.",
"name": "Power of Court to rescind contract between master, owner or agent and seaman or apprentice",
"related_acts": "",
"section_id": 239
},
{
"act_id": 642,
"details": "237. (1) The Government may, by notification in the official Gazette, constitute a Maritime Advisory Committee, consisting of such representatives of ship-owners, seamen and the Government as it may deem fit. (2) The functions of the Committee shall be- (a)\tto prevent and adjust differences between ship-owners and seamen; (b)\tto advise the Government on the improvements to be made in the system of recruitment of seamen; (c)\tto advise the Government on the improvements or modifications to be made in the terms and conditions of employment of seamen, such as, standardisation of their rates of wages, hours of work, manning scale, and similar other matters; (d)\tto advise the Government on the steps to be taken for ameliorating unemployment among seamen; and (e)\tto advise the Government on any other matter relating to seamen which may be referred to it.",
"name": "Constitution and functions of Maritime Advisory Committee",
"related_acts": "",
"section_id": 240
},
{
"act_id": 642,
"details": "238. The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Chapter.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 241
},
{
"act_id": 642,
"details": "239. (1) This Part applies to power driven sea going passenger ships. (2) Notwithstanding anything contained in sub section (1), Government may declare that all or any of the provisions of Chapter 20 shall apply to sailing ships, or any class of sailing ships, carrying more than fifteen un-berthed passengers.",
"name": "Application",
"related_acts": "",
"section_id": 242
},
{
"act_id": 642,
"details": "240. (1) No ship shall take on board, or carry between ports or places in Bangladesh or to or from any port or place in Bangladesh from or to any port or place outside Bangladesh, more than twelve passengers unless she has a Passenger Ship Safety Certificate under this Chapter in force and applicable to the voyage on which she is about to proceed or the service on which she is about to be employed. (2) Nothing in sub section (1) shall apply to any ship having a Passenger Ship Safety Certificate deemed to have been granted by the Government before the commencement of this Ordinance and in force immediately before such commencement, unless it appears from the Certificate that it is inapplicable to the voyage on which the ship is about to proceed or the service on which she is about to be employed, or unless there is reason to believe that the ship has, since the grant of the Certificate, sustained damage or been found unseaworthy or otherwise inefficient.",
"name": "No ship to carry passengers without a Passenger Ship Safety Certificate",
"related_acts": "",
"section_id": 243
},
{
"act_id": 642,
"details": "241. The Collector of Customs shall not grant a clearance, and a pilot shall not be assigned, to any ship for which a Passenger Ship Safety Certificate is required by this Chapter until after the production by the owner or master thereof of such Certificate in force and applicable to the voyage on which she is about to proceed and the service on which she is about to be employed.",
"name": "No port clearance until Passenger Ship Safety Certificate produced",
"related_acts": "",
"section_id": 244
},
{
"act_id": 642,
"details": "242. If any ship for which a Passenger Ship Safety Certificate is required by this Chapter leaves or attempts to leave any port without a Certificate, the Collector of Custom and Surveyor may, at any reasonable time, go on board a ship, and detain her until she obtains a Certificate.",
"name": "Power to detain ship not having Passenger Ship Safety Certificate",
"related_acts": "",
"section_id": 245
},
{
"act_id": 642,
"details": "243. The owner or agent of every passenger ship for which a Passenger Ship Safety Certificate is required under this Chapter shall cause it to be surveyed in the prescribed manner.",
"name": "Owner or agent responsible for survey",
"related_acts": "",
"section_id": 246
},
{
"act_id": 642,
"details": "244. (1) For the purposes of a survey under this Chapter, any Surveyor, may at any reasonable time, go on board a ship, and may inspect the ship and any part thereof, and the machinery, equipment or articles on board the ship: Provided that the Surveyor shall not, except to the extent necessary for the purposes of this sub section, hinder the loading or unloading of the ship or detain or delay her from proceeding on any voyage. (2) The owner, master and officers of the ship shall afford to the Surveyor all reasonable facilities for a survey of the ship, and shall furnish all such information respecting the ship and her machinery and equipment as the Surveyor may reasonably require.",
"name": "Powers of Surveyor",
"related_acts": "",
"section_id": 247
},
{
"act_id": 642,
"details": "245. Before a survey under this Chapter is commenced, the owner or master of the ship to be surveyed shall pay to such officer as the Government may appoint in this behalf- (a)\ta fee calculated on the tonnage of the ship according to prescribed rates; and (b)\tsuch additional fee, in respect of the expenses, if any, of the journey of the Surveyor to the ship, as the Government may, by notification in the official Gazette, direct.",
"name": "Fees in respect of surveys",
"related_acts": "",
"section_id": 248
},
{
"act_id": 642,
"details": "246. When a survey under this Chapter is completed, the Surveyor making it shall, if satisfied that he can with propriety do so forthwith, give to the Principal Officer a declaration of survey in the prescribed form containing the following particulars, namely:- (a)\tthat the hull and machinery of the ship are sufficient for the service intended and in good condition; (b)\tthat the equipment of the ship is in such condition and the Certificates of the master, mate or mates, and engineer or engineers and of the radio operators, are such as are required by this Ordinance and by any other law for the time being in force and applicable to the ship; (c)\tthe time, if less than one year, for which the hull, machinery and equipment of the ship will be sufficient; (d)\tthe voyages or class of voyages on which, as regards construction, machinery and equipment, the ship is in the Surveyor's judgement fit to ply; (e)\tthe number of passengers which the ship is, in the judgement of the Surveyor, fit to carry, distinguishing, if necessary, between the respective numbers to be carried on the deck and in the cabins and in different parts of the deck and cabins; and number to be subject to such conditions and variations, according to the time of year, the nature of the voyage, the cargo carried or other circumstances as the case requires; and (f)\tany other prescribed particulars",
"name": "Declaration of survey",
"related_acts": "",
"section_id": 249
},
{
"act_id": 642,
"details": "247. Upon the receipt of a declaration of survey, the Principal Officer shall, if satisfied that the provisions of this Chapter have been complied with, cause a Certificate, in duplicate, to be prepared and delivered, through such officer at the port at which the ship was surveyed as the Principal Officer may specify in this behalf, to the owner or master of the ship surveyed, on his applying and paying the sums, if any, prescribed as payable prior to delivery of a Certificate.",
"name": "Grant of Passenger Ship Safety Certificate",
"related_acts": "",
"section_id": 250
},
{
"act_id": 642,
"details": "248. (1) If the Surveyor or Surveyors making a survey under this Chapter refuse to give a declaration of survey under section 246 with regard to any ship, or give a declaration with which the owner, agent or master of the ship surveyed is dissatisfied, the Government may, on the application of the owner, agent or master, and on payment by him of such fee, not exceeding twice the amount of the fee for the previous survey, as the Government may require, direct any other Surveyor or Surveyors to survey the ship. (2) The Surveyor or Surveyors directed under sub section (1) shall forthwith survey the ship, and may, after the survey, either refuse to give a declaration or give such declaration as under the circumstances seems proper; and the decision of the Surveyor or Surveyors shall, subject to the other provisions of this Chapter, be final",
"name": "Power of Government to order a second survey",
"related_acts": "",
"section_id": 251
},
{
"act_id": 642,
"details": "249. (1) When a ship is required to be furnished with a Passenger Ship Safety Certificate under this Chapter and the Government is satisfied by the production of a certificate of partial survey- (a)\tthat the ship has been officially surveyed at a port in a country outside Bangladesh, (b)\tthat the requirements of this Ordinance are proved by that survey to have been substantially complied with, and (c)\tthat Passenger Ship Safety Certificate granted under this Chapter are accepted in such country in lieu of the corresponding certificates required under the laws in force in that country, the Government may, if it thinks fit, dispense with any further survey of the ship in respect of the requirements so complied with, and give a Certificate which shall have the same effect as a Certificate given after survey under this Chapter. (2) When the Government has, by notification in the official Gazette, declared that it is satisfied that an official survey at a port in a country outside Bangladesh specified in the declaration is such as to prove that the requirements of this Ordinance have been substantially complied with, any person authorised by the Government in this behalf may exercise the power of the Government under sub section (1) to dispense with a survey and to give a Certificate. (3) The provisions of sub section (1) shall be applicable in the case of ships furnished with valid certificates of partial survey including docking certificates, as if they were ships furnished with like certificates granted at ports in countries outside Bangladesh and the powers of the Government under the said sub section may also be exercised by any person authorised by it in this behalf.",
"name": "Ships with Passenger Ship Safety Certificate or certificates of partial survey granted outside Bangladesh",
"related_acts": "",
"section_id": 252
},
{
"act_id": 642,
"details": "250. A Passenger Ship Safety Certificate granted under this Chapter shall not be in force- (a)\tafter the expiration of one year from the date thereof; or (b)\tafter the expiration of the period, if less than one year, for which the hull, boilers, engines or any of the equipment have been stated in the Certificate to be sufficient; or (c)\tafter notice has been given by the Government to the owner, agent or master of the ship to which the Certificate relates that the Government has cancelled or suspended it.",
"name": "Duration of Passenger Ship Safety Certificate",
"related_acts": "",
"section_id": 253
},
{
"act_id": 642,
"details": "251. Any Passenger Ship Safety Certificate granted under this Chapter may be cancelled or suspended by the Government if it has reason to believe- (a)\tthat the declaration by the Surveyor of the sufficiency and good condition of the hull, boilers, engines or any of the equipment of the ship has been fraudulently or erroneously made; or (b)\tthat the Certificate has otherwise been issued upon false or erroneous information.",
"name": "Cancellation or suspension of Passenger Ship Safety Certificate by Government",
"related_acts": "",
"section_id": 254
},
{
"act_id": 642,
"details": "252. (1) The owner, agent or master of a ship in respect of which a Passenger Ship Safety Certificate has been granted under this Chapter and is in force shall, as soon as possible after any alteration is made in the ship's hull, equipment or machinery which affects the efficiency thereof or the seaworthiness of the ship, give written notice to such person as the Government may direct containing full particulars of the alteration. (2) If the owner, agent or master of a ship, without reasonable cause, fails to give the notice required by sub section (1), he shall be punishable with a fine which may extend to twenty thousand Taka. (3) If the Government has reason to believe that since the making of the last declaration of survey in respect of a ship- (a)\tany such alteration as aforesaid has been made in the hull, equipment or machinery of the ship; or (b) the hull, equipment or machinery of the ship have sustained any injury or are otherwise insufficient, the Government may require the ship to be again surveyed to such extent as it may think fit, and, if such requirement is not complied with, may cancel any Passenger Ship Safety Certificate issued under this Chapter in respect of the said ship.",
"name": "Alterations in ships subsequent to grant of Passenger Ship Safety Certificate, and additional surveys",
"related_acts": "",
"section_id": 255
},
{
"act_id": 642,
"details": "253. (1) Every Passenger Ship Safety Certificate granted or deemed to have been granted under this Chapter which has expired, or has been cancelled or suspended, shall be delivered up to such persons as the Government may direct. (2) If the owner, agent or master of a ship, without reasonable cause, neglects or refuses to deliver up a Certificate as required by sub section (1), he shall be punishable with fine which may extend to five thousand Taka.",
"name": "Delivery of expired or cancelled Certificates",
"related_acts": "",
"section_id": 256
},
{
"act_id": 642,
"details": "254. (1) The owner, agent or master of every ship for which a Passenger Ship Safety Certificate has been granted under this Chapter shall forthwith, on the receipt of the Certificate, cause one of the duplicates thereof to be affixed and kept affixed so long as the Certificate remains in force and the ship is in use, on some conspicuous part of the ship where it may be easily read by all persons on board the ship. (2) If the Certificate is not so kept affixed, the owner, agent and master shall each be punishable with fine which may extend to ten thousand Taka.",
"name": "Passenger Ship Safety Certificate to be affixed in conspicuous part of ship",
"related_acts": "",
"section_id": 257
},
{
"act_id": 642,
"details": "255. (1) No ship on any voyage or excursion shall carry or attempt to carry passengers in contravention of section 240, or shall have on board or in any part thereof a number of passengers which is greater than the number set forth in the Passenger Ship Safety Certificate as the number of passengers which the ship or the part thereof is fit to carry on that voyage. (2) The owner, agent and master of a ship in respect of which the provisions of sub section (1) are contravened shall each be punishable with fine which may extend to twenty thousand Taka, and also with an additional fine which may extend to five hundred Taka for each passenger above the number set forth in the Passenger Ship Safety Certificate: Provided that if the ship is a Special Trade Passenger Ship and has on board a valid Special Trade Passenger Ship Certificate and a valid Special Trade Passenger Ship Space Certificate, reference to the number set forth in the Passenger Ship Safety Certificate shall, on all Special Trade voyages, be a reference to the lesser of the two numbers contained in each of the aforementioned Special Trade Certificates applicable to the voyage being undertaken.",
"name": "Ship not to carry passengers in contravention of this Ordinance",
"related_acts": "",
"section_id": 258
},
{
"act_id": 642,
"details": "256. (1) If, in the case of a ship for which a Passenger Ship Safety Certificate has been granted under this Chapter, any person- (a) \tbeing drunk or disorderly has been on that account refused admission thereto by the owner or any person in his employment and, after having the amount of his fare, if he has paid it, returned or tendered to him, nevertheless persists in attempting to enter the ship; or (b) \tbeing drunk or disorderly on board the ship is requested by the owner or any person in his employment to leave the ship at any place in Bangladesh at which he can conveniently do so and after having the amount of his fare, if he has paid it, returned or tendered to him, does not comply with the request; or (c) \ton board the ship after warning by the master or other officer thereof, molests or continues to molest any passenger; or (d) \thaving gone on board the ship at any place and being requested, on account of the ship being full, by the owner or any person in his employment to leave the ship, before it has departed from that place and having had the amount of his fare, if he has paid it, returned or tendered to him, does not comply with the request; or (e) \ttravels or attempts to travel in the ship without first paying his fare and with intent to avoid payment thereof; or (f) \ton arriving in the ship at the place for which he has paid his fare knowingly and wilfully refuses or neglects to quit the ship; or (g) \ton board the ship, fails when requested by the master or other officer thereof either to pay his fare or to produce such ticket or other receipt, if any, showing the payment of his fare as is usually given to a person travelling by and paying fare for the ship, he shall be punishable with fine which may extend to two thousand Taka but such punishment shall not prejudice the recovery of the fare, if any, payable by him. (2) If any person on board any such ship wilfully does or causes to be done anything in such a manner as to interfere with or damage any part of the machinery or tackle of the ship or to obstruct, impede or molest the crew or any of them in the navigation or management of the ship or otherwise in the execution of their duty on or about the ship, he shall be punishable with fine which may extend to five thousand Taka but such punishment shall not prejudice the recovery from him, by way of damages, of all losses and expenses suffered or incurred by the ship on account of his conduct. (3) Without prejudice to the provisions of sub section (1) and sub section (2), the master or other officer of any such ship and all persons called by him to his assistance may, without warrant, detain any person who commits any offence thereunder and whose name and address are not known to the master or officer and convey him with all convenient despatch before the nearest Magistrate to be dealt with according to law.",
"name": "Offences in connection with passenger ships",
"related_acts": "",
"section_id": 259
},
{
"act_id": 642,
"details": "257. The master of any passenger ship may refuse to receive on board the ship any person who by reason of drunkenness or otherwise is in such a state or misconducts himself in such a manner as to cause annoyance or injury to passengers on board and if any such person is on board, may put him on shore at any convenient place; and a person so refused admittance or put on shore shall not be entitled to the return of any fare he has paid.",
"name": "Power to exclude drunken passengers from passenger ship",
"related_acts": "",
"section_id": 260
},
{
"act_id": 642,
"details": "258. (1) The master of every ship, whether a Bangladesh ship or a foreign ship which carries any passenger to a place in Bangladesh from a place out of Bangladesh or from any place in Bangladesh to any place out of Bangladesh, shall furnish to such person and in such manner as the Government directs, a return giving the total number of passengers so carried, distinguishing, if so directed by the Government, the total number of any class of passengers so carried, and giving, if the Government directs, such particulars with respect to passengers as may for the time being be required. (2) Every passenger shall furnish the master of the ship with any information required of him for the purpose of the return. (3) If the master of a ship fails to make a return as required by this section, or makes a false return, and if any passenger refuses to give any information required by the master of the ship for the purpose of the return required by this section, or gives any false information for the purpose, the master or as the case may be, the passenger shall be liable for each offence to a fine not exceeding five thousand Taka.",
"name": "Return to be furnished",
"related_acts": "",
"section_id": 261
},
{
"act_id": 642,
"details": "259. (1) The Government may, by notification in the official Gazette, make rules to carry out the purposes of this Chapter. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may regulate the holding of surveys and may provide for all or any of the following matters, namely:- (a) \tthe times and places at which, and the manner in which, surveys are to be held; (b) \tthe requirements as to construction, machinery, equipment and marking of subdivision load lines, which are to be fulfilled before a declaration of survey may be granted; (c) \tsurvey of ships by two or more surveyors; (d) \tthe duties of the Surveyor making a survey, and where two or more Surveyors are employed, the respective duties of each of the Surveyors employed; (e) \tthe form in which the declarations of survey, Passenger Ship Safety Certificates, Special Trade Passenger Ship Certificates and Special Trade Passenger Ship Space Certificates under this Chapter are to be made, and the nature of the particulars which are to be stated therein; and (f) \tthe rates according to which the fees payable in respect of surveys are to be calculated.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 262
},
{
"act_id": 642,
"details": "260. (1) A special trade passenger ship shall not depart or proceed on a voyage from, or embark or disembark special trade passengers at, any port or place within Bangladesh other than a port or place designated in this behalf by the Government. (2) After a ship has departed or proceeded on a voyage from a port or place so designated, no special trade passenger shall be received on board except at some other port or place so designated",
"name": "Ships not to proceed on voyage from any place not designated by Government",
"related_acts": "",
"section_id": 263
},
{
"act_id": 642,
"details": "261. (1) The owner, agent or master of a special trade passenger ship intending to depart or proceed on a voyage from a port or place designated under section 260 shall give notice to an officer appointed in this behalf by the Government, hereinafter called the Certifying Officer, stating that the ship is to carry special trade passengers and also specifying her destination and the time at which it is proposed to depart or proceed. (2) The notice under sub section (1) shall be given not less than 24 hours before the time of the ship's departure from the first port in Bangladesh at which passengers are embarked. (3) The owner, agent and master of a ship in respect of which the provisions of sub section (1) are not complied with shall each be punishable with a fine which may extend to ten thousand Taka.",
"name": "Notice to be given about day of departure",
"related_acts": "",
"section_id": 264
},
{
"act_id": 642,
"details": "262. (1) After receiving the notice under section 261, the Certifying Officer or a person authorised by him may at all times board the ship and inspect her and her fittings and the provisions and stores on board. (2) If the Certifying Officer or the person so authorised finds that any of the rules concerning accommodation for special trade passengers has not been complied with or that any of the fittings is in disrepair or that the ship is not provided with the required provisions, water and stores for special trade passengers, he shall communicate his findings to the Principal Officer, who shall cause the aforementioned items to be resurveyed and the Special Trade Passenger Ship Safety Certificate or the Special Trade Passenger Ship Space Certificate, or both, may be withdrawn until the deficiencies are rectified. (3) If a person impedes or refuses to allow any entry or inspection under sub section (1), he shall be punishable with imprisonment for a term which may extend to six months, or with a fine which may extend to ten thousand Taka, or with both.",
"name": "Power to board and inspect ship",
"related_acts": "",
"section_id": 265
},
{
"act_id": 642,
"details": "263. (1) The provisions of Chapter 19 apply to special trade passenger ships as they apply to other passenger ships and no special trade passenger ship shall proceed on any voyage unless she has, in addition to the Passenger Ship Safety Certificate prescribed in Chapter 19, a Special Trade Passenger Ship Safety Certificate, together with a Special Trade Passenger Ship Space Certificate, both of which shall be issued in duplicate, by the Principal Officer on receipt of a declaration of survey stating that a special trade passenger ship complies with the applicable requirements relating to special trade passenger ships. (2) The Certifying Officer or person so authorised by sub section (1) of section 262 to inspect the ship, shall, if he is satisfied that he can with propriety do so, grant to the master a certificate for clearance, that is to say, a certificate stating that all the requirements of this Part have been duly complied with and that in his opinion the ship is in all respects fit for the intended voyage and that the special trade passengers are in a fit state to proceed and that, if the ship is a pilgrim ship, the master's bond has been executed. (3) A special trade passenger ship attempting to go to sea may be detained until the certificates required by this section are produced to the Collector of Customs. (4) The Special Trade Passenger Ship Safety Certificate and the Special Trade Passenger Ship Space Certificate may be combined in one document and shall be issued for a period not exceeding one year.",
"name": "Certification and survey",
"related_acts": "",
"section_id": 266
},
{
"act_id": 642,
"details": "264. Without prejudice to the powers to make rules under section 259, the Government may, by notification in the official Gazette, make rules relating to requirements for special trade passenger ships which may provide for all or any of the following matters, namely:- (a)\tthe accommodation space required to be provided, which shall include the location of such accommodation and space in the ship, provision of bunks and specifications thereof, number of hospitals, lavatories, supply of light and ventilation and the provision of airing spaces and awnings; (b)\tprovision for the separation of different categories of passengers; (c)\tthe number of persons to be carried on a special trade passenger ship; (d)\tthe seasons of fair weather during which periods passengers may be accommodated on the weather deck; (e)\tthe seasons of foul weather during which periods passengers may not be accommodated on the weather deck except for the use of the deck as airing space as may be required to be provided in the rules made under this section; (f)\tthe classification of voyages with reference to the distance between the port of departure and the port of destination, the duration of the voyage, or any other consideration which the Government may think fit to take into account for the purpose; (g)\tthe prohibition or regulation of the carriage of cargo in any space reserved for passengers; (h)\tthe disposal of baggage of passengers on board the ship and the provision of separate space in between the decks for the storage of light baggage; (i)\tthe licensing, supervision and control of persons engaged in assisting persons to obtain special trade passenger accommodation in ships departing or proceeding from any port or place in Bangladesh and the prohibition of unlicensed person from being so engaged; and (j)\tany other matter which is to be made or may be prescribed under this Chapter.",
"name": "Special power to make rules",
"related_acts": "",
"section_id": 267
},
{
"act_id": 642,
"details": "265. Special trade passengers shall not be permitted to cook food on board.",
"name": "Cooking food prohibited",
"related_acts": "",
"section_id": 268
},
{
"act_id": 642,
"details": "266. The provisions of section 254 shall, mutatis mutandis, apply to Special Trade Passenger Ship Safety and Space Certificates as they apply to Passenger Ship Safety Certificates.",
"name": "Applicability of section 254 to certain certificates",
"related_acts": "",
"section_id": 269
},
{
"act_id": 642,
"details": "267. (1) The master of every special trade passenger ship departing or proceeding on a voyage from any port or place in Bangladesh shall sign a statement in duplicate in the prescribed form specifying the total number, indicating the number of each sex, of all special trade passengers embarked and the number of crew, and such other particulars as may be prescribed, and shall deliver both copies to the Certifying Officer, who shall thereupon, after first having satisfied himself that the entries are correct, countersign and return to the master one of the copies. (2) If, at any time after the passenger list has been signed and delivered as aforesaid, any additional special trade passenger is taken on board, the master shall add to his copy of the list, and also enter on an additional list signed by him, the prescribed particulars of every such additional passenger. (3) The master's amended copy of the list shall be signed by the Certifying Officer at the time at which he delivers the additional list to that officer. (4) The foregoing requirements are in addition to, and not in substitution for, the passenger returns required by section 258.",
"name": "List of departing special trade passenger",
"related_acts": "",
"section_id": 270
},
{
"act_id": 642,
"details": "268. (1) The master of every special trade passenger ship arriving at any port or place in Bangladesh at which it is intended to disembark special trade passengers, shall, before any such passenger is landed, deliver to the Certifying Officer appointed thereat a statement signed by him specifying the total number, indicating the number of each sex, of all the special trade passengers on board and the number of other passengers and the number of crew and such other particulars as may be prescribed. (2) The foregoing requirements of this section are in addition to, and not in substitution for, the passenger returns required by section 258.",
"name": "List of arriving special trade passenger",
"related_acts": "",
"section_id": 271
},
{
"act_id": 642,
"details": "269. The master of every special trade passenger ship, in addition to recording in the official log book every case of death happening on board, shall note on the copy of the statement returned to him under section 267 and on any additional list signed by him, the date and supposed cause of death of any special trade passenger who dies on board, and shall, when the ship arrives at her destination and before any such passengers are disembarked, produce the statement,- (a)\twhere such destination is in Bangladesh, to the Collector of Customs; (b)\twhere such destination is outside Bangladesh, to the Bangladesh Consular Officer.",
"name": "Deaths on Board",
"related_acts": "",
"section_id": 272
},
{
"act_id": 642,
"details": "270. (1) Every special trade passenger ship which has on board more than one hundred persons, which number shall include special trade passengers, cabin passengers and crew, shall have on board a Medical Officer possessing such qualifications as may be prescribed. If the number of such persons exceeds one thousand, two such Medical Officers shall be carried and if the number exceeds two thousand, three such Medical Officers shall be carried. In addition to the aforementioned Medical Officers there shall also be carried such attendants as may be prescribed. (2) The services of all such Medical Officers and attendants shall be provided without charge to all special trade passengers on board. (3) Any person who charges a special trade passenger for the services of a Medical Officer or attendant shall, for each offence, be punishable with fine which may extend to two thousand Taka. (4) Every such Medical Officer shall keep diaries and submit reports or other returns as may be prescribed. (5) If Medical Officers and attendants are not carried on a special trade passenger ship in accordance with the provisions of sub section (1), the master and owner shall each be liable to a fine not exceeding twenty thousand Taka.",
"name": "Medical Officers and attendants",
"related_acts": "",
"section_id": 273
},
{
"act_id": 642,
"details": "271. The master of a special trade passenger ship shall, if he fails to comply with any of the requirements of sections 267, 268 or 269 as to the statements concerning special trade passengers, or wilfully makes any false entry in any such statement, for each offence, be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to twenty thousand Taka, or with both.",
"name": "Penalty for non compliance with requirements as to statements concerning special trade passengers",
"related_acts": "",
"section_id": 274
},
{
"act_id": 642,
"details": "272. (1) If the master of a special trade passenger ship, or any contractor employed by him for the purpose, should, without reasonable cause, the burden of proving which shall lie upon him, omit to supply to any special trade passenger the prescribed allowance of food and water, he shall be punishable with fine which may extend to twenty thousand Taka for every special trade passenger who has not been supplied with such allowance. (2) Where, under the terms of the ticket issued to him, a special trade passenger is not entitled to the supply of food as aforesaid, sub section (1) shall have effect in relation to such passenger as if reference therein to “food” were omitted.",
"name": "Penalty for failing to supply special trade passengers with prescribed provisions",
"related_acts": "",
"section_id": 275
},
{
"act_id": 642,
"details": "273. (1) If a special trade passenger ship departs or proceeds on a voyage from or lands special trade passengers at any port or place within Bangladesh in contravention of the provisions of this Chapter, or if a person is received as a special trade passenger on board any such ship in contravention of any such provision, the master or owner shall, for every special trade passenger carried in the ship, or for every special trade passenger so landed or received on board, be punishable with imprisonment for a term which may extend to three months, or with a fine which may extend to five thousand Taka, or with both: Provided that the aggregate term of imprisonment awarded under this section shall not exceed two years. (2) The Collector of Customs, if he has reasonable grounds to believe that the master or owner of a ship has incurred any penalty under sub section (1), may seize and detain the ship, whenever found in any port or place within Bangladesh, until the penalties so incurred have been adjudicated and the payment of the fines, if any, imposed on the master or owner, with all costs, has been enforced.",
"name": "Penalty for ship unlawfully departing or receiving passengers on board",
"related_acts": "",
"section_id": 276
},
{
"act_id": 642,
"details": "274. If the master or a special trade passenger ship after having obtained any of the certificates mentioned in this Chapter fraudulently does or suffers to be done anything whereby the certificate becomes inapplicable to the altered state of the ship, or her special trade passengers, or other matters to which the certificate relates, he shall be punishable with imprisonment for a term which may extend to one year, or with a fine which may extend to twenty thousand Taka, or with both.",
"name": "Penalty for fraudulent alteration in ship after certificate obtained",
"related_acts": "",
"section_id": 277
},
{
"act_id": 642,
"details": "275. If the master of a special trade passenger ship lands any special trade passenger at any port or place other than the port or place contracted for by the passenger, except with his previous consent, or except when the landing is made necessary by perils of the sea or an unavoidable accident, the master shall, for each offence, be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to twenty thousand Taka, or with both.",
"name": "Penalty for landing special trade passenger at a port or place other than that contracted for",
"related_acts": "",
"section_id": 278
},
{
"act_id": 642,
"details": "276. (1) If any special trade passenger from a ship which is on a voyage from any port or place in Bangladesh finds himself, without any neglect or default of his own at any port or place outside Bangladesh other than the port or place for which the ship was originally bound, or at which he has contracted to be landed, the Bangladesh Consular Officer at or near that port or place may forward the passenger to his intended destination, unless the master, owner or agent of the ship gives to that officer, within forty eight hours of the arrival of the passenger, a written undertaking to forward the passenger within six weeks thereafter to his original destination and forwards him accordingly within that period. (2) A passenger so forwarded by a Bangladesh Consular Officer shall not be entitled to the return of his passage money or to any compensation for loss of passage.",
"name": "Forwarding of passengers by Bangladesh Consular Officers",
"related_acts": "",
"section_id": 279
},
{
"act_id": 642,
"details": "277. (1) All expenses incurred under section 276 by a Bangladesh Consular Officer in respect of the forwarding of a passenger to his destination, including the cost of maintaining the passenger until he is forwarded to his destination, shall be a debt due to the Government jointly and severally from the owner, charterer, agent and master of the ship on board which the passenger had embarked. (2) In any proceeding for the recovery of that debt, a certificate purporting to be under the hand of the Bangladesh Consular Officer and stating the circumstances of the case and the total amount of the expenses shall be prima facie evidence of the amount of the expenses and of the fact that the same were duly incurred.",
"name": "Recovery of expenses incurred in forwarding passengers",
"related_acts": "",
"section_id": 280
},
{
"act_id": 642,
"details": "278. (1) The officer appointed by the Government in this behalf at any port or place within Bangladesh at which a special trade passenger ship touches or arrives shall send any particulars which he may deem important respecting the special trade passenger ship, and the special trade passengers carried therein, to the officer so appointed at the port or place from which the ship commenced her voyage, and to the officer appointed at any other port or place within Bangladesh where the special trade passengers or any of them embarked or are to be disembarked. (2) The officer aforesaid may go on board any such ship and inspect her in order to ascertain whether the provisions of this Chapter as to the number of special trade passengers and other matters have been complied with.",
"name": "Information to be sent to ports of embarkation and disembarkation",
"related_acts": "",
"section_id": 281
},
{
"act_id": 642,
"details": "279. In any proceeding for the adjudication of any penalty incurred under this Chapter, any document purporting to be particulars sent under sub section (1) of section 278, or a copy of the proceedings of any Court duly authenticated, and also any like document purporting to be made and signed by a Bangladesh Consular Officer shall be received in evidence, if it appears to have been officially transmitted to any officer at or near the place where the proceeding under this Chapter is held.",
"name": "Information sent under section 278, etc. to be admissible in evidence",
"related_acts": "",
"section_id": 282
},
{
"act_id": 642,
"details": "280. (1) Special trade passenger ships carrying pilgrims shall, in addition to complying with the foregoing provisions of this Chapter, comply with sections 281 to 294. (2) Sections 281 to 293 shall not apply to special trade passenger ships not carrying pilgrims.",
"name": "Additional provisions for special trade passenger ships carrying pilgrims",
"related_acts": "",
"section_id": 283
},
{
"act_id": 642,
"details": "281. (1) Port clearance shall not be granted from any port in Bangladesh to any special trade passenger ship carrying pilgrims unless the master, owner or agent and two sureties resident in Bangladesh have executed, in favour of the Government, a joint and several bond for the sum of fifty lakh Taka covering all voyages which may be made by the ship in the current pilgrimage season on the conditions that- (a)\tthe master and medical officer or officers, if any, shall comply with the provisions of this Chapter and the rules made thereunder, and (b)\tthe master, owner or agent, as the case may be, shall pay any sum claimed by the Government under section 288. (2) A bond may be given under this section covering any or all of the pilgrim ships owned by one owner, and in such case the amount of the bond shall be one lakh Taka for each ship covered.",
"name": "Bond where special trade passenger ship is to carry pilgrims on outward voyage",
"related_acts": "",
"section_id": 284
},
{
"act_id": 642,
"details": "282. (1) No pilgrim shall be received on board any special trade passenger ship at any port or place in Bangladesh unless and until he has been medically inspected at such time and place and in such manner as the Government may fix in this behalf nor until the Certifying Officer has given permission for the embarkation of pilgrims to commence. (2) So far as may be practicable, and subject to any rules made in this behalf, the medical inspection of female pilgrims shall be carried out by female medical officers. (3) No pilgrim shall be received on board any special trade passenger ship unless he produces medical certificates signed by persons who, in the opinion of the officer making an inspection under this section, are duly qualified to grant such certificates showing that the pilgrim has been, inoculated and vaccinated against such diseases and quarantined for such period, as may, from time to time, be prescribed. (4) If, in the opinion of the officer making an inspection under this section any pilgrim is suffering from cholera or choleraic indisposition, or any dangerously infectious or contagious disease, or shows any signs of the same or any other suspicious symptoms, such pilgrim shall not be permitted to embark. (5) All articles which have been contaminated by persons suffering from cholera or choleraic indisposition, or any dangerously infectious or contagious disease, or are suspected of having been so contaminated shall, before being taken on board a special trade passenger ship, be disinfected, under the supervision of a medical officer appointed by the Government for the purpose, in such manner as may be prescribed. (6) If the master of any ship knowingly receives on board any pilgrim or contaminated articles in contravention of any of the provisions of this section, he shall be punishable with fine which may extend to ten thousand Taka for each such pilgrim or one thousand Taka for each such article, or with imprisonment for a term which may extend to one year, or with both.",
"name": "Medical inspection and permission required before embarkation of pilgrims",
"related_acts": "",
"section_id": 285
},
{
"act_id": 642,
"details": "283. (1) If, in the case of a special trade passenger ship, after all the pilgrims have been received on board, there is reason to suspect that any person on board is suffering from cholera or choleraic indisposition or any dangerously infectious or contagious disease, a medical inspection of all persons on board may be held in such manner as the Government may direct. (2) If on such inspection any person is found to be suffering from cholera or choleraic indisposition or any dangerously infectious or contagious disease, or shows any signs of the same or any other suspicious symptoms, he shall, together with all articles belonging to him, be at once removed from the ship. (3) If the master knowingly keeps on board any pilgrim or article ordered to be removed under this section, he shall be punishable with fine which may extend to ten thousand Taka for each such pilgrim or one thousand Taka for each such article, or with imprisonment for a term which may extend to one year, or with both.",
"name": "Medical inspection after embarkation in certain cases",
"related_acts": "",
"section_id": 286
},
{
"act_id": 642,
"details": "284. No pilgrim shall be received on board any special trade passenger ship at any port or place in Bangladesh unless he- (a)\tis in possession of a return ticket, or (b)\thas deposited in the prescribed manner such sum for the purpose of defraying the cost of a return ticket as the Government may, by notification in the official Gazette, specify: Provided that the officer authorised in this behalf by the Government may, if he is satisfied that it is inexpedient in the special circumstances of the case to enforce all or any of the above requirements, exempt any pilgrim from the same.",
"name": "Return passage to be secured",
"related_acts": "",
"section_id": 287
},
{
"act_id": 642,
"details": "285. (1) Every pilgrim travelling on a special trade passenger ship shall be entitled, on payment of his passage- money and fulfilment of other prescribed conditions, if any, to receive a ticket in the prescribed form, and shall be bound to produce it to such officers and on such occasions as may be prescribed and otherwise to deal with it in the prescribed manner: Provided that a pilgrim who has not been exempted under the proviso to section 284 shall not be given a ticket other than a return ticket unless he has made deposit required by that section. (2) Any ticket issued to a pilgrim for a voyage on a special trade passenger ship shall entitle him to receive food and water on the scale and of the quality prescribed and necessary medicines and medical treatment free of further charge throughout the voyage.",
"name": "Issue or production of tickets",
"related_acts": "",
"section_id": 288
},
{
"act_id": 642,
"details": "286. (1) Every pilgrim prevented from embarking under section 282, or removed from the ship under section 283, or otherwise prevented from proceeding, shall be entitled to the refund of any passage money which he may have paid, and of any deposit which he may have made under section 284. (2) Any pilgrim who, within three months of his sailing from Bangladesh, satisfies the Bangladesh Consular Officer at Jeddah that he intends to remain in the Hedjaz or to return to Bangladesh by a route other than the route by which he came from Bangladesh, shall be entitled to a refund of any deposit made by him under section 284 or, if he is in possession of a return ticket, to a refund of half the passage money paid by him. (3) Where any pilgrim dies in the Hedjaz or on the voyage thereto, any person nominated by him in this behalf in writing in the prescribed manner, or, if no person has been so nominated, his legal representative, shall be entitled to a refund of any deposit made by such pilgrim under section 284, or, if such pilgrim was in possession of a return ticket, to a refund of half the passage money paid by such pilgrim. (4) Where any pilgrim fails to return to Bangladesh from the Hedjaz within six months of his departure from Bangladesh, or returns to Bangladesh by a route other than the route by which he came from Bangladesh, he or any person nominated by him in this behalf in writing in the prescribed manner shall be entitled to a refund of any deposit made by such pilgrim under section 284, or, if such pilgrim was in possession of a return ticket, to a refund of half the passage money paid by such pilgrim, except where such deposit or passage money has already been refunded under this section. (5) Refunds under sub sections (1), (2), (3), and (4) of deposits shall be subject to such conditions and of passage money to such deductions and conditions as may be prescribed.",
"name": "Refund of deposits and passage money",
"related_acts": "",
"section_id": 289
},
{
"act_id": 642,
"details": "287. (1) All deposits made under section 284, which have been unclaimed for the prescribed period shall vest in the Government. (2) If any pilgrim entitled to a refund of passage money under sub section (1) of section 286, does not claim such refund within the prescribed period, or if any pilgrim who has purchased a return ticket does not, on the basis of such ticket, obtain a return passage from the Hedjaz within the prescribed period and half the passage money has not been refunded under sub section (2) or sub section (3) or sub section (4) of section 286, such passage money or, as the case may be, half the passage money shall vest in the Government. (3) Unclaimed deposits and passage money vesting in the Government under sub section (1) or sub section (2) shall be made over to such authority administering any fund maintained for the assistance of pilgrims as the Government may, by general or special order, designate in this behalf.",
"name": "Unclaimed deposits and passage money to vest in Government",
"related_acts": "",
"section_id": 290
},
{
"act_id": 642,
"details": "288. (1) The master, owner or agent of a special trade passenger ship carrying pilgrims shall make all arrangements for ensuring the return from Jeddah, within a period of ninety days after the Hajj day in the year, of all pilgrims in possession of return tickets issued in Bangladesh who are carried to the Hedjaz by such ship: Provided that for the purpose of computing the said period of ninety days, no period shall be taken into account during which the ship is prevented from carrying pilgrims on the return passage by reason of the port of Jeddah, having been declared by proper authority to be infected, or by reason of war disturbance, or any other cause not arising from any act or default of the master, owner or agent. (2) Where any such pilgrim who has notified the authority in the prescribed manner his desire to embark for the return voyage is, owing to his inability to obtain accommodation within the period of ninety days as aforesaid, detained at Jeddah beyond that period, the master, owner or agent of the ship in which such pilgrim was carried to the Hedjaz shall reimburse to the Government in respect of such pilgrim the actual expenditure incurred for his repatriation, together with a sum of one hundred Taka for each day after the expiry of the period aforesaid during which the pilgrim has been detained at Jeddah. (3) A certificate of such detention purporting to be made and signed by the Bangladesh Consular Officer at Jeddah shall be received in evidence in any Court in Bangladesh without proof of the signature or of the official character of the person who has signed the same.",
"name": "Cost of return journey of pilgrims on ships other than those for which return ticket is available",
"related_acts": "",
"section_id": 291
},
{
"act_id": 642,
"details": "289. (1) The master, owner or agent of any ship which is intended to proceed on a voyage as a special trade passenger ship carrying pilgrims from any port or place in Bangladesh shall, before advertising such ship for the conveyance of pilgrims or offering to convey any pilgrims by such ship or selling or permitting any person to sell a passage ticket to any pilgrim for conveyance by such ship, supply to the prescribed officer, hereinafter referred to as the Port Hajj Officer, at the port or place from which the ship is to commence the voyage and at each port or place in Bangladesh at which she is to touch for the purpose of receiving pilgrims on board, full particulars as to the class, tonnage and age of the ship, the maximum number of passage tickets of each class to be issued, the maximum price of each class of ticket, the date on which the ship is to depart or proceed on a voyage from that port or place, the ports, if any, at which she is to touch, the destination of the ship, and the probable date of her arrival thereat. (2) The master, owner or agent shall supply to the Port Hajj Officer, within three days from the date of demand, such further information in regard to the matters mentioned in sub section (1) as that officer may in writing demand from him. (3) The master, owner or agent of a ship intending to carry pilgrims shall at such time, not being less than ten days preceding the date of departure or proceeding on voyage of the ship from any port or place in Bangladesh as may be prescribed, advertise at such port or place in the prescribed manner- (a)\tthe destination of the ship, (b)\tthe proposed date of departure or proceeding on voyage from that port or place which shall be the date communicated to the Port Hajj Officer under sub section (1), and (c)\tthe price of each class of passage ticket, which shall not be in excess of the price communicated to the Port Hajj Officer under sub section (1). (4) The master, owner or agent of a ship shall be punishable with a fine which may extend to twenty thousand Taka, if he- (a) \twithout reasonable cause, the burden of proving which shall lie upon him, fails or refuses to supply any particulars or information which he is by, or under, this section required to supply, or supplies false particulars or information, or (b) \tadvertises any ship for the conveyance of pilgrims or offers to convey pilgrims by any ship, or sells or promises or permits any person to sell passage tickets to pilgrims for the conveyance by any ship, without having first supplied the particulars required by sub section (1) and in accordance with the provisions of that sub section, or (c) \tadvertises a date of departure or proceeding on voyage from any port or place other than the date communicated to the Port Hajj Officer at that port or place under sub section (1), or advertises a price for passage tickets at that port or place in excess of the price so communicated, or (d) \toffers to convey pilgrims by any ship from any port or place in Bangladesh or sells or promises or permits any person to sell passage tickets to pilgrims for conveyance by a ship from any such port or place without having advertised as required by sub section (3), the matters specified in that sub section, or (e) \tsells or permits any person to sell to any pilgrim any passage ticket at a price in excess of the price communicated to the Port Hajj Officer under sub section (1).",
"name": "Notice of proceeding of special trade passenger ship carrying pilgrims on voyage",
"related_acts": "",
"section_id": 292
},
{
"act_id": 642,
"details": "290. (1) If a ship fails to depart or proceed on voyage from any port or place on the date advertised under sub section (3) of section 289, the master, owner or agent shall be liable to pay as compensation to each pilgrim who has paid his passage money on or before that date the sum of fifty Taka for each completed day during which the departure or proceeding on voyage of the ship is delayed after that date: Provided that such compensation shall not be payable in respect of any period during which the departure of the ship is impossible owing to any cause not arising from the act or default of the master, owner or agent, the burden of proving which shall lie on the master, owner or agent: Provided further that, where compensation has been paid or has become payable to any pilgrim in respect of delay in the departure or proceeding on voyage of the ship from any port or place and the departure or proceeding on voyage of the ship from any other port or place is thereafter delayed, the pilgrim shall be entitled to compensation only in respect of any period by which the duration of such further delay exceeds the duration of the delay in respect of which he has already received or become entitled to compensation. (2) In the event of such failure as is referred to in sub section (1), the master, owner or agent shall be bound forthwith to inform the Port Hajj Officer at the port or place at which the delay occurs of the number of passage tickets of each class which have been issued for the voyage on or before the advertised date of departure or proceeding on voyage. (3) Any sum payable to the pilgrims as compensation under sub-section (1) shall be paid to the Port Hajj Officer at the port or place at which the delay occurs by the master, owner or agent on receipt by him of a notice from that Officer specifying the sum payable; and the Port Hajj Officer shall, in such manner as may be prescribed, pay to each such pilgrim the compensation paid in respect of his detention: Provided that, if an objection is made by the master, owner or agent that the sum specified in any such notice or any part of such sum is not payable by him, the sum paid or, as the case may be, the balance thereof remaining after payment to the pilgrims entitled thereto of compensation the right to which is not in dispute, shall be held in deposit until the objection has been decided: Provided further that if, for any reason, the compensation due to any pilgrim cannot be paid to him at the time of embarkation or at or before the time of his disembarkation at the port of his destination, the sum so remaining unpaid shall be made over to such authority as is referred to in sub section (3) of section 287. (4) If the master, owner or agent objects that the sum specified in the notice issued under sub section (3) or any part thereof is not payable by him, he may, at the time of payment of such sum, give to the Port Hajj Officer notice of his objection, together with a statement of the grounds thereof, and the Port Hajj Officer shall thereupon either cancel or modify the aforesaid notice in accordance with the objection and refund the sum held in deposit under sub section (3), or refer the objection for decision to a Magistrate of the first class exercising jurisdiction in the port or place at which the ship is delayed; and the decision of the Magistrate on such reference shall be final. (5) If the Magistrate decides on a reference under sub section (4) that any sum held in deposit is not payable as compensation under sub section (1), such sum shall be refunded to the master, owner or agent, as the case may be. (6) On the failure of any ship carrying pilgrims to depart or proceed on a voyage from any port or place on the date advertised under sub section (3) of section 289, the Port Hajj Officer at that port or place shall forthwith give notice of such failure to the officer authorised to grant port clearance to ships thereat, and such officer shall refuse port clearance to the ship until the master, owner or agent produces to him a certificate of the Port Hajj Officer that all sums payable by way of compensation under this section up to the day on which the ship is to depart or proceed on voyage have been paid. (7) Nothing in this section or in section 289 shall apply to any advertisement made before the time prescribed under sub section (3) of section 289, and intended to give the public information of the approximate date of the departure or proceeding on voyage of a ship carrying pilgrims, where such advertisement clearly states that the date so advertised is approximate only and that the correct proposed date will be advertised later.",
"name": "Compensation for delay in departing or proceeding on voyage",
"related_acts": "",
"section_id": 293
},
{
"act_id": 642,
"details": "291. Notwithstanding anything contained in section 289 or 290, where any ship which has been advertised under sub section (3) of section 289, for the conveyance of pilgrims has been or is likely to be delayed beyond the advertised date of departure or proceeding on voyage, the owner or agent may, with the permission in writing of the Government, substitute for it any other ship which is capable of carrying not less than the same number of each class, and where the ship is substituted with such permission, the advertisement shall be deemed to have been made in respect of the ship so substituted, and all the provisions of those sections shall apply accordingly in respect of such ship.",
"name": "Substitution of ships",
"related_acts": "",
"section_id": 294
},
{
"act_id": 642,
"details": "292. The amount of the sanitary taxes imposed in respect of the pilgrims by any lawful authority at the ports visited by a ship shall be paid by the master thereof.",
"name": "Sanitary taxes payable by the Master",
"related_acts": "",
"section_id": 295
},
{
"act_id": 642,
"details": "293. (1) The Government may, by notification in the official Gazette, make rules to carry out the purposes of this Chapter. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- (a) \tthe basic scale on which, and the manner in which, food and water are to be supplied to pilgrims, and the quality of such food and water; (b) \tthe kinds of food to be provided for pilgrims on payment, in addition to the food to be supplied in accordance with the basic scale; (c) \tthe nature and the extent of the hospital accommodation and the medical stores, disinfectants, and other appliances and fittings to be \tprovided on board free of charge to pilgrims for maintaining health, cleanliness and decency; (d) \tthe form of the statements to be furnished by the master under sections 267 and 268 and the particulars to be entered therein; (e) \tthe appointment of Medical Officers and other attendants in cases where they are required by this Chapter to be carried; (f )\tthe manner in which contaminated articles shall be disinfected before being taken on board a pilgrim ship; (g) \tthe manner in which deposits shall be made for the purposes of section 284, and any matter in respect of which provision is, in the opinion of the Government, necessary or expedient for the purpose of giving effect to the provisions of that section; (h) \tthe supply of tickets to intending pilgrims, the form of such tickets and the conditions and other matters to be specified thereon; (i) \tthe refund of deposits and passage money under section 286 and the manner in which persons shall be nominated under that section for the purpose of entitling them to a refund; (j) \tthe period after which unclaimed passage money and deposits liable to be refunded shall vest in the Government and the purposes to which sums so vested shall be applied; (k) the manner in which the proposed date of departure or proceeding on voyage shall be advertised under section 289, and manner in which payment shall be made under section 290 to pilgrims and to the Port Hajj Officer; and the procedure to be followed by masters, owners or agents and by Port Hajj Officers and Magistrates in proceedings under that section; (l) \tthe local limits within which, and the time and mode at and in which, pilgrims shall be received on board or disembarked at any port or place appointed under this Chapter in that behalf. (3) If the master or a Medical Officer, if any, of a ship carrying pilgrims, without reasonable cause, the burden of proving which shall lie upon him, contravenes, or omits or neglects to comply with, any rule under this Chapter, he shall, for each offence, be punishable with a fine which may extend to twenty thousand Taka.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 296
},
{
"act_id": 642,
"details": "294. The Special Trade Passenger Ships shall comply with the International Health Regulations (1969) having regard to the circumstances and the nature of the voyage within the meaning of the said Health Regulations.",
"name": "Compliance with International Health Regulations",
"related_acts": "",
"section_id": 297
},
{
"act_id": 642,
"details": "295. (1) Where the Government is satisfied- (a) \tthat the Government of any country has accepted or denounced the Safety Convention or the Load Line Convention, or (b) \tthat the Safety Convention or the Load Line Convention extends or has ceased to extend to any territory,it may, by notification in the official Gazette, make a declaration to that effect. (2) Any declaration made in any form whatsoever to the effect mentioned in sub section (1) and in force immediately before the commencement of this Ordinance shall be deemed to have been made under that sub section.",
"name": "Countries to which the Safety and Load Line Convention apply",
"related_acts": "",
"section_id": 298
},
{
"act_id": 642,
"details": "296. (1) The Government may, by notification in the official Gazette, make rules prescribing the requirements to be complied with in respect of the hull, equipment and machinery of Bangladesh passenger ships. (2) The rules made under sub section (1) shall include such requirements as appear to the Government necessary to implement the provisions of the Safety Convention prescribing the requirements that the hull, equipment and machinery of passenger ships except so far as those provisions are implemented by the rules for life saving and fire appliances, the radio rules, the rules for direction finders, muster rules, pilot ladder rules or the Collision Regulations. (3) The powers under this section shall be in addition and without prejudice to the powers conferred by any other provisions to prescribe the requirements which the passenger ships may be required to comply with.",
"name": "Construction of passenger ships",
"related_acts": "",
"section_id": 299
},
{
"act_id": 642,
"details": "297. (1) Every sea going Bangladesh ship, not being a passenger ship, shall be constructed in accordance with such specifications, and shall be surveyed to such extent, in such manner and at such intervals, as may be prescribed. (2) The provisions of this section shall apply, in the same manner as they apply to a Bangladesh ship, to every other ship while she is within any port or place in Bangladesh, unless there is produced in respect of such ship- (a) \ta valid Safety Convention Certificate equivalent to a Cargo Ship Safety Construction Certificate; or (b) \ttwo valid Safety Convention Certificates, one of which is equivalent to a Qualified Cargo Ship Safety Construction Certificate and the other to a corresponding Exemption Certificate.",
"name": "Construction of cargo ships",
"related_acts": "",
"section_id": 300
},
{
"act_id": 642,
"details": "298. (1) The Government may, by notification in the official Gazette, make rules prescribing the requirements for the hull, equipment and machinery of ships to which section 297 applies, and the requirements of survey thereof. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- (a) \tthe extent of surveys and the manner in which and the intervals at which surveys are to be made; (b) \tthe requirements as to construction, machinery and equipment; (c) \tthe form and manner in which declarations of surveys are to be issued and transmitted and the particulars which are to be stated therein; (d) \tthe fees that may be charged for surveys made under these rules; and (e) \tsuch other matters as may be necessary for carrying out the purposes of section 297.",
"name": "Power to make rules with respect to the construction and survey of cargo ships, etc.",
"related_acts": "",
"section_id": 301
},
{
"act_id": 642,
"details": "299. (1) The Government may, by notification in the official Gazette, make rules prescribing the life saving appliances and fire appliances to be carried by every Bangladesh ship going to sea. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- (a)\tthe arranging of ships into classes, having regard to the services in which they are employed, the nature and duration of the voyage and the number of persons carried; (b)\tthe number, description, mode of construction of the boats, life rafts, line throwing appliances, life jackets, life buoy and buoyant apparatus to be carried by ships according to the classes in which the ships are arranged; (c)\tthe equipment to be carried by any such boats and rafts and the method to be provided to get the boats and other life saving appliances into the water, including oil for use in stormy weather; (d)\tthe provision in ships of a proper supply of lights and smoke signals inextinguishable in water and fitted for attachment to life buoys; (e)\tthe position and means of securing the boats, life rafts, life-jackets, life buoys and buoyant apparatus; (f )\tthe marking of boats, life rafts and buoyant apparatus so as to show their dimensions and the number of person authorised to be carried on them; (g)\tthe manning of life boats and the qualifications and certificates of life-boatmen; (h)\tthe provision to be made for mustering the persons on board and for embarking them in the boats, including provisions for the lighting of, and the means of ingress to and egress from, different parts of the ship; (i) the provision of suitable means situated outside the engine room whereby any discharge of water into the boats can be prevented; (j)\tthe assignment of specific duties to each member of the crew in case of emergency; (k)\tthe methods to be adopted and the appliances to be carried in ships for the prevention, detection and extinction of fire; (l)\tthe provision in ships of plans and other information relating to the means of preventing, detecting, controlling and extinguishing outbreaks of fire; (m)\tthe practice in ships of boat drills and fire drills; (n)\tthe provision in ships of means of making effective distress signals by day and by night; (o)\tthe provision in ships, engaged on voyages in which pilots are likely to be embarked, of suitable pilot ladders, and of ropes, lights and other appliances designed to make the use of such ladders safe; (p)\tthe periodical examination and maintenance of any appliances or equipment required by any rules made under this Ordinance to be carried by ships; (q)\tthe manner in which a notice given under sub section (2) of section 300 shall be communicated to the Collector of Customs; and (r)\tthe charging of fees for the grant of the certificate referred to in sub-section (3) of section 300, the amount of such fees, and the manner in which they shall be recoverable.",
"name": "Rules as to life saving and fire appliances, etc.",
"related_acts": "",
"section_id": 302
},
{
"act_id": 642,
"details": "300. (1) A Surveyor may, at any reasonable time, inspect any ship to which the provisions of sections 296, 298 and 299, apply for the purpose of seeing that the ship complies with the requirements of the rules as to life saving appliances and fire appliances. (2) If the Surveyor finds that the ship fails to comply with the aforementioned requirements, he shall give to the master or owner notice in writing pointing out in what respect the ship fails to comply with them and what in his opinion is required to be done for compliance with them. (3) Every notice so given shall be communicated in the prescribed manner to the Collector of Customs of any port or place at which the ship may seek to obtain port clearance, and the ship shall be detained until a certificate signed by the Surveyor to the effect that the ship complies with the requirements of the rules as to life saving appliances and fire appliances is produced.",
"name": "Inspection of life saving appliances, etc.",
"related_acts": "",
"section_id": 303
},
{
"act_id": 642,
"details": "301. The Government may, by notification in the official Gazette, make rules in respect of ships for which a Passenger Ship Safety Certificate is required by Part V to regulate all or any of the following matters, namely:- (a)\tthe closing and keeping closed of openings in ships' hulls and in water tight bulkheads; (b)\tthe securing, keeping in place and inspecting contrivances for closing any such openings as aforesaid; (c)\tthe operation of mechanisms of contrivances for closing any such openings as aforesaid and drills in connection with the operation thereof; (d)\tthe exhibition of plans and other information relating to the boundaries of water tight compartments, the openings therein, the means of closing such openings and the arrangements for correcting any list due to flooding; and (e)\tthe entries to be made in the official log book or other record to be kept of any of the matters aforesaid.",
"name": "Control of water tight openings",
"related_acts": "",
"section_id": 304
},
{
"act_id": 642,
"details": "302. (1) There shall be carried on board every Bangladesh ship whose keel was not laid before the first day of May, 1955, such information in writing about the ship's stability as is necessary for the guidance of the master in loading and ballasting the ship, and, in the case of a passenger ship, also in maintaining sufficient stability to enable the ship to withstand damage. (2) The aforesaid information shall be in such form as may be approved by the Government and shall be based on the determination of the ship's stability by means of an inclining test of the ship: Provided that the Government may allow the information to be based on a similar determination of the stability of a sister ship: Provided further that in the case of a ship specifically designed for the carriage of liquids or ore in bulk, or, of any class of such ships, the Government may allow the inclining test to be dispensed with if it is satisfied from the information available in respect of similar ships that the ship's proportions and arrangements are such as to ensure more than sufficient stability in all probable loading conditions. (3) Whenever the accuracy of the information provided under sub section (1) is materially affected by alterations made to the ship, such information shall be replaced by fresh information of the nature specified in that sub section; and, in any such case, the Government may require a fresh inclining test of the ship. (4) When any information under this section is provided for any ship, the owner shall send, for approval, two copies thereof to such officer as may be authorised by the Government in this behalf who shall, after endorsing them, send a copy to the owner and retain the other for his record. (5) If any such ship proceeds or attempts to proceed to sea without having on board such information as aforesaid, the owner or the master of the ship shall be punishable with fine which may extend to five thousand Taka.",
"name": "Stability information and damage control",
"related_acts": "",
"section_id": 305
},
{
"act_id": 642,
"details": "303. (1) Every sea going Bangladesh passenger ship of whatever tonnage and every other Bangladesh ship of sixteen hundred tons gross or upwards shall be provided with a radio telegraph apparatus, and every Bangladesh ship of three hundred tons gross or upwards but under sixteen hundred tons gross shall be provided with either a radio telegraph apparatus or a radio telephone apparatus: Provided that the Government may, by notification in the official Gazette, exempt from the operation of this section any ship or class of ships, if it is of opinion that, having regard to the nature of the voyages on which the ship or ships are engaged, or other circumstances of the case, the provision of a radio telegraph apparatus or a radio telephone apparatus, as the case may be, is unnecessary or unreasonable. (2) The master or owner of any such ship in respect of which the provisions of sub section (1) are not complied with shall be punishable with fine which may extend to twenty thousand Taka.",
"name": "Requirements of radio telegraph and radio telephone apparatus",
"related_acts": "",
"section_id": 306
},
{
"act_id": 642,
"details": "304. (1) Every Bangladesh ship of sixteen hundred tons gross and upwards shall be provided with a radio direction finding apparatus: Provided that the Government may exempt from the operation of this section any ship of less than three thousand five hundred tons gross, not being a passenger ship, if it is of opinion that, having regard to the nature of the voyages on which the ship is engaged, the provision of a radio direction finding apparatus is unnecessary or unreasonable. (2) The master or owner of any such ship in respect of which the provisions of sub section (1) are not complied with shall be punishable with fine which may extend to twenty thousand Taka.",
"name": "Requirements as to radio direction finding apparatus",
"related_acts": "",
"section_id": 307
},
{
"act_id": 642,
"details": "305. (1) Every ship compulsorily equipped under the provisions of section 303 with radio installation shall maintain in the radio room a radio log in which shall be entered such particulars relating to the operation of the radio installation and the maintenance of the radio service as may be prescribed. (2) The provisions of section 381 shall apply to the radio log kept under sub-section (1) as if it were an official log book.",
"name": "Radio log",
"related_acts": "",
"section_id": 308
},
{
"act_id": 642,
"details": "306. (1) A Radio Inspector may inspect any ship for the purpose of seeing that she is properly provided with radio installation and certificated Radio Officers in conformity with this Chapter, and for this purpose may go on board any ship at all reasonable times and do all things necessary for such inspection and may also require the master of the ship to supply him with any information which it is in the power of the master to supply for the purposes of the provisions of this Chapter relating to radio installation and radio service, including the production of any certificate granted under this Part in respect of the installation and of the certificates of the Radio Officers on the ship: Provided that if a valid Safety Convention Certificate is produced in respect of any ship such Certificate shall be accepted unless there are clear grounds for believing that the condition of the ship or its equipment does not correspond substantially with the particulars of that Certificate. (2) If a Radio Inspector finds that a ship is not so provided, he shall give to the master or owner notice in writing pointing out the deficiency, and also pointing out what in his opinion is requisite to remedy the same. (3) Every notice given under sub section (2) shall be communicated, in the prescribed manner, to the Collector of Customs of any port or place at which the ship may seek to obtain port clearance; and the Collector of Customs to whom a notice is so communicated shall order that the ship be detained until a certificate under the hand of a Radio Inspector is produced to the effect that the ship is properly provided with radio installation and certificated Radio Officers in conformity with this Chapter. (4) The provisions of this section shall apply in relation to such portable radio apparatus as boats or life rafts may be required to carry by rules made under section 299 as they apply in relation to radio installation of a ship.",
"name": "Inspection, etc.",
"related_acts": "",
"section_id": 309
},
{
"act_id": 642,
"details": "307. The provisions of this Chapter shall apply to ships other than Bangladesh ships while such ships are in any port or place in Bangladesh in the same manner as they apply to Bangladesh ships.",
"name": "Application of Chapter to foreign ships",
"related_acts": "",
"section_id": 310
},
{
"act_id": 642,
"details": "308. (1) The Government may, by notification in the official Gazette, make rules to carry out the purposes of this Chapter. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- (a)\tthe nature of the radio installation to be provided and of the radio service to be maintained, the form of the radio log and the particulars to be entered therein, and the number, grades and qualifications of certificated Radio Officers to be carried; (b)\tthe requirements for such portable radio apparatus as boats and life rafts may be required to carry by the rules made under section 299; (c)\tthe manner in which a notice given under sub section (2) of section 306 shall be communicated to the Collector of Customs; (d)\tthe charging of fees for the grant of the certificate referred to in sub-section (3) of section 306, the amount of such fees and the manner in which they shall be recoverable.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 311
},
{
"act_id": 642,
"details": "309. (1) Upon the receipt of a declaration of survey granted under Part V in respect of a passenger ship for which a Passenger Ship Safety Certificate is required by that Part, the Government shall, if it is satisfied- (a)\tthat the ship complies fully with the requirements of the rules made under section 296 and with the provisions of this Ordinance and the rules made under sections 299 and 308 applicable to such ship and is properly provided with lights, shapes and means of making fog signals required by the Collision Regulations, cause Passenger Ship Safety Certificate to be prepared under section 247 in respect of the ship, or (b)\tthat there is in force in respect of the ship an Exemption Certificate granted under section 313 and that the ship complies with all the requirements of clause (a) other than those from which the ship is exempt under that Certificate, cause a Qualified Passenger Ship Safety Certificate to be prepared in respect of the ship, and the same to be delivered to the owner or master of the ship through the Principal Officer or such other officer as the Government may appoint in this behalf. (2) The Passenger Ship Safety Certificate shall be in the form to be prescribed under section 259 and shall state that the ship complies with the requirements of the Safety Convention. (3) The Qualified Passenger Ship Safety Certificate shall be in the prescribed form and shall state in what respects the ship complies with the requirements of the Safety convention.",
"name": "Qualified Passenger Ship Safety Certificates",
"related_acts": "",
"section_id": 312
},
{
"act_id": 642,
"details": "310. (1) If the Government is satisfied in respect of Bangladesh ship other than a passenger ship that the ship complies with the requirements of the rules made under section 299 applicable to such ship, and that the ship is properly provided with lights, shapes and means of making fog signals required by the Collision Regulations, the Government shall, on an application by the owner or master of the ship, cause to be issued- (a)\tif the ship complies fully with the aforesaid requirements, a Cargo Ship Safety Equipment Certificate; and (b)\tif there is in force in respect of the ship an Exemption Certificate granted under section 313 and if the ship complies with all the aforesaid requirements other than those from which the ship is exempt under that Certificate and is properly provided with lights, shapes and means of making fog signals required by the Collision Regulations, a Qualified Cargo Ship Safety Equipment Certificate. (2) The Cargo Ship Safety Equipment Certificate shall be in the prescribed form and shall state that the ship complies with all the requirements of the Safety Convention as to equipment and that she is provided with lights and means of making fog signals as required by the Collision Regulations. (3) The Qualified Cargo Ship Safety Equipment Certificate shall be in the prescribed form and shall state in what respects the ship complies with the requirements of the Safety Convention as to equipment and that the ship is provided with lights, shapes and means of making fog signals required by the Collision Regulations.",
"name": "Cargo Ship Safety Equipment Certificates and Qualified Cargo Ship Safety Equipment Certificates",
"related_acts": "",
"section_id": 313
},
{
"act_id": 642,
"details": "311. (1) If the Government is satisfied in respect of a Bangladesh ship, other than a passenger ship, which is required by the provisions of section 303 to be provided with radio installation and which is intended to ply on voyages from or to any port or place in Bangladesh to or from any port or place outside Bangladesh that the ship complies with all the provisions as to radio installation and radio service applicable to such ship under Chapter 22, the Government shall, on an application by the owner or master of the ship, cause to be issued through the Principal Officer or such other officer as it may appoint in this behalf- (a)\tif the ship is provided with radio telegraph equipment, a Cargo Ship Safety Radio telegraphy Certificate; (b) \tif the ship is provided with radio telephone equipment, a Cargo Ship Safety Radio telephony Certificate; or (c) \tif there is in force in respect of the ship referred to in clause (a), an Exemption Certificate granted under section 313 and if the ship complies with all the aforesaid requirements other than those from which the ship is exempt under that Certificate, a Qualified Cargo Ship Safety Radio telegraphy Certificate. (2) The Cargo Ship Safety Radio telegraphy Certificate shall be in the prescribed form and shall state that the ship complies with such of the requirements of the Safety Convention as to radio telegraphy and radio direction-finding equipment as are applicable to the ship. (3) The Cargo Ship Safety Radio telephony Certificate shall be in the prescribed form and shall state that the ship complies with the requirements of the Safety Convention as to radio telephone equipment and radio service. (4) The Qualified Cargo Ship Safety Radio telegraphy Certificate shall be in the prescribed form and shall state in what respect the ship complies with requirements of the Safety Convention as to radio installation.",
"name": "Cargo Ship Safety Radio telegraphy Certificates, etc.",
"related_acts": "",
"section_id": 314
},
{
"act_id": 642,
"details": "312. (1) If the Government or a person authorised by it in this behalf is satisfied, on receipt of a declaration survey in respect of a Bangladesh ship to which section 297 applies that the ship complies with all the provisions of the rules made under section 298 and applicable to such ship and to such voyages as she is to be engaged on, the Government or such person shall, on the application of the owner, cause to be issued in respect of the ship- (a) \tif the ship is of not less than five hundred tons gross, a Cargo Ship Safety Construction Certificate, and in any other case, a certificate showing that she complies with the said rules; or (b) \tif there is in force in respect of the ship an Exemption Certificate granted under section 313 and the ship complies with the aforesaid requirements other than those from which the ship is exempt under that Certificate, a Qualified Cargo Ship Safety Construction Certificate. (2) The Cargo Ship Safety Construction Certificate shall be in the prescribed form and shall state that the ship complies with such of the requirements of the Safety Convention as to hull, equipment and machinery as are applicable to the ship. (3) The Qualified Cargo Ship Safety Construction Certificate shall be in the prescribed form and shall state in what respects the ship complies with the requirements of the safety Convention as to hull, equipment and machinery.",
"name": "Cargo Ship Safety Construction Certificates",
"related_acts": "",
"section_id": 315
},
{
"act_id": 642,
"details": "313. The Principal Officer or an officer authorised by the Government in this behalf shall, on an application by the owner or master of any Bangladesh ship in regard to which the Government has made an order of exemption under the proviso to sub section (1) of section 303 or under the proviso to sub section (1) of section 304 or which is exempt from any of the provisions of the rules made under sections 296, 298, 299 or 308 issue in the prescribed form an Exemption Certificate in respect of such ship.",
"name": "Exemption Certificates",
"related_acts": "",
"section_id": 316
},
{
"act_id": 642,
"details": "314. (1) A Passenger Ship Safety Certificate, a Cargo Ship Safety Radio telegraphy Certificate, a Cargo Ship Safety Radio-telephony Certificate or an Exemption Certificate stating that a ship is wholly exempt from the provision of the Safety Convention relating to radio installation shall be in force for one year, and a Cargo Ship Safety Equipment Certificate shall be in force for two years, and a Cargo Ship Safety Construction Certificate shall be in force for five years, from the date of issue, or for such shorter period as may be specified in the Certificate: Provided that the Government may, by notification in the official Gazette, authorise the issue of a Cargo Ship Safety Construction Certificate to remain in force for a period not exceeding six years. (2) Notwithstanding anything contained in sub section (1), no Certificate shall remain in force after notice is given by the authority issuing the certificate to the owner or master of the ship in respect of which it has been issued that, that authority has cancelled or suspended the Certificate. (3) An Exemption Certificate issued in respect of a ship other than a certificate stating that the ship is wholly exempt from the provisions of the Safety Convention relating to radio installation, shall be in force for the same period as the Qualified Passenger Ship Safety Certificate, the Qualified Cargo Ship Safety Equipment Certificate or the Qualified Cargo Ship Safety Radio telegraphy Certificate or the Qualified Cargo Ship Safety Construction Certificate issued in respect of the ship. (4) The Government, or any person authorised by it in this behalf, may grant an extension of any Certificate issued under this Chapter in respect of a Bangladesh ship for a period not exceeding one month from the date on which the Certificate would, but for such extension, have expired, or, if the ship is absent from Bangladesh on that date, for a period not exceeding five months from that date. (5) Without prejudice to the powers of extension conferred by sub section (4), where a Cargo Ship Safety Construction Certificate is in force in respect of a ship and the Certificate was issued for a period shorter than five years, the Government or any person authorised by it for the purpose may, if satisfied on receipt of a declaration of survey in respect of the ship that it is proper to do so, grant on extension of the certificate for a period not exceeding one year, and not exceeding, together with the period for which it was issued and any period by which it was previously extended under this sub section, the longest period for which it could have been issued in pursuance of a notification under the proviso to sub section (1).",
"name": "Duration of Certificates",
"related_acts": "",
"section_id": 317
},
{
"act_id": 642,
"details": "315. If the ship, in respect of which a Passenger Ship Safety Certificate is in force, or a Special Trade Passenger Ship Certificate and Special Trade Passenger Ship Space Certificate together with a Passenger Ship Safety Certificate are in force, has on board in the course of a particular voyage a total number of persons which is less than the number for which life saving appliances on the ship provide and less than the number stated in the Special Trade Passenger Ship Space Certificate, the owner or master of the ship may obtain from the authority who issued the certificate a memorandum to be attached to the Special Trade Passenger Ship Certificate or the Passenger Ship Safety Certificate stating the total number of persons carried on the ship on that voyage and the modifications which may be made for the purpose of that voyage in the particulars with respect to life saving appliances stated in the relevant certificate.",
"name": "Modification of Passenger Ship Safety Certificates in respect of life- saving appliances",
"related_acts": "",
"section_id": 318
},
{
"act_id": 642,
"details": "316. (1) For the purpose of the provisions of this Ordinance, the expression “a valid Safety Convention Certificate” means a Certificate or Certificates complying with such of the rules made under sub section (4) as are applicable in the circumstances. (2) Where there is produced in respect of any ship other than a Bangladesh\tship a valid Convention Certificate, such Certificate shall, subject to the rules referred to in sub section (4), be accepted as having the same force as the corresponding Certificate issued in respect of a Bangladesh ship. (3) Where a valid Safety Convention Certificate is produced in respect of a passenger ship other than a Bangladesh ship and there is attached to the Certificate a memorandum which- (a)\thas been issued by or under the authority of the Government of the country to which the ship belongs, and (b)\tmodifies, for the purpose of any particular voyage, in view of the number of persons carried on that voyage, the particulars stated in the certificates with respect to life saving appliances, the certificate shall have effect for the purpose of that voyage as if it were modified in accordance with the memorandum. (4) With a view to determining the validity in Bangladesh of certificates purporting to have been issued in accordance with the Safety Convention in respect of ships other than Bangladesh ships, the Government shall make such rules as appear to it to be necessary.",
"name": "Acceptance of Certificates issued outside Bangladesh",
"related_acts": "",
"section_id": 319
},
{
"act_id": 642,
"details": "317. The Government may, at the request of the Government of a country to which the Safety Convention applies, cause an appropriate Safety Convention Certificate to be issued in respect of a ship of that country if it is satisfied in like manner as in the case of a Bangladesh ship that such Certificate can properly be issued, and, where a Certificate is issued at such a request, it shall contain a statement that it has been issued at such request.",
"name": "Issue of Certificates to ships of foreign countries",
"related_acts": "",
"section_id": 320
},
{
"act_id": 642,
"details": "318. (1) The Government may request the Government of a country to which the Safety Convention applies to issue in respect of a Bangladesh ship any Certificate, the issue of which is authorised under this Chapter, and a Certificate issued in pursuance of such a request and containing a statement that it has been so issued shall have effect for purposes of this Ordinance as if it had been issued by the Government. (2) Where the Government requests the Government of a country to issue any such certificate as aforesaid, and that Government is willing to issue, in pursuance of that request, an appropriate Qualified Certificate, but is not willing to issue the corresponding Exemption Certificate, the Government may issue that Exemption Certificate.",
"name": "Issue by foreign Governments of Certificates of Bangladesh ships",
"related_acts": "",
"section_id": 321
},
{
"act_id": 642,
"details": "319. (1) No Bangladesh passenger ship shall proceed to sea, except on voyages between ports or places situated within Bangladesh, unless there is in force in respect of the ship either- (a)\ta Passenger Ship Safety Certificate issued under section 309, or (b)\ta Qualified Passenger Ship Safety Certificate issued under that section and Exemption Certificate issued under section 313, being a certificate or certificates which by the terms thereof is or are applicable to the voyage on which the ship is about to proceed and to the trade in which she is for the time being engaged. (2) No sea going Bangladesh ship of five hundred tons gross or upwards other than a passenger ship shall proceed to sea, except on voyages between ports or places situated within Bangladesh, unless there is in force in respect of the ship- (a)\tsuch certificate or certificates as would be required in her case by the provisions of sub section (1) if she were a passenger ship, or (b)\tsuch certificates as are required in her case by the provisions of sections 310, 311, 312 and 313, being a certificate or certificates which by the terms thereof is or are applicable to the voyage on which the ship is about to proceed and to the trade in which she is for the time being engaged. (3) No sea going ship as aforesaid, being of less than five hundred but not less than three hundred tons gross, shall proceed to sea, except on voyages between ports or places situated within Bangladesh, unless there are in force in respect of the ship such certificates as are required in her case by the provisions of sections 311 and 313, being certificates which by the terms thereof, are applicable to the voyage on which the ship is about to proceed and to the trade in which she is for the time being engaged. (4) No Bangladesh ship shall proceed on any voyage between ports or places situated within Bangladesh unless there is in force in respect of the ship such certificate or certificates as may be prescribed being a certificate or certificates which by the terms thereof is or are applicable to the voyage on which the ship is about to proceed and to the trade in which she is for the time being engaged. (5) The master of every ship to which this section applies shall produce, to the Collector of Customs from whom a port clearance for the ship is sought, the certificate or certificates required by the foregoing provisions of this section to be in force when the ship proceeds to sea, and port clearance shall not be granted and the ship may be detained until the said certificate or certificates are so produced. (6) If any ship to which this section applies proceeds or attempts to proceed to sea in contravention of any of the foregoing provisions of this section, the master or owner shall, without prejudice to any other liability under this Ordinance, for each offence, be punishable, in the case of a passenger ship, with fine which may extend to twenty thousand Taka and, in the case of any other ship, with fine which may extend to fifteen thousand Taka. (7) Where an Exemption Certificate issued under section 313 in respect of any ship to which this section applies specifies any conditions on which the Certificate is issued and any of those conditions is contravened, the master or owner of the ship shall, for each offence, be punishable with fine which may extend to ten thousand Taka.",
"name": "Prohibition on proceeding to sea without certificates",
"related_acts": "",
"section_id": 322
},
{
"act_id": 642,
"details": "320. The Government may, by order in writing, authorise any person to perform all or any of the functions assigned to it by sections 309, 310, 311, 312 and 317 in respect of any ship or class of ships.",
"name": "Government may authorise persons to perform certain functions",
"related_acts": "",
"section_id": 323
},
{
"act_id": 642,
"details": "321. (1) The master of every ship other than a Bangladesh ship, being a passenger ship or being any other ship of five hundred tons gross or upwards, belonging to a country to which the Safety Convention applies, shall produce a valid Safety Convention Certificate to the Collector of Customs from whom a port clearance for the ship is sought in respect of a voyage from a port or place in Bangladesh to a port or place outside Bangladesh, and port clearance shall not be granted and the ship may be detained until such a certificate is so produced. (2) Where any such ship, other than a passenger ship, as is referred to in sub-section (1), is of less than five hundred but not less than three hundred tons gross, the master shall be required to produce only a valid Safety Convention Certificate equivalent to those issued under section 311 and the other provisions of sub section (1) shall apply accordingly. (3) Where a valid Safety Convention Certificate is produced in respect of a ship other than a Bangladesh ship, the ship shall not be deemed to be unsafe for the purposes of section 359, by reason of the defective condition of her hull, equipment or machinery unless it appears that the ship cannot proceed to sea without danger to the passengers or crew owing to the fact that the actual condition of the ship does not correspond substantially with the particulars stated in the certificate.",
"name": "Production of certificates by ships other than Bangladesh ships",
"related_acts": "",
"section_id": 324
},
{
"act_id": 642,
"details": "322. The provisions of sections 251, 252, 253 and 254, shall apply to and in relation to every certificate issued under sections 309, 310, 311, 312 and 313 and under sub section (4) of section 319, in the same manner as they apply to and in relation to a Passenger Ship Safety Certificate.",
"name": "Application of sections 251, 252, 253 and 254 to Certificates",
"related_acts": "",
"section_id": 325
},
{
"act_id": 642,
"details": "323. (1) The Government may, by notification in the official Gazette, make rules to carry out the purposes of this Chapter. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may prescribe the form of the Certificates referred to in sections 309, 310, 311, 312 and 313 and in sub section (4) of section 319, the charging of fees for the grant of such Certificates, the amount of such fees, and the manner in which they shall be recoverable.",
"name": "Power of Government to make rules",
"related_acts": "",
"section_id": 326
},
{
"act_id": 642,
"details": "324. (1) The Government may, on such conditions, not inconsistent with the rules made under section 325, as it may think fit, exempt from the provisions of this Chapter- (a)\tany ship plying between the near neighbouring ports of two or more countries if the Government and the Governments of those countries are satisfied that the sheltered nature and conditions of the voyages between those ports make it unreasonable or impracticable to apply such provisions to ships so plying; (b)\tany ship plying between near neighbouring ports of the same country if the Government is satisfied as aforesaid; (c)\tany Bangladesh ship of less than 150 tons gross, the keel of which was laid before the commencement of this Chapter, or any Bangladesh ship less than 79 feet (24 metres) in length, the keel of which was laid after such commencement; (d)\tany Bangladesh ship, other than a ship referred to in clause (c), which normally plies between ports within Bangladesh but which is in exceptional circumstances, required to undertake a single voyage between a port in Bangladesh and a port outside Bangladesh; and (e)\tany Bangladesh ship of not less than 150 tons gross, the keel of which was laid before the commencement of this Chapter, or any Bangladesh ship not less than 79 feet (24 metres) in length, the keel of which was laid after such commencement, if in the opinion of the Government, that ship embodies features such that, if such ship had to comply with all the requirements of this Chapter relating to load lines and the rules made under section 325, the development of these features might be seriously impeded. (2) Notwithstanding anything contained in this section or in the rules made under section 325, the Government may, by order, exempt a ship under 80 tons register engaged solely in the coasting trade or class of any such ships as may be specified in the order from the provision of this Chapter.",
"name": "Power to exempt ships from provisions of this Chapter",
"related_acts": "",
"section_id": 327
},
{
"act_id": 642,
"details": "325. (1) The Government may, by notification in the official Gazette, make rules, hereinafter referred to as the “Load Line Rules”, to carry out the purposes of this Chapter. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- (a)\tsurvey and periodical inspection of ships; (b)\tdetermination of free board deck in relation to any ship and marking on each side of the ship to indicate the position of that deck by a mark, hereinafter referred to as a “deck line”; (c)\tdetermination in relation to a ship, by reference to her deck line and free boards, of the position in which each side of the ship is to be marked with lines, hereinafter referred to as “load lines”, to indicate the maximum depths to which the ship may be loaded in various circumstances; (d)\tconditions, hereinafter referred to as the “conditions of assignment”, on which load lines may be assigned; (e)\trequirements, relevant to the assignment of free boards, in respect of hull, superstructures, fittings and appliances; (f ) \tparticulars to be recorded in relation to matters referred to in clauses (d) and (e) and the manner in which they shall be recorded; (g) \tthe circumstances in which a ship, during the continuance of the assignment of free boards assigned to her, if any, shall be deemed, for the purposes of the provisions of this Chapter, to comply with the conditions of assignment; (h) \tthe form in which an International Load Line Certificate, a Bangladesh Load Line Certificate, an International Load Line Exemption Certificate and a Bangladesh Load Line Exemption Certificate shall be issued; (i) \tthe period during which an exemption certificate shall remain in force; (j)\tthe extension and termination of the period for which an exemption certificate was issued; (k)\tthe manner in which endorsements relating to periodical inspection of a ship or to an extension of the period for which an exemption certificate was issued shall be made on the certificate; and (l)\tthe fees payable for the issue or extension of a certificate referred to in clause (h) and the rates according to which the fees payable in respect of the surveys and periodical inspections shall be calculated. (3) \tThe load line rules shall also include provisions requiring such information relating to the stability of any ship to which free boards are assigned thereunder, and such information relating to the loading and ballasting of any such ship, as may be determined in accordance with the rules to be provided for the guidance of the master of the ship in such manner as may be so determined.",
"name": "Power to make rules as to load lines",
"related_acts": "",
"section_id": 328
},
{
"act_id": 642,
"details": "326. (1) No Bangladesh ship, being a ship, the keel of which is laid after the commencement of this Chapter and not being exempt from the provisions of this Chapter, shall proceed to sea unless- (a) \tshe has been surveyed in accordance with the Load Line Rules; (b) \tshe complies with the conditions of assignment; and (c) \tshe is marked with a deck line and with load lines in accordance with the Load Line Rules. (2) No Bangladesh ship, being a ship of which the keel was laid before the commencement of this Chapter and not being exempt from the provisions of this Chapter, shall proceed to sea unless- (a) \tshe has been surveyed in accordance with the Load Line Rules or the corresponding rules in force immediately before such commencement; (b) \tshe complies with the conditions of assignment or with such lesser related requirements as were applicable to her immediately before such commencement; and (c) \tshe is marked with a deck line and with load lines in accordance with the Load Line Rules and the deck line and load lines have been marked in the position required by the rules in force immediately before such commencement. (3) If any ship proceeds or attempts to proceed to sea in contravention of this section the master and owner thereof shall, for each offence, be punishable with fine which may extend to twenty thousand Taka. (4) Any ship attempting to proceed to sea without being surveyed and marked as required by this section may be detained until she has been so surveyed and marked, and any ship which does not comply with the conditions of assignment to the extent required in her case shall be deemed to be unsafe for the purpose of section 353.",
"name": "Marking of deck line and load lines",
"related_acts": "",
"section_id": 329
},
{
"act_id": 642,
"details": "327. A Bangladesh ship, not being exempt from the provisions of this Chapter, shall not be so loaded that the appropriate load line on each side of the ship, that is to say, the load line indicating or purporting to indicate the maximum depth to which the ship is for the time being entitled under the Load Line Rules to be loaded, is submerged if the ship is in salt water and has no list or would be submerged if the ship were in salt water and has no list.",
"name": "Submersion of load lines",
"related_acts": "",
"section_id": 330
},
{
"act_id": 642,
"details": "328. Where a Bangladesh passenger ship has been marked with sub division load line, that is to say, load lines indicating the depth to which the ship may be loaded having regard to the extent to which the ship is sub divided and the space for the time being allotted to passengers, and when the appropriate sub division load line, that is to say, the sub division load line appropriate to the space for the time being allotted to passengers on the ship, is lower than the load line indicating the maximum depth to which this ship is for the time being entitled under the provisions of this Chapter to be loaded, the ship shall not be so loaded that the appropriate sub division load line on each side of the ship is submerged if the ship is in salt water and has no list or would be submerged if the ship were in salt water and had no list.",
"name": "Submersion of sub division load lines in case of passenger ships",
"related_acts": "",
"section_id": 331
},
{
"act_id": 642,
"details": "329. (1) If any ship is loaded in contravention of section 327 or section 328, the owner and master thereof shall, for each offence, be punishable with fine which may extend to twenty thousand Taka, and with such additional fine not exceeding the amount mentioned in sub section (2), as the Court thinks fit to impose having regard to the extent to which the earning capacity of the ship was, or would have been, increased by reason of the submersion: Provided that it shall be a defence for a person charged with an offence under this sub section to prove that the contravention was due solely to deviation or delay was caused solely by stress of weather or other circumstances which neither the master nor the owner nor the charterer, if any, could have prevented or forestalled. (2) The aforesaid additional fine shall not exceed ten thousand Taka for every inch or fraction of an inch by which the appropriate load line or sub-division load line, as the case may be, on each side of the ship was submerged, or would have been submerged if the ship had been in salt water and had no list. (3) Without prejudice to any proceedings under the foregoing provisions of this section, any ship which is loaded in contravention of section 327 or section 328 may be detained until the ship ceases to be so loaded.",
"name": "Penalty for submersion of load lines and sub division load lines",
"related_acts": "",
"section_id": 332
},
{
"act_id": 642,
"details": "330. If- (a)\tthe owner or master of a Bangladesh ship which has been marked in accordance with the foregoing provisions of this Chapter, fails, without reasonable cause, to keep the ship so marked; or (b)\tany person conceals, removes, alters, defaces or obliterates, or suffers any person under his control to conceal, remove, alter, deface or obliterate any mark placed on any such ship in accordance with the foregoing provisions of this Chapter, except with the authority of a person entitled under the Load Line Rules to authorise the alteration of the mark, or except for the purpose of escaping capture by an enemy or by a foreign man of war in the exercise of some belligerent right; he shall, for each offence, be punishable with fine which may extend to fifteen thousand Taka.",
"name": "Offences in relation to marks",
"related_acts": "",
"section_id": 333
},
{
"act_id": 642,
"details": "331. Any Surveyor authorised in this behalf by the Government may inspect any Bangladesh ship for the purpose of seeing that the provisions of this Chapter have been complied with, and for this purpose may go on board the ship at all reasonable times and do all things necessary for the proper inspection of the ship and may also require the master of the ship to supply him with any information which it is in the power of the master to supply for that purpose, including the production of any certificate granted under this Part in respect of the ship.",
"name": "Inspection of ships with respect to load lines",
"related_acts": "",
"section_id": 334
},
{
"act_id": 642,
"details": "332. (1) Where a Bangladesh ship has been surveyed and marked in accordance with the provisions of Chapter 24 and complies with the conditions of assignment to the extent required in her case by those provisions, there shall be issued to the owner of the ship on his application and on payment of the prescribed fee- (a)\tin the case of a ship of not less than 150 tons gross, the keel of which was laid before the commencement of this Chapter, and in the case of a ship not less than 79 feet (24 metres) in length, the keel of which was laid after such commencement, a certificate to be called an International Load Line Certificate; and (b)\tin the case of any other ship, a certificate to be called a Bangladesh Load Line Certificate: Provided that no certificate under this sub section shall be issued in respect of a ship before the expiry of the similar certificate last issued. (2) Every such certificate shall be issued either by the Government or by a person authorised by it in this behalf and shall be in such form and manner as may be prescribed by the Load Line Rules. (3) The Government may request the Government of a country to which the Load Line Convention applies, to issue a certificate in the form of an International Load Line Certificate under that Convention in respect of a Bangladesh Ship, and a certificate issued in pursuance of such a request and containing a statement that it has been so issued shall have effect for the purposes of this Chapter as if it had been issued by the Government. (4) Where in respect of a ship, a certificate issued under sub section (3) and for the time being in force is produced- (a)\tthe ship shall be deemed to have been surveyed in accordance with the Load Line Rules; and (b)\tif lines are marked on the ship corresponding in number and description to the deck line and load lines as required by the Load Line Rules and the position of those lines so marked corresponds with the position of the deck line and load lines specified in the certificate, the ship shall be deemed to be marked as required by those Rules. (5) Every Load Line Certificate issued by or under the authority of the Government shall, unless it is extended in accordance with the provisions of sub section (6), expire at the end of such period, not exceeding five years from the date of its issue, as may be specified therein. (6) Any such Load Line Certificate may, after a survey not less effective than the survey required by the Load Line Rules before the issue of the certificate, be extended by the Government or by a person authorised by it to issue a Load Line Certificate, for such period not exceeding five months as the Government or the person extending the certificate thinks fit: Provided that no certificate in respect of a ship shall be extended if there have been such alterations in the structure, equipment, arrangements, materials or scantlings as affect the free board originally assigned to the ship. (7) An extension of a certificate under sub section (6) shall be endorsed on the certificate in the manner provided by the Load Line Rules. (8) The Government may cancel any such Load Line Certificate in force in respect of a ship if it has reason to believe that- (a) material alterations have taken place in the hull or superstructures of the ship which affect the position of the load lines; or (b) \tthe fittings and appliances for the protection of openings, the guard rails, the freeing ports or the means of access to the crew's quarters have not been maintained on the ship in as effective a condition as they were when the certificate was issued; or (c) \tthe markings of the deck line and load line on the ship have not been properly maintained. (9) The owner of a ship in respect of which any such certificate has been issued shall, so long as the certificate remains in force, cause the ship to be periodically inspected in such manner and at such intervals as may be prescribed by the Load Line Rules; and, if the ship is not caused to be so inspected, the Government shall cancel the certificate. (10) Where any such Load Line Certificate has expired or been cancelled, the Government may require the owner or master of the ship to which the certificate relates, to deliver up the certificate to such authority as it directs, and the ship may be detained until such requirement has been complied with, and if the owner or master fails, without reasonable cause, to comply with such requirement, he shall, for each offence, be punishable with fine which may extend to five thousand Taka. (11) On the survey of any ship in pursuance of this section there shall be paid by the owner of the ship such fee as may be prescribed.",
"name": "Issue and duration, etc., of Load Line Certificates",
"related_acts": "",
"section_id": 335
},
{
"act_id": 642,
"details": "333. (1) Where an exemption is granted under section 324 to a Bangladesh ship, there shall be issued to the owner of the ship, on payment of the prescribed fee,- (a)\tin the case of a ship referred to in clause (a), (d) or (e) of sub section (1) of that section, an exemption certificate to be called an International Load Line Exemption Certificate, and (b)\tin the case of any other ship, an exemption certificate to be called a Bangladesh Load Line Exemption Certificate. (2) An exemption certificate under sub section (1) shall be issued by the Government or an officer authorised by it in this behalf in such form and manner and shall remain in force for such period as may be prescribed. (3) The owner of a ship in respect of which any such exemption certificate is issued shall, so long as the certificate remains in force, cause the ship to be periodically inspected in such manner and at such intervals as may be prescribed. (4) The Government shall cancel any such exemption certificate if the ship in respect of which it was issued is not caused to be inspected as required by sub-section (3) or if any of the conditions on which the exemption was granted under section 324 has been violated or if the exemption has ceased to be in force. (5) Where any such exemption certificate in respect of a ship has ceased to be in force or been cancelled or been withdrawn, the owner or master shall deliver up the certificate to the Government; and the ship may be detained until the certificate is so delivered up. (6) The owner or master of a ship, if he fails, without reasonable cause, to deliver up the exemption certificate as required by sub section (5), shall be punishable with fine which may extend to five thousand Taka.",
"name": "Issue and duration, etc., of Exemption Certificates",
"related_acts": "",
"section_id": 336
},
{
"act_id": 642,
"details": "334. (1) No Bangladesh ship, except a ship exempt by an order under sub section (2) of section 324 from the provisions of this Chapter, shall proceed to sea unless there is in force in respect of the ship a Load Line Certificate issued under section 332 or a Load Line Exemption Certificate issued under section 333. (2) The master of every Bangladesh ship shall produce to the Collector of Customs, from whom a port clearance for the ship is sought, the certificate which is required by sub section (1) to be in force when the ship proceeds to sea, and port clearance shall not be granted, and the ship may be detained, until that certificate is so produced. (3) The master of any ship which proceeds or attempts to proceed to sea in contravention of this section shall, for each offence, be punishable with fine which may extend to twenty thousand Taka.",
"name": "Ships not to proceed to sea without Certificate",
"related_acts": "",
"section_id": 337
},
{
"act_id": 642,
"details": "335. (1) When a Load Line Certificate has been issued in pursuance of the foregoing provisions of this Chapter in respect of a Bangladesh ship, other than a home trade ship, not exceeding two hundred tons gross- (a)\tthe owner of the ship shall forthwith on receipt of the certificate cause it to be framed and posted up in some conspicuous place on board the ship, and to be kept so framed and posted up and legible so long as the certificate remains in force and the ship is in use; and (b)\tthe master of the ship, before making any other entry in any official log book, shall enter or cause to be entered therein the particulars as to the position of the deck line and load lines specified in the certificate. (2) Before any such ship leaves any dock, wharf, harbour or other place for the purpose of proceeding to sea, the master thereof shall- (a)\tenter or cause to be entered in the official log book such particulars relating to the depth to which the ship is for the time being loaded, as the Government may, by rules made in this behalf, prescribe; and (b)\tcause a notice, in such form and containing such of the said particulars as may be required by the said rules, to be posted up in some conspicuous place on board the ship and to be kept so posted up and legible until the ship arrives at some other dock, wharf, harbour or place: Provided that the Government may by the said rules exempt home trade ships or any class of home trade ships from the requirements of clause (b). (3) If the owner or master of any ship fails to comply with the provisions of this section, he shall, for each offence, be punishable with fine which may extend to five thousand Taka.",
"name": "Publication of Load Line Certificate and particulars relating to depth of loading",
"related_acts": "",
"section_id": 338
},
{
"act_id": 642,
"details": "336. (1) Before an agreement with the crew of any ship, in respect of which a Load Line Certificate is in force, is signed by any member of the crew, the master of the ship shall insert in the agreement the particulars as to the position of the deck line and load lines specified in the certificate, and if he fails to do so, he shall, for each offence, be punishable with fine which may extend to five thousand Taka. (2) In the case of a ship required by this Ordinance to engage its crew before a Shipping Master, the Shipping Master shall not proceed with the engagement of the crew until- (a) \tthere is produced to him a Load Line Certificate for the time being in force in respect of the ship; and (b) \the is satisfied that the particulars required by this section have been inserted in the agreement with the crew. than Bangladesh ships, the Government shall make such rules as appear to it to be necessary.",
"name": "Insertion of particulars as to load lines in agreements with crew",
"related_acts": "",
"section_id": 339
},
{
"act_id": 642,
"details": "337. (1) The Government may, at the request of a country to which the Load Line Convention applies, issue an International Load Line Certificate in respect of a ship of that country if it is satisfied in like manner as in the case of a Bangladesh ship that it can properly issue the certificate, and where a certificate is issued at such a request, it shall contain a statement that it has been so issued. (2) An International Load Line Certificate issued in respect of any ship other than a Bangladesh ship by the Government of the country to which the ship belongs shall, subject to the rules referred to in sub section (3), have the same effect in Bangladesh as a Load Line Certificate issued in respect of a Bangladesh ship under this Part. (3) With a view to determining the validity in Bangladesh of certificate purporting to have been issued in accordance with the Load Line Convention in respect of ships other than Bangladesh ships, the Government shall make such rules as appear to it to be necessary.",
"name": "Load Line Certificates of ships other than Bangladesh ships",
"related_acts": "",
"section_id": 340
},
{
"act_id": 642,
"details": "338. (1) Any Surveyor authorised in this behalf by the Government may, at any reasonable time, go on board any ship other than a Bangladesh ship belonging to a country to which the Load Line Convention applies, being a ship of 150 tons gross or upwards, the keel of which was laid before the commencement of this Chapter, or a ship not less than 79 feet (24 metres) in length, the keel of which was laid after such commencement, when such ship is within any port or place in Bangladesh, for the purpose of demanding the production of any Load Line Certificate for the time being in force in respect of the ship. (2) If a valid International Load Line Certificate is produced to the Surveyor on such demand, the Surveyor's powers of inspecting the ship with respect to load line shall be limited to seeing- (a)\tthat the ship is not loaded beyond the limits allowed by the certificate; (b)\tthat the position of the load lines on the ship corresponds with the position specified in the certificate; (c)\tthat no material alterations have taken place in the hull or superstructures of the ship which affect the position of the load lines; (d)\tthat the fittings and appliances for the protection of openings, the guard rails, the freeing ports and the means of access to the crews' quarters have been maintained on the ship in as effective a condition as they were when the certificate was issued. (3) If it is found on any such inspection that the ship is loaded beyond the limits allowed by the certificate, the ship may be detained and the provisions of section 359 shall apply. (4) If it is found on any such inspection that the load lines on the ship are not in the position specified in the certificate, the ship may be detained until the matter has been rectified to the satisfaction of the Surveyor. (5) If it is found on any such inspection that the ship has been so materially altered in respect of the matters referred to in clauses (c) and (d) of sub section (2) that the ship is manifestly unfit to proceed to sea without danger to human life, the ship shall be deemed to be unsafe for the purpose of section 359: Provided that where the ship has been detained, the Government shall order the ship to be released as soon as it is satisfied that the ship is fit to proceed to sea without danger to human life. (6) If a valid International Load Line Certificate is not produced to the Surveyor on such demand as aforesaid, the Surveyor shall have the same power of inspecting the ship, for the purpose of seeing that the provisions of this Part relating to load lines have been complied with, as if the ship were a Bangladesh ship. (7) For the purposes of this section, a ship shall be deemed to be loaded beyond the limits allowed by the certificate if she is so loaded as to submerge in salt water, when the ship has no list, the appropriate load line on each side of the ship, that is to say, the load line appearing by the certificate to indicate the maximum depth to which the ship is for the time being entitled under the Load Line Convention to be loaded.",
"name": "Inspection and control of foreign ships belonging to countries to which the Load Line Convention applies",
"related_acts": "",
"section_id": 341
},
{
"act_id": 642,
"details": "339. The master of every ship other than a Bangladesh ship belonging to a country to which the Load Line Convention applies, being a ship of 150 tons gross or upwards, the keel of which was laid before the commencement of this Chapter, or a ship not less than 79 feet (24 metres) in length, the keel of which was laid after such commencement, shall produce to the Collector of Customs from whom a port clearance for the ship is sought- (a) \tin a case where port clearance is sought in respect of a voyage to a port or place outside Bangladesh, a valid International Load Line Certificate or a valid International Load Line Exemption Certificate; and (b) \tin a case where port clearance is sought in respect of any other voyage, a valid International Load Line Certificate or International Load Line Exemption Certificate or a valid Bangladesh Load Line Certificate or Bangladesh Load Line Exemption Certificate and port clearance shall not be granted and the ship may be detained until the certificate is so produced.",
"name": "Certificate of ship other than Bangladesh ship to be produced to Customs",
"related_acts": "",
"section_id": 342
},
{
"act_id": 642,
"details": "340. The provisions of section 326 shall apply to ships other than Bangladesh ships proceeding or attempting to proceed to sea from ports or places in Bangladesh as they apply to Bangladesh ships subject to the following modifications, (a) \tthe said section shall not apply if a valid International Load Line Certificate or a valid International Load Line Exemption Certificate is produced in respect of the ship, and (b) \tsubject to the provisions of clause (a), a ship which does not comply with the conditions of assignment to the extent required in her case by section 326 shall be deemed to be unsafe for the purpose of section 359.",
"name": "Marking of deck line and load lines of ships other than Bangladesh ships",
"related_acts": "",
"section_id": 343
},
{
"act_id": 642,
"details": "341. The provisions of sections 327, 328 and 329 shall apply to ships other than Bangladesh ships while they are within any port or place in Bangladesh as they apply to Bangladesh ships subject to the following modifications, namely:- (a) no ship belonging to a country to which the Load Line Convention applies being a ship of 150 tons gross or upwards, the keel of which was laid before the commencement of this Chapter or a ship not less than 79 feet (24 metres) in length, the keel of which was laid after such commencement, shall be detained, and no proceedings shall be taken against the owner or master thereof, by virtue of this said section except after an inspection by a Surveyor as provided by section 338; and (b) the expression “the appropriate load line”, in relation to any ship other than a Bangladesh ship, shall mean- (i) in the case of a ship in respect of which there is produced on such an inspection as aforesaid a valid International Load Line Certificate, the load line appearing by the certificate to indicate the maximum depth to which the ship is for the time being entitled under the Load Line Convention to be loaded; (ii) in any other case, the load line which corresponds with the load line indicating the maximum depth to which the ship is for the time being entitled under the Load Line Rules to be loaded, or, if no load line on the ship corresponds as aforesaid, the lowest load line thereon.",
"name": "Submersion of load line of ships other than Bangladesh ships",
"related_acts": "",
"section_id": 344
},
{
"act_id": 642,
"details": "342. The provisions of section 331 shall apply, in the same manner as they apply to Bangladesh ships, to all other ships while they are within any port or place in Bangladesh except ships to which the provisions of section 338 apply.",
"name": "Inspection of ships belonging to non Convention countries",
"related_acts": "",
"section_id": 345
},
{
"act_id": 642,
"details": "343. (1) The provisions of this Part relating to the issue, effect, duration, renewal and cancellation of Bangladesh Load Line Certificates shall apply to ships other than Bangladesh ships as they apply to Bangladesh ships subject to the following modifications, namely:- (a) \tany such certificate may be issued in respect of any such ship as in respect of a Bangladesh ship provided that any such certificate issued in respect of a ship of one hundred and fifty tons gross or upwards belonging to a country to which the Load Line Convention applies shall only be valid so long as the ship is not plying on voyages from or to any port or place in Bangladesh to or from any port or place outside Bangladesh, and shall be endorsed with a statement to that effect and shall be cancelled by the Government if it has reason to believe that the ship is so plying; and (b) \tthe survey required for the purpose of seeing whether the certificate should remain in force shall take place when required by the Government. (2) If the Government is satisfied- (a) \tthat provision has been made for the fixing, marking and certifying of load lines by the law in force in any country outside Bangladesh with respect to ships or any class or description of ship of that country and has also been so made or has been agreed to be so made for recognising Bangladesh Load Line Certificates as having the same effect in ports or places of that country as certificates issued under the said provisions; and (b) \tthat the said provision for the fixing, marking and certifying of load lines is based on the same principles as the corresponding provisions of this Part relating to load lines and is equally effective, it may, by notification in the official Gazette, direct that Load Line Certificates issued in pursuance of the said provision or in respect of ships of that class or description of ships of that country, shall have the same effect for the purpose of this Part as Bangladesh Load Line Certificates: Provided that such direction shall not apply to ships of one hundred and fifty tons gross or upwards belonging to countries to which the Load Line Convention applies, if such ships are engaged in plying on voyages from or to any port or place in Bangladesh to or from any port or place outside Bangladesh.",
"name": "Provisions relating to Load Line Certificates of ships other than Bangladesh ships",
"related_acts": "",
"section_id": 346
},
{
"act_id": 642,
"details": "344. The master of every ship belonging to a country to which the Load Line Convention does not apply shall produce to the Collector of Customs from whom a port clearance for the ship is sought, either a Bangladesh Load Line Certificate or a certificate having effect under this Ordinance as such a certificate, being a certificate for the time being in force in respect of the ship, and port clearance shall not be granted and the ship may be detained until the certificate required by this section is so produced.",
"name": "Certificates to be produced to Customs by ships belonging to non-Convention countries",
"related_acts": "",
"section_id": 347
},
{
"act_id": 642,
"details": "345. (1) The Government may, by notification in the official Gazette, make rules hereinafter referred to as “the deck cargo rules” prescribing requirements to be complied with where cargo is carried in any uncovered space on the deck of a Bangladesh ship or any other ship within any port or place in Bangladesh; and different requirements may be so prescribed in relation to different descriptions of ships, different descriptions of cargo, different voyages or classes of voyages, different seasons of the year or any other different circumstances. (2) If the load line rules provide, either generally or in particular cases or classes of cases, for assigning special free boards to ships which are to have effect only where a cargo of timber is so carried, then, without prejudice to the generality of the preceding sub section, the deck cargo rules may prescribe special requirements to be complied with in circumstances where any such special free board has effect. (3) If any provision of the deck cargo rules are contravened- (a) \tin the case of a Bangladesh ship, or (b) \tin the case of any other ship while the ship is within any port or at any place in Bangladesh, the master or owner of the ship shall be guilty of an offence and liable to a fine not exceeding ten thousand Taka. (4) Where a person is charged with an offence under the last preceding sub section, it shall be a defence to prove that the contravention was due solely to deviation or delay and that the deviation or delay was caused solely by stress of weather or other circumstances which neither the master nor the owner nor the charterer, if any, could have prevented or forestalled. (5) For the purpose of securing compliance with the deck cargo rules, any Surveyor authorised in that behalf by the Government may inspect any ship which is carrying cargo in any uncovered space on her deck.",
"name": "Power to make rules as to deck cargo",
"related_acts": "",
"section_id": 348
},
{
"act_id": 642,
"details": "346. (1) If any ship, either Bangladesh or foreign, other than a coasting ship or home trade ship, carries as deck cargo, that is to say, in any uncovered space upon deck, or in any covered space not included in the cubical contents forming the ship's registered tonnage, and not exempted by regulations under this Ordinance, timber, stores or other goods, all dues payable on the ship's tonnage shall be payable as if there were added to the ship's registered tonnage, the tonnage of the space occupied by those goods at the time at which the goods become payable. (2) The space so occupied shall be deemed to be the space limited by the area occupied by the goods and by straight lines enclosing a rectangular space sufficient to include the goods. (3) The tonnage of the space shall, for the purpose of this section, be ascertained by an officer of the Customs and when so ascertained shall be entered by him in a memorandum which he shall deliver to the master, and the master shall, when the said dues are demanded, produce that memorandum in like manner as if it were the certificate of registry, or, in the case of a foreign ship, the document equivalent to a certificate of registry, and in default, shall be liable to pay the same penalty as if he had failed to produce the said certificate or document.",
"name": "Tonnage of spaces occupied by deck cargo to be added to registered tonnage",
"related_acts": "",
"section_id": 349
},
{
"act_id": 642,
"details": "347. (1) The Government may, by notification in the official Gazette, make rules for regulating, in the interests of safety, the carriage of dangerous goods in ships, or adopt, with or without modification, any rules, regulations or codes relating to the carriage of such goods made by any other country or any international organisation and the provisions of the rules, regulations or codes so adopted shall have effect as if they were rules made under this sub section. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for the classification of such goods, the packing, marking and stowing of such goods or any class of such goods, and the fixing of the maximum quantity of any such class of goods which may be carried in different ships or classes of ships. (3) The owner, master or agent of a ship carrying or intending to carry any dangerous goods as cargo and about to make a voyage from a port or place in Bangladesh shall furnish in advance the prescribed particulars of the ship and the cargo to the Principal Officer or to such other officer as may be specified for the purpose. (4) A Surveyor may inspect the ship for the purpose of ensuring that the rules made under this section are complied with. (5) If any of the rules made under this section is not complied with in relation to any ship, the owner or master of the ship shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to twenty thousand Taka, or with both, and the ship shall be deemed for purposes of this Part to be an unsafe ship. Explanation. In this section, the expression “dangerous goods” means goods which by reason of the nature, quantity or mode of stowage are either singly or collectively liable to endanger the life or the health of person on or near the ship or to imperil the ship, and includes all substances within the meaning of the expression “explosives” as defined in the Explosives Act, 1884 (IV of 1884), and any other goods which the Government may, by notification in the official Gazette, specify as dangerous goods, but shall not include any fog or distress signals or like equipment required to be carried by the ship under this Ordinance or the rules or regulations made thereunder.",
"name": "Carriage of dangerous goods",
"related_acts": "52",
"section_id": 350
},
{
"act_id": 642,
"details": "348. (1) Where grain is loaded on board any Bangladesh ship or is loaded on board any ship within any port or place in Bangladesh, all necessary and reasonable precautions shall be taken to prevent the grain from shifting; and if such precautions are not taken, the owner or the master of the ship or any agent of the owner who was charged with the loading or with sending the ship to sea laden with grain shall be punishable with fine which may extend to five thousand Taka, and the ship shall be deemed for the purposes of this Part to be unsafe by reason of improper loading. (2) Where any ship which is loaded with grain outside Bangladesh without all necessary and reasonable precautions having been taken to prevent the grain from shifting, enters any port or place in Bangladesh so laden, the owners or the master of the ship shall be punishable with fine which may extend to Taka ten thousand, and the ship shall be deemed for the purpose of this Part to be unsafe by reason of improper loading: Provided that this sub section shall not apply to a ship which would not have entered any such port or place but for stress of weather or any other circumstances that neither the master nor the owner nor the charterer, if any, could have prevented or forestalled. (3) On the arrival at a port or place in Bangladesh from a port or place outside Bangladesh of any ship carrying a cargo of grain, the master shall cause to be delivered at the office of the Principal Officer or to such other officer as may be specified by the Government in this behalf, a notice stating- (a) the draught of water and free board of the said ship after the loading of the cargo was completed at the final port of loading; and (b) the following particulars of the grain carried, namely: (i) the kind of grain and quantity thereof stated in cubic feet, quarters, bushels or tons weight; (ii) the mode in which the grain is stowed; and (iii) the precautions taken to prevent the grain from shifting. (4) If the master fails to deliver the notice required by sub section (3), or if in any such notice makes any statement that he knows it to be false in a material particular, or recklessly makes a statement that is false in a material particular, he shall be punishable with fine which may extend to five thousand Taka. (5) A Surveyor or any other person authorised in this behalf by general or special order of the Government may, for securing the observance of the provisions of this section, inspect a ship carrying a cargo of grain and the mode in which such cargo is stowed therein. (6) The Government may make rules prescribing in relation to loading of ships generally or of ships of any class the precautions to be taken, and when such precautions have been prescribed, they shall be treated for the purposes of this section to be included in the expression “necessary and reasonable precautions”. (7) In this section, the expression “grain” includes wheat, maize, oats, rye, barley, rice, pulses and seeds and processed forms thereof whose behaviour is similar to that of grain in its natural state.",
"name": "Carriage of grain",
"related_acts": "",
"section_id": 351
},
{
"act_id": 642,
"details": "349. (1) The Government may make rules in relation to the loading of bulk cargoes, other than grain as defined in sub section (7) of section 348 and oil in bulk, on any Bangladesh ship or in any ship within any port or place in Bangladesh. (2) The owner or master of a ship in respect of which the provisions of any of the rules made under sub section (1) are contravened shall be punishable with fine which may extend to ten thousand Taka.",
"name": "Carriage of bulk cargoes other than grain, etc.",
"related_acts": "",
"section_id": 352
},
{
"act_id": 642,
"details": "350. A ship is “unseaworthy” within the meaning of this Ordinance when the materials of which she is made, her construction, the qualifications of the crew including officers, the weight, description and stowage of the cargo and ballast, the condition of her hull and equipment, boilers and machinery are not such as to render her in every respect fit for the proposed voyage or service.",
"name": "Unseaworthy ships",
"related_acts": "",
"section_id": 353
},
{
"act_id": 642,
"details": "351. (1) Every person who sends or attempts to send a Bangladesh ship to sea from any port or place in Bangladesh in such an unseaworthy state that the life of any person is likely to be thereby endangered shall, unless he proves that he used all reasonable means to ensure her being sent to sea in a seaworthy state, or that her going to sea in such an unseaworthy state was under the circumstances reasonable and justifiable, be punishable with imprisonment which may extend to two years, or with fine which may extend to forty thousand Taka, or with both. (2) Every master of a Bangladesh ship who knowingly takes such ship to sea in such unseaworthy state that the life of any person is likely to be thereby endangered shall, unless he proves that her going to sea in such unseaworthy state was, under the circumstances reasonable and justifiable, be punishable with imprisonment which may extend to two years, or with fine which may extend to forty thousand Taka, or with both. (3) For the purpose of giving such proof, every person charged under this section may give evidence in the same manner as any other witness. (4) No prosecution under this section shall be instituted except by, or with the consent of, the Government.",
"name": "Unseaworthy ship not to be sent to sea",
"related_acts": "",
"section_id": 354
},
{
"act_id": 642,
"details": "352. (1) In every contract of service, express or implied, between the owner of a Bangladesh ship and the master or any seaman thereof, and in every contract of apprenticeship whereby any person is bound to serve as an apprentice on board any such ship, there shall be implied, notwithstanding any agreement to the contrary, an obligation on the owner that such owner and the master, and every agent charged with the loading of such ship or the preparing thereof for sea, or the sending thereof to sea, shall use all reasonable means to ensure the seaworthiness of such ship for the voyage at the time when such voyage commences, and to keep her in a seaworthy state during the voyage. (2) For the purpose of seeing that the provisions of this section have been complied with, the Government may, either at the request of the owner or otherwise, arrange for a survey of the hull, equipment or machinery of any sea-going ship by a Surveyor.",
"name": "Obligation of owner to crew with respect to seaworthiness",
"related_acts": "",
"section_id": 355
},
{
"act_id": 642,
"details": "353. (1) Where a Bangladesh ship in any port or place to which the Government may specially extend this section is an unsafe ship, that is to say, is by reason of the defective condition of her hull, equipment or machinery, or by reason of under-manning or by reason of overloading or improper loading, unfit to proceed to sea without serious danger to human life, having regard to the nature of the service for which she is intended, such ship may be provisionally detained for the purpose of being surveyed or for ascertaining the sufficiency of her crew and either finally detained or released as follows, namely:- (a) \tthe Government, if it has reason to believe, on complaint or otherwise, that any such ship is unsafe, may order the ship to be provisionally detained as an unsafe ship for the purpose of being surveyed; (b) \ta written statement of the grounds of such detention shall be forthwith served on the master of such ship; (c) \twhen the Government orders that a ship be provisionally detained, it shall either refer the matter to the Court of Survey for the Port where the ship is detained, or forthwith appoint some competent person to survey such ship and report thereon; and, on receiving the report, may either order the ship to be released or, if in its opinion the ship is unsafe, may order her to be finally detained, either absolutely or until the performance of such conditions with respect to the execution of repairs or alterations, or the unloading or reloading of cargo, as the Government thinks necessary for the protection of human life; (d) \tbefore an order for final detention is made, a copy of the report shall be served upon the master of the ship, and within seven days after such service, the owner or master may appeal against such report, in the manner prescribed, to the Court of Survey for the port where the ship is detained; (e) \twhere a ship has been provisionally detained and a person has been appointed under this section to survey such ship, the owner or master of the ship, at any time before such person makes that survey, may require that he shall take with him as assessor such person as the owner or master may select, being a person named in the list of assessors for the Court of Survey or, if there is no such list, or if it is impracticable to procure the attendance of any person named in such list, a person of nautical, engineering or other special skill and experience; if the Surveyor and assessor agree that the ship should be detained or released, the Government shall cause the ship to be detained or released accordingly, and the owner or master shall have no right of appeal; if the Surveyor and assessor differ in their report, the Government may act as if the requisition had not been made, and the owner or master shall have a right of such appeal touching the report of the Surveyor as is hereinbefore provided in this section; (f) \twhere a ship has been provisionally detained, the Government may, at any time, if it thinks fit expedient, refer the matter to the Court of Survey for the port where the ship is detained; and (g) \tthe Government may, at any time, if satisfied that a ship detained under this section is not unsafe, order her to be released either with or without any conditions. (2) A Principal Officer or any other person appointed by the Government for the purpose, in this Ordinance referred to as a Detaining Officer, shall have the same power as the Government has under this section of ordering that a ship be provisionally detained for the purpose of being surveyed, and of appointing a person to survey her; and, if he thinks that a ship so detained by him is not unsafe, a Detaining Officer may order her to be released. (3) A Detaining Officer shall forthwith report to the Government any order made by him for the detention or release of a ship. (4) A ship detained under this section shall not be released by reason of her ceasing to be a Bangladesh ship subsequent to her detention. (5) A Detaining Officer may, for the purpose of this Part,- (a) \tgo on board any ship and may inspect the same or any part thereof, or any of the machinery, equipment and cargo on board thereof, and require the unloading or removal of any cargo, ballast or tackle, not unnecessarily detaining or delaying her from discharging, unloading or proceeding on any voyage; (b) \tby summons under his hand, require the attendance of all such persons as he thinks fit to call before him, examine such persons, and, by a like summons, require returns in writing to any inquiries he thinks fit to make; (c) \trequire and enforce the production of all books, papers or documents which he considers important; and (d) \tadminister oaths, or, in lieu of administering an oath, require every person examined by him to make and subscribe a declaration of the truth of the statements made by him in his examination.",
"name": "Power to detain unsafe ship and procedure for detention",
"related_acts": "",
"section_id": 356
},
{
"act_id": 642,
"details": "354. If it appears that there was not reasonable and probable cause, by reason of the condition of the ship or the act or default of the owner or the master, for the provisional detention of a ship, the Government shall be liable to pay to the owner of the ship his costs of and incidental to the detention and survey of the ship, and also compensation for any loss or damage sustained by him by reason of the detention or survey",
"name": "Liability of Government for cost and damages to a ship wrongly detained",
"related_acts": "",
"section_id": 357
},
{
"act_id": 642,
"details": "355. If a ship is finally detained under this Chapter, or if it appears that a ship provisionally detained was at the time of such detention unsafe or if a ship is detained in pursuance of any provision of this Part which provides for the detention of a ship until a certain event occurs, the owner of the ship shall be liable to pay to the Government the costs of and incidental to the detention and survey of the ship; and the ship shall not be released until such costs are paid.",
"name": "Liability of ship-owner for costs when ship rightly detained",
"related_acts": "",
"section_id": 358
},
{
"act_id": 642,
"details": "356. For the purposes of this Ordinance, the costs of and incidental to any proceeding before a Court of Survey, and a reasonable amount in respect of the remuneration of the Surveyor or any person appointed to represent the Government before the Court, shall be deemed to be part of the costs of the detention and survey of the ship: Provided that, where the complaint is made by one fourth, being not less than three, of the seamen belonging to the ship, and is not in the opinion of the Government or the Detaining Officer frivolous or vexatious, such security shall not be required; and the Government or the Detaining Officer shall, if the complaint is made in sufficient time before the sailing of the ship, take proper steps to ascertain whether the ship ought to be detained under this Chapter.",
"name": "Method of calculating costs of detention and survey",
"related_acts": "",
"section_id": 359
},
{
"act_id": 642,
"details": "357. When complaint is made to the Government or a Detaining Officer that a Bangladesh ship is unsafe, it shall be in the discretion of the Government or the Detaining Officer, as the case may be, to require the complainant to give security to the satisfaction of the Government or the Detaining Officer for the costs and compensation which such complainant may become liable to pay as hereinafter mentioned: Provided that, where the complaint is made by one fourth, being not less than three, of the seaman belonging to the ship, and is not in the opinion of the Government or the Detaining Officer frivolous or vexatious, such security shall not be required; and the Government or the Detaining Officer shall, if the complaint is made in sufficient time before the sailing of the ship, take proper steps to ascertain whether the ship ought to be detained under this Chapter.",
"name": "Power to require from complainant security for costs, etc.",
"related_acts": "",
"section_id": 360
},
{
"act_id": 642,
"details": "358. Where a ship is detained in consequence of any complaint, and the circumstances are such that the Government is liable under this Chapter to pay to the owner of the ship any costs or compensation, the complainant shall be liable to pay to the Government all such costs and compensation as the Government incurs, or is liable to pay, in respect of the detention and survey of the ship.",
"name": "Costs, etc., payable by Government to be recovered from complainant",
"related_acts": "",
"section_id": 361
},
{
"act_id": 642,
"details": "359. When a ship other than a Bangladesh ship is in a port in Bangladesh and is, whilst at that port, unsafe by reason of the defective condition of her hull, equipment or machinery, or by reason of over loading or improper loading or by reason of under-manning, the provisions of this Chapter with respect to detention of ships shall apply to that ship as if she were a Bangladesh ship, with the following modifications, namely:- (a) \ta copy of the order for the provisional detention of the ship shall forthwith be served on the Consular Officer for the country to which the ship belongs at or nearest to the port in which such ship is detained; (b) \tthe Consular Officer, at the request of the owner or master of the ship, may require that the person appointed by the Government to survey the ship shall be accompanied by such person as the Consular Officer may select, and in that case, if the Surveyor and that person agree, the Government shall cause the ship to be detained or released accordingly; but, if they differ, the Government may act as if the requisition had not been made, and the owner and master shall have the like right of appeal to a Court of Survey touching the report of the Surveyor as is hereinbefore provided in the case of a Bangladesh ship; and (c) \twhere the owner or master of the ship appeals to the Court of Survey, the Consular Officer, at the request of the owner or master, may appoint a competent person to be assessor in the case in lieu of the assessor who, if the ship were a Bangladesh ship, would be appointed otherwise than by the Government.",
"name": "Application to ships other than Bangladesh ships of provisions as in detention",
"related_acts": "",
"section_id": 362
},
{
"act_id": 642,
"details": "360. Where any ship other than a Bangladesh Ship is detained under this Part in any case to which the provisions of section 359 do not apply, or where any proceedings are taken under this Part against the master or owner of any such ship, notice shall forthwith be served on the Consular Officer for the country to which the ship belongs at or nearest to the port where the ship is for the time being, and such notice shall specify the grounds on which the ship has been detained or the proceedings have been taken.",
"name": "Detention, etc., of foreign ships in cases to which section 359 does not apply",
"related_acts": "",
"section_id": 363
},
{
"act_id": 642,
"details": "361. (1) No person on any Bangladesh ship shall, when the ship is going ahead, give a helm or steering order containing the word “starboard” or “right” or any equivalent of “starboard” or “right”, unless he intends that the head of the ship shall move to the right, or give a helm or steering order containing the word “port” or “left” or any equivalent of “port” or “left”, unless he intends that the head of the ship shall move to the left. (2) Any person who contravenes the provisions of this section shall, for each offence, be punishable with fine which may extend to five thousand Taka.",
"name": "Method of giving helm orders",
"related_acts": "",
"section_id": 364
},
{
"act_id": 642,
"details": "362. (1) The master of a Bangladesh ship on meeting with- (a)\tdangerous ice; (b)\ta dangerous derelict; (c)\ta tropical storm; (d)\tair temperatures below freezing point associated with gale force winds causing severe ice accretion on the superstructure of the ship; (e)\twinds of force 10 or above on the Beauford scale for which no storm warning has been received; or (f) \tany other direct danger to navigation; shall send information accordingly by all means of communication at his disposal, and in accordance with such rules as the Government may make in this behalf to ships in the vicinity and to such authorities on shore as may be prescribed by those rules. Explanation. For the purposes of this sub section, the expression “tropical storm” means a hurricane, typhoon, cyclone or other storm of a similar nature, and the master of a ship shall be deemed to have met with a tropical storm if he has reason to believe that there is such a storm in the vicinity. (2) If the master of a ship fails to comply with the provisions of this section, he shall, for each offence, be punishable with fine which may extend to five thousand Taka.",
"name": "Duty to report dangers to navigation",
"related_acts": "",
"section_id": 365
},
{
"act_id": 642,
"details": "363. When ice is reported on or near his course, the master of every Bangladesh ship shall at night proceed at a moderate speed or alter his course so as to pass well clear of the danger zone.",
"name": "Speed to be moderate when in vicinity of ice",
"related_acts": "",
"section_id": 366
},
{
"act_id": 642,
"details": "364. (1) The master of a Bangladesh ship on receiving at sea a signal of distress or information from any source that a vessel or aircraft is in distress shall proceed with all speed to the assistance of the persons in distress (informing them if possible that he is doing so) unless he is unable or in the special circumstances of the case considers it unreasonable or unnecessary to do so or unless he is released from such obligation under the provisions of sub section (3) or sub section (4). (2) Where the master of any ship in distress has requisitioned any Bangladesh ship that has answered his call, it shall be the duty of the master of the requisitioned ship to comply with the requisition by continuing to proceed with all speed to the assistance of the persons in distress unless he is released from the obligation under the provisions of sub section (4). (3) The master shall be released from the obligation imposed by sub section (1) as soon as he is informed of the requisition of one or more ships other than his own and that the requisition is being complied with by the ship or ships requisitioned. (4) The master shall be released from the obligation imposed by sub section (1), and, if his ship has been requisitioned, from the obligation imposed by sub-section (2), if he is informed by the persons in distress that assistance is no longer required. (5) If the master of any Bangladesh ship on receiving at sea a signal of distress or information from any source that a vessel or aircraft is in distress is unable or in the special circumstances of the case considers it unreasonable or unnecessary to go to the assistance of the persons in distress, he shall forthwith cause a statement to be entered in the official log book or, if there is no official log book, cause other record to be kept of his reasons for not going to the assistance of those persons; and if he fails to do so he shall be punishable with fine which may extend to ten thousand Taka. (6) The master of every Bangladesh ship for which an official log is required shall enter or cause to be entered in the official log book every signal of distress or message that a vessel, aircraft or person is in distress at sea. (7) Any master failing to comply with the provisions of sub section (1) or sub section (2) shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to ten thousand Taka, or with both. (8) The Government may, by notification in the official Gazette, make rules prescribing- (a)\tthe manner of communicating information regarding dangers to navigation, and the authorities on shore to whom such information is to be communicated; (b)\tthe signals which shall be signals of distress and of urgency, respectively; (c)\tthe circumstances in which, and the purposes for which, any such signal is to be used, and the circumstances in which it is to be revoked; and (d) \tthe speed at which any message sent by radio telegraphy in connection with such signal is to be transmitted.",
"name": "Obligation to render assistance on receiving signal of distress",
"related_acts": "",
"section_id": 367
},
{
"act_id": 642,
"details": "365. (1) Every Bangladesh ship shall be provided with such navigational and meteorological instruments, equipment and publications as the Government may by rules prescribe, and such rules may also prescribe the manner in which such instruments and equipment shall be maintained. (2) The Principal Officer or Surveyor may go on board any ship and inspect the instruments, equipment and publications maintained under sub section (1) with a view to satisfying himself that the provisions of that sub section have been duly complied with. (3) If the Principal Officer or Surveyor is of the opinion that the requirements under sub section (1) are not being complied with by any Bangladesh ship, he may detain the ship until such time as those requirements have been duly complied with.",
"name": "Ships to carry certain navigational instruments, etc.",
"related_acts": "",
"section_id": 368
},
{
"act_id": 642,
"details": "366. (1) Every Bangladesh ship, being a ship of over one hundred and fifty tons gross, shall, when proceeding to sea from any port or place in Bangladesh, be provided with an efficient daylight signalling lamp of a type approved by the Government. (2) If any ship proceeds or attempts to proceed to sea in contravention of this section, the owner or master thereof shall, for each offence, be punishable with fine which may extend to five thousand Taka.",
"name": "Signalling lamps",
"related_acts": "",
"section_id": 369
},
{
"act_id": 642,
"details": "367. (1) Every Bangladesh Ship shall make meteorological observations at such intervals and record the same in such meteorological log as may be prescribed. (2) Any Bangladesh ship or ships required by the Government to do so shall transmit meteorological reports at such times and to such authorities as may be appointed in this behalf. (3) The master of a ship in respect of which the provisions of sub section (1) or sub section (2) are contravened shall be punishable with fine which may extend to five thousand Taka. (4) The Government may, by notification in the official Gazette, make rules to carry out the purposes of this section.",
"name": "Meteorological observations to be recorded, etc.",
"related_acts": "",
"section_id": 370
},
{
"act_id": 642,
"details": "368. (1) The Government may, by notification in the official Gazette, make regulations for the prevention of collisions at sea, and may thereby regulate the lights and shapes to be carried and exhibited, the fog signals to be carried and used, and the steering and sailing rules to be observed by Bangladesh ships, and by sailing vessels and fishing vessels registered in Bangladesh. (2) The Collision Regulations, together with the provisions of sections 369 and 370, shall also be observed, while within Bangladesh Jurisdiction, by all ships other than Bangladesh ships and by all sailing vessels and fishing vessels not registered in Bangladesh, and, in any case arising in any Court in Bangladesh concerning matters arising within Bangladesh jurisdiction, such ships and vessels shall, for the purpose of application of the Collision Regulations and the said provisions, be treated as if they were Bangladesh ships, or sailing vessels or fishing vessels registered in Bangladesh, as the case may be.",
"name": "Collision Regulations",
"related_acts": "",
"section_id": 371
},
{
"act_id": 642,
"details": "369. (1) The owner or master of every ship and the owner, master or skipper of every sailing vessel or fishing vessel shall observe the Collision Regulations and shall not carry or exhibit any lights or shapes, or use any fog signals, other than those required by the said Regulations. (2) Any person who contravenes the provisions of sub section (1) shall, for each offence, be punishable with fine which may extend to twenty thousand Taka. (3) If any damage to person or property arises from the non observance by any such ship or vessel of any of the Collision Regulations, the damage shall be deemed to have been occasioned by the wilful default of the person in charge of the ship or the vessel, as the case may be, at the time, unless it is shown to the satisfaction of the Court that the circumstances of the case made a departure from the Regulations necessary.",
"name": "Observance of Collision Regulations",
"related_acts": "",
"section_id": 372
},
{
"act_id": 642,
"details": "370. (1) A Surveyor, or such other person as may be appointed by the Government in this behalf, may inspect any ship whether a Bangladesh ship or not, and any sailing vessel or fishing vessel whether registered in Bangladesh or not, for the purpose of seeing that the ship or vessel is properly provided with lights and shapes and the means of making for signals in conformity with the Collision Regulations, and, if the Surveyor or such other person finds that the ship or vessel is not so provided with, he shall give to the owner or to the master, or skipper, as the case may be, notice in writing, pointing out the deficiency, and also what is, in his opinion, requisite in order to remedy the same. (2) Every notice so given shall be communicated in the prescribed manner to the Collector of Customs at any port or place from which such ship or vessel may seek to clear; and no Collector of Customs to whom such communication is made, shall grant such ship or vessel a port clearance or allow her to proceed to sea without a certificate under the hand of a person appointed as aforesaid to the effect that the ship or vessel is properly provided with lights and shapes and with means of making fog signals in accordance with the said Regulations.",
"name": "Inspection of lights and shapes, etc.",
"related_acts": "",
"section_id": 373
},
{
"act_id": 642,
"details": "371. Nothing in this Ordinance shall affect the operation of any rules concerning lights and signals to be carried, or the steps for avoiding collision to be taken, by vessels navigating the waters of any harbour, river or other inland navigation, made, whether before or after the commencement of this Ordinance, under any law for the time being in force",
"name": "Saving for rules of navigation in harbour, etc.",
"related_acts": "",
"section_id": 374
},
{
"act_id": 642,
"details": "372. (1) In every case of collision between two ships, the master or person in charge of each ship, if and so far as he can do so without danger to his own ship, crew and passengers, if any, shall- (a)\trender to the other ship, her master, crew and passengers, if any, such assistance as may be practicable and may be necessary to save them from any danger caused by the collision and stay by the other ship until he has ascertained that she has no need of further assistance, and (b)\tgive to the master or person in charge of the other ship the name of his own ship and of the port to which she belongs and also the names of the ports from which she comes and to which she is bound. (2) If the master or person in charge fails, without reasonable cause, to comply with this section, he shall, for each offence, be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand Taka, or with both; and if he is a Certificated Officer, an inquiry into his conduct may be held, and his certificate may be suspended or cancelled.",
"name": "Duty of master of ship to assist in case of collision",
"related_acts": "",
"section_id": 375
},
{
"act_id": 642,
"details": "373. (1) In every case of collision in which it is practicable so to do, the master of every ship concerned shall, immediately after the occurrence, cause a statement thereof and of the circumstances under which the same occurred to be entered in the official log book, if any, and the entry shall be signed by the master and also by the mate or one of the crew. (2) If a master fails to comply with this section, he shall be punishable with fine which may extend to five thousand Taka.",
"name": "Collision to be entered in official log",
"related_acts": "",
"section_id": 376
},
{
"act_id": 642,
"details": "374. Report to Government of accidents to ships.- Omitted by section 3 of the Bangladesh Merchant Shipping (Amendment) Act, 1988 (Act No. III of 1988).",
"name": "Report to Government of accidents to ships",
"related_acts": "",
"section_id": 377
},
{
"act_id": 642,
"details": "375. (1) If the owner or agent of any Bangladesh ship has reason, owing to the non appearance of the ship or to any other circumstances to apprehend that the ship has been wholly lost, he shall, within a reasonable time, send to the Government notice in writing of the loss and of the probable cause thereof stating the name of the ship, her official number, if any, and her port of registry. (2) If the owner or agent fails, without reasonable cause, to comply with this section, he shall be punishable with fine which may extend to five thousand Taka.",
"name": "Notice of loss of Bangladesh ship to be given",
"related_acts": "",
"section_id": 378
},
{
"act_id": 642,
"details": "376. (1) Whenever by the fault of two or more ships, damage or loss is caused to one or more of them or to the cargo of one or more of them or to any property on board one or more of them, the liability to make good the damage or loss shall be in proportion to the degree in which each ship was at fault: Provided that- (a) \tif having regard to all the circumstances of the case, it is not possible to establish different degrees of fault, the liability shall be apportioned equally; (b) \tnothing in this section shall operate so as to render any ship liable for any loss or damage to which her fault has not contributed; (c) \tnothing in this section shall affect the liability of any person under any contract or shall be construed as imposing any liability upon any person from which he is exempted by any contract or by any provision of law or as affecting the right of any person to limit his liability in the manner provided by law. (2) For the purposes of this Chapter, references to damage or loss by the fault of a ship shall be construed as including references to any salvage or other expenses, consequent upon that fault, recoverable in law by way of damages.",
"name": "Division of loss in case of collision",
"related_acts": "",
"section_id": 379
},
{
"act_id": 642,
"details": "377. (1) Whenever loss of life or personal injuries are suffered by any person on board a ship owing to the fault of that ship and of any other ship or ships, the liability of the owners of the ships concerned shall be joint and several. (2) Nothing in this section shall be construed as depriving any person of any right of defence on which independently of this section, he might have relied in any action brought against him by the person injured or any person entitled to sue in respect of such loss of life, or shall affect the right of any person to limit his liability in cases to which this section relates in the manner provided by law.",
"name": "Damages for personal injury",
"related_acts": "",
"section_id": 380
},
{
"act_id": 642,
"details": "378. (1) Whenever loss of life or personal injuries are suffered by a person on board a ship owing to the fault of that ship and of any other ship or ships and a proportion of the damages is recovered from the owner of one of the ships which exceeds the proportion in which she was in fault, the said owner may recover by way of contribution the amount of the excess from the owners of the other ship or ships, to the extent to which those ships were respectively in fault: Provided that no amount shall be so recovered which could not, by reason of any statutory or contractual limitation of, or exemption from liability, or which could not for any other reason, have been recovered in the first instance as damages by the persons entitled to sue therefore. (2) In addition to any other remedy provided by law, the person entitled to any contribution under sub section (1) shall, for the purpose of recovering the contribution, have, subject to the provisions of this Ordinance, the same rights and powers as the persons entitled to sue for damages in the first instance.",
"name": "Right of contribution",
"related_acts": "",
"section_id": 381
},
{
"act_id": 642,
"details": "379. (1) Except in the case of a coasting ship not exceeding 200 tons gross and a sailing vessel or fishing vessel, an official log in the prescribed form shall be kept in every Bangladesh ship. (2) The official log shall be kept distinct from the ordinary ship's log. (3) Any entry required by this Ordinance in the official log book shall be made as soon as possible after the occurrence to which it relates, and if not made on the same day as that occurrence, shall be made and dated so as to show the date of the occurrence and of the entry respecting it; and if made in respect of an occurrence happening before the arrival of the ship at her final port of discharge, shall not be made more than twenty four hours after that arrival. (4) Every entry in the official log book shall be signed by the master and by the senior mate available on board and also- (a) \tif it is an entry of illness, injury or death, by the surgeon or medical practitioner on board, if any; (b) \tif it is an entry of wages due to, or of the sale of the effects of a seaman or apprentice who dies, by some other member of the crew; and (c) \tif it is an entry of wages due to a seaman who enters service in the Bangladesh Navy, by the seaman or by the officer authorised to receive the seaman into that service. (5) Every entry made in an official log book in the manner provided by this Ordinance shall be admissible in evidence.",
"name": "Official logs to be kept and to be evidence",
"related_acts": "",
"section_id": 382
},
{
"act_id": 642,
"details": "380. The master of every Bangladesh ship for which an official log is required shall enter or cause to be entered in the official log book the following matters, namely:- (1) \tevery conviction by a Court or other authority of a member of his crew, and the punishment inflicted; (2) \tevery offence committed by a member of his crew and, if the offence is one for which it is intended to prosecute or to enforce a forfeiture or to exact a fine, such statement concerning the reading over of that entry, and concerning the reply, if any, made to the charge as is by this Ordinance required; (3) \tevery offence for which punishment is inflicted on board and the punishment inflicted; (4) \ta statement of the conduct, character and qualifications, and a report on the quality of work of each member of his crew, or a statement, with reasons, that he declines to give an opinion on those particulars; (5) \tevery case of illness or injury happening to a member of the crew with the nature thereof, and the medical treatment adopted, if any; (6) \tevery case of death happening on board and the cause thereof; (7) \tevery birth happening on board with the sex of the infant and the names of the parents; (8) \tevery marriage taking place on board with the names and ages of the parties; (9) \tthe name of every seaman or apprentice who ceases to be a member of the crew otherwise than by death, with the place, time, manner and cause thereof; (10) \tthe wages due to any seaman or apprentice who dies, or otherwise ceases to be a member of the crew, during the voyage, and the gross amount of all deductions to be made therefrom; (11) \tthe wages due to any seaman who enters service in Bangladesh Navy during the voyage and the gross amount of all deductions to be made therefrom; (12) \tthe money or other property taken over of any seaman or apprentice who dies during the voyage and the sale of such effects, if any, indicating a statement of each article sold and of the sum received for it; (13) every disrating of seaman along with a statement of disrating and of the fact that a copy of the entry has been furnished to the seaman; (14) \ta statement of the effects left on board by a seaman who is left behind out of Bangladesh and the amount due to him on account of wages at the time he was left behind; (15) \ta record of examination of provisions and water and the result of such examination; (16) \ta record of inspection of crew accommodation and the result of such inspection; (17) \tevery collision with any other ship and the circumstances under which the same occurred; (18) \tevery fire or boiler explosion occurring on the ship and the circumstances under which the same occurred; (19) \ta statement of any damage sustained by the ship or cargo as a result of any fire, boiler explosion, perils of the seas or any other reason during the voyage; (20) \ta statement of the nature and amount of cargo jettisoned for the safety of the crew, passengers or the ship; (21) \tthe time of closing and opening the hinged doors, portable plates, side scuttles, gangway, cargo and coaling ports and other openings which are required by any rules made under this Ordinance to be kept closed during navigation; (22) \ta record of all drills and inspections required by any rules made under this Ordinance with an explicit record of any defects disclosed; and, if boat drill and fire drill are not practised on board, the reasons why boat drill and fire drill were not practised as required by such rules; (23) \tthe particulars as to the position of the deck line and load lines specified in the Load Line Certificate; (24) \tsuch particulars relating to the depth to which the ship is loaded before leaving any place for the purpose of proceeding to sea as may be required by any rules made under this Ordinance; (25) \ta statement, if any, stowaway is found on board; (26) \tthe tonnage of the space, measured in accordance with any rules made under this Ordinance occupied by goods carried as deck cargo; (27) \tany order made by a Marine Board; (28) \tevery signal of distress or message that a vessel, aircraft, or person is in distress at sea, received by the master; (29) \tany occasion when the master has been unable to go to the assistance of any vessel or aircraft or person in distress at sea together with his reasons for the inability; (30) \ta list of documents delivered to him on taking command of the ship; and (31) \tany other matter which may be prescribed for entry in the official log book.",
"name": "Entries required to be made in official log book",
"related_acts": "",
"section_id": 383
},
{
"act_id": 642,
"details": "381. (1) If an official log book is not kept in the manner required by this Ordinance, or if an entry required by this Ordinance to be made therein is not made at the time and in the manner required the master shall, if no other penalty is provided by this Ordinance, for each offence, be punishable with fine which may extend to five thousand Taka. (2) If any person makes or procures to be made or assists in making any entry in any official log book in respect of any occurrence happening previously to the arrival of the ship at her final port of discharge more than twenty four hours after such arrival, he shall, for each offence, be punishable with fine which may extend to five thousand Taka. (3) If any person wilfully destroys or mutilates or renders illegible any entry in any official log book, or wilfully makes or procures to be made or assists in making a false or fraudulent entry in or omission from an official log book, he shall be punishable with imprisonment for a term which may extend to one year, and shall also be liable to fine which may extend to five thousand Taka.",
"name": "Offences in respect of official logs",
"related_acts": "",
"section_id": 384
},
{
"act_id": 642,
"details": "382. (1) The master of every foreign going ship for which an official log is required to be kept shall, within forty eight hours after the ship's arrival at her final port of destination in Bangladesh or upon the discharge of the crew, whichever first happens, deliver the official log book of the voyage to the Shipping Master before whom the crew is discharged. (2) The master or owner of every home trade ship, and of every coasting ship for which an official log is required to be kept shall, within twenty one days of the thirtieth day of June and also of the thirty first day of December every year, transmit or deliver to a Shipping Master in Bangladesh the official log book for the next preceding half-year. (3) If the master or owner of a ship fails, without reasonable cause, to comply with this section, he shall be punishable with fine which may extend to five thousand Taka.",
"name": "Delivery of official logs",
"related_acts": "",
"section_id": 385
},
{
"act_id": 642,
"details": "383. (1) If, for any reason, the official log ceases to be required in respect of a ship, the master or owner of the ship shall, if the ship is then in Bangladesh, within one month, and, if she is elsewhere, within six months, after the cessation, deliver or transmit to the Shipping Master at the port or place where the crew was engaged, the official log book, duly completed up to the time of the cessation. (2) If a ship for which an official log is required to be kept is lost or abandoned, the master or owner thereof shall, if practicable, and as soon as possible, deliver or transmit to the Shipping Master at the port or place where the crew was engaged the official log book duly completed up to the time of the loss or abandonment. (3) If the master or owner of the ship fails, without reasonable cause, to comply with the provisions of this section, he shall, for each offence, be punishable with fine which may extend to five thousand Taka",
"name": "Official log to be sent to Shipping Master in the case of transfer or loss of ship",
"related_acts": "",
"section_id": 386
},
{
"act_id": 642,
"details": "384. (1) The Government, or the Marine Board, or any Principal Officer, Surveyor, Shipping Master or Bangladesh Consular Officer may, by order in writing, at any time, call for the official log book of a ship for the purpose of inspection of the entries made therein, and the master or owner of the ship shall, unless the official log book has already been called under this section, produce the same at the time and place specified in the order. (2) If the master or owner fails, without reasonable cause, to comply with an order made under sub section (1), he shall, for each offence, be punishable with fine which may extend to five thousand Taka.",
"name": "Power to call for official logs",
"related_acts": "",
"section_id": 387
},
{
"act_id": 642,
"details": "385. The Government may, by notification in the official Gazette, make rules to carry out the purposes of this Part.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 388
},
{
"act_id": 642,
"details": "386. This Chapter applies to power driven sea-going fishing vessels only.",
"name": "Application of Chapter",
"related_acts": "",
"section_id": 389
},
{
"act_id": 642,
"details": "387. For the purpose of this Chapter, the tonnage of fishing vessels shall be such as may be ascertained, in accordance with the rules made for the ascertainment of tonnage under Part II.",
"name": "Ascertainment of tonnage",
"related_acts": "",
"section_id": 390
},
{
"act_id": 642,
"details": "388. (1) Every fishing vessel to which this Chapter applies shall be registered in accordance with the provisions of this section. (2) A fishing vessel registered at any time before the commencement of this Chapter at any port in Bangladesh under any law for the time being in force shall, for a period of six months from such commencement or for such further period as may be specified in this behalf by the Government, be deemed to be registered under this Chapter and be recognised as fishing vessel registered in Bangladesh and, if she is not registered under this Chapter within such period, shall be liable to be forfeited to the Government. (3) The owner of every fishing vessel shall make an application in the prescribed form to the Registrar for the grant to him of a Certificate of Registry in respect of the vessel, and shall cause the tonnage of the vessel to be ascertained in the prescribed manner. (4) The Registrar may make such inquiry as he thinks fit with respect to the particulars contained in the application, and shall enter in a register, to be called the Fishing Vessels Register, the following particulars in respect of the vessel, namely:- (a) \tthe name of the vessel, the place where she was built, and the port to which she belongs; (b) \ther tonnage ascertained as aforesaid; (c) \ttype of engines; (d) \tthe name, occupation and address of the owner; (e) \tthe letter and number assigned to the vessel; (f) \tthe mortgages, if any, effected by the owner in respect of the vessel; (g) \tsuch other particulars as may be prescribed. (5) After the particulars in respect of the vessel have been entered in the Fishing Vessels Register under sub section (4), the Registrar shall grant to the applicant a Certificate of Registry in the prescribed form on payment of a fee according to such scale as may be prescribed having regard to the tonnage of the vessel. (6) A fishing vessel which is required to be registered under this Chapter but is not so registered shall be the Principal Officer, Surveyor or Collector of Customs until the Certificate of Registry is produced. (7) The owner or master or skipper of every fishing vessel which is required to be registered under this Chapter but has not been so registered shall be liable to pay a fine which may extend to twenty thousand Taka.",
"name": "Registration of fishing vessels",
"related_acts": "",
"section_id": 391
},
{
"act_id": 642,
"details": "389. (1) In all proceedings under this Ordinance against the owner or skipper of, or any person belonging to, any vessel entered in the Fishing Vessels Register, or for the recovery of damages for injury done by such vessel, the Register shall be conclusive evidence that the person entered therein at any date as owner of the vessel was at that date the owner thereof, and that the vessel is a Bangladesh sea going fishing vessel. (2) This section shall not prevent any proceedings being instituted against any person not so entered who is beneficially interested in the vessel nor shall it affect the rights of the owners among themselves if there be more than one owner, or the rights of any owner entered in the Register, against any person not so entered who is beneficially interested in the vessel. (3) Save as aforesaid, entry in the Fishing Vessels Register shall not confer, take away, or affect any title to or interest in any such vessel.",
"name": "Effect of registration of fishing vessels",
"related_acts": "",
"section_id": 392
},
{
"act_id": 642,
"details": "390. (1) The owner of a vessel registered under section 388 shall paint or cause to be painted permanently in the prescribed manner on some conspicuous part of the vessel, the name by which the vessel has been registered, the letter and number assigned by the Registrar, and the port to which she belongs, and shall ensure that the vessel remains so painted. (2) If the owner contravenes the provisions of sub section (1), he shall be punishable with fine which may extend to five thousand Taka.",
"name": "Particulars relating to Fishing Vessels to be painted",
"related_acts": "",
"section_id": 393
},
{
"act_id": 642,
"details": "391. A change of name of a fishing vessel registered under section 388 shall not be effected except in accordance with the rules made for change of name under Part II, and when so effected, shall be entered in the Fishing Vessels Register.",
"name": "Change of name",
"related_acts": "",
"section_id": 394
},
{
"act_id": 642,
"details": "392. (1) No person shall transfer or acquire any fishing vessel registered under this Chapter or any interest therein without the previous approval in writing of the Government or an officer authorised by it in this behalf; and any transaction effected in contravention of this section shall be void. (2) Every change of ownership shall be reported, jointly by the registered owner and the new owner, to the Registrar in the prescribed form, and the Registrar shall make such inquiry as he thinks fit with respect to the change of ownership, and shall thereupon enter the name of the new owner in the Fishing Vessels Register and endorse the Certificate of Registry accordingly. (3) Whoever contravenes any of the provisions of this section, shall, for each offence, be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to ten thousand Taka or with both.",
"name": "Change of ownership",
"related_acts": "",
"section_id": 395
},
{
"act_id": 642,
"details": "393. (1) Every mortgage of a fishing vessel or of any interest therein effected after the commencement of this Chapter shall be registered with the Registrar. (2) Every mortgage of a fishing vessel or any interest therein effected before the commencement of this Chapter shall, if subsisting at such commencement, be registered with the Registrar within three months thereof unless it is earlier discharged. (3) The Registrar shall enter every such mortgage in the Fishing Vessels Register in the order in which it is registered with him. (4) If there are more mortgages than one recorded in respect of the same fishing vessel or interest therein, the mortgages shall, notwithstanding any express, implied or constructive notice, have priority according to the date on which each mortgage is registered with the Registrar and not according to the date of each mortgage itself : Provided that nothing contained in this sub section shall affect the relative priorities as they existed immediately before the commencement of this Chapter as between mortgages of the same vessel or interest therein effected before such commencement which are registered in accordance with the provisions of sub-section (2).",
"name": "Mortgages of fishing vessels",
"related_acts": "",
"section_id": 396
},
{
"act_id": 642,
"details": "394. (1) When a fishing vessel is so altered as not to correspond with the particulars relating to her entered in the Certificate of Registry, the owner of such vessels shall make a report of such alteration to the Registrar of the port where the vessel is registered, and the Registrar shall either cause the alteration to be registered, or direct that the vessel be registered anew, in accordance with such rules as may be made in this behalf. (2) If the owner fails to comply with the provisions of this section, he shall be punishable with fine which may extend to five thousand Taka.",
"name": "Registration of alterations",
"related_acts": "",
"section_id": 397
},
{
"act_id": 642,
"details": "395. The registry of a fishing vessel may be transferred from one port to another in Bangladesh on the application of the owner of the vessel in accordance with such rules as may be made in this behalf.",
"name": "Transfer of registry",
"related_acts": "",
"section_id": 398
},
{
"act_id": 642,
"details": "396. (1) If a fishing vessel is lost, destroyed or rendered permanently unfit for service, the owner of such vessel shall, with the least practicable delay, report the fact to the Registrar of the port where the vessel is registered, and also forward to him along with the report the Certificate of Registry in respect of the vessel; and thereupon the Registrar shall make an entry to that effect in the Fishing Vessels Register and upon the making of such entry, the entries in the Register relating to the registration of the vessel shall be considered as closed, except so far as they relate to any unsatisfied mortgage entered therein. (2) If the owner fails to comply with any of the provisions of this section, he shall, for each offence, be punishable with fine which may extend to four thousand Taka.",
"name": "Entries in Register relating to vessel lost, etc.",
"related_acts": "",
"section_id": 399
},
{
"act_id": 642,
"details": "397. (1) No fishing vessel shall proceed to sea unless a Certificate of Inspection applicable to the intended voyage is in force. (2) A Certificate of Inspection in respect of a fishing vessel shall specify- (a) \tthe name and tonnage of the vessel; (b) \tthe name, occupation and address of the owner; (c) \tthe name of the skipper and engine driver; (d) \tthe type of engine; (e) \tthe minimum number of crew that may be carried; (f) \tthe limits within which the vessel may be used for purposes of fishing; (g) \tthe particulars of life saving and fire appliances, and lights and shapes, and the means of making fog and distress signals carried on board, and shall contain a statement to the effect that her hull, machinery and equipment are in good condition. (3) A Certificate of Inspection shall be in force for one year or for such shorter period as may be specified therein. (4) The Collector of Customs shall not grant a port clearance until after the production of a Certificate of Inspection in respect of the vessel. (5) Where at any time after the issue of a Certificate of Inspection in respect of a fishing vessel, the Government has reason to believe that the vessel is not fit to proceed to sea, or that the vessel has undergone material alteration or has met with an accident, it may, after giving the owner an opportunity of making a representation, cancel such certificate. (6) A fresh Certificate of Inspection shall not be issued until the requirements of section 394 have been satisfied, nor unless the vessel has been inspected and the authority making the inspection is satisfied that the vessel is fit to proceed to sea.",
"name": "Certificate of inspection",
"related_acts": "",
"section_id": 400
},
{
"act_id": 642,
"details": "398. (1) No person shall use or attempt to use the Certificate of Registry or the Certificate of Inspection granted in respect of a fishing vessel for any purpose other than the lawful navigation of the vessel. (2) No person shall use or attempt to use for the navigation of a fishing vessel a certificate of Registry or a Certificate of Inspection not granted in respect of that vessel. (3) No person who has in his possession or under his control the Certificate of Registry or the Certificate of Inspection of a fishing vessel shall refuse or fail, without reasonable cause, to deliver such certificate on demand to the owner of the vessel. (4) If any person contravenes any of the provisions of this section, he shall, for each offence, be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand Taka or with both.",
"name": "Fraudulent use of Certificate of Registry or Certificate of Inspection, etc.",
"related_acts": "",
"section_id": 401
},
{
"act_id": 642,
"details": "399. Every fishing vessel shall be provided with such life saving and fire appliances as may be required by rules made for the provisions of such appliances under Part VI, and shall be equipped with lights and shapes and the means of making fog signals in accordance with the Collision Regulations.",
"name": "Life saving appliances, etc.",
"related_acts": "",
"section_id": 402
},
{
"act_id": 642,
"details": "400. (1) No fishing vessel shall proceed to sea unless the skipper and the engine driver are duly certificated by the Government, nor shall any person not so certificated accept any such employment in respect of any such vessel: Provided that a fishing vessel not less than seventy five gross registered tons shall carry at least one skipper, one second hand and two engine drivers who are duly certificated by the Government. (2) The Government may make rules providing for- (a) \tthe manner in which and the conditions upon which such certificates shall be granted; (b) \tthe suspension and cancellation of such certificate; (c) \tthe inquiries and investigation into the conduct of the holders of such certificates. (3) Any person who,- (a)\thaving been engaged as a skipper, second hand or engine driver goes to sea as such without being duly certificated, or (b) \temploys a person in contravention of sub section (1), without ascertaining that the person is duly certificated, shall, for each offence, be punishable with fine which may extend to five thousand Taka.",
"name": "Skippers and engine drivers to be duly certificated",
"related_acts": "",
"section_id": 403
},
{
"act_id": 642,
"details": "401. (1) Every owner or skipper of a sea going fishing vessel shall maintain or cause to be maintained in the prescribed form a statement of the crew of the vessel. (2) Every change of crew of the vessel shall be entered in the statement maintained under sub section (1). (3) A copy of such statement and of every change therein shall be communicated as soon as possible to the Registrar of the port where the vessel is registered. (4) If the owner or skipper fails to comply with any of the provisions of this section, he shall, for each offence, be punishable with fine which may extend to five thousand Taka.",
"name": "Statement relating to crew to be maintained",
"related_acts": "",
"section_id": 404
},
{
"act_id": 642,
"details": "402. The Government may, by notification in the official Gazette, exempt any type of fishing vessel from the requirements of any of the provisions of this Chapter.",
"name": "Power to exempt",
"related_acts": "",
"section_id": 405
},
{
"act_id": 642,
"details": "403. (1) The Government may, by notification in the official Gazette, make rules to carry out the purposes of this Chapter, (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- (a) \tthe form in which applications for Certificates of Registry shall be made and the particulars which such applications should contain; (b) \tthe form in which Certificates of Registry and Certificates of Inspection may be issued; (c) \tthe issue of duplicate copies of Certificates of Registry and Certificates of Inspection when the originals are destroyed, lost, mislaid, mutilated or defaced; (d) \tthe manner in which, and the time within which, reports for the registration of alterations in the Certificates of Registry shall be made, the endorsements of the particulars of alteration on such certificates, the grant of provisional certificates where vessels are directed to be registered anew, the period for which provisional certificates shall be valid and all other matters ancillary to the registration of alterations; (e) \tthe form and manner in which applications for the transfer of registry from one port to another in Bangladesh shall be made, and the procedure to be followed by the Registrar in connection with such transfer; (f) \tthe form and manner in which change of ownership is to be reported, and the procedure to be followed in connection with such change; (g) \tthe construction, equipment, machinery and other matters relating to the safety of the vessels; (h) \tthe fees which may be levied for the issue or re issue of Certificates of Registry or Certificates of Inspection and for any other purposes of this Chapter; and (i) \tany other matter which is to be or may be prescribed under this Chapter.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 406
},
{
"act_id": 642,
"details": "404. Notwithstanding anything contrary contained in any other provisions of this Ordinance, this Chapter applies to every sea going sailing vessel owned by a citizen of Bangladesh or a company which fulfils the conditions set out in sub clause (b) of clause (3) of section 2.",
"name": "Application of Chapter",
"related_acts": "",
"section_id": 407
},
{
"act_id": 642,
"details": "405. Any question as to whether or not a vessel is a sailing vessel for the purpose of this Chapter shall be referred to the Government whose decision thereon shall be final.",
"name": "Decision on question whether a vessel is a sailing vessel",
"related_acts": "",
"section_id": 408
},
{
"act_id": 642,
"details": "406. (1) Every sailing vessel shall be registered in accordance with the provisions of this section. (2) A sailing vessel registered at any time before the commencement of this Chapter at any port in Bangladesh under any law for the time being in force shall, for period of six months from such commencement or for such further period as may be specified in this behalf by the Government, be deemed to be registered under this Chapter and be recognised as a sailing vessel registered in Bangladesh and, if she is not registered under this Chapter within such period, shall be liable to be forfeited to the Government. (3) The owner of every sailing vessel shall make an application in the prescribed form to the Registrar for the grant to him of a Certificate of Registry in respect of the vessel, and shall cause the tonnage of the vessel to be ascertained in the prescribed manner. (4) Registrar may make such inquiry as he thinks fit with respect to the particulars contained in such application and shall enter in a register, to be called the Sailing Vessels Register, the following particulars in respect of the vessel, namely: (a)\tthe name of the sailing vessel, place where she was built, and the port to which she belongs; (b)\tthe rig, type and tonnage of the vessel; (c)\tthe name, occupation and address of the owner; (d)\tthe number assigned to the vessel; (e)\tthe mortgages, if any, effected by the owner in respect of the vessel; and (f)\tsuch other particulars as may be prescribed. (5) After the particulars in respect of the vessel have been entered in the Sailing Vessels Register under sub section (4), the Registrar shall grant to the applicant a Certificate of Registry in the prescribed form on payment of a fee according to such scale as may be prescribed having regard to the tonnage of the vessel. (6) A sailing vessel which is required to be registered under this Chapter but is not so registered shall be detained by the Principal Officer, Surveyor or Collector of Customs until the Certificate of Registry is produced. (7) The owner or master or skipper of every sailing vessel which is required to be registered under this Chapter, but has not been so registered shall be liable to pay a fine which may extend to ten thousand Taka.",
"name": "Certificate of Registry",
"related_acts": "",
"section_id": 409
},
{
"act_id": 642,
"details": "407. A change of name of a sailing vessel registered under section 406 shall not be effected except in accordance with the rules made under this Chapter, and when so effected, shall be entered in the Sailing Vessels Register.",
"name": "Change of name of sailing vessel",
"related_acts": "",
"section_id": 410
},
{
"act_id": 642,
"details": "408. (1) The Government may, by notification in the official Gazette, make rules to regulate the carriage of cargo or passengers in sailing vessels and the protection of life and property on board such vessels. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- (a)\tthe assignment of free board to sailing vessels; (b) \tthe marking of such free board on such vessels and the maintenance of such markings; (c) \tthe survey of the space allotted to passengers on board such vessels; and (d) \tthe scale and type of accommodation to be provided for each passenger. (3) Any sailing vessel attempting to proceed to sea without free-board markings or any sailing vessel which has been so loaded as to submerge such markings may be detained by the Principal Officer, Surveyor or Collector of Customs, until free board markings are made in accordance with the rules made under sub section (1) or the vessel is so loaded that such markings are not submerged. (4) Nothing in this section relating to survey of spaces allotted to passengers or the scale or type of accommodation to be provided for each passenger shall apply to any sailing vessel which has been surveyed under Part V, nor shall anything in this section relating to free board apply to any sailing vessel in respect of which a load line has been assigned under Part VI. (5) If any sailing vessel arrives at a port or place in Bangladesh with a number of passengers in excess of the number which the vessel is certified to carry, or arrives at such port or place with the free board markings submerged, the owner and skipper shall, for each offence, be punishable with fine which may extend to ten thousand Taka: Provided that the fine shall not exceed an amount calculated at the rate of five hundred Taka for every passenger in excess as aforesaid or one thousand Taka for every inch by which the free board markings are submerged.",
"name": "Prevention of overloading or overcrowding",
"related_acts": "",
"section_id": 411
},
{
"act_id": 642,
"details": "409. (1) No sailing vessel shall proceed to sea unless a Certificate of Inspection applicable to the intended voyage is in force. (2) A Certificate of Inspection in respect of a sailing vessel shall specify- (a) \tthe name and tonnage of the vessel; (b)\tthe names of the owner and skipper of the vessel; (c)\tthe minimum number of the crew and the maximum number of passengers that may be carried; (d)\tthe limits within which the vessel may be used for the purposes of trading; (e)\tthe particulars of the free board assigned to the vessel; (f)\tthe particulars of life saving and fire appliances, and lights and shapes, and the means of making fog and distress signals carried on board, and shall contain a statement to the effect that her hull, rigging and equipment, including auxiliary machinery, if any, are in good condition. (3) A Certificate of Inspection shall be in force for one year or for such shorter period as may be specified therein: Provided that the Government, or any person authorised by it in this behalf, may grant an extension of any certificate issued under this Chapter in respect of a Bangladesh ship of a period not exceeding one month from the date on which the Certificate would but for such extension, have expired, or if the ship is absent from Bangladesh on that date, for a period not exceeding five months from that date. (4) The Collector of Customs shall not grant a port clearance until after the production of a Certificate of Inspection in respect of the vessel. (5) Where at any time after the issue of a Certificate of Inspection in respect of a sailing vessel, the Government has reason to believe that the vessel is not fit to ply or proceed to sea, it may, after giving the owner an opportunity of making a representation, cancel such certificate. (6) Where at any time after the issue of a Certificate of Inspection a sailing vessel has undergone material alteration or has met with an accident or, where the Certificate of Inspection of a sailing vessel has been cancelled under sub- section (5) and an application is made for the re issue of such certificate or for the grant of a fresh certificate, the Registrar may, before re issuing the certificate or issuing a fresh certificate, as the case may be, cause such vessel to be inspected; and if the authority inspecting the vessel reports that she is not fit to proceed to sea or that her hull, rigging and equipment, including auxiliary machinery, if any, are defective, such certificate shall not be re issued or issued until the vessel is, in the opinion of such authority, fit to proceed to sea or the defect is rectified to the satisfaction of such authority.",
"name": "Certificate of Inspection",
"related_acts": "",
"section_id": 412
},
{
"act_id": 642,
"details": "410. (1) If any owner or skipper of a sailing vessel in the course of her voyage has jettisoned or claims to have jettisoned the whole or any part of the cargo of the vessel on account of abnormal weather conditions or for any other reason, he shall immediately after arrival of the vessel at any port or place in Bangladesh give notice of such jettisoning to the Principal Officer at such port, or, where there is no such officer, to such other officer as may be appointed by the Government in this behalf; and such notice shall contain full particulars of the cargo jettisoned and the circumstances under which such jettisoning took place. (2) When any such officer receives notice under sub section (1) or has reason to believe that the cargo of any sailing vessel in his port has been jettisoned, he shall forthwith report in writing to the Government the information he has received and may proceed to make an inquiry into the matter.",
"name": "Inquiry into jettisoning of cargo",
"related_acts": "",
"section_id": 413
},
{
"act_id": 642,
"details": "411. (1) A sailing vessel not owned by a citizen of Bangladesh or a company which fulfils the condition set out in sub clause (b) of clause (3) of section 2 shall not engage in the coasting trade of Bangladesh without the previous permission in writing of the Government. (2) The Government may, when granting such permission, impose such terms and conditions as it thinks fit and may require the owner or other person in charge of the vessel to deposit such amount as it thinks necessary as security for the due fulfilment of such terms and conditions. (3) The Collector of Customs shall not grant a port clearance to a sailing vessel not registered under this Chapter which engages or attempts to engage in the coasting trade of Bangladesh until after the production by the owner or person in charge of the vessel of the permission under sub section (1).",
"name": "Foreign sailing vessels not to engage in coasting trade without permission",
"related_acts": "",
"section_id": 414
},
{
"act_id": 642,
"details": "412. (1) The provisions of sub section (5) of section 408 shall apply to any sailing vessel registered in any country other than Bangladesh which arrives in a port or place in Bangladesh in an overloaded condition. (2) A sailing vessel shall be deemed to be in an overloaded condition for the purposes of this section- (a) \twhere the vessel is loaded beyond the limit specified in any certificate issued in the country in which she is registered; or (b) \tin case where no such certificate has been issued in respect of the vessel, where the actual free board of the vessel is less than the free board which would have been assigned to her had she been registered under this Chapter. (3) Any such vessel which is in an overloaded condition and is about to proceed from a port or place in Bangladesh may be detained until she ceases to be in an overloaded condition.",
"name": "Detention, etc. of overloaded foreign sailing vessels",
"related_acts": "",
"section_id": 415
},
{
"act_id": 642,
"details": "413. (1) The provisions of sections 389, 390, 392, 393, 394, 395, 396, 398, 399, 401 and 402 shall, mutatis mutandis, apply to sailing vessels as they apply to fishing vessels. (2) The Government may, by notification in the official Gazette, direct that any other provisions of this Ordinance which do not apply to sailing vessels shall also apply to such vessels, subject to such conditions, exceptions and modifications, if any, as may be specified in the notification.",
"name": "Application to sailing vessels of certain provisions relating to ships and. \tfishing vessels",
"related_acts": "",
"section_id": 416
},
{
"act_id": 642,
"details": "414. (1) The Government may, by notification in the official Gazette, make rules to carry out the purposes of this Chapter. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may, besides providing for all or any of the matters specified in section 403, in so far as such matters relate to sailing vessels, provide for all or any of the following matters, namely:- (a) \tthe manner in which the tonnage of sailing vessels shall be ascertained; (b) \tthe manner in which free board is to be assigned to sailing vessels and the free board markings are to be made; (c) \tthe form and manner in which applications for the change of name of sailing vessels shall be made and the procedure to be followed by the Registrar in connection with such change; (d) \tthe criteria by which sailing vessels may be classified for the purpose of determining the limits within which they may be used for purposes of trading; (e) \tthe survey of space provided for passengers of sailing vessels and the scale and type of accommodation to be provided for such passengers; and (f) \tany other matter which is to be or may be prescribed under this Chapter.",
"name": "Power to make rules respecting sailing vessels",
"related_acts": "",
"section_id": 417
},
{
"act_id": 642,
"details": "415. (1) For the purpose of inquiries and investigations under this Part, a shipping casualty shall be deemed to occur when- (a) \ton or near the coasts of Bangladesh, including the territorial waters thereof, any ship is lost, abandoned, stranded or materially damaged; (b) \tany ship causes loss or material damage to any other ship on or near such coasts, or within such waters; (c) \tany loss of life ensues by reason of any casualty happening to or on board any ship on or near those coasts, or within such waters; (d) \tin any place, any such loss, abandonment, stranding, material damage or casualty as above mentioned occurs to or on board any Bangladesh ship, and any competent witness thereof is found in Bangladesh; (e) \tany Bangladesh ship is lost or is supposed to have been lost, and any evidence is obtainable in Bangladesh as to the circumstances under which she proceeded to sea or was last heard of. (2) In the cases mentioned in clause (a), (b) and (c) of sub-section (1), the master or other person in charge of the ship, or where two or more ships are concerned, in charge of each ship at the time of shipping casualty, shall give immediate notice of the shipping casualty to the officer appointed in this behalf by the Government; and if such officer is not the Principal Officer himself, he shall inform the nearest Principal Officer of the shipping casualty. (3) In the case mentioned in clause (d) of sub section (1), where the master of the ship concerned, or, except in the case of a loss, where the ship concerned proceeds to any place in Bangladesh from the place where the shipping casualty has occurred, the master of the ship shall, on arriving in Bangladesh, give immediate notice of the shipping casualty to the nearest Principal Officer.\t(4) Any person bound to give notice under this section and wilfully failing to give the same shall be punishable with fine which may extend to twenty thousand Taka. (5) Whenever any Principal Officer receives, by notice as aforesaid or otherwise, credible information that a shipping casualty has occurred, he shall forthwith communicate in writing the information to the Government.",
"name": "Shipping casualties and report thereof",
"related_acts": "",
"section_id": 418
},
{
"act_id": 642,
"details": "416. (1) On receipt of information that a shipping casualty has occurred, a preliminary inquiry may be held respecting the casualty, and if the Government so directs, by general or special order, such inquiry shall be held- (a) \twhere the shipping casualty occurs on or near the coast of Bangladesh, including the territorial waters thereof, by the Principal Officer at or near the place where the casualty occurs, or a Surveyor authorised by him; or (b) \twhere the shipping casualty occurs elsewhere, by the Principal Officer to whom the casualty has been reported or a Surveyor authorised by him; (2) Notwithstanding the provisions of sub section (1), the Government may appoint any person to hold a preliminary inquiry respecting any shipping casualty. (3) Any person holding an inquiry under this section- (a) \tmay go on board any ship, and may inspect the same or any part thereof, or any of the machinery, boats, equipments or articles on board thereof, to which the provisions of this Ordinance apply, not unnecessarily detaining or delaying her from proceeding on any voyage; (b) \tmay enter and inspect any premises the entry or inspection of which appears to him to be necessary for the purpose of the inquiry; (c) \tmay, by summons under his hand, require the attendance of all such persons as he thinks fit to call before him and examine for such purpose, and may require answers or returns to any inquiries he thinks fit to make; (d) \tmay require and enforce the production of all books, papers or documents which he considers important for such purpose; and (e) may administer oaths, or may, in lieu of requiring or administering an oath, require any person examined by him to make and subscribe a declaration of the truth of the statements made by him in his examination. (4) An officer making a preliminary inquiry under this section shall send report thereof to the Government.",
"name": "Preliminary inquiry into shipping casualties",
"related_acts": "",
"section_id": 419
},
{
"act_id": 642,
"details": "417. (1) Where in any case it appears to the Government that a judicial inquiry should be held respecting a shipping casualty, whether a preliminary inquiry under section 416 respecting it has been held or not, it may direct an officer to make an application to a Court empowered under sub section (2) to make a judicial inquiry into such casualty and upon the making of such application, the Court shall make such inquiry. (2) Magistrates of the first class specially empowered by the Government shall have jurisdiction to make judicial inquiries into shipping casualties under this Chapter.",
"name": "Judicial Inquiry by Court",
"related_acts": "",
"section_id": 420
},
{
"act_id": 642,
"details": "418. (1) A Court making an inquiry under section 417 may inquire into any charge of incompetency or misconduct arising, in the Courts of the inquiry, against any master, mate or engineer, as also into any charge of a wrongful act or default on his part causing the shipping casualty. (2) In every case in which any such charge, whether of incompetency or misconduct, or of a wrongful act or default, as aforesaid, arise against any master, mate or engineer, in the course of an inquiry, the Court shall, before the commencement of the inquiry, cause to be furnished to him a statement of the case upon which the inquiry has been directed.",
"name": "Power of Court to inquire into charges against masters, mates and engineers",
"related_acts": "",
"section_id": 421
},
{
"act_id": 642,
"details": "419. (1) The Government, if it has reason to believe that there are grounds for charging any master, mate or engineer with incompetency or misconduct, including drunkenness or tyranny, otherwise than in the course of an inquiry under section 417, may- (a) \tif the master, mate or engineer holds a certificate under this Ordinance, in any case; and (b) \tif the master, mate or engineer holds a certificate under the law of a country other than Bangladesh, in a case where the incompetence or misconduct has occurred on board a Bangladesh ship, transmit statement of the case to any Court having jurisdiction under section 417 which is at or nearest to the place where it may be convenient for the parties and witnesses to attend, and may direct that Court to make an inquiry into that charge. (2) Notwithstanding the provisions of sub section (1), the Government may, where it considers expedient so to do, appoint a person to hold the inquiry if it has reason to believe that any master, mate or engineer is due to incompetency or misconduct unfit to discharge his duties, or that, in the case of a collision, he has failed to render such assistance or give such information as is required by section 372; and transmit a statement of the case to such person. (3) Before commencing an inquiry under this section, the Court or the person appointed under sub section (2), shall cause the master, mate or engineer so charged to be furnished with a copy of the statement transmitted by the Government. (4) Where the inquiry is held by a person appointed under sub section (2), that person, for the purpose of the inquiry, shall have all such powers as are specified in sub section (3) of section 416, and shall give a report of the case to the Government: Provided that no such inquiry shall be held without giving the master, mate or engineer concerned an opportunity of making a representation.",
"name": "Power of Government to direct inquiry into charges of incompetency or misconduct",
"related_acts": "",
"section_id": 422
},
{
"act_id": 642,
"details": "420. For the purpose of an inquiry by a Court under this Chapter into any charge against a master, mate or engineer, the Court may summon him to appear, and shall give him full opportunity of making a defence either in person or otherwise.",
"name": "Person accused to be heard",
"related_acts": "",
"section_id": 423
},
{
"act_id": 642,
"details": "421. For the purpose of any inquiry under this Chapter, the Court making the inquiry, so far as relates to compelling the attendance and examination of witnesses and the production of documents and the regulation of the proceedings, shall have the same powers as are exercisable by that Court in the exercise of its criminal jurisdiction.",
"name": "Power of Court as to evidence and regulation of proceedings",
"related_acts": "",
"section_id": 424
},
{
"act_id": 642,
"details": "422. (1) A Court making any such inquiry shall constitute as its assessors not less than two and not more than four persons, of whom one shall be a person conversant with maritime affairs and the other or others shall be conversant with either maritime or mercantile affairs: Provided that, where the inquiry involves, or appears likely to involve, any question as to the cancellation or suspension of the certificate of a master, mate or engineer, two of the assessors shall be persons having also experience in the merchant service. (2) The assessors shall attend during the inquiry and deliver their opinions in writing, to be recorded on the proceedings, but the exercise of all powers conferred on the Court by this Chapter or any other law for the time being in force shall rest with the Court. (3) The assessors shall be chosen from a list to be prepared from time to time by the Government.",
"name": "Assessors",
"related_acts": "",
"section_id": 425
},
{
"act_id": 642,
"details": "423. (1) If any Court making an inquiry under this Chapter thinks it necessary for obtaining evidence that any person should be arrested, it may issue a warrant for his arrest, and may, for the purpose of effecting the arrest, authorise any officer, subject, nevertheless, to any general or special instructions from the Government, to enter any vessel, and any officer so authorised may, for the purpose of enforcing the entry, call to his aid any officer of police or Customs or any other person. (2) Where any officer of police or Customs or any person is called under sub section (1), it shall be the duty of such officer or person to render all such assistance as may be required by the Court.",
"name": "Power to arrest witnesses and enter ships, etc.",
"related_acts": "",
"section_id": 426
},
{
"act_id": 642,
"details": "424. Whenever, in the course of any such inquiry it appears that any person has committed within the jurisdiction of any Court in Bangladesh an offence punishable under any law in force in Bangladesh, the Court making the inquiry may, subject to such rules consistent with this Ordinance as the Supreme Court may from time to time make, cause him to be arrested, or commit him or hold him to bail to take his trial before the proper Court, and may bind over any person to give evidence at the trial, and may for the purposes of this section, exercise all its powers as a Criminal Court.",
"name": "Power to commit for trial and bind over witnesses",
"related_acts": "",
"section_id": 427
},
{
"act_id": 642,
"details": "425. (1) The Court shall, in the case of all inquiries under this Chapter, transmit to the Government a full report of the conclusions at which it has arrived together with the evidence; and may make such recommendations as it may deem fit in regard to the various matters inquired into including a recommendation for the cancellation or suspension of any Certificate of Competency. (2) Where the inquiry affects a master, mate or engineer of a ship other than a Bangladesh ship who holds a certificate under the law of a country other than Bangladesh, the Government may transmit a copy of the report together with the evidence to the proper authority in that country.",
"name": "Report by Court to Government",
"related_acts": "",
"section_id": 428
},
{
"act_id": 642,
"details": "426. (1) Whenever any explosion or fire occurs on board any ship on or near the coasts of Bangladesh, including the territorial waters thereof, or anywhere else on board any Bangladesh ship, an investigation into the causes of explosion or fire shall be made by such person or persons as the Government thinks fit. (2) The person or persons referred to in sub section (1) may go on board the ship on which the explosion or fire has occurred with all necessary workmen and labourers, and remove any portion of the ship, of the machinery thereof, for the purpose of the investigation, and shall report to the Government or the person duly appointed by it, as the case may be, what in his or their opinion was the cause of the explosion or fires.",
"name": "Investigation into causes of explosion or fire on board ship, etc.",
"related_acts": "",
"section_id": 429
},
{
"act_id": 642,
"details": "427. The provisions of this Chapter relating to inquiries shall, mutatis mutandis, apply to fishing vessels as they apply to any other ship.",
"name": "Provisions of this Chapter to apply to certain other vessels",
"related_acts": "",
"section_id": 430
},
{
"act_id": 642,
"details": "428. Wherever, outside Bangladesh- (a) \ta complaint is made to a Bangladesh Consular Officer or a senior officer of any ship of the Bangladesh Navy in the vicinity, hereinafter referred to as “Naval Officer”, by the master or any member of the crew of a Bangladesh ship, and such complaint appears to the Bangladesh Consular Officer or Naval Officer, as the case may be, to require immediate inquiry, or (b) \tthe interest of the owner of a Bangladesh ship or of the cargo thereof appears to a Bangladesh Consular Officer or Naval Officer, as the case may be, to require such inquiry, or (c) \tan allegation of incompetency or misconduct is made to a Bangladesh Consular Officer or Naval Officer against the master, mate or engineer of a Bangladesh ship, or (d) \tany Bangladesh ship is lost, abandoned or stranded at or near the place where a Bangladesh Consular Officer or a Naval Officer may be, or whenever the crew or part of the crew of any Bangladesh ship which has been lost, abandoned or stranded arrives at that place, or (e) \tany loss of life or any serious injury to any person has occurred on board a Bangladesh ship at or near that place, the Bangladesh Consular Officer or Naval Officer, as the case may be, may, in his discretion, convene a Marine Board to inquire into the said complaint or allegation or the matter affecting the said interests or the cause of the loss, abandonment or the stranding of the ship, or of the loss of life or of the injury to the person.",
"name": "Convening of Marine Boards outside Bangladesh",
"related_acts": "",
"section_id": 431
},
{
"act_id": 642,
"details": "429. (1) A Marine Board shall consist of the officer convening the Board and two other members. (2) The two other members of the Marine Board shall be appointed by the officer convening the Marine Board from among persons conversant with maritime or mercantile affairs. (3) The officer convening the Marine Board shall be the presiding officer thereof. (4) A Marine Board shall, subject to the provisions of this Ordinance, have power to regulate its own procedure.",
"name": "Constitution and procedure of a Marine Board",
"related_acts": "",
"section_id": 432
},
{
"act_id": 642,
"details": "430. Where there is a difference of opinion among members of the Marine Board, the decision of the majority of the members shall be the decision of the Board.",
"name": "Decision of Marine Board to be by majority",
"related_acts": "",
"section_id": 433
},
{
"act_id": 642,
"details": "431. (1) While holding an inquiry under this Chapter, a Marine Board may exercise all or any of the powers specified in sub section (3) of section 416, as may be necessary in the circumstances of the case. (2) A Marine Board may, after inquiring into and hearing the case,- (a) \tif it is of opinion that the safety of a Bangladesh ship or her cargo or crew, or the interest of the owner of a Bangladesh ship or the owner of the cargo thereof, requires it, remove the master and appoint another qualified person to act in his stead; (b) \tif it is of opinion that any master, mate or engineer of a Bangladesh ship is incompetent or has been guilty of any act of misconduct, or in a case of collision has failed to render such assistance or give such information as is required by section 372, or that loss, abandonment or stranding of or serious damage to any ship, or loss of life or serious injury to any person, has been caused by the wrongful act or default of any master, mate or engineer of a Bangladesh ship, suspend the certificate of that master, mate or engineer for a specified period; (c) \tdischarge a seaman from a Bangladesh ship and order the wages of any seaman so discharged or any part of those wages to be forfeited; (d) \tdecide any questions as to wages, fines or forfeitures arising between any of the parties to the proceedings; (e) \tdirect that any or all of the costs incurred by the master or owner of a Bangladesh ship, or on the maintenance of a seaman or apprentice while in prison outside Bangladesh, shall be paid out of, and deducted from, the wages of that seaman or apprentice, whether then or subsequently; (f) \tif it considers such a step expedient, order a survey to be made of any Bangladesh ship which is the subject of inquiry; (g) \torder the costs of proceedings before it, or any part of those costs, to be paid by any of the parties thereto, and may order any person making a frivolous or unjustified complaint to pay compensation for any loss or delay caused thereby; and any costs or compensation so ordered to be paid by any person shall be paid by that person accordingly, and may be recovered in the same manner in which wages of seaman are recoverable, or may be deducted from the wages due to that person: Provided that no such certificate shall be suspended unless the master, mate or engineer concerned has been furnished with a statement of the case in respect of which an inquiry has been ordered, and he has also been given an opportunity of making a defence either in person or otherwise. (3) All orders made by a Marine Board shall, whenever practicable, be entered in the official log book of the ship which is the subject of inquiry, or of the ship on board whereof the casualty or occurrence of conduct inquired into took place, and be signed by the Presiding Officer of the Board. (4) A Marine Board, shall, in the case of every inquiry under this Chapter, transmit to the Government a full report of the conclusions at which it has arrived, together with the evidence and any orders passed under this section.",
"name": "Powers of Marine Board",
"related_acts": "",
"section_id": 434
},
{
"act_id": 642,
"details": "432. If any person wilfully and without due cause obstructs the conduct of any hearing or enquiry by any Marine Board, he shall, for each offence, be punishable with imprisonment which may extend to six months, or with fine which may extend to ten thousand Taka, or with both.",
"name": "Penalty for obstructing proceedings before Marine Board",
"related_acts": "",
"section_id": 435
},
{
"act_id": 642,
"details": "433. The provisions of this Chapter shall apply to all Bangladesh ships whether registered or deemed to have been registered under this Ordinance or not so registered; and where they apply to such ships they shall apply to the owners, masters and crew of those ships.",
"name": "Application of Chapter",
"related_acts": "",
"section_id": 436
},
{
"act_id": 642,
"details": "434. Any certificate which has been granted by the Government under this Ordinance to any master, mate or engineer may be cancelled, or for a specified period suspended, by the Government in the following cases, that is to say,- (a) \tif, on receipt of a report under sub section (4) of section 419, or under section 425, or under sub section (4) of section 431, the Government considers cancellation or suspension necessary; (b) if the master, mate or engineer is proved to have been convicted- (i)\tof any offence under this Ordinance or of any non bailable offence committed under any other law for the time being in force in Bangladesh or an offence involving moral turpitude and so committed; or (ii)\tof an offence committed outside Bangladesh which, if committed in Bangladesh, would be a non bailable offence or an offence involving moral turpitude; (c) \tif it has reason to believe that any master, mate or engineer is, or has become, unfit to discharge his duties.",
"name": "Power of Government to cancel or suspend certificate of master, mate or engineer",
"related_acts": "",
"section_id": 437
},
{
"act_id": 642,
"details": "435. (1) A master, mate or engineer whose certificate has been cancelled or suspended by the Government, or has been suspended by a Marine Board, shall deliver his certificate- (a) \tif suspended by a Marine Board, to that Board on demand; (b) \tif not so demanded or if it is cancelled or suspended by the Government, to the Government or to such officer as the Government may direct. (2) if a master, mate or engineer fails to comply with this section, he shall, for each offence, be punishable with fine which may extend to two thousand Taka.",
"name": "Delivery of cancelled or suspended certificates",
"related_acts": "",
"section_id": 438
},
{
"act_id": 642,
"details": "436. The cancellation or suspension of a certificate by the Government, or the suspension of a certificate by a Marine Board shall- (a) \tif the certificate was issued under this Ordinance, be effective everywhere and in respect of all ships; and (b) \tif the certificate was issued outside Bangladesh, be effective- (i)\twithin Bangladesh and the territorial waters of Bangladesh, in respect of all ships; and (ii)\toutside Bangladesh, in respect of Bangladesh ship only.",
"name": "Effect of cancellation or suspension of certificate",
"related_acts": "",
"section_id": 439
},
{
"act_id": 642,
"details": "437. If the certificate of a master, mate or engineer is suspended under this part by the Government or by a Marine Board, no endorsement shall be made to that effect on the said certificate.",
"name": "Suspended certificates not to be endorsed",
"related_acts": "",
"section_id": 440
},
{
"act_id": 642,
"details": "438. (1) Notwithstanding anything contained in this Ordinance, the Government may, at any time, without any enquiry, cancel or suspend any certificate granted by it under this Ordinance other than a certificate granted to a master, mate or engineer, if, in its opinion, the holder is, or has become, unfit to act in the grade for which the certificate was granted to him: Provided that no order under this section shall be passed by the Government unless the person concerned has been given an opportunity of making a representation against the order proposed. (2) The provisions of clause (b) of sub section (1) of section 435, and sub section (2) of that section shall apply to certificates cancelled or suspended under this section as they apply to the delivery of cancelled and suspended certificates under that section.",
"name": "Power of Government to cancel or suspend other certificates",
"related_acts": "",
"section_id": 441
},
{
"act_id": 642,
"details": "439. (1) The Government may, either of its own motion or on receipt of an application from any person affected by an order under section 431, or section 434, or section 438, in respect of any case in which an inquiry has been held under this Part, order the case to be re heard, either generally or as to any part thereof, by any person or persons or by any Court, specially appointed or empowered for the purpose and shall, in respect of every case, so order- (a) \tif new and important evidence which could not be produced at the inquiry has been discovered; or (b) \tif, for any other reason, there has, in its opinion, been a miscarriage of justice. (2) An application under sub section (1) shall be made in such form, within such time and on payment of such fees and a case shall be re heard in such manner, as may be prescribed. (3) The provisions of sub section (3) of section 416, section 420, section 421 and section 425, shall, so far as may be, apply to every case re heard under this section as if the re hearing were in inquiry referred to therein.",
"name": "Re hearing, etc.",
"related_acts": "",
"section_id": 442
},
{
"act_id": 642,
"details": "440. (1) The Government may, in any case ordered to be re heard under section 439, on receipt of the report of re hearing, and in any case not so ordered, at any time, if it thinks that the justice of the case so requires,- (a) \trevoke any order of cancellation or suspension made by it under section 434, or set aside any order of suspension made by a Marine Board under clause (b) of sub section (2) of section 431; or (b) \tshorten or lengthen the period of suspension ordered by it under section 434, or by a Marine Board under the aforesaid clause; or (c) \tre issue the certificate or grant in lieu thereof a certificate of a lower grade, in the ease of any certificate cancelled or suspended by it under section 434, or suspended by a Marine Board under the aforesaid clause: Provided that no order under clause (b) lengthening the period of suspension of a certificate shall be passed unless the person concerned has been given an opportunity of making a representation against the order proposed. (2) A Certificate granted under clause (c) of sub section (1) shall have the same effect as if it had been granted after examination.",
"name": "Power of Government to revoke cancellation, etc.",
"related_acts": "",
"section_id": 443
},
{
"act_id": 642,
"details": "441. Where it appears to the Government that, having regard to the circumstances of the case, an order of cancellation or suspension under section 434 is not justified or where it revokes or sets aside an order of cancellation or suspension under clause (a) of sub section (1) of section 440, it may pass an order censuring the master, mate or engineer in respect of his conduct.",
"name": "Power of Government to censure master, mate or engineer",
"related_acts": "",
"section_id": 444
},
{
"act_id": 642,
"details": "442. Subject to the foregoing provisions of this Chapter, all orders of a Marine Board under clause (b) of sub section (2) of section 431, and all orders of the Government under this Chapter shall be final, and shall not be called in question in any Court.",
"name": "Finality of orders",
"related_acts": "",
"section_id": 445
},
{
"act_id": 642,
"details": "443. (1) if a Surveyor authorised to inspect a ship- (a) \tmakes a statement in his report of inspection with which the owner or his agent or the master of the ship is dissatisfied, or (b) \tgives notice under this Ordinance of any defect in any ship, or (c) \tdeclines to give any certificate under this Ordinance, the owner, master or agent, as the case may be, may, subject to the provisions of sub section (2) of section 447, appeal to a Court of Survey. (2) Whenever a Surveyor inspects any ship, he shall, if the owner, master or agent of the ship so requires, be accompanied on the inspection by some person nominated by the owner, master or agent, as the case may be, and if the person so nominated agrees with the Surveyor as to the statement made or the notice given by the Surveyor or the refusal by the Surveyor to give a certificate, there shall be no appeal to a Court of Survey from that statement, notice or refusal.",
"name": "Court of Survey",
"related_acts": "",
"section_id": 446
},
{
"act_id": 642,
"details": "444. (1) A Court of Survey for a port shall consist of a Judge, sitting with two assessors. Explanation.- “Judge” means a District Judge, a Judge of Court of Small Causes, a Magistrate of the first class or other fit person appointed in this behalf by the Government, either generally or for any specified case. (2) The assessors shall be persons of nautical, engineering or other special skill or experience. (3) Subject to the provisions of Part VI as regards ships other than Bangladesh ships, one of the assessors shall be appointed by the Government either generally or for any specified case and the other shall be summoned by the Judge in the manner prescribed out of a list of persons prepared by the Government for the purpose from time to time, or, if there is no such list or if it is impracticable to procure the attendance of any person named in such list, shall be appointed by the Judge.",
"name": "Constitution of Court of Survey",
"related_acts": "",
"section_id": 447
},
{
"act_id": 642,
"details": "445. (1) The Judge shall, on receiving notice of an appeal or a reference from the Government, immediately summon the assessors to meet forthwith in the prescribed manner. (2) The Court of Survey shall hear every case in open Court. (3) The Judge and each assessor shall, for the purposes of this Ordinance have the same powers of inspection, and of enforcing the attendance of witness and the production of evidence, as are by this Ordinance conferred on a Detaining Officer. (4) The Judge may appoint any competent person to survey the ship and report thereon to the Court. (5) The Judge shall have the same power as the Government has to order the ship to be released or finally detained; but, unless one of the assessors concurs in an order for the detention of the ship, the ship shall be released. (6) The owner and master of the ship and any person appointed by the owner or master and also any person appointed by the Government may attend at any inspection or survey made in pursuance of this section. (7) The Judge shall report the proceedings of the Court in each case to the Government in the manner prescribed, and each assessor shall either sign such report or report to the Government the reasons for his dissent.",
"name": "Powers and procedure of Court of Survey",
"related_acts": "",
"section_id": 448
},
{
"act_id": 642,
"details": "446. (1) The Government may make rules to carry out the purposes of this Chapter. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- (a)\tthe procedure before a Court of Survey; (b)\tthe requiring, on an appeal, of security for costs and damages; (c)\tthe amount and application of fees; and (d)\tthe ascertainment, in case of dispute, of the proper amount of costs.",
"name": "Power of Government to make rules with respect to Court of Survey",
"related_acts": "",
"section_id": 449
},
{
"act_id": 642,
"details": "447. (1) If the Government is of opinion that an appeal to a Court of Survey involves a question of construction or design or of scientific difficulty or important principle, it may refer the matter to such one or more out of a list of scientific referees to be, from time to time, prepared by the Government as may appear to possess the special qualifications necessary for the particular case and may be selected by agreement between a person duly appointed by the Government in this behalf and the appellant, or in default of any such agreement by the Government; and thereupon the appeal shall be determined by the referee or referees instead of by the Court of Survey. (2) The Government, if the appellant in any such appeal so requires and gives security to its satisfaction to pay the costs of and incidental to the reference, shall refer such appeal to a referee or referees selected as aforesaid. (3) The referee or referees shall have the same powers as a Judge of the Court of Survey.",
"name": "Reference in difficult cases to scientific persons",
"related_acts": "",
"section_id": 450
},
{
"act_id": 642,
"details": "448. (1) The Government may, by notification in the official Gazette, appoint any person to be a Receiver of Wreck to receive and take possession of wreck and to perform such duties connected therewith as are hereinafter mentioned, within such local limits as may be specified in the notification. (2) A Receiver of Wreck may, by order in writing, direct that all or any of his functions under this Part shall, in such circumstances and subject to such conditions, if any, as may be specified in the order, be discharged by such person as may be so specified, and any person while discharging any such functions shall be deemed to be a Receiver of Wreck for the purposes of this Ordinance.",
"name": "Receivers of Wreck",
"related_acts": "",
"section_id": 451
},
{
"act_id": 642,
"details": "449. (1) Where any vessel is wrecked, stranded or in distress at any place on or near the coasts of Bangladesh including the territorial waters thereof, the Receiver of Wreck within the limits of whose jurisdiction the place is situated shall, upon being informed of the same forthwith proceed there, and upon his arrival shall take command of all persons present and shall assign such duties and give such directions to each person as he thinks fit for the preservation of the vessel and of the lives of the persons belonging to the vessel and of its cargo and equipment: Provided that the Receiver shall not interfere between the master and the crew of the vessel in reference to the management thereof unless he is requested to do so by the master. (2) If any person wilfully disobeys the directions of the Receiver, he shall, for each offence, be punishable with fine which may extend to ten thousand Taka.",
"name": "Duty of Receiver where vessel is in distress",
"related_acts": "",
"section_id": 452
},
{
"act_id": 642,
"details": "450. (1) The Receiver of Wreck may, with a view to the preservation of ship-wrecked persons of the vessel, cargo or equipment,- (a)\trequire such persons as he thinks necessary to assist him; (b)\trequire the master, or other person having the charge, of any vessel near at hand to give such aid with his men or vessel as may be in his power; (c) demand the use of any vehicles or animals that may be near at hand. (2) If any person refuses without reasonable cause to comply with any such requisition or demand, he shall, for each offence, be punishable with fine which may extend to ten thousand Taka.",
"name": "Power of Receiver in case of vessel in distress",
"related_acts": "",
"section_id": 453
},
{
"act_id": 642,
"details": "451. (1) Whenever a vessel is wrecked, stranded or in distress as aforesaid, all persons may, for the purpose of rendering assistance to the vessel, or of saving the lives of the shipwrecked persons, or of saving the cargo or equipment of the vessel, unless there is some public road equally convenient, pass and re-pass, either with or without vehicles or animals, over any adjoining lands without being subject to interruption by the owner or occupier, so that they do as little damage as possible, and may also, on the like condition, deposit on those lands any cargo or other article recovered from the vessel. (2) Any damage sustained by an owner or occupier in consequence of the exercise of the rights given by this section shall be a charge on the vessel, cargo or articles in respect of or by which the damage is occasioned, and the amount payable in respect of the damage shall, in case of dispute, be determined, and shall, in default of payment, be recoverable, in accordance with the provisions of section 468, as in the case of salvage. (3) If the owner or occupier of any land- (a) \timpedes or hinders any person in the exercise of the rights given by this section by locking his gates, or refusing, upon request, to open the same, or otherwise; or (b) \timpedes or hinders the deposit of any cargo or other articles recovered from the vessel as aforesaid on the land; or (c) \tprevents or endeavours to prevent any such cargo or other article from remaining deposited on the land for a reasonable time until it can be removed to a safe place of deposit; he shall, for each offence, be punishable with fine which may extend to ten thousand Taka.",
"name": "Power to pass over adjoining lands",
"related_acts": "",
"section_id": 454
},
{
"act_id": 642,
"details": "452. (1) Whenever a vessel is wrecked, stranded or in distress as aforesaid, and any person plunders, creates disorder or obstructs the preservation of the vessel or of the ship-wrecked persons or of the cargo or equipment of the vessel, the Receiver of Wreck may take such steps and use such force as he may consider necessary for the suppression of any such plundering, disorder or obstruction, and may, for that purpose, command any person to assist him. (2) If any person is killed, maimed, or hurt by reason of his Resisting the Receiver or any person acting under the orders of the Receiver in the execution of his duties under this Chapter, neither the Receiver nor the person acting under his orders shall be liable to any punishment, or to pay any damages by reason of the person being so killed, maimed or hurt.",
"name": "Power of Receiver to suppress, plunder and disorder by force",
"related_acts": "",
"section_id": 455
},
{
"act_id": 642,
"details": "453. (1) Any person finding and taking possession of any wreck within any local limits for which a Receiver of Wreck has been so appointed, or bringing within such limits any wreck which have been found and taken possession of elsewhere, shall, as soon as practicable, (a) \tif he be the owner thereof, give the Receiver of Wreck notice in writing of the finding thereof and of the marks by which such wreck is distinguished; (b) \tif he be not the owner of such wreck, deliver the same to the Receiver of Wreck. (2) Any person who fails to give notice of the finding of, or to deliver, any wreck to the Receiver of Wreck as required by sub section (1) shall be punishable with fine which may extend to twenty thousand Taka, and, in the case of failure to deliver any wreck, shall, in addition to such fine, forfeit all claims to salvage, and pay to the owner of such wreck if the same is claimed, or if the same is unclaimed, to the Government, a penalty not exceeding twice the value of such wreck.",
"name": "Rules to be observed by persons finding wreck",
"related_acts": "",
"section_id": 456
},
{
"act_id": 642,
"details": "454. Whenever any vessel is wrecked, stranded or in distress as aforesaid, the Receiver of Wreck, within the local limits of whose jurisdiction the vessel is wrecked, stranded or in distress, may conduct an investigation into all or any of the following matters, that is to say,- (a) \tthe name and description of the vessel; (b) \tthe names of the master and of the owner of vessel; (c) \tthe names of owners of the cargo; (d) \tthe ports from and to which the vessel was bound; (e) \tthe occasion of the wrecking, stranding or distress of the Vessel; (f) \tthe services rendered; and (g) \tsuch other matters or circumstances relating to the vessel, the cargo or equipment, as the Receiver thinks necessary. (2) The Receiver conducting an investigation under this section shall have all such powers as are specified in sub-section (3) of section 416. (3) A record shall be kept of the investigation conducted and the Receiver shall, immediately after the conclusion of investigation, send to the Government a report relating thereto.",
"name": "Investigation of certain matters in respect of vessels wrecked, etc.",
"related_acts": "",
"section_id": 457
},
{
"act_id": 642,
"details": "455. (1) Where a vessel is wrecked, stranded or in distress at any place on or near the coasts of Bangladesh, including the territorial waters thereof, any cargo or other articles belonging to or separated from the vessel, which may be washed on shore or otherwise lost or taken from the vessel shall be delivered to the Receiver of Wreck. (2) If any person, whether the owner or not, secrets or keeps possession of any such cargo or article, or refuses to deliver the same to the Receiver or any person authorised by him to demand the same, he shall, for each offence be punishable with fine which may extend to twenty thousand Taka. (3) The Receiver or any person authorised as aforesaid may take any such cargo or article by force from the person so refusing to deliver the same.",
"name": "Penalty for taking wreck at time of casualty",
"related_acts": "",
"section_id": 458
},
{
"act_id": 642,
"details": "456. If any person takes into any foreign port any vessel, stranded, derelict, or otherwise in distress, found on or near the coasts of Bangladesh, including the territorial waters thereof, or any part of the cargo or equipment of the vessel, or anything belonging thereto, or any wreck found within those limits, without the permission in writing of the Government, he shall be punishable with imprisonment for a term which may extend to five years but shall not be less than three years, and with fine which may extend to twice the value of the vessel, cargo, equipment or wreck, as the case may be.",
"name": "Taking wreck to foreign port",
"related_acts": "",
"section_id": 459
},
{
"act_id": 642,
"details": "457. The Receiver of Wreck shall, as soon as may be after taking possession of any wreck, publish a notification, in such manner and at such place as the Government may, by general or special order, direct, containing a description of the wreck and the time at which and the place where the same was found",
"name": "Notice to be given by Receiver",
"related_acts": "",
"section_id": 460
},
{
"act_id": 642,
"details": "458. A Receiver of Wreck may at any time sell any wreck in his custody if in his opinion- (a)\tit is under the value of one thousand Taka, or (b)\tit is so much damaged or of so perishable a nature that it cannot with advantage be kept, or (c)\tit is not of sufficient value for warehousing, and the proceeds of the sale shall, after defraying the expenses thereof, be held by the Receiver for the same purposes and subject to the same claims, rights and liabilities as if the wreck had remained unsold.",
"name": "Immediate sale of wreck by Receiver in certain cases",
"related_acts": "",
"section_id": 461
},
{
"act_id": 642,
"details": "459. Where any vessel is sunk, stranded or abandoned in any harbour or tidal water under the control of a harbour or conservancy authority, or in or near any approach thereto, in such manner as, in the opinion of the authority, to be, or be likely to become, an obstruction or danger to navigation, that authority may- (a) \ttake possession of, and raise, remove or destroy the whole or any part of the vessel; (b) \tlight or buoy any such vessel or part until the raising, removal or destruction thereof; and (c) \tsell, in such manner as it thinks fit, any vessel or part so raised or removed or and also any other property, recovered by it in the course of the exercise of its powers under this section, and out of the proceeds of the sale, reimburse itself for the expenses incurred by it in relation thereto under this section, and the authority shall hold the surplus, if any, of the proceeds in trust for the persons entitled thereto; and if the proceeds of such sale are less than the expenses so incurred, the owners of the vessel at the time of the casualty or immediately before abandonment shall be liable to pay to the harbour or conservancy authority the amount by which the proceeds may fall short to meet the expenses incurred: Provided that a sale shall not, except in the case of property which is of a perishable nature or which would deteriorate in value by delay, be made under this section until at least seven clear days' notice of the intended sale has been given by advertisement in some newspaper circulating in or near the area over which the authority has control: Provided further that, at any time before any property is sold under this section, the owner thereof shall be entitled to have the same delivered to him on payment to the authority of the expenses incurred by the authority, to be ascertained by agreement between the authority and the owner, or failing agreement, by some person to be named for the purpose by the Government.",
"name": "Removal of wreck by harbour or conservancy authority",
"related_acts": "",
"section_id": 462
},
{
"act_id": 642,
"details": "460. (1) The owner of any wreck in the possession of the Receiver of Wreck upon establishing his claim to the same to the satisfaction of the Receiver within six months from the time at which the wreck came into the possession of the Receiver shall, upon paying the salvage and other charges, be entitled to have the wreck or the proceeds thereof delivered to him. (2) Where any articles belonging to or forming part of a vessel, other than a Bangladesh ship, which has been wrecked on or near the coasts of Bangladesh or belonging to and forming part of the cargo of such vessel, are found on or near the coasts of Bangladesh or are brought into any port or place in Bangladesh, the Consular Officer of the country in which the vessel is registered or, in the case of cargo, the country to which the owners of the cargo may have belonged to, shall, in the absence of the owner and of the master or other agent of the owner, be deemed to be the agent of the owner, with respect to the custody and disposal of the articles. (3) Where the owner of the wreck does not appear and claim the balance of the proceeds of sale within six months from the date of sale, the said balance shall vest in the Government.",
"name": "Claims of owners to wreck",
"related_acts": "",
"section_id": 463
},
{
"act_id": 642,
"details": "461. (1) A person shall not, without the leave of the master, board or endeavour to board any vessel which is wrecked, stranded or in distress, unless that person is, or acts by command of, the Receiver of Wreck or a person lawfully acting as such, and if he does so, shall be liable to be removed from the vessel or repelled by the master of the vessel by force. (2) A person shall not- (a) \timpede or hinder, or endeavour in any way to impede or hinder, the saving of any vessel stranded or in danger of being stranded, or otherwise in distress on or near the coasts of Bangladesh, including the territorial waters thereof, or of any part of the cargo or equipment of the vessel, or of any wreck; (b) \tsecret any wreck, or deface obliterate any marks thereon; or (c) \twrongfully carry away or remove any part of a vessel stranded or in danger of being stranded, or otherwise in distress, on or near such coasts or within those waters, or any part of the cargo or equipment of the vessel, or any wreck. (3) If any person acts in contravention of this section, he shall, for each offence, be punishable with fine which may extend to twenty thousand Taka, and which may be imposed in addition to any other punishment to which he may otherwise be liable.",
"name": "Interfering with wrecked vessel or wreck",
"related_acts": "",
"section_id": 464
},
{
"act_id": 642,
"details": "462. Where a Receiver of Wreck suspects or receives information that any wreck is secreted or is in the possession of some person who is not the owner thereof, or that any wreck is otherwise improperly dealt with, he may apply to the nearest Magistrate for a search warrant, and that Magistrate shall have power to grant such warrant, and the Receiver of Wreck by virtue thereof may enter any house or other place wherever situated and also any vessel and search for, seize and detain any such wreck there found.",
"name": "Search warrants where wreck is concealed",
"related_acts": "",
"section_id": 465
},
{
"act_id": 642,
"details": "463. The right to all unclaimed wrecks found anywhere in Bangladesh vests in the Government, except where it has granted to any other person the right thereto.",
"name": "Right of Government to unclaimed wreck",
"related_acts": "",
"section_id": 466
},
{
"act_id": 642,
"details": "464. (1) Where any person, is entitled for his own use to unclaimed wreck found in any place within the jurisdiction of a Receiver of Wreck, he shall deliver to the Receiver a statement containing the Particulars of his title, and an address to which notices may be sent. (2) When a statement has been so delivered and the title proved to the satisfaction of the Receiver, the Receiver shall, on taking possession of any wreck found in a place to which the statement refers, send, within forty eight hours, to the address delivered a description of the wreck and of any marks by which it is distinguished.",
"name": "Notice of unclaimed wreck to be given to persons entitled",
"related_acts": "",
"section_id": 467
},
{
"act_id": 642,
"details": "465. Where no owner established a claim to any wreck found in Bangladesh and in the possession of a Receiver of Wreck within six months after it came into his possession, the wreck shall be dealt with as follows, that is to say,- (a) \tif the wreck is claimed by any person who has delivered a statement under section 464, to the Receiver and has proved to the satisfaction of the Receiver his title to receive unclaimed wreck found in the place where that wreck was found, the wreck, after payment of all expenses, costs, fees, and salvage due in respect thereof, shall be delivered to him; (b) \tif the wreck is not claimed by any such person as aforesaid, the Receiver shall sell the same and shall pay to the Government the proceeds of the sale, after deduction therefrom, the expenses of the sale, and any other expenses incurred by him, and his fees, and paying thereout to the salvers such amount of salvage as the Government may in each case, or by any general rule, determine.",
"name": "Disposal of unclaimed wreck",
"related_acts": "",
"section_id": 468
},
{
"act_id": 642,
"details": "466. (1) Where any dispute arises between any person who has delivered a statement under section 464, and the Receiver of Wreck respecting title to wreck found in any place, or where more persons than one claim title to that wreck and a dispute arises between them as to that title, that dispute may be referred and determined in the same manner as if it were a dispute as to salvage to be determined summarily under this part. (2) If any party to the dispute is unwilling to have the same so referred or, where it is so referred, is dissatisfied with the decision, he may, within three months after the expiration of six months from the time when the wreck has come into the Receiver's hands or from the date of the decisions, as the case may be, take proceedings in any Court having jurisdiction in the matter for establishing his title.",
"name": "Disputed title to unclaimed wreck",
"related_acts": "",
"section_id": 469
},
{
"act_id": 642,
"details": "467. Upon delivery of wreck or payment of the proceeds of sale of wreck by a Receiver of Wreck, in pursuance of the provisions of this Chapter, the Receiver shall be discharged from all liability in respect thereof, but delivery shall not prejudice or affect any question which may be raised by third parties concerning the right or title to the wreck, or concerning the title to the soil of the place on which the wreck was found.",
"name": "Delivery of unclaimed wreck by Receivers not to prejudice title",
"related_acts": "",
"section_id": 470
},
{
"act_id": 642,
"details": "468. (1) Where services are rendered- (a) \twholly or in part within the territorial waters of Bangladesh in saving life from any Bangladesh ship, or a sailing or fishing vessel registered in Bangladesh; or (b) \tin assisting a vessel or saving the cargo or equipment of a vessel which is wrecked, stranded or in distress at any place on or near the coasts of Bangladesh, including the territorial waters thereof; or (c) \tby any person other than the Receiver of Wreck in saving any wreck, there shall be payable to the salvor by the owner of the vessel, cargo, equipment or wreck, a reasonable sum for salvage having regard to all the circumstances of the case. (2) Salvage in respect of the preservation of life when payable by the owner of the vessel shall be payable in priority to all other claims for salvage. (3) Where salvage services are rendered by or on behalf of the Government or by a vessel of the Bangladesh Navy or the commander or crew of any such vessel, the Government, the commander or the crew, as the case may be, shall be entitled to salvage and shall have the same rights and remedies in respect of those services as any other salvor. (4) Any dispute arising concerning the amount payable for salvage under this section shall be determined upon application made by any of the parties to the dispute- (a) to the District Judge, where the amount claimed does not exceed one lakh Taka; or (b) to the High Court Division, where the amount claimed exceeds one lakh Taka. (5) Where there is any dispute as to the persons who are entitled to the payment for salvage under this section, the District Judge or the High Court Division, as the case may be, shall decide the dispute, and if there are more persons than one entitled to such payment, the District Judge or the High Court Division shall apportion the amount payable among such persons. (6) The costs of, and incidental to, all proceedings before the District Judge or the High Court Division under this section shall be in the discretion of the District Judge or the High Court Division; and the District Judge or the High Court Division 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 purpose aforesaid.",
"name": "Salvage payable for saving life, cargo or wreck",
"related_acts": "",
"section_id": 471
},
{
"act_id": 642,
"details": "469. Nothing in this Part shall- (a) \taffect any treaty or arrangement with any foreign country to which Bangladesh is a party with reference to the disposal of the proceeds of wrecks on their respective coasts; or (b) \taffect the provisions of section 29 of the Ports Act, 1908 (XV of 1908), or entitle any person to salvage in respect of any property recovered by creeping or sweeping in contravention of that section.",
"name": "Savings",
"related_acts": "89",
"section_id": 472
},
{
"act_id": 642,
"details": "470. (1) The Government may, by notification in the official Gazette, make rules to carry out the purposes of this Part. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- (a) \tthe procedure to be followed by a Receiver of Wreck in respect of the taking possession of wrecks and their disposal; (b) \tthe fees payable to a Receiver of Wreck in respect of the work done by him; (c) \tthe procedure to be followed for dealing with claims relating to ownership of wrecks; (d) \tthe appointment of valuers in salvage cases; (e) \tthe principles to be followed in awarding salvage, and the apportioning of salvage; (f) \tthe procedure to be followed for dealing with claims for salvage; (g) \tthe detention of property in the custody of a Receiver of Wreck for the purpose of enforcing payment of salvage; and (h) \tany other matter which is to be or may be prescribed.",
"name": "Power to make rules respecting wreck and salvage",
"related_acts": "",
"section_id": 473
},
{
"act_id": 642,
"details": "471. (1) If any loss of life or personal injury to any person, or any loss of, or damage to, any property or rights of any kind, whether movable or immovable, is caused without the actual fault or privity of the owner of a ship, whether a Bangladesh ship or not, the owner shall not- (a) \tif no claim for damages in respect of loss of, or damage to, property or rights arises, be liable for damages in respect of loss of life or personal injury to an aggregate amount exceeding five thousand Taka for each ton of the ship's tonnage; or (b) \tif no claim for damages in respect of loss of life or personal injury arises, be liable for damages in respect of loss of, or damage to, property or rights to an aggregate amount exceeding fifteen hundred Taka for each ton of the ship's tonnage; or (c) \tif claims for damages in respect of loss of life or personal injury and also claims for damages in respect of loss of, or damage to, property or rights arise, be liable for damages to an aggregate amount exceeding five thousand Taka for each ton of the ship's tonnage: Provided that, in a case referred to in clause (c), claims for damages in respect of loss of life or personal injury shall, to the extent of an aggregate amount of fifteen hundred Taka for each ton of the ship's tonnage, have priority over claims for damages in respect of loss of, or damage to, property or rights, and, as regards the balance of the aggregate amount of five thousand Taka for each ton of the ship's tonnage, the unsatisfied portion of the first mentioned claims shall rank pari passu with the last mentioned claims. (2) The provisions of this section shall extend and apply to the owners, builders or other persons interested in any ship built at any port or place in Bangladesh, from and including the launching of such ship until the registration thereof under the provisions of this Ordinance. (3) The limits set by sub section (1) to the liabilities mentioned therein shall apply to the aggregate of such liabilities which are incurred on any distinct occasion, and shall so apply in respect of each distinct occasion without regard to any liability incurred on any other occasion. (4) For the purposes of this section, a ship's tonnage shall be the gross tonnage of the ship.",
"name": "Limitation of liability of owner for damage",
"related_acts": "",
"section_id": 474
},
{
"act_id": 642,
"details": "472. Where any liability is alleged to have been incurred by the owner of a ship, whether a Bangladesh ship or not, in respect of any occurrence for which his liability is limited under section 471 and several claims are made or apprehended in respect of that liability, the Supreme Court, on an application made in this behalf by the owner, may- (a) \tdetermine the amount of the owner's liability, (b) \tdistribute that amount rateably among the several claimants, (c) \tstay any proceedings pending in any other Court in relation to the same matters, and (d) \tproceed in such manner and procedure as the Supreme Court may deem fit as to- (i)\tmaking persons interested parties to the proceedings, (ii)\tthe exclusion of any claimants who do not come in within a certain time, (iii)\tthe requiring security from the owner, and (iv)\tthe payment of costs.",
"name": "Power of Supreme Court to consolidate claims against owners, etc.",
"related_acts": "",
"section_id": 475
},
{
"act_id": 642,
"details": "473. All sums paid for or on account of any loss or damage in respect whereof the liability of owners is limited under the provisions of this Chapter, and all costs incurred in relation thereto, may be brought into account among part owners of the same ship in the same manner as money disbursed for the use thereof.",
"name": "Part owner to account in respect of damages",
"related_acts": "",
"section_id": 476
},
{
"act_id": 642,
"details": "474. An insurance effected against the happening without the owners' actual fault or privity, if any, or all of the events in respect of which the liability of owners is limited under this Chapter shall not be invalid by reason of the nature of the risk.",
"name": "Insurance of certain risks not invalid",
"related_acts": "",
"section_id": 477
},
{
"act_id": 642,
"details": "475. In any proceeding under this Chapter against the owner of a ship with respect to loss of life, the passenger lists under Part V shall be received as evidence that the person upon whose death proceedings are taken under this Chapter was a passenger on board the ship at the time of death.",
"name": "Proof of Passengers on board ship",
"related_acts": "",
"section_id": 478
},
{
"act_id": 642,
"details": "476. For the purposes of this Chapter “owner” shall include the charterer, manager and operator of the ships,",
"name": "Definition of owner",
"related_acts": "",
"section_id": 479
},
{
"act_id": 642,
"details": "477. (1) Seaman shall have a lien on the ship, and shall not by any agreement forfeit his lien on the ship, or be deprived of any remedy for the recovery of his wages to which in the absence of the agreement he would be entitled, and shall not by any agreement abandon his right to wages in case of the loss of the ship or abandon any right that he may have or obtain in the nature of salvage, and every stipulation in any agreement inconsistent with any provisions of this Ordinance shall be void. (2) Nothing in this section shall apply to a stipulation made by the seamen belonging to any ship which, according to the terms of the agreement, is to be employed on salvage service with respect of the remuneration to be paid to them for such service to be rendered by that ship to any other ship.",
"name": "Seaman’s lien for wages, etc.",
"related_acts": "",
"section_id": 480
},
{
"act_id": 642,
"details": "478. (1) The master of a ship shall, so far as the case permits, have the same rights, liens, and remedies for the recovery of his wages as a seaman has under this Ordinance or by any law or custom. (2) The master of a ship, and every person lawfully acting as master of a ship by reason of the decease or incapacity from illness of the master of the ship, shall, so far as the case permits, have the same rights, liens and remedies for the recovery of disbursements or liabilities properly made or incurred by him on account of the ship as the master has for the recovery of his wages. (3) If in any proceeding in any Court having jurisdiction touching the claim of a master in respect of wages, or of such disbursements, or liabilities as aforesaid, any right or set off or counter claim is set up, the Court may enter into and adjudicate upon all questions, and settle all accounts then arising or outstanding and unsettled between the parties to the proceeding, and may direct payment of any balance found to be due.",
"name": "Master’s lien.",
"related_acts": "",
"section_id": 481
},
{
"act_id": 642,
"details": "479. The seaman's lien under section 477 shall have precedence over all other liens or charges on the ship, and the master's lien under section 478 shall have precedence likewise except over that of a seaman.",
"name": "Priorities",
"related_acts": "",
"section_id": 482
},
{
"act_id": 642,
"details": "480. The following persons shall be deemed to be public servants within the meaning of section 21 of the Penal Code (Act XLV of 1860), namely:- (a) \tevery Director General of Shipping, Director of Shipping, Principal Officer, Surveyor, Shipping Master, Radio Inspector, Registrar and Shipping Authority appointed under this Ordinance; (b) \tevery person appointed under section 81 for the purpose of examining the qualifications of persons desirous of obtaining Certificates of Competency under this Ordinance; (c) \tevery person appointed under this Ordinance to report information as to shipping casualties; (d) \tevery Judge, assessor, scientific referee or other person acting under part X; (e) \tevery person authorised under this Ordinance to make inquiry or investigation under Part X; (f) \tevery person directed to make an investigation into an explosion or fire on board ship under section 426; (g) \tevery Presiding Officer and member of a Marine Board convened under section 428; (h) \tevery Receiver of Wreck, and all persons whom he calls to his aid; (i)\tevery other officer or person appointed under this Ordinance to perform any functions thereunder.",
"name": "Certain persons to be deemed public servants",
"related_acts": "",
"section_id": 483
},
{
"act_id": 642,
"details": "481. (1) No Court inferior to that of a Magistrate of the first class shall try any offence under this Ordinance or any rule or regulation made thereunder. (2) No Court shall take cognizance of an offence under this Ordinance or any rule or regulation made thereunder except upon a report made by an officer authorised by the Government in this behalf.",
"name": "Jurisdiction of Magistrates",
"related_acts": "",
"section_id": 484
},
{
"act_id": 642,
"details": "482. Any person committing any offence under this Ordinance or any rule or regulation made thereunder may be tried for the offence in any place in which he may be found, or which the Government may by notification in the official Gazette, direct in this behalf, or in any other place in which he might be tried under any other law for the time being in force.",
"name": "Place of trial of the offender",
"related_acts": "",
"section_id": 485
},
{
"act_id": 642,
"details": "483. The penalties to which masters and owners of Special Trade Passenger Ship are liable under Part V shall be enforced only on information laid at the instance of the Certifying Officer, or, at any port or place where there is no such officer, at the instance of such other officer as the Government may specify in this behalf.",
"name": "Enforcement of penalties in certain cases",
"related_acts": "",
"section_id": 486
},
{
"act_id": 642,
"details": "484. Notwithstanding anything contained in section 32 of the Code of Criminal Procedure, 1898 (Act V of 1898), a Magistrate of the first class may pass any sentence authorised by or under this Ordinance any person convicted of an offence under this Ordinance or rule or regulation made thereunder.",
"name": "Special provision regarding punishment",
"related_acts": "75",
"section_id": 487
},
{
"act_id": 642,
"details": "485. (1) If the person committing an offence under this Ordinance 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 in this sub section shall render any such person liable to any punishment under this Ordinance, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub section (1), where an offence under this Ordinance has been committed by a company, and it is proved that the offence was committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, partner, manager, secretary or other officer of the company, such director, partner, 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.",
"name": "Offences by companies, etc.",
"related_acts": "",
"section_id": 488
},
{
"act_id": 642,
"details": "486. (1) Whenever, in the course of any legal proceeding under this Ordinance instituted at any place in Bangladesh before any Court of Magistrate or before any person authorised by law or by consent of parties to receive evidence, the testimony of any witness is required in relation to the subject matter, and the defendant or the person accused, as the case may be, after being allowed a reasonable opportunity for so doing, does not produce the witness before the Court, Magistrate or person so authorised, any deposition previously made by the witness in relation to the same subject matter before any Court, Judge or Magistrate in Bangladesh, or, if elsewhere, before a Marine Board or before any Bangladesh Consular Officer, shall be admissible in evidence- (a) \tif the deposition is authenticated by the signature of the Presiding Officer of the Court or the Judge or Magistrate or of the Presiding Officer of the Marine Board or of the Consular Officer, before whom it is made; (b) \tif the defendant or the person accused had an opportunity by himself or his agent of cross examination of the witness; and (c) \twhere the proceeding is criminal, if it is proved that the deposition was made in the presence of the person accused. (2) It shall not be necessary in any case to prove the signature or official character of the person appearing to have signed such deposition; and a certificate by such person that the defendant or the person accused had an opportunity of cross examining the witness, and that the deposition, if made in a criminal proceeding, was made in the presence of the person accused, shall, unless the contrary proved, be sufficient evidence that he had that opportunity and that it was so made",
"name": "Depositions to be received in evidence when witness cannot be produced",
"related_acts": "",
"section_id": 489
},
{
"act_id": 642,
"details": "487. (1) Whenever, in any proceeding against any seaman or apprentice belonging to any ship for the offence of desertion, or absence without leave, it is alleged by one fourth, or if their number exceeds twenty by not less than five, of the seamen belonging to the ship, that the ship is by reason of un-seaworthiness, over loading, improper loading, defective equipment, or for any other reason, not in a fit condition to having cognizance of the case shall take such means as may be in its power to proceed to sea, or that the accommodation in the ship is insufficient, the Court having cognizance of the case shall take such means as may be in its power to satisfy itself concerning the truth or untruth of the allegation, and shall for that purpose receive the evidence of the persons making the same, and may summon any other witness whose evidence it may think is desirable to hear, and shall, if satisfied that the allegation is groundless, adjudicate in the case, but if not so satisfied shall, before adjudication, cause the ship to be surveyed. (2) A seaman or apprentice charged with desertion, or with absence without leave, shall not have any right to apply for a survey under this section unless he has before deserting or absenting himself without leave complained to the master of the circumstances so alleged in justification. (3) For the purposes of this section, the Court shall require any Surveyor or, if such Surveyor cannot be obtained without unreasonable expense or delay, then any other competent person appointed by the Court and having no interest in the ship, her freight, or cargo, to survey the ship, and to answer any question concerning her which the Court thinks fit to put. (4) Such Surveyor or other person shall survey the ship, and make his written report to the Court, including an answer to every question put to him by the Court, and the Court shall cause the report to be communicated to the parties and unless the opinions expressed in the report are proved to the satisfaction of the Court to be erroneous, shall determine the questions before it in accordance with those opinions. (5) Any person making a survey under this section shall for the purposes thereof have all such powers as are specified in sub section (3) of section 416. (6) The costs, if any, of the survey shall be determined in accordance with the scale of fees fixed by the Government, by notification in the official Gazette, in this behalf. (7) If it is proved that the ship is in a fit condition to proceed to sea, or that the accommodation is sufficient, as the case may be, the costs of the survey shall be paid by the person upon whose demand or in consequence of whose allegation the survey was made, and may be deducted by the master or owner out of the wages due or to become due to that person, and shall be paid over to the Government. (8) If it is proved that the ship is not in a fit condition to proceed to sea, or that the accommodation is insufficient, as the case may be, the master or owner of the ship shall pay the cost of the survey to the Government, and shall also be liable to pay to the seaman or apprentice who has been detained in consequence of the said proceeding before the Court under this section such compensation for his detention as the Court awards.",
"name": "Procedure in certain allegations in desertion cases",
"related_acts": "",
"section_id": 490
},
{
"act_id": 642,
"details": "488. Where any area within which any Court or Magistrate has jurisdiction, either under this Ordinance or under any other law for any purpose whatever, is situated on the coast of any sea, or abutting on or projecting into any bay, channel, lake, river, or other navigable water, every such Court or Magistrate shall have jurisdiction over any vessel being on, or lying or passing off, that coast, or being in or near that bay, channel, lake, river, or navigable water, and over all persons on board that vessel or for the time being belonging thereto, in the same manner as if the vessel or persons were within the limits of the original jurisdiction of the Court of Magistrate.",
"name": "Jurisdiction over ships lying off the coasts",
"related_acts": "",
"section_id": 491
},
{
"act_id": 642,
"details": "489. Where any person, being a citizen of Bangladesh, is charged with having committed any offence on board any Bangladesh ship on the high seas, or in any foreign port or harbour, or on board any ship other than a Bangladesh ship to which he does not belong, or, not being a citizen of Bangladesh, is charged with having committed any offence on board any Bangladesh ship on the high seas, and that person is found within the jurisdiction of any Court or Magistrate which would have had jurisdiction to take cognizance of the offence if it had been committed on board a Bangladesh ship within the limits of its or his ordinary jurisdiction, that Court or Magistrate shall have jurisdiction to try the offence as if it had been so committed",
"name": "Jurisdiction in case of offences on board ships",
"related_acts": "",
"section_id": 492
},
{
"act_id": 642,
"details": "490. (1) Whenever any damage has in any part of the world been caused to property belonging to the Government, or to any citizen of Bangladesh or a company, by a ship other than a Bangladesh ship, and at any time thereafter that ship is found in any port or place in Bangladesh including the territorial waters thereof, the Supreme Court may, upon the application of any person who alleges that the damage was caused by the misconduct or want of skill of the master or any member of the crew of the ship, issue an order directed to any Principal Officer, Collector of Customs, or other person named in the order, requiring him to detain the ship until such time as the owner, master or agent thereof has satisfied any claim in respect of the damage, or has given security to the satisfaction of the Supreme Court to pay all costs and damages that may be awarded in any legal proceedings that may be instituted in respect of the damage, and the officer or person to whom the order is directed shall detain the ship accordingly. (2) Whenever it appears that, before an application can be made under this section, the ship in respect of which the application is to be made will have departed from Bangladesh or the territorial waters thereof, any Principal Officer or Collector of Customs may detain the ship for such time as to allow the application to be made and the result thereof to be communicated to the officer detaining the ship, and that officer shall not be liable for any costs or damages in respect of the detention unless the same is proved to have been made without reasonable grounds. (3) In any legal proceedings in relation to any such damage as aforesaid, the person giving security shall be made a defendant and shall, for the purpose of such proceedings, be deemed to be the owner of the ship that has occasioned the damage.",
"name": "Power to detain foreign ship that has occasioned damage",
"related_acts": "",
"section_id": 493
},
{
"act_id": 642,
"details": "491. (1) Where under this Ordinance a ship is authorised or ordered to be detained, any commissioned officer of the Bangladesh Navy, or any Principal Officer, Pilot or Collector of Customs may detain the ship. (2) If any ship after detention, or after service on the master of any notice of, or order for, such detention, proceeds to sea before she is released by competent authority, the master of the ship shall be punishable with fine which may extend to one lakh Taka. (3) If a ship so proceeding takes to sea, when any person authorised under this Ordinance to detain or survey the ship is on board thereof in the execution of his duty, the owner, master or agent of such ship shall each be liable to pay all expenses of, and incidental to, such person being so taken to sea, and shall also be punishable with imprisonment for a term which may extend to six months or with fine which may extend to twenty thousand Taka, or with both. (4) When any owner, master or agent is convicted of an offence under sub-section (3), the Magistrate convicting him may inquire into and determine the amount payable on account of expenses by such owner, master or agent under that sub section, and may direct that the same shall be recovered from him in the manner provided for the recovery of fines.",
"name": "Enforcing detention of ship",
"related_acts": "",
"section_id": 494
},
{
"act_id": 642,
"details": "492. When an order under this Ordinance for the payment of any wages or other money is made by a Shipping Master or a Magistrate or other officer or authority, and the money is not paid at the time or in the manner directed, the sum mentioned in the order, with such further sum as may be thereby awarded for costs, may, under a warrant to be issued for that purpose by a Magistrate, be levied by distress and sale of the movable property of the person directed to pay the same.",
"name": "Levy of wages, etc. by distress of movable property",
"related_acts": "",
"section_id": 495
},
{
"act_id": 642,
"details": "493. Where any Court of Magistrate or other officer or authority has power under this Ordinance to make an order directing payment to be made of any seaman's wages, fines or other sums of money, then if the person so directed to pay the same is the master, owner or agent of a ship and the same is not paid at the time or in the manner directed by the order, the Court or Magistrate or officer or authority, as the case may be, may, in addition to any other power it or he may have for the purpose of compelling payment, by warrant, direct the amount remaining unpaid to be levied by distress and sale of the ship and her equipment.",
"name": "Levy of wages, fines, etc. by distress of ship",
"related_acts": "",
"section_id": 496
},
{
"act_id": 642,
"details": "494. If any ship other than a Bangladesh ship is detained under this Ordinance or if any proceedings are taken under this Ordinance against the master, owner or agent of any such ship, notice shall forthwith be served on the Consular Officer of the country in which the ship is registered, at or nearest to the port where the ship is for the time being, and such notice shall specify the grounds on which the ship has been detained or the proceedings have been taken",
"name": "Notice to be given to consular representative of proceedings to be taken in respect of foreign ships",
"related_acts": "",
"section_id": 497
},
{
"act_id": 642,
"details": "495. Where for the purposes of this Ordinance any document is to be served on any person, that document may be served- (a) \tin any case, by delivering a copy thereof personally to the person to be served, or by leaving the same at his last place of abode; (b) \tif the document is to be served on the master of a ship, where there is one, or on a person belonging to a ship, by leaving the same for him on board that ship, with the persons being or appearing to be in command or charge of the ship; and (c) \tif the document is to be served on the master of a ship where there is no master and the ship is in Bangladesh, on the managing owner of the ship, or, if there is no managing owner, on some agent of the owner residing in Bangladesh, or where no such agent is known or can be found, by affixing a copy thereof to the mast of the ship",
"name": "Service of documents",
"related_acts": "",
"section_id": 498
},
{
"act_id": 642,
"details": "496. Where any document is required by this Ordinance to be executed in the presence of or to be attested by any witness or witnesses, that document may be proved by the evidence of any person who is able to bear witness to the requisite facts without calling the attesting witness or the attesting witnesses or any of them.",
"name": "Proof of attestation not required",
"related_acts": "",
"section_id": 499
},
{
"act_id": 642,
"details": "497. A Magistrate imposing a fine under this Ordinance may, if he thinks fit, direct the whole or any part thereof to be applied in compensating any person for any detriment which he may have sustained by the act or default in respect of which fine is imposed or in or towards payment of the expenses of the prosecution.",
"name": "Application of fines",
"related_acts": "",
"section_id": 500
},
{
"act_id": 642,
"details": "498. (1) For the purpose of establishing or aiding institutions for training in the various trades, professions and callings provided for in this Ordinance, there shall be paid, in the prescribed manner, a monthly fee by the owner of every Bangladesh ship at such rate as may be prescribed, not exceeding ten Taka per one hundred tons gross, and different rates may be prescribed for different classes of ships. (2) If any owner fails or refuses to pay such fee, any Principal Officer may detain the ship in respect of which the fee has not been paid in accordance with the provisions of sub section (1) until such time as the fee payable in respect thereof has been duly paid. (3) The Government may, by notification in the official Gazette, make rules providing for- (a) \tthe appointment of a Committee to administer the proceeds of the fees paid or collected under this section; (b) \tthe rates of such fees; (c) \tthe manner in which such fees shall be paid or collected; (d) \tsuch other matter as may be considered necessary for carrying out the purposes of this section.",
"name": "Fee for establishing or aiding training institutions",
"related_acts": "",
"section_id": 501
},
{
"act_id": 642,
"details": "499. (1) If any person dies on board a Bangladesh foreign going ship, the Shipping Master at the port where the crew of the ship is discharged, or the Shipping Master at any earlier port of call in Bangladesh, shall, on the arrival of the ship at that port, inquire into the cause of death, and shall make in the official log book an endorsement to the effect, either the statement of the cause of death in the log-book is in his opinion true, or the contrary, according to the result of the inquiry. (2) If, in the course of any such inquiry, it appears to the Shipping Master that a death has been caused on board the ship by violence or other unlawful act, he shall either report the matter to the Government or, if the emergency of the case so requires, take immediate steps for bringing the offender to trial. (3) For the purposes of an inquiry under this section, the Shipping Master shall have all such powers as are specified in sub section (3) of section 416.",
"name": "Inquiry into cause of death on board of Bangladesh ship",
"related_acts": "",
"section_id": 502
},
{
"act_id": 642,
"details": "500. The Government may appoint competent persons for the purpose of examining the qualifications of persons desirous of practising the profession of ships' Surveyor at any port in Bangladesh, and may make rules- (a) \tfor the conduct of such examination and the qualifications to be required; (b) \tfor the grant of certificate to qualified persons; (c) \tfor the fees to be paid for such examinations and certificates; (d) \tfor holding inquiries into charges of incompetency and misconduct on the part of holders of such certificates; and (e) \tfor the suspension and cancellation of such certificates.",
"name": "Power to appoint examiners and to make rules as to qualifications of Surveyor of ships",
"related_acts": "",
"section_id": 503
},
{
"act_id": 642,
"details": "501. No person shall, in any port in which there is a person practising the profession of a Surveyor of ships and holding a certificate granted under section 500, practice such profession in such port unless he holds a certificate granted under that section: Provided that nothing herein contained shall prevent any person employed by a classification society which, the Government may, by notification in the official Gazette, specify in this behalf, from discharging any of the duties of such employment.",
"name": "No person to practise as Surveyor of ships unless qualified",
"related_acts": "",
"section_id": 504
},
{
"act_id": 642,
"details": "502. Any person practising the profession of a Surveyor of ships in contravention of the provisions of section 501 shall, for each offence, be punishable with fine which may extend to ten thousand Taka, and shall not be entitled to maintain any suit for any fee or reward for anything done by him.",
"name": "Penalty for practising as Surveyor of ships without certificate",
"related_acts": "",
"section_id": 505
},
{
"act_id": 642,
"details": "503. Any Surveyor appointed under section 6 may, in execution of his duties, go on board the ship and inspect the same and every part thereof, and the machinery, equipment and cargo, and may require the unloading or removal of any cargo, ballast or equipment.",
"name": "Powers of Surveyors",
"related_acts": "",
"section_id": 506
},
{
"act_id": 642,
"details": "504. The decision of a Bangladesh Consular Officer on any matter under this Ordinance shall be final, and shall not be called in question in any Court or before any authority, until the ship in respect of, or in relation to which such decision is taken, returns to the final port of discharge in Bangladesh.",
"name": "Decision of Consular Officer to be final until ship returns to final port of discharge in Bangladesh",
"related_acts": "",
"section_id": 507
},
{
"act_id": 642,
"details": "505. If any person hinders or obstructs any Judge, assessor, officer or other person who is empowered by this Ordinance to make any inquiry or, investigation or to board, survey, inspect or detain a ship, or otherwise impedes him in the execution of his duties or the exercise of his powers under this Ordinance, he shall, if no other punishment is provided in this Ordinance for the offence, for each offence, be punishable with fine which may extend to ten thousand Taka.",
"name": "Penalty for hindering or obstructing execution of duties, etc.",
"related_acts": "",
"section_id": 508
},
{
"act_id": 642,
"details": "506. Without prejudice to any power to make rules or regulations contained elsewhere in this Ordinance, the Government may, by notification in the official Gazette, make such rules as it may deem expedient generally to carry out the purposes of this Ordinance and to give effect to the provisions of international conventions adopted by the International Maritime Organisation and accepted by the Government and all rules duly made to give effect to such conventions shall be deemed to form part of this Ordinance and shall have effect accordingly.",
"name": "General power to make rules",
"related_acts": "",
"section_id": 509
},
{
"act_id": 642,
"details": "507. In making a rule or regulation under this Ordinance, the Government may direct that a contravention of the provisions thereof shall, unless a penalty for such contravention has been expressly provided in this Ordinance, be punishable with fine which may extend to five thousand Taka and, if the contravention is a continuing one, with a further fine which may extend to five hundred Taka for everyday after the first during which the contravention continues.",
"name": "Penalty and procedure for breach of rules and regulations",
"related_acts": "",
"section_id": 510
},
{
"act_id": 642,
"details": "508. (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, the Government may, by notification in the official Gazette, appoint one or more officers to try, within such local areas as may be specified therein, an offence of any breach of, or failure to comply with, any rule for the safety of ship or of crew, passengers, goods, mails and other things carried thereon or for preventing ships from endangering other ships, persons or property; and any such officer trying an offence shall, for the purpose of the trial, be deemed to be a Magistrate of the first class appointed under that Code and any proceedings before and any sentence passed by him shall have effect accordingly. (2) An officer appointed under sub section (1) may try an offence triable by him in a summary way in accordance with the provisions of sections 262 to 265 of the Code of Criminal Procedure, 1898 (Act V of 1898). (3) Where an officer has been appointed under sub section (1) to try an offence specified therein, no Court other than such officer shall try that offence.",
"name": "Power to appoint officers to try certain offences, etc.",
"related_acts": "75,75",
"section_id": 511
},
{
"act_id": 642,
"details": "509. (1) For the purpose of advising it when considering the making or alteration of any rules or scales under this Ordinance, the Government may appoint such Committee or Committees as it may deem fit consisting of such persons as it may appoint representing the interests principally affected, or having special knowledge of the subject matter. (2) There shall be paid to the members of any such Committee such travelling and other allowances as the Government may fix.",
"name": "Power to appoint Committees on rules and scales",
"related_acts": "",
"section_id": 512
},
{
"act_id": 642,
"details": "510. Notwithstanding anything contained in this Ordinance, the Government may, upon such conditions, if any, as it may think fit to impose, exempt any ship from any specified requirement contained in, or prescribed in pursuance of, this Ordinance or dispense with the observance of any such requirement in the case of any ship, if it is satisfied that requirement has been substantially complied with or that compliance with the requirement is unnecessary in the circumstances of the case.",
"name": "Power to exempt ships from the provisions of the Ordinance",
"related_acts": "",
"section_id": 513
},
{
"act_id": 642,
"details": "511. No suit or other legal proceedings shall lie against any person for anything in good faith done or intended to be done under this Ordinance.",
"name": "Indemnity",
"related_acts": "",
"section_id": 514
},
{
"act_id": 642,
"details": "512. (1) Subject to the provisions of sub section (2), the Bangladesh laws specified in Part I of the Schedule and, in so far as they apply to, and operate as part of the laws of Bangladesh or any part thereof, the Acts of the Parliament of the United Kingdom specified in Part II of that Schedule, shall stand repealed upon the coming into force of all the provisions of this Ordinance. (2) Where different provisions of this Ordinance are brought into force on different dates, only so much of the aforesaid Bangladesh laws and Acts as may correspond to the provisions so brought into force shall stand repealed upon the coming into force of such provisions.",
"name": "Repeals",
"related_acts": "",
"section_id": 515
},
{
"act_id": 642,
"details": "513. Notwithstanding the repeal of any law by section 512, and without prejudice to section 24 of the General Clauses Act, 1897 (Act X of 1897),- (a) \tany notification, rule, regulation, bye law, order or exemption issued, made or granted under any such law shall have effect as if it had been issued, made or granted under the corresponding provision of this Ordinance; (b) \tany officer appointed and any body elected or constituted under any such law shall continue and shall be deemed to have been appointed, elected or constituted, as the case may be, under the corresponding provision of this Ordinance; (c) \tany document referring to any such law shall be, construed as referring, as far as may be, to this Ordinance or to the corresponding provision of this Ordinance; (d) \tmortgages of ships recorded in any Register Book maintained at any port in Bangladesh under any such law shall be deemed to have been recorded in the Register Book maintained under the corresponding provision of this Ordinance; and (e) \tany licence, certificate or document issued, granted or made under any such law and in force on the coming into force of this Ordinance, or of any specified provision thereof, shall continue in force and be deemed to have been issued, granted or made under the corresponding provision of this Ordinance.",
"name": "Savings",
"related_acts": "73",
"section_id": 516
}
],
"text": "An Ordinance to consolidate and amend the law relating to merchant shipping and to provide for matters connected therewith. WHEREAS it is expedient to consolidate and amend the law relating to merchant shipping and to provide for matters connected therewith; NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the Chief Martial Law Administrator is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 644,
"lower_text": [
"1 Clause (a) was omitted by section 2 of the Bangladesh Irrigation Water Rate (Amendment) Act, 1990 (Act No. XXXIV of 1990)",
"2 Clause (e) was omitted by section 2 of the Bangladesh Irrigation Water Rate (Amendment) Act, 1990 (Act No. XXXIV of 1990)",
"3 Sub-section (1) was substituted by section 3 of the Bangladesh Irrigation Water Rate (Amendment) Act, 1990 (Act No. XXXIV of 1990)",
"4 Clause (b) was substituted by section 3 of the Bangladesh Irrigation Water Rate (Amendment) Act, 1990 (Act No. XXXIV of 1990)",
"5 Section 5 was substituted by section 4 of the Bangladesh Irrigation Water Rate (Amendment) Act, 1990 (Act No. XXXIV of 1990)",
"6 Section 6 was substituted by section 5 of the Bangladesh Irrigation Water Rate (Amendment) Act, 1990 (Act No. XXXIV of 1990)",
"7 Section 7 was substituted by section 6 of the Bangladesh Irrigation Water Rate (Amendment) Act, 1990 (Act No. XXXIV of 1990)",
"8 The words “financial year” was substituted for the words “crops season” by section 7 of the Bangladesh Irrigation Water Rate (Amendment) Act, 1990 (Act No. XXXIV of 1990)",
"9 Clause (b) was omitted by section 8 of the Bangladesh Irrigation Water Rate (Amendment) Act, 1990 (Act No. XXXIV of 1990)",
"10 Clause (d) was omitted by section 8 of the Bangladesh Irrigation Water Rate (Amendment) Act, 1990 (Act No. XXXIV of 1990)",
"11 Clause (f) was omitted by section 8 of the Bangladesh Irrigation Water Rate (Amendment) Act, 1990 (Act No. XXXIV of 1990)"
],
"name": "The Bangladesh Irrigation Water Rate Ordinance, 1983",
"num_of_sections": 16,
"published_date": "10th July, 1983",
"related_act": [
320,
644
],
"repelled": false,
"sections": [
{
"act_id": 644,
"details": "1. (1) This Ordinance may be called the Bangladesh Irrigation Water Rate Ordinance, 1983. (2) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint.",
"name": "Short title and commencement",
"related_acts": "644",
"section_id": 1
},
{
"act_id": 644,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- 1* * * (b)\t“Board” means the Bangladesh Water Development Board constituted by the Bangladesh Water and Power Development Boards Order, 1972 (P.O. No. 59 of 1972);\t(c)\t“canal” means any canal, channel, including field channel, plot channel and intake channel, river, stream, water course, reservoir, pump or tube well constructed, installed, maintained or controlled by the Government or by the Board or by the Corporation for supply, regulation or storage of water for the purpose of irrigation or drainage, and includes any work, embankment, structure, supply or escape channel connected with any such canal, channel or reservoir, and any land on the bank of any canal as defined in this clause; (d)\t“Corporation” means the Bangladesh Agricultural Development Corporation established under the Bangladesh Agricultural Development Corporation Ordinance, 1961 (E.P. Ord. XXXVII of 1961); 2* * * (f)\t“Deputy Commissioner” means the Deputy Commissioner of a district and includes such other officer of the Government or such officer of the Board or of the Corporation as may be empowered by the Government to perform all or any of the functions of a Deputy Commissioner under this Ordinance; (g)\t“prescribed” means prescribed by rules made under this Ordinance; and (h)\t “Water rate” means the water rate payable under this Ordinance.",
"name": "Definitions",
"related_acts": "320",
"section_id": 2
},
{
"act_id": 644,
"details": "3. The provisions of this Ordinance shall have effect notwithstanding anything to the contrary contained in any other law or in any contract for the time being in force.",
"name": "Ordinance to override other laws",
"related_acts": "",
"section_id": 3
},
{
"act_id": 644,
"details": "4. 3(1) Whenever the Government is of opinion that lands within any area are benefitted or are likely to be benefitted by water supplied or regulated by the Government or by the Board or by the Corporation through any canal during any financial year, the Government may, by notification, declare its intention to impose in such area, hereinafter referred to as the notified area, a water rate for such financial year. (2) On the publication of a notification under sub-section (1), any person interested in any land likely to be affected by the imposition of the water rate referred to in the notification may, within a period of one month from the date of publication of the notification, prefer objections to the Government to the inclusion of such land in the area in respect of which the declaration has been made under sub-section (1). (3) On the expiry of the period referred to in sub-section (2) for preferring objections, the Government may, after considering the objections, if any, received within such period, by notification,- (a)\twithdraw the declaration intending to impose a water rate, or 4(b) \tdeclare that a water rate in the area in respect of which the declaration under sub-section (1) was made or any part thereof shall be imposed.",
"name": "Imposition of water rate",
"related_acts": "",
"section_id": 4
},
{
"act_id": 644,
"details": "55. (1) The water rate to be imposed in a notified area shall be determined by such authority and in such manner as may be prescribed: Provided that the water rate so determined may vary from one notified area to another notified area and from one year to another year. (2) Notwithstanding anything to the contrary contained in section 4, a water rate determined for a financial year shall remain in force and be payable for subsequent financial years unless the notification published under that section is rescinded or the rate is varied under sub-section (1). (3) Notwithstanding anything to the contrary contained in any other law for the time being in force or in any custom, usage or contract, a water rate determined under sub-section (1) shall be payable in respect of all agricultural lands in the notified area.",
"name": "Determination of water rate etc.",
"related_acts": "",
"section_id": 5
},
{
"act_id": 644,
"details": "66. If, for any reason, there is, in any financial year, a total or partial failure of crops in any land in the notified area, the Government may grant total or partial remission of the water rate in respect of such lands.",
"name": "Remission",
"related_acts": "",
"section_id": 6
},
{
"act_id": 644,
"details": "77. The water rate payable under section 5 shall be assessed and collected in such manner as may be prescribed.",
"name": "Assessment and collection of water rate",
"related_acts": "",
"section_id": 7
},
{
"act_id": 644,
"details": "8. (1) For the purpose of irrigation or drainage of lands in the notified area, the owners or occupiers of such lands shall be bound to afford free passage for water through or over all lands in their possession and for that purpose, to allow, when so required by the Deputy Commissioner, by an order in writing, construction and maintenance of such channels as may be necessary: Provided that the capacity of such channels shall not exceed in any case two cusecs of flow. (2) If any person refuses to comply with an order under sub section (1), the Deputy Commissioner may cause the channel to be constructed or maintained and may impose a penalty which may extend to five times the water rate assessed on such land. (3) Notwithstanding anything contained in any other law for the time being in force, no person shall be entitled to claim any compensation for any damage or loss which may be caused as a result of construction or maintenance of any channel under sub section (1) or sub section (2): Provided that he shall be entitled to remission of water rate in respect of that portion of land which is affected by such construction or maintenance of channels. (4) Any person aggrieved by an order imposing a penalty on him under this section may within thirty days from the date of receipt of the order, appeal to such appellate authority as may be prescribed, and the decision of the appellate authority in such appeal shall be final.",
"name": "Free Passage of water for irrigation or drainage",
"related_acts": "",
"section_id": 8
},
{
"act_id": 644,
"details": "9. (1) If, without any written permission of the Deputy Commissioner, any obstruction is put in any channel referred to in section 8 or other canal or any cut is made on the bank thereof as a result of which the normal flow of water through (a) \ttake such measures as he may consider necessary to remove such obstruction or to close such cut; (b) \timpose a penalty, which may extend to ten time the water rate assessed for the 8financial year during which the obstruction is put or the cut is made, on the persons who are the owners or occupiers of lands irrigated by, or filled up with, water so diverted, after giving them an opportunity of showing cause against the imposition of such penalty: Provided that no such penalty shall be imposed on any person who proves to the satisfaction of the Deputy Commissioner that such obstruction was put or such cut was made without his knowledge or consent. (2) Any person aggrieved by an order imposing a penalty under this section may, within thirty days from the date of receipt of the order, appeal to such appellate authority as may be prescribed, and the decision of the appellate authority in such appeal shall be final.",
"name": "Penalty for diversion of normal flow of water by obstruction, etc.",
"related_acts": "",
"section_id": 9
},
{
"act_id": 644,
"details": "10. (1) It shall be the duty of the owners or occupiers of lands in the notified area to take proper precautions for the prevention of waste of the water supplied through any canal in the area or use of such water in an unauthorised manner. (2) If water supplied through a canal be suffered to run to waste, the person by whose act or neglect such water is suffered to run to waste shall be liable to pay a penalty which may extend to ten times the water rate that could be charged if the water so wasted were supplied in bulk. (3) If water supplied through a canal in the area be used in an unauthorised manner, the person by whose act or neglect such use has occurred shall be liable to pay a panalty which may extend to five times the water rate assessed on the land in which such water is used or on which such water has flowed. (4) A penalty under this section may be imposed by the Deputy Commissioner after causing such enquiry as he deems necessary and after giving the persons liable to pay the penalty an opportunity of showing cause against the imposition of such penalty. (5) Any person aggrieved by an order imposing a penalty on him under this section may, within thirty days from the date of receipt of the order, appeal to such appellate authority as may be prescribed, and the decision of the appellate authority in such appeal shall be final.",
"name": "Prevention of unauthorised use or waste of water",
"related_acts": "",
"section_id": 10
},
{
"act_id": 644,
"details": "11. All arrears of water rate, together with interest and costs, if any, and all penalties under this Ordinance shall be recoverable as public demands.",
"name": "Recovery of arrears of water rate and penalties",
"related_acts": "",
"section_id": 11
},
{
"act_id": 644,
"details": "12. The Government may, by notification, direct that any power conferred or any duty imposed on it by this Ordinance may, in such circumstances and under such conditions, if any, as may be specified in the notification, also be exercised or performed by such officer or authority as may be mentioned in the notification.",
"name": "Delegation of power",
"related_acts": "",
"section_id": 12
},
{
"act_id": 644,
"details": "13. Notwithstanding anything contained in any other law for the time being in force, no Civil Court shall entertain any application or suit for any action taken or anything done under this Ordinance.",
"name": "Bar to Jurisdiction of Civil Courts",
"related_acts": "",
"section_id": 13
},
{
"act_id": 644,
"details": "14. No suit, prosecutions or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under this Ordinance.",
"name": "Indemnity",
"related_acts": "",
"section_id": 14
},
{
"act_id": 644,
"details": "15. (1) The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for- (a)\tthe authority or person for assessment of water rate; 9* * * (c)\tthe manner of publication of notification or public notices issued under this Ordinance; 10* * * (e)\tthe form and manner of service of notices; 11* * * (g)\tthe persons by whom water rate may be collected and the remuneration, if any, payable to them;\t(h)\tthe manner of collection of water rate; (i)\tthe amount of rebate to which a person paying water rate in time is entitled and penalty to which he may be liable in case of default; (j)\tthe appellate authorities to whom appeals under sections 8, 9 and 10 shall lie; (k)\tthe fees, if any, payable on petitions of appeal; (l)\tthe procedure to be followed by the appellate authorities.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 15
},
{
"act_id": 644,
"details": "16. (1) The Irrigation (Imposition of Water Rate) Ordinance, 1963 (E.P. Ord. VII of 1963), is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken, including any notification published, water rate imposed or assessed, notice issued, order made or appeal preferred under the said Ordinance shall be deemed to have been done, taken, published, imposed, assessed, issued, made or preferred under the corresponding provision of this Ordinance.",
"name": "Repeal and savings",
"related_acts": "",
"section_id": 16
}
],
"text": "An Ordinance to consolidate and amend the law relating to the imposition of water rate for supply, regulation or storage of water for irrigation or drainage. WHEREAS it is expedient to consolidate and amend the law relating to the imposition of water rate for supply, regulation or storage of water for irrigation or drainage and to provide for certain matters connected therewith; NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the Chief Martial Law Administrator is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 645,
"lower_text": [],
"name": "The Bangladesh Unani and Ayurvedic Practitioners Ordinance, 1983",
"num_of_sections": 43,
"published_date": "17th July, 1983",
"related_act": [
645
],
"repelled": false,
"sections": [
{
"act_id": 645,
"details": "1. This Ordinance may be called the Bangladesh Unani and Ayurvedic Practitioners Ordinance, 1983.",
"name": "Short title",
"related_acts": "645",
"section_id": 1
},
{
"act_id": 645,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“Board” means the Bangladesh Board of Unani and Ayurvedic systems of medicine established under section 3; (b) \t“Chairman” means the Chairman of the Board;\t(c) \t“prescribed” means prescribed by rules or regulations made under this Ordinance; (d) \t“recognised” means recognised by the Government for the purposes of this Ordinance; (e) \t“register” means a register of practitioners of Unani and Ayurvedic systems of medicine maintained under this Ordinance; (f) \t“registered practitioner” means a practitioner whose name is for the time being entered in a register; (g) \t“Registrar” means the Registrar of the Board; (h) \t“regulations” means regulations made under this Ordinance; (i) \t“rules” means rules made under this Ordinance; (j) \t“Tabib” or “Hakim” means a practitioner of Unani system of medicine; (k)\t“Unani and Ayurvedic systems of medicine” means the Unani Tib and Ayurvedic (including the Siddha) systems of medicine whether supplemented or not by such modern advances as the Board may, from time to time, determine; (l)\t“Vaid” or “Kabiraj” means a practitioner of Ayurvedic system of medicine.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 645,
"details": "3. (1) As soon as may be after the commencement of this Ordinance, the Government shall, by notification in the official Gazette, establish a Board to be called the Bangladesh Board of Unani and Ayurvedic systems of medicine for carrying out the purposes of this Ordinance. (2) The Board shall be a body corporate, having perpetual succession and a common seal with power, subject to the provisions of this Ordinance, to acquire, hold and dispose of property, both movable and immovable, and shall by the said name sue and be sued.",
"name": "Establishment and incorporation of the Board",
"related_acts": "",
"section_id": 3
},
{
"act_id": 645,
"details": "4. (1) The Board shall consist of the following members, namely:- (a)\ta Chairman to be appointed by the Government; (b) \ttwo members to be nominated by the Government, of whom one each shall be from amongst the practising Hakims and Vaids; (c)\tone member from each administrative division to be elected by the registered practitioners of Unani system of medicine from amongst themselves; (d)\tone member from each administrative division to be elected by the registered practitioners of the Ayurvedic system of medicine from amongst themselves; (e)\ttwo members to be nominated by the Government from amongst the teachers of recognised teaching institutions of Unani and Ayurvedic systems of medicine. (2) Notwithstanding anything contained in sub section (1), for the purpose of constitution the Board for the first time, the members required to be elected under clauses (c) and (d) of that sub section, shall be nominated by the Government.",
"name": "Composition of the Board",
"related_acts": "",
"section_id": 4
},
{
"act_id": 645,
"details": "5. Elections under this Ordinance shall be held at such time and place and in such manner as may be prescribed by rules.",
"name": "Elections",
"related_acts": "",
"section_id": 5
},
{
"act_id": 645,
"details": "6. The Government shall publish in the official Gazette, the names of the Chairman and other members of the Board together with the dates on which such members are nominated or elected.",
"name": "Publication of names, etc.",
"related_acts": "",
"section_id": 6
},
{
"act_id": 645,
"details": "7. (1) The members of the Board shall be nominated or elected, as the case may be, in such manner and for such term as may be prescribed by rules. (2) Every member of the Board shall, subject to the other provisions of this Ordinance and the rules to be made thereunder, hold office until the election or nomination, as the case may be, of his successor at the end of the prescribed term. (3) Members shall be eligible for re nomination or re election to the Board on the expiry of the prescribed term. (4) If a vacancy in the office of a member occurs during the prescribed term, through death, resignation, disability, or otherwise, the vacancy shall be filled in accordance with the provision of this Chapter and the member nominated or elected to fill the vacancy shall hold office until his successor is nominated or elected at the end of the prescribed term.",
"name": "Term of office of members",
"related_acts": "",
"section_id": 7
},
{
"act_id": 645,
"details": "8. No act or proceeding of the Board shall be invalid merely on the ground of the existence of any vacancy in, or any defect in the composition of, the Board.",
"name": "Vacancies not to invalidate proceedings of the Board",
"related_acts": "",
"section_id": 8
},
{
"act_id": 645,
"details": "9. The Chairman may resign his office by letter addressed to the Government and any member may, at any time, resign his office by letter addressed to the Chairman and such resignation shall take effect from the date it is accepted by the Government or the Chairman, as the case may be.",
"name": "Resignation from membership",
"related_acts": "",
"section_id": 9
},
{
"act_id": 645,
"details": "10. If any member- (a) \tabsents himself, without such reason as may in the opinion of the Board be sufficient, from three consecutive ordinary meetings of the Board; or (b) \tbecomes subject to any of the disqualifications mentioned in section 11; the Board shall declare his office vacant.",
"name": "Declaration of vacancies",
"related_acts": "",
"section_id": 10
},
{
"act_id": 645,
"details": "11. No person shall be a member of the Board if- (a) he is an undischarged insolvent; (b) he has been adjudicated by a competent Court to be of unsound mind; (c) he has at any time been convicted of an offence, which in the opinion of the Government, involves moral turpitude.",
"name": "Disqualification of members",
"related_acts": "",
"section_id": 11
},
{
"act_id": 645,
"details": "12. If, in the opinion of the Government, anything done or intended to be done by or on behalf of the Board is not in conformity with the provisions of this Ordinance, or is in any way against the public interest, the Government may, by order,- (a)\tquash the proceedings; (b)\tsuspend the execution of any resolution passed or order made by the Board; (c)\tprohibit the doing of anything proposed to be done; and (d)\trequire the Board to take such action as may be specified.",
"name": "Control over the Board",
"related_acts": "",
"section_id": 12
},
{
"act_id": 645,
"details": "13. The following shall be the functions of the Board, namely:- (a) \tto consider applications for recognition under this Ordinance made by institutions imparting or desiring to impart instruction in the Unani or Ayurvedic systems of medicine; (b) \tto secure the maintenance of an adequate standard of efficiency in recognised institutions; (c) \tto make arrangement for the registrations of duly qualified persons in accordance with the provisions of this Ordinance; (d) \tto appoint committees and sub committees for carrying out the purposes of this Ordinance; (e) \tto hold examinations and confer certificates, diplomas or degrees in Unani and Ayurvedic systems of medicine; (f) \tto provide for research in the Unani and Ayurvedic systems of medicine and to establish research centre or academy for this purpose; (g) \tto make arrangements for standardisation of the Unani and Ayurvedic medicines; (h) \tto prepare and publish text books to meet the needs of teachers of Unani and Ayurvedic systems of medicine; (i) \tto publish journals, periodicals and bulletins on Unani and Ayurvedic systems of medicine; (j) \tto prepare and publish Unani and Ayurvedic Pharmacopoeia and Code of Ethics for practitioners registered under this Ordinance; (k) \tto award scholarships and stipends to the students of recognised institutions; (l) \tto collect fees or charges prescribed for admission to the examination held by the Board and for certificate, diploma or degree to be granted or conferred by the Board under this Ordinance; (m)\tto recommend to the Government any grant for a recognised Unani or Ayurvedic institution; (n) \tto make arrangements for establishment of standard Unani and Ayurvedic colleges, hospitals and charitable dispensaries; (o) \tto make arrangements for establishment and operation of a Unani and Ayurvedic medical store for supplying medicines and accessories to the Unani and Ayurvedic hospitals and dispensaries; and (p) \tto do such other acts and things as it may be empowered or required to do by this Ordinance or the rules.",
"name": "Functions of the Board",
"related_acts": "",
"section_id": 13
},
{
"act_id": 645,
"details": "14. (1) The Board shall meet at such time and place, and every meeting of the Board shall be summoned in such manner, as may be prescribed by regulations: Provided that until such regulations are made, the Chairman may summon a meeting of the Board at such time and place as he may deem expedient by notice addressed to each member. (2) The Chairman shall preside at every meeting of the Board, and in his absence, the members present shall elect a member from amongst themselves to preside. (3) Except as hereinafter provided, all questions at a meeting of the Board shall be decided by a majority of the votes of the members present. (4) Four members of the Board shall form a quorum. (5) At every meeting of the Board the Chairman for the time being shall, in addition to his vote as a member of the Board, have a second or casting vote in case of an equality of votes.",
"name": "Meetings of the Board",
"related_acts": "",
"section_id": 14
},
{
"act_id": 645,
"details": "15. (1) The Board shall, with the previous approval in writing of the Government, appoint a Registrar on such terms and conditions as may be prescribed by rules.\t(2) If the office of the Registrar is vacant or if the Registrar is unable to perform functions of his office on account of absence, illness or any other cause, the Board may, with the previous approval of the Government, appoint any officer of the Board to act as Registrar until a new Registrar is appointed or until the Registrar resumes the functions of his office, as the case may be.\t(3) The Registrar shall be the secretary to the Board and shall exercise such powers and perform such duties as may be prescribed by regulations. (4) The Board may appoint such officers and employees as it considers necessary for the efficient performance of its functions on such terms and conditions as it may deem fit. (5) The Registrar may, in the event of an urgency, appoint, for the efficient performance of the functions of the Board, such employees as he considers necessary on the terms and conditions prescribed by regulations: Provided that every appointment under this sub section shall be reported to the Board forthwith and no such appointment shall continue beyond six months unless approved by the Board.",
"name": "Officers of the Board and their terms and conditions of service",
"related_acts": "",
"section_id": 15
},
{
"act_id": 645,
"details": "16. (1) Any institution imparting or desiring to impart instruction in Unani or Ayurvedic system of medicine may apply for recognition under this Ordinance. (2) An application for recognition shall be addressed to the Registrar and shall contain full information in respect of the following matters, namely:- (a)\tthe constitution and personnel of the managing body of the institution; (b)\tthe subject and courses in which it imparts or proposes to impart instruction; (c)\tthe equipment possessed by the institution and the number of students for whom accommodation and other provision has been or is proposed to be made; (d)\tthe strength and particulars of its staff, their salaries, qualifications and the research work to their credit; (e) \tthe fees levied or proposed to be levied and the financial provision made for capital expenditure on buildings and equipment and for the continued maintenance and efficient working of the institution. (3) The Registrar shall place the application before the Board, and the Board may direct the Registrar to call for any further information which it may consider necessary and may also direct a local enquiry to be made by competent person or persons authorised by it in this behalf. (4) After considering the report of such local enquiry, if any, and making such further enquiry as may appear to it to be necessary, the Board shall, subject to the approval of the Government, grant or refuse to grant recognition. (5) When recognition is granted to an institution under this section, the name of the institution shall be published by the Board in the official Gazette.",
"name": "Recognition of institutions",
"related_acts": "",
"section_id": 16
},
{
"act_id": 645,
"details": "17. (1) It shall be the duty of the Board to secure the maintenance of an adequate standard of efficiency in recognised institutions. (2) For the purpose of securing such standard, the Board may- (a) from time to time call upon the recognised institutions to furnish such information and particulars as may be required by the Board to judge the standard of administration, education and the financial position of the institutions; and (b) arrange for annual inspection of the recognised institutions through an inspector or inspection team appointed by the Board.",
"name": "Maintenance of standard of efficiency",
"related_acts": "",
"section_id": 17
},
{
"act_id": 645,
"details": "18. (1) The Board when it thinks fit may, and when required to do so by the Government shall, make an enquiry whether any recognised institution should cease to be a recognised institution. (2) If, on making such an enquiry and after considering all such information and reports as are referred to in the preceding section and making such further enquiry as may appear to it to be necessary, the Board is satisfied that the teaching facilities provided or other arrangements made in this connection by a recognised institution are not such as to secure an adequate standard of efficiency for the practice of the system of medicine taught in the institution, it shall make an order withdrawing the recognition: Provided that no order under this sub section shall be made unless the institution concerned has been given an opportunity to raise, within a specified time, the standard of teaching and examination to the satisfaction of the Board and the institution has, in the opinion of the Board, failed to do so.",
"name": "Withdrawal of recognition",
"related_acts": "",
"section_id": 18
},
{
"act_id": 645,
"details": "19. (1) The duration of diploma course in recognised institutions of Unani or Ayurvedic system of medicine shall be four years and the course shall include the subjects prescribed by regulations. (2) The Board may arrange for degree and other higher courses in Unani and Ayurvedic systems and the duration and subjects of such courses shall be as prescribed by regulations.",
"name": "Duration of courses",
"related_acts": "",
"section_id": 19
},
{
"act_id": 645,
"details": "20. The minimum qualifications for admission to different courses in a recognised institution shall be as prescribed by regulations.",
"name": "Qualifications for admission to institutions",
"related_acts": "",
"section_id": 20
},
{
"act_id": 645,
"details": "21. (1) A qualifying examination shall be held at least once in every year or for the purpose of granting a diploma conferring the right of registration under this Ordinance or for the purpose of granting a degree after completion of higher study leading to a degree. (2) The examination shall be held on the subjects prescribed by regulations and the right of appearing at the examinations shall be restricted to candidates who have undergone a course of study in such subjects in the prescribed manner at a recognised institution. (3) The examination shall be held under the control of an examining body to be appointed by the Board duly approved by the Government on annual basis. (4) There shall be appointed a Controller of Examinations who shall act as Secretary to the examining body and, so long as the Controller of Examinations is not appointed, the Registrar shall discharge the duties of the Controller of Examinations as prescribed by regulations.",
"name": "Qualifying examination",
"related_acts": "",
"section_id": 21
},
{
"act_id": 645,
"details": "22. (1) Applications under sub section (1) of section 23 shall be received annually after the results of the examinations held under section 21 are declared. (2) Applications for registration under this Ordinance shall be made in such form and on payment of such fee as may be prescribed by rules. (3) The Board shall examine the applications received under this section and after making such enquiries as it thinks fit regarding the qualifications and length and nature of practice of the applicants and their professional efficiency direct the entry of the names to be made in the register in accordance with the provisions of this Ordinance.",
"name": "Registration how made",
"related_acts": "",
"section_id": 22
},
{
"act_id": 645,
"details": "23. (1) Every person who passes the qualifying examination in the Unani or Ayurvedic system of medicine from a recognised institution may apply under section 22 for registration in Category A of the respective register. (2) The Unani and Ayurvedic institutions specified in the Schedule shall be recognised institutions. (3) The Board may, with the approval of the Government, by notification in the official Gazette, include any foreign Unani or Ayurvedic institution in Part B of the Schedule.",
"name": "Registration of Unani and Ayurvedic practitioners in Category A",
"related_acts": "",
"section_id": 23
},
{
"act_id": 645,
"details": "24. Any person who passes a written and practical examination to be held annually by the examining body to be appointed under sub section (3) of section 21 in the subjects containing basic principles of medicine, materia medica, medicine and practical diagnosis of the Unani or, as the case may be, Ayurvedic system of medicine may apply under section 22 for registration in category B of the Unani or, as the case may be, Ayurvedic register.",
"name": "Registration of Unani and Ayurvedic practitioners in Category B",
"related_acts": "",
"section_id": 24
},
{
"act_id": 645,
"details": "25. The Board may direct that the name of a practitioner who has been convicted of a cognizable offence or who after due enquiry has been found guilty of misconduct shall be removed from the register, if the offence or misconduct in the opinion of the Board discloses moral turpitude such as to render him unfit to practise his profession: Provided that no action shall be taken by the Board under this section unless the person convicted of the cognizable offence or found guilty of misconduct has been given a reasonable opportunity to show cause against the punishment proposed to be inflicted on him.",
"name": "Removal from register, etc.",
"related_acts": "",
"section_id": 25
},
{
"act_id": 645,
"details": "26. The Board may, on its own motion or on information received from any person and after due enquiry and giving an opportunity to the person concerned of being heard, cancel or alter any entry in the register, if in the opinion of the Board the entry was made fraudulently or improperly.",
"name": "Cancellation or alteration of entries in register, etc.",
"related_acts": "",
"section_id": 26
},
{
"act_id": 645,
"details": "27. (1) Subject to any general or special orders of the Board it shall be the duty of the Registrar to keep the register and to attend the meetings of the Board. (2) The register shall contain the name, residence, age and qualification of every practitioner registered under this Ordinance and the dates on which the qualifications were acquired. (3) The Registrar shall keep the register correct and up-to-date and shall, from time to time, enter therein any alteration in the address and qualifications of the practitioners and remove therefrom the names of the practitioners who die or whose names are directed to be removed in accordance with the provisions of this Ordinance. (4) If the Registrar has reason to believe that any registered practitioner has ceased to practise or changed his permanent address without due intimation to him, he may write by registered post to such practitioner at the address as entered in the register to enquire whether he has ceased to practise or has changed his residence and if within six months no reply is received, the Registrar may remove the name of such practitioner from the register: Provided that the Board may, at any time on the application of the practitioner whose name is removed under this sub-section, order that the name of such practitioner be re-entered in the register.",
"name": "Maintenance of register",
"related_acts": "",
"section_id": 27
},
{
"act_id": 645,
"details": "28. (1) The Registrar shall, in every third year on or before a date to be fixed by the Board, cause to be published a correct list of the names and qualifications of all practitioners for the time being entered in the register and the dates when such qualifications were acquired. (2) It shall be presumed that any person entered in such list is registered practitioner and that any person not so entered is not a registered practitioner.",
"name": "Publication of list",
"related_acts": "",
"section_id": 28
},
{
"act_id": 645,
"details": "29. Every registered practitioner shall inform the Registrar of any change of his permanent address.",
"name": "Intimation of change of address",
"related_acts": "",
"section_id": 29
},
{
"act_id": 645,
"details": "30. (1) Notwithstanding anything contained in any law for the time being in force, every practitioner registered under section 23 shall be entitled- (a) \tto hold any appointment as physician or medical officer in any Unani or, as the case may be, Ayurvedic dispensary, hospital, infirmary or lying-in-hospital, if such dispensary, hospital, infirmary or lying-in-hospital is supported by or receives a grant from the Government or any local authority and treats patients according to the system of medicine or in any public establishment, body or institution practising such system; (b) \tto vote for the election of members to the Board; and (c) \tto recover fees through Courts. (2) A practitioner registered under section 24 shall be entitled to the privileges specified in clauses (b) and (c) of sub-section (1). (3) A registered practitioner shall abide by the Code of Ethics for Unani and Ayurvedic practitioners framed by the Board and approved by the Government.",
"name": "Privileges of registered practitioners",
"related_acts": "",
"section_id": 30
},
{
"act_id": 645,
"details": "31. Whoever contravenes the provisions of sub-section (3) of section 30 shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to Taka one thousand, or with both.",
"name": "Offences and Penalties",
"related_acts": "",
"section_id": 31
},
{
"act_id": 645,
"details": "32. (1) No person other than a practitioner registered under this Ordinance shall practise or hold himself out, whether directly or by implication, as practising the Unani or, as the case may be, Ayurvedic system of medicine. (2) Whoever contravenes the provisions of sub-section (1) shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to Taka one thousand, or with both.",
"name": "32.\tPersons not registered under Ordinance not to practise, etc.",
"related_acts": "",
"section_id": 32
},
{
"act_id": 645,
"details": "33. (1) No person other than a body or institution authorised under this Ordinance shall confer, grant or issue or holdout as entitled to confer, grant or issue a degree, diploma or certificate which purports to entitle the holder to practise the Unani or Ayurvedic system of medicine or which is identical with or is a colourable imitation of any degree, diploma or certificate granted by a body or institution so authorised. (2) Whoever contravenes the provisions of this section shall be punishable with fine which may extend to Taka one thousand and if the person so contravening is an association, every member of such association who knowingly or wilfully authorise or permits the contravention shall be punishable with fine which may extend to Taka one thousand.",
"name": "Colourable imitation of degrees",
"related_acts": "",
"section_id": 33
},
{
"act_id": 645,
"details": "34. (1) No person shall add to his name, title or description any letters or abbreviations which imply or are calculated to lead to the belief that he holds a degree, diploma or certificate as his qualification to practise the Unani or Ayurvedic system of medicine, unless he holds such degree, diploma or certificate and such degree, diploma or certificate- (i)\tis recognised by any law for the time being in force in Bangladesh; or (ii)\thas been conferred, granted or issued by a body or institution authorised under this Ordinance in this behalf; or (iii)\thas been conferred, granted or issued by an authority empowered or recognised as competent by the Government to confer, grant or issue such degree, diploma or certificate. (2) Notwithstanding anything contained in any other law for the time being in force, no Hakim or Vaid shall describe himself as a Doctor. (3) Whoever contravenes the provisions of this section shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to Taka one thousand, or with both.",
"name": "Prohibition against use of title, description, etc.",
"related_acts": "",
"section_id": 34
},
{
"act_id": 645,
"details": "35. Nothing in this chapter shall apply to any person- (a)\twho limits his practice to dentistry; or (b)\twho being a nurse, midwife or health visitor and registered as such under any law for the time being in force, or a dai, attends on a case of labour; or (c)\twho being a technical assistant like JARRAH or KUHAL attends on a case under the direction and personal guidance of a registered practitioner of the Unani system of medicine.",
"name": "Savings",
"related_acts": "",
"section_id": 35
},
{
"act_id": 645,
"details": "36. (1) No Court shall take cognizance of any offence under this Ordinance except on a complaint in writing by an officer empowered in this behalf by the Government. (2) No Court other than of a Magistrate of the first class shall try an offence under this Ordinance.",
"name": "Cognizance of offences, etc.",
"related_acts": "",
"section_id": 36
},
{
"act_id": 645,
"details": "37. (1) If at any time it appears to the Government that the Board has failed to exercise or has exceeded or abused any of the powers conferred upon it by or under this Ordinance, the Government may, if it considers such failure, excess or abuse to be of serious character, notify the particulars thereof to the Board and if the Board fails to remedy such default, excess or abuse, within such time as may be fixed in this behalf, the Government may, by notification in the official Gazette, supersede the Board for such period, not exceeding ninety days, as may be specified in the notification. (2) Upon the supersession of the Board under sub section (1)- (a)\tthe persons holding office as Chairman and members of the Board shall cease to hold office; and (b)\tall powers and functions of the Board shall, during period of supersession, be exercised and performed by such person or authority as the Government may appoint in this behalf, as if such person or authority were the Board. (3) \tThe Board shall be reconstituted in accordance with the provisions of this Ordinance for the exercise and performance of its powers and functions on the expiry of the period specified in the notification under sub-section (1).",
"name": "Supersession of the Board",
"related_acts": "",
"section_id": 37
},
{
"act_id": 645,
"details": "38. All moneys received by the Board as fees shall be applied for the purposes of the Board in accordance with the rules made under this Ordinance.",
"name": "Grants, aids and fees received by the Board",
"related_acts": "",
"section_id": 38
},
{
"act_id": 645,
"details": "39. Every person-in-charge of registration of deaths shall, on receiving notice of the death of a registered practitioner, forthwith transmit by post to the Registrar a certificate under his own hand of such death with the particulars of time and place of death and may charge from the Registrar the cost of such certificate and transmission as an expense of his office.",
"name": "Death of registered practitioners",
"related_acts": "",
"section_id": 39
},
{
"act_id": 645,
"details": "40. No suit, prosecution or other legal proceeding shall be instituted against any person for anything which is in good faith done or intended to be done under this Ordinance or the rules or regulations made thereunder.",
"name": "Indemnity",
"related_acts": "",
"section_id": 40
},
{
"act_id": 645,
"details": "41. (1) The Government may, after consulting the Board, by notification in the official Gazette, make rules to carry out the purposes of this Ordinance. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- (a) \tthe time and place at which and the manner in which elections shall be held; (b) \tthe manner in which vacancies shall be filled; (c) \tthe form of register and the particulars to be entered therein; (d) \tfees chargeable for the registration, alteration in the register regarding additional qualifications and alteration of other entries in the register; (e) \tthe purposes for which the fees received by the Board shall be applied.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 41
},
{
"act_id": 645,
"details": "42. The Board may, with the approval in writing of the Government, make regulations not inconsistent with this Ordinance or the rules made thereunder for the following matters, namely:- (a) \tcourses of study for training and qualifying examinations; (b) \tlanguages in which examinations shall be conducted and instruction given; (c) \tadmission of students to recognised institutions; (d) \tthe conditions under which candidates shall be admitted to different courses and the qualifying and other examinations; (e) \tthe conditions of appointment of examiners and conduct of examinations; (f) \tthe conditions for the appointment of teachers in recognised institutions; (g) \tthe requirements for the recognition of teaching institutions; (h) \tthe time and place at which the Board shall hold its meetings; (i) \tsuch other matters as may be necessary for the exercise of powers and performance of functions to be exercised or performed by the Board under this Ordinance and the rules made thereunder.",
"name": "Power to make regulations",
"related_acts": "",
"section_id": 42
},
{
"act_id": 645,
"details": "43. (1) The Unani, Ayurvedic and Homoeopathic Practitioners Act, 1965 (II of 1965), hereinafter referred to as the said Act, in so far as it relates to the Board of Unani and Ayurvedic Systems of Medicine established thereunder, hereinafter referred to as the defunct Board, is hereby repealed. (2) Upon the repeal of the said Act,- (a) \tall assets, rights, powers, authorities and privileges, and all properties, movable and immovable, cash and bank balances and fund of the defunct Board in Bangladesh and all other interests and rights in, or arising out of, such property shall stand transferred to, and vested in, the Board; (b) \tall debts, liabilities and obligations of the defunct Board in Bangladesh shall be the debts, liabilities and obligation of the Board; (c) \tall suits and other legal proceedings instituted by or against the defunct Board in Bangladesh shall be deemed to have been instituted by or against the Board; (d) \tall officers and employees of the defunct Board in Bangladesh shall, notwithstanding anything contained in any contract or agreement or in the terms and conditions of service, stand transferred to the Board and shall be deemed to be officers and other employees of the Board appointed by it on the same terms and conditions of service as were applicable to them in the defunct Board unless such terms and conditions are altered, not being to their disadvantage, by the Board; (e) \tevery Unani and Ayurvedic practitioner registered under the said Act shall be deemed to be registered under this Ordinance.",
"name": "Repeal and Savings",
"related_acts": "",
"section_id": 43
}
],
"text": "An Ordinance to provide for the regulation of the qualifications and registration of practitioners of Unani and Ayurvedic systems of medicine. WHEREAS it is expedient to provide for the regulation of the qualifications and registration of practitioners of Unani and Ayurvedic systems of medicine and for matters connected therewith; NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the Chief Martial Law Administrator is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 646,
"lower_text": [],
"name": "The Marine Fisheries Ordinance, 1983",
"num_of_sections": 55,
"published_date": "19th July, 1983",
"related_act": [
646,
75,
269,
270,
271,
272,
273,
274,
467,
275,
276,
277,
278,
279
],
"repelled": true,
"sections": [
{
"act_id": 646,
"details": "1. (1) This Ordinance may be called the Marine Fisheries Ordinance, 1983. (2) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint.",
"name": "Short title and commencement",
"related_acts": "646",
"section_id": 1
},
{
"act_id": 646,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“Bangladesh fisheries Waters” means the territorial waters and economic zone of Bangladesh as declared by the Government under the Territorial Waters and Maritime Zones Act, 1974 (XXVI of 1974), and any other marine waters over which has, or claims to have, jurisdiction under law with respect to the management, conservation and development of the marine living resources; (b)\t“Director” means the person appointed as such under section 4; (c) \t“fish” means any aquatic animal, whether piscine or not, and includes any shellfish, crustacean, turtle or aquatic mammal, and the young, fry, eggs and spawn thereof; (d) \t“fishery” means one or more stocks of fish that can be treated as a unit for the purposes of conservation and management; (e)\t“fishing” means catching, taking or killing fish by any method, and includes attempting to catch, take or kill fish by any method; (f)\t“fishing vessel” means any vessel used for fishing or for processing carriage or storage of fish, and includes any vessel used in support of, or ancillary to, fishing operations but does not include any vessel carrying fish as part of a general cargo unless that vessel is engaged in operations in support of, or ancillary to, fishing operations; (g) \t“foreign fishing vessel” means any fishing vessel other than a local fishing vessel; (h)\t“licence” means a licence issued in accordance with the provisions of this Ordinance or the rules made thereunder; (i)\t“local fishing vessel” means any fishing vessel-┬¼ (i)\twholly owned by one or more persons who are citizens of Bangladesh; or (ii)\twholly owned by any company, society or other association of persons established under the law of Bangladesh of which at least 51 per cent of the shares are held by citizens of Bangladesh and includes any fishing vessel registered in Bangladesh and operating under Bangladesh flag under joint venture or any other approved arrangements; or (iii) wholly owned by the Government or by a statutory corporation established under a law of Bangladesh; (j)\t“prescribed” means prescribed by rules made under this Ordinance; (k) \t“skipper”, in relation to a fishing vessel, means the person for the time being having command or charge of the vessel.",
"name": "Definitions",
"related_acts": "467",
"section_id": 2
},
{
"act_id": 646,
"details": "3. (1) The Government may, by notification in the official Gazette, exempt, subject to such conditions, if any, as may be specified therein, any local fishing vessel or class of vessels from the provisions of Part III for such period as may be specified in the notification. (2) The Government may, by notification in the official Gazette, declare zone in which only non mechanised local fishing vessels or mechanised local fishing vessels of such tonnage as the Government may, by notification in the official Gazette determine, may engage in fishing operation or in which fishing operations by other fishing vessels may be restricted.",
"name": "Provisions regarding non mechanised local fishing vessels and local fishing vessels with limited horsepower",
"related_acts": "",
"section_id": 3
},
{
"act_id": 646,
"details": "4. The Government may appoint a person to be the Director and such other fisheries officers as may be necessary for the purposes of implementing the provisions of this Ordinance and the rules made thereunder.",
"name": "Government may appoint Director and other fisheries officers",
"related_acts": "",
"section_id": 4
},
{
"act_id": 646,
"details": "5. The Director shall have responsibility for the management, conservation, supervision and development of marine fisheries and the implementation of the objectives of this Ordinance.",
"name": "Director responsible for management, etc.",
"related_acts": "",
"section_id": 5
},
{
"act_id": 646,
"details": "6. (1) The Government may delegate all of its power under this Ordinance or the rules made thereunder other than making of rules to the Director. (2) The Director may likewise delegate all or any of his powers under this Ordinance or the rules made thereunder, not being a power delegated to him by the Government under sub section (1) to fisheries officers appointed by the Government under section 4.",
"name": "Delegation of powers",
"related_acts": "",
"section_id": 6
},
{
"act_id": 646,
"details": "7. Having regard to the requirement of fisheries management and development plans, the Government may, by notification in the official Gazette, specify types, classes and number of fishing vessels that can be deployed in the Bangladesh fisheries waters: Provided that the Government may exempt fishing vessels already permitted to operate prior to the coming into force of this Ordinance.",
"name": "Types, classes and numbers of fishing vessels",
"related_acts": "",
"section_id": 7
},
{
"act_id": 646,
"details": "8. The Director shall be responsible for issuing licences in respect of all marine fishing in the Bangladesh fisheries waters.",
"name": "Director to issue licences",
"related_acts": "",
"section_id": 8
},
{
"act_id": 646,
"details": "9. (1) Applications for licences or for the renewal thereof shall be made in such form and on payment of such fees as may be prescribed. (2) The amount of fee may be determined in lump sum or calculated on the basis of size or capacity of the vessel or vessels, if operating as a team, or on any other basis.",
"name": "Application for licences",
"related_acts": "",
"section_id": 9
},
{
"act_id": 646,
"details": "10. Any licence issued in accordance with the provisions of this Ordinance or the rules made thereunder shall be valid for a period of not more than one year.",
"name": "Validity of licences",
"related_acts": "",
"section_id": 10
},
{
"act_id": 646,
"details": "11. No licence shall be transferable except with the written permission of the Director endorsed upon such licence.",
"name": "Licences not transferable except with written permission",
"related_acts": "",
"section_id": 11
},
{
"act_id": 646,
"details": "12. Where any local fishing vessel ceases at any time to be a local fishing vessel, any licence issued to such fishing vessel shall cease to be valid forthwith.",
"name": "When licence held by any local fishing vessel ceases to be valid",
"related_acts": "",
"section_id": 12
},
{
"act_id": 646,
"details": "13. Each licence shall be valid only with respect to the species of fish and the type of fishing gear or the method of fishing or the location specified in the licence.",
"name": "Matters for which licence is valid",
"related_acts": "",
"section_id": 13
},
{
"act_id": 646,
"details": "14. The holder of any licence shall keep detailed information of catches as well as sales in such form as may be prescribed and a copy of this information shall be furnished to the Director.",
"name": "Duty to provide information regarding catches",
"related_acts": "",
"section_id": 14
},
{
"act_id": 646,
"details": "15. No fishing vessel shall be operated so as to interfere with navigational aids or with shipping in established shipping routes.",
"name": "Fishing vessels not to interfere with navigation",
"related_acts": "",
"section_id": 15
},
{
"act_id": 646,
"details": "16. (1) Each licence shall be subject to such conditions as may be specified in this Ordinance and in any rules made thereunder, and as may be otherwise endorsed upon such licence by the Director. (2) In particular, and without limiting the generality of the foregoing sub-section, the Director may attach all or any of the following terms and conditions to any licence, namely:- (a)\tthe areas within which, and the period during which, fishing is authorised; (b)\tthe species, size, sex, age and quantities of fish that may be caught or taken; (c)\tthe methods by which fish may be caught or taken; (d)\tthe types, size and amount of fishing gear that may be used by the fishing vessel; (e)\tstatistical and other information required to be given by the skipper to the Government, including statistics relating to catch and effort and also reports as to the position of the vessels; (f)\tthe keeping on board the fishing vessel the licence issued in respect of it; (g)\tthe marking of the fishing vessel and other means for its identification; (h)\tsuch other matters as the Director may consider necessary or expedient for the management, conservation and development of fisheries resources of Bangladesh. (3) In addition to the terms and conditions which may be imposed on any licence under sub section (2), the Director may make applicable to foreign fishing vessels all or any of the following terms and conditions, namely:-\t(a)\tentry by foreign fishing vessels into Bangladesh ports for the inspection of its catch which is subject to customs formalities and for any other purpose;\t(b)\tthe specification of points of entry into, and departure from, the Bangladesh fisheries waters; (c)\tthe protection of local fisheries; (d)\tthe execution of bonds or other forms of security for the duration of the licence; (e)\tthe reporting of the position by the foreign fishing vessel while within, or about to enter, the Bangladesh fisheries waters; (f)\tthe directions and instructions given by the authorised officers from the Government ships or aircrafts to the foreign fishing vessel that shall be complied with by the skipper; (g)\tthe installation and maintenance in working order of a transponder or other equipment on the foreign fishing vessel for the identification and location of the vessel and of adequate navigational equipment to enable its position to be fixed from the vessel; (h)\tthe carriage on board the foreign fishing vessels of specified communication equipment, specified nautical charts, nautical publications and nautical instruments; (i)\tthe placing of observers on the foreign fishing vessel and the reimbursement to the Government of the costs of doing so; (j)\tthe training of citizens of Bangladesh in the methods of fishing employed by the foreign fishing vessel and the transfer to Bangladesh of technology relating to fisheries; (k)\tthe conduct by the fishing vessel of specified programmes of fisheries research.",
"name": "Licence to be subject to certain conditions",
"related_acts": "",
"section_id": 16
},
{
"act_id": 646,
"details": "17. No licence shall be issued in respect of a local fishing vessel that is required to be registered under any law for the time being in force unless the vessel has been registered.",
"name": "Local fishing vessels to be registered",
"related_acts": "",
"section_id": 17
},
{
"act_id": 646,
"details": "18. No licence shall be issued in respect of a local fishing vessel that is required to hold a valid certificate of inspection under any law for the time being in force unless such a certificate is issued in respect of that vessel.",
"name": "Local fishing vessels to hold valid certificate of inspection",
"related_acts": "",
"section_id": 18
},
{
"act_id": 646,
"details": "19. The Director may, by order in writing, refuse to issue a licence in respect of a local fishing vessel, or he may likewise suspend, cancel or refuse to renew any licence that has been issued in respect of a local fishing vessel, where he is satisfied that- (a) \tit is necessary to do so in order to allow for the proper management, conservation and development of any particular fishery in accordance with any fisheries management, conservation and development plan; or (b) \tit is otherwise in the best interest of marine fisheries industry to do so; or (c) \tthe vessel in respect of which the licence has been issued has been used in contravention of the provisions of this Ordinance or of any rules made thereunder or of any conditions of the licence; or (d) \tthe person applying for or holding the licence is unfit to hold a licence.",
"name": "Grounds for refusing to issue licences, etc., to local fishing vessels",
"related_acts": "",
"section_id": 19
},
{
"act_id": 646,
"details": "20. No foreign fishing vessel shall, without a licence, (a) \tenter the Bangladesh fisheries waters except for any purpose set out in section 21; or (b) \twithin the Bangladesh fisheries waters,- (i)\tfish or attempt to fish; or (ii)\tload, unload or tranship any fish; or (iii) \tload or unload any fuel supplies.",
"name": "No entry for foreign fishing vessels in Bangladesh fisheries waters except with licence",
"related_acts": "",
"section_id": 20
},
{
"act_id": 646,
"details": "21. (1) Subject to the provisions of sub section (2), a foreign fishing vessel may enter the Bangladesh fisheries waters without a licence for the purpose of- (a) \tpassage through such waters in the course of a voyage to destination outside such waters; (b) \taverting imminent danger where the vessel is in distress, to the safety of the vessel or of its crew; or (c) \trendering assistance to persons, ships or aircraft in danger or distress; or (d) \tobtaining emergency medical assistance for a member of the crew; or (e) \tfor any other purpose recognised by international law. (2) Any foreign fishing vessel entering the Bangladesh fisheries waters for any purpose set out in sub section (1) shall- (a)\tobserve such rules as may be prescribed; and (b)\treturn outside such waters as soon as the purpose for which it entered has been fulfilled.",
"name": "Entry by unlicensed foreign fishing vessels into Bangladesh Fisheries waters",
"related_acts": "",
"section_id": 21
},
{
"act_id": 646,
"details": "22. (1) Where any foreign vessel enters the Bangladesh fisheries waters except in accordance with section 21 or except in accordance with the terms of a licence, the skipper, owner and charterer, if any, of such vessel shall be guilty of an offence and shall be liable to rigorous imprisonment for a term not exceeding three years and to a fine not exceeding Taka one lakh. (2) Any foreign vessel entering Bangladesh fisheries waters except in accordance with section 21 or except in accordance with the terms of a licence shall be deemed to be forfeited to the Government.",
"name": "Foreign fishing vessels liable to fine and forfeiture if found in Bangladesh fisheries waters illegally",
"related_acts": "",
"section_id": 22
},
{
"act_id": 646,
"details": "23. No licence shall relieve any foreign fishing vessel or its skipper or crew of any obligation or requirement imposed by law concerning navigation, customs, taxes, immigration, health, certificate of seaworthiness and safety or other matters.",
"name": "Foreign fishing vessels to observe navigation, customs laws, etc.",
"related_acts": "",
"section_id": 23
},
{
"act_id": 646,
"details": "24. (1) The Director may, by order in writing, refuse to issue a licence in respect of a foreign fishing vessel on any ground that he thinks fit. (2) The Director may, by order in writing, suspend, cancel or refuse to renew any licence that has been issued in respect of a foreign fishing vessel, where he is satisfied that- (a) \tit is necessary to do so in order to allow for the proper management, conservation and development of any particular fishery in accordance with any fisheries management, conservation and development plan; (b) \tit is otherwise in the best interests of marine fisheries industry to do so; or (c) \tthe vessel in respect of which the licence has been issued has been used in contravention of the provisions of this Ordinance or of any rules made thereunder, or of any conditions of the licence; or (d) \tthe person holding the licence is unfit to hold a licence.",
"name": "Grounds for refusing to issue licence, etc., to foreign fishing vessels",
"related_acts": "",
"section_id": 24
},
{
"act_id": 646,
"details": "25. (1) Any citizen of Bangladesh aggrieved by an order of refusal by the Director to grant a licence or any person aggrieved by an order of cancellation or suspension of his licence may, within thirty days from the date of receipt of the order of refusal, cancellation or suspension, prefer an appeal against such refusal, cancellation or suspension. (2) Any person filing an appeal shall be entitled to appoint a representative or legal practitioner of his choice for the purpose of making an appeal. (3) Where the decision appealed against has been made by the Director, the appeal shall lie to the Government; and where the decision appealed against has been made by a fisheries officer appointed under section 4, the appeal shall lie to the Director.",
"name": "Appeal",
"related_acts": "",
"section_id": 25
},
{
"act_id": 646,
"details": "26. (1) Any person, other than a person authorised in writing by the Director, who in the Bangladesh fisheries waters,- (a) \tuses, or attempts to use, any explosive, poison or other noxious substances for the purpose of killing, stunning, disabling or catching fish, or in any other way rendering such fish more easily caught; or (b) \tcarries, or has in his possession or control, any explosive, poison or other noxious substances with the intention of using such explosive, poison or other noxious substance for any of the purposes referred to in clause (a); or (c) \tuses, or attempts to use, any prohibited methods of fishing as may be prescribed, or carries, or has in his possession or control, on board any \tvessel, any fishing gear prohibited under any rule made under this Ordinance; or (d) \tknowing, or having reasonable cause to believe, that any fish has been caught or taken in contravention of the provisions of this section or any rules made under this Ordinance, receives, or is found in possession of, such fish without lawful excuse, shall be guilty of an offence and shall be liable to a fine not exceeding Taka one lakh or fifteen times the value of the fish, whichever is greater. (2) Any explosive, poison or other noxious substance or fishing gear referred to in sub section (1) found on board any vessel shall be presumed to be intended for the purposes referred to in that sub section unless the contrary is proved.",
"name": "Use of explosives, etc.",
"related_acts": "",
"section_id": 26
},
{
"act_id": 646,
"details": "27. Any person who uses or has in his possession or has on board any vessel within the Bangladesh fisheries waters any fishing net which has a mesh size specified for that type of net or any other nets or fishing gear or fishing appliances that have been prohibited under any rules made under this Ordinance shall be guilty of an offence and shall be liable to a fine not exceeding Taka one lakh.",
"name": "Small meshes, etc.",
"related_acts": "",
"section_id": 27
},
{
"act_id": 646,
"details": "28. The Government may, by notification in the official Gazette, declare any area of the Bangladesh fisheries waters and, as appropriate, any adjacent or surrounding land, to be a marine reserve where it considers that special measures are necessary¬- (a) \tto afford special protection to the aquatic flora and fauna of such areas and to protect and preserve the natural breeding grounds and habitats of aquatic life, with particular regard to flora and fauna in danger of extinction; or (b) \tto allow for the natural regeneration of aquatic life in areas where such life has been depleted; or (c) \tto promote scientific study and research in respect of such areas; or (d) \tto preserve and enhance the natural beauty of such areas.",
"name": "Government may declare marine reserves",
"related_acts": "",
"section_id": 28
},
{
"act_id": 646,
"details": "29. (1) Any person who, in any marine reserves declared under section 28, without permission granted under this section,- (a) \tfishes or attempts to fish; or (b) \tdredges, extracts sand or gravel, discharges or deposits waste or any other polluting matter, or in any other way disturbs, alters or destroys fish or their natural breeding grounds or habitats; or (c) \tconstructs or erects any buildings or other structures on or over any land or waters within such reserve, shall be guilty of an offence and shall be liable to a fine not exceeding Taka one lakh. (2) The Director may give permission to do, any of the things prohibited under this section where the doing of such things may be required for the proper management of the reserve or for any of the purposes referred to in section 28.",
"name": "Fishing, dredging, etc., prohibited in marine reserves",
"related_acts": "",
"section_id": 29
},
{
"act_id": 646,
"details": "30. The Government may, in writing and subject to such terms and conditions, if any, as may be specified therein, exempt from all or any of the provisions of this Ordinance or the rules made thereunder any vessel or person undertaking research into marine fisheries or other marine living resources in the Bangladesh fisheries waters.",
"name": "Government may permit scientific research",
"related_acts": "",
"section_id": 30
},
{
"act_id": 646,
"details": "31. (1) The officers of the Directorate of Fisheries not below the rank of Assistant Inspector of Marine Fisheries, members of the Bangladesh Navy not below the rank of petty officer, any officer of customs and any other person or class of persons appointed by the Government shall be authorised officers for the purposes of this Ordinance and the rules made thereunder. (2) The Government shall, by notification in the official Gazette, publish the name or designation of any person or class of persons appointed under sub-section (1).",
"name": "Authorised officers",
"related_acts": "",
"section_id": 31
},
{
"act_id": 646,
"details": "32. For the purpose of enforcing the provisions of this Ordinance and the rules made thereunder, any authorised officer may, without a warrant,- (a)\tstop and board any fishing vessel within the Bangladesh fisheries waters and make any examination concerning that vessel, its equipments, fishing gear, nets, fishing appliances, crew or fish carried on board that vessel; or (b)\tstop and inspect any vehicle transporting fish; or (c)\trequire any person to produce any licence or other document required under this Ordinance or any rules made thereunder for examination and, if necessary, for taking copies thereof.",
"name": "An authorised officer may stop, examine, etc., any fishing vessel",
"related_acts": "",
"section_id": 32
},
{
"act_id": 646,
"details": "33. (1) Any authorised officer, where he has reasonable grounds to believe that an offence has been committed against any provisions of this Ordinance or any rules made thereunder, may, without a warrant,- (a)\tenter and search any premises, other than premises used exclusively as a dwelling house, in which he has reason to believe that such offence has been committed or fish caught or taken in contravention of such provisions are being stored; or (b)\ttake samples of any fish found in any vessel or vehicle inspected under section 32 or any premises searched under clause (a); or (c)\tarrest any person whom he has reason to believe has committed such offence; or (d)\tseize any vessel (including its furniture, appurtenances, stores and cargo), vehicle, fishing gear, nets or other fishing appliances which he has reason to believe has been used in the commission of an offence or in respect of which the offence has been committed; or (e)\tseize any fish which he has reason to believe has been caught in the commission of an offence, or is possessed in contravention of the provisions of this Ordinance or any rules made thereunder; or (f)\tseize any explosive, poison or other noxious substances which he has reason to believe has been used or is possessed in contravention of the provisions of section 26. (2) A written receipt shall be given for any article or thing seized under sub section (1) and the grounds for such seizure shall be stated in such receipt.",
"name": "Authorised officer may enter premises, seize vessels, etc., without warrant",
"related_acts": "",
"section_id": 33
},
{
"act_id": 646,
"details": "34. Where it becomes necessary for an authorised officer to stop any vessel for the purpose of enforcing the provisions of this Ordinance and the rules made thereunder, it shall be lawful for any vessel or aircraft under the command of an authorised officer to summon such vessel to stop by means of an international signal, code or other recognised means, and if it fails to do so, the vessel may be pursued even beyond the Bangladesh fisheries waters and if after a gun is fired as a warning, to the vessel to stop, and if it fails to stop after such a warning, it may be fired upon.",
"name": "Power to stop vessels",
"related_acts": "",
"section_id": 34
},
{
"act_id": 646,
"details": "35. Any vessel seized under the provisions of this Ordinance and the crew thereof shall be taken to the nearest port and dealt with in accordance with the provisions of this Ordinance.",
"name": "Vessel and crew to be taken to nearest port",
"related_acts": "",
"section_id": 35
},
{
"act_id": 646,
"details": "36. Any person arrested without a warrant for the purposes of enforcing the provisions of this Ordinance and the rules made thereunder shall be taken to a police station forthwith or, as soon as possible, after arriving at a port and shall be dealt with in accordance with the provisions of the Code of Criminal Procedure, 1898 (Act V of 1898).",
"name": "Persons arrested without warrant to be taken to police station",
"related_acts": "75",
"section_id": 36
},
{
"act_id": 646,
"details": "37. No authorised officer shall enter premises used solely as a dwelling house for the purposes of enforcing the provisions of this Ordinance and the rules made thereunder except when authorised to do so by a warrant.",
"name": "Authorised officer not to enter dwelling houses without warrant",
"related_acts": "",
"section_id": 37
},
{
"act_id": 646,
"details": "38. Any fish or other article of a perishable nature seized under the provisions of this Ordinance may, on the direction of the Director, be sold and the proceeds of sale shall be held by the Director and dealt with in accordance with the provisions of this Ordinance.",
"name": "Perishables may be sold by Director",
"related_acts": "",
"section_id": 38
},
{
"act_id": 646,
"details": "39. Any authorised officer when acting under the provisions of this Ordinance or any rules made thereunder shall, on demand, produce to any person against whom he is taking action such identification or written authority as may be reasonably sufficient to show that he is an authorised officer for the purposes of this Ordinance.",
"name": "Authorised officers required to produce identification",
"related_acts": "",
"section_id": 39
},
{
"act_id": 646,
"details": "40. No action shall be brought against any authorised officer or any person requested by him to assist him in respect of anything done or omitted to be done by such person in good faith in the execution or perporated execution of his powers and duties under this Ordinance and the rules made thereunder.",
"name": "No action against authorised officer for acts done in good faith",
"related_acts": "",
"section_id": 40
},
{
"act_id": 646,
"details": "41. Any person who wilfully obstructs any authorised officer in the exercise of any of the powers conferred on him by or under this Ordinance shall be guilty of an offence and shall be liable to imprisonment for a term not exceeding three years, or to a fine not exceeding Taka one lakh, or to both.",
"name": "Obstruction of authorised officer, etc.",
"related_acts": "",
"section_id": 41
},
{
"act_id": 646,
"details": "42. Any person who wilfully and unlawfully damages or destroys any fishing vessels, fishing stakes, fishing gear or fishing appliances shall be guilty of an offence and shall be liable to imprisonment for a term not exceeding three years, or to a fine not exceeding Taka one lakh, or to both.",
"name": "Wilful damage of fishing vessels, etc.",
"related_acts": "",
"section_id": 42
},
{
"act_id": 646,
"details": "43. Any person who contravenes any condition of any licence shall be guilty of an offence and shall be liable to imprisonment for a term not exceeding three years, or to a fine not exceeding Taka one lakh, or to both.",
"name": "Contravention of conditions of licence.",
"related_acts": "",
"section_id": 43
},
{
"act_id": 646,
"details": "44. Any person who destroys or abandons any fish, fishing gear or fishing appliances, explosives, poison or other noxious substances or any other thing with intent to avoid their seizure or the detection of any offence against the provisions of this Ordinance or any rules made thereunder shall be guilty of an offence and shall be liable to imprisonment for a term not exceeding three years, or to a fine not exceeding Taka one lakh, or to both.",
"name": "Destruction to avoid seizure or detection.",
"related_acts": "",
"section_id": 44
},
{
"act_id": 646,
"details": "45. Any person who owns or operates a fishing vessel in the Bangladesh fisheries waters which is not marked in the prescribed manner shall be guilty of an offence and shall be liable to a fine not exceeding Taka twenty five thousand.",
"name": "Failure to mark vessel",
"related_acts": "",
"section_id": 45
},
{
"act_id": 646,
"details": "46. Where an offence against any provisions of this Ordinance or any rules made thereunder has been committed by any person belonging to or on board a fishing vessel, the skipper of such vessel shall also be guilty of such offence and shall be liable to a fine not exceeding Taka five thousand.",
"name": "Skipper liable for offences committed by persons on board the vessel",
"related_acts": "",
"section_id": 46
},
{
"act_id": 646,
"details": "47. Any authorised officer may compound any offence against the provisions of this Ordinance or any rules made thereunder for a sum of money not less than one tenth of the maximum fine provided for such offence provided that in no case shall the sum be less than Taka five thousand.",
"name": "Compounding of offences",
"related_acts": "",
"section_id": 47
},
{
"act_id": 646,
"details": "48. (1) Any vessel, fishing gear or fishing appliances, explosives, poison or other noxious substance or apparatus seized under sub section (1) of section 33 or the proceeds of sale under section 38 shall, subject to the provisions of sub section (3),- (a)\tif a prosecution is to be brought under this Ordinance, be held in such custody as may be prescribed pending the outcome of such prosecution; or (b)\tif no prosecution is to be brought under this Ordinance, be held in the custody as aforesaid for a period of one month at the end of which period they shall be deemed to be forfeited to the Government unless, during such period, any written claim is received from the skipper, owner or charterer, if any, contesting such forfeiture. (2) Where any written claim contesting forfeiture is received under clause (b) of sub section (1), either- (a) \tthe subject matter of the claim shall be released and delivered to the claimant forthwith; or (b) \tthe claim shall be referred to the Court for its decision. (3) Notwithstanding anything contained in this section, the Court may order the release of any fishing vessel, fishing gear or fishing appliances seized under section 33 on receipt of a satisfactory bond or other security from any person claiming such property.",
"name": "Forfeiture of vessels etc., seized",
"related_acts": "",
"section_id": 48
},
{
"act_id": 646,
"details": "49. Where any person is convicted of an offence against any provision of this Ordinance or any rules made thereunder, or where the Court finds that an offence has been committed against any provision of this Ordinance or any rules made thereunder, the Court, in addition to any other penalty imposed,- (a)\tmay order that any fishing vessel (including its furniture, appurtenances, stores and cargo), fishing gear, nets or other fishing appliances used in the commission of such offence shall be forfeited to the Government or that the licence shall be suspended for such period of time as the Court may think fit or be cancelled; and (b)\tshall order that any fish caught in the commission of such offence or the proceeds of sale of any such fish under section 38 and any explosives, poison or other noxious substances used in the commission of such offence shall be forfeited to the Government.",
"name": "Court may order forfeiture in addition to any other penalty imposed",
"related_acts": "",
"section_id": 49
},
{
"act_id": 646,
"details": "50. Any vessel (including its furniture, appurtenances, stores and cargo), fishing gear, nets or other fishing appliances, explosives, poison or other noxious substances, and any fish or proceeds of the sale of fish deemed or ordered to be forfeited to the Government under section 48 or 49 shall be disposed of in such manner as the Government may think fit.",
"name": "Vessels, etc., forfeited may be disposed of by the Government",
"related_acts": "",
"section_id": 50
},
{
"act_id": 646,
"details": "51. All fish found on board any fishing vessel which has been used in the commission of an offence against any provisions of this Ordinance or any rules made thereunder shall, unless the contrary is proved, be presumed to have been caught illegally in the Bangladesh fisheries waters.",
"name": "Fish found on board a fishing vessel committing an offence presumed to be caught illegally",
"related_acts": "",
"section_id": 51
},
{
"act_id": 646,
"details": "52. Any offence against any of the provisions of this Ordinance or any rules made thereunder committed within the Bangladesh fisheries waters by any person shall be guilty of an offence under this Ordinance and shall be triable in any Court of Bangladesh as if such offence had been committed in any place in Bangladesh within the local limits of the jurisdiction of such Court.",
"name": "Offences triable as if committed within limits of local jurisdiction",
"related_acts": "",
"section_id": 52
},
{
"act_id": 646,
"details": "53. Where, for the purposes of this Ordinance or any rules made thereunder, any document is to be served on any person, that document may be served- (a)\tin any case, by delivering a copy thereof personally to the person to be served; or (b)\tif the document is to be served on the skipper or on a person on board a fishing vessel, by leaving the same for him on board that vessel with the skipper or the person who is, or appears to be, in command or charge of the vessel for the time being; or (c)\tby affixing a copy of the document to any conspicuous part of his residence; or (d)\tsending it by registered post acknowledgement due addressed to his last known place of abode.",
"name": "Service of documents",
"related_acts": "",
"section_id": 53
},
{
"act_id": 646,
"details": "54. Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898), any Magistrate of the first class especially empowered by the Government in this behalf may pass a sentence of fine exceeding Taka ten thousand for an offence under this Ordinance and the rules made thereunder.",
"name": "Special powers for Magistrates",
"related_acts": "75",
"section_id": 54
},
{
"act_id": 646,
"details": "55. (1) The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance. (2) In particular, and without limiting the generality of the foregoing power, rules may be made with respect to all or any of the following matters, namely:- (a)\tthe licensing, regulation and management of any particular marine fishery; (b)\tthe determination of the carrying capacity of vessels; (c)\tthe type and size of air-conditioning appliances to be fitted in vessels; (d)\testablishing the closed seasons for all areas or species of fish or for designated areas or species; (e)\tthe limitations on the amount, size and weight of fish caught and retained or traded; (f)\tdetermining the minimum mesh sizes; (g)\tdetermining the prohibited fishing areas for all fish or for certain species of fish, or for certain methods of fishing; (h)\tdetermining certain prohibited methods of fishing; (i)\tthe amount of fish that may be caught incidentally when fishing for a species for which a licence has been issued; (j)\tregulating or prohibiting the creation, maintenance, working, repair and lighting of fishing stakes in the Bangladesh fisheries waters; (k)\torganising and regulating sport fishing in the Bangladesh fisheries waters; (l)\tthe conditions to be observed by the fishing vessels while within the Bangladesh fisheries waters and to regulate the conduct of fishing operations generally; (m)\tthe nationality and educational qualifications of persons permitted to be employed or carried in fishing vessels; (n)\tproviding for the execution of bonds and other forms of security for the fulfilment of any obligations attaching to a licence; (o)\tproviding for points of entry, exit and transit through the Bangladesh fisheries waters by any fishing vessel licensed to fish by virtue of the provisions of this Ordinance; (p)\tproviding for the appointment by the owner of a foreign fishing vessel of a legal representative in Bangladesh for the purpose of accepting responsibility for any matters arising under the provisions of this Ordinance; (q)\tthe stowing of fishing gear by foreign fishing vessels while in transit through the Bangladesh fisheries waters; (r)\tproviding for rewards for reporting the presence of unlicensed foreign fishing vessels operating in the Bangladesh fisheries waters; (s)\tthe conditions and procedures of application for any licences, certificates or other documents required under this Ordinance or any rules made thereunder, their form and the amount of fees and deposits payable therefore; (t)\tthe collection of statistics and to require any person engaged in marine fishing, marketing, processing or marine fish culture, including any fish dealer, to supply such information as may be necessary for the effective management and development of marine fisheries; (u)\tthe procedures to be followed in making appeals against a refusal to issue, cancellation, non renewal or suspension of licences under section 25; (v)\tsetting up of an Advisory Committee for the purpose of advising the Government in the administration of this Ordinance; (w)\tany other matter required or authorised to be prescribed under this Ordinance. (3) The rules made under this section may provide that the breach of any of the provisions thereof shall constitute an offence and may provide for penalties by way of fine not exceeding Taka fifty thousand.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 55
}
],
"text": "An Ordinance to make provisions for the management, conservation and development of marine fisheries of Bangladesh. WHEREAS it is expedient to provide for the management, conservation and development of marine fisheries in the Bangladesh fisheries waters and to deal with certain matters connected therewith; NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the Chief Martial Law Administrator is pleased to make and promulgate the following Ordinance:"
} |
{
"id": 647,
"lower_text": [],
"name": "The National Archives Ordinance, 1983",
"num_of_sections": 22,
"published_date": "18th August, 1983",
"related_act": [
263,
647
],
"repelled": true,
"sections": [
{
"act_id": 647,
"details": "1. This Ordinance may be called the National Archives Ordinance, 1983.",
"name": "Short title",
"related_acts": "647",
"section_id": 1
},
{
"act_id": 647,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“Advisory Council” means the National Archives Advisory Council constituted under this Ordinance; (b)\t“Director” means the Director of National Archives; (c)\t“manuscript” means any hand written document made of paper, copper, silver, gold or other material except granite; (d)\t“National Archives” means the National Archives established under this Ordinance and includes any other depository designated as such by the Government; (e)\t“public archives” means all public records and any other manuscript, document or printed matter kept or deposited at the National Archives for permanent preservation; (f)\t“public office” means any office specified in the Schedule; (g)\t“public record” or “record” means any original or copy of any manuscript, paper, letter, register, report, book, magazine, map, chart, plan, drawing, picture, photograph or any other record or part thereof either hand written, drawn, printed or produced in any other way on paper or on any other material except granite and officially received or produced or prepared in any public office in the course of its official functions and includes any cinematograph, film, recording, tape, disc or production in any other media received in any public office; (h)\t“printed matter” means any book, magazine, leaflet, newspaper, or any other paper containing information printed by any mechanical or by any other process; (i)\t“responsible officer”, with reference to any public office, means the head of that office or the officer for the time being discharging the duties and functions of the head of that office.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 647,
"details": "3. As soon as may be after the coming into force of this Ordinance, the Government shall, by notification in the official Gazette, establish a central repository to be called the National Archives.",
"name": "Establishment of the National Archives",
"related_acts": "",
"section_id": 3
},
{
"act_id": 647,
"details": "4. (1) The Government shall constitute an Advisory Council for the National Archives to be called the National Archives Advisory Council. (2) The Advisory Council shall consist of the following members, namely:- (a)\tthe Secretary, Sports and Culture Division, ex officio, who shall also be its Chairman; (b)\tseven representatives, one each from the Cabinet Division, Law and Parliamentary Affairs Division, Sports and Culture Division, Ministry of Establishment and Reorganisation, Ministry of Home Affairs, Ministry of Foreign Affairs and Ministry of Education, to be nominated by the respective Division or Ministry; (c)\tfour representatives, one each from the History Departments of the Universities of Dhaka, Chittagong, Rajshahi and Jahangirnagar, to be nominated by the Vice Chancellor of the respective University; and (d)\tthe Director, ex officio, who shall also be its Member-Secretary. (3) Every member of the Advisory Council, other than an ex officio member, shall, unless earlier replaced by the nominating body, hold office for a period of three years from the date of his nomination and shall be eligible for re nomination.",
"name": "Advisory Council",
"related_acts": "",
"section_id": 4
},
{
"act_id": 647,
"details": "5. (1) The meetings of the Advisory Council shall be held at such times and places as may be determined by the Chairman: Provided that a meeting of the Advisory Council shall be summoned once at least in each period of three months or whenever the Council is required so to do by the Government. (2) The Director shall, with the concurrence of the Chairman, convene meetings of the Advisory Council and be responsible for the maintenance of records and documents of the Advisory Council and shall perform other ancillary functions. (3) To constitute a quorum at a meeting of the Advisory Council, not less than one third of the total number of members shall be present. (4) All meetings of the Advisory Council shall be presided over by the Chairman or, in his absence, by a member elected for the purpose by the members present. (5) All questions at a meeting of the Advisory Council shall be decided by a majority of the members present and voting, and, in the case of equality of votes, the person presiding shall have a second or casting vote. (6) No act or proceedings of the meetings of the Advisory Council shall be invalid merely on the ground of any existence of a vacancy in, or defect in the constitution of, the Advisory Council.",
"name": "Meetings of the Advisory Council",
"related_acts": "",
"section_id": 5
},
{
"act_id": 647,
"details": "6. The functions of the Advisory Council shall be to advise the Government on all matters relating to the- (a)\tlocation, preservation and use of public archives; (b)\tcustody and transfer of public records; (c)\tinspection and preservation of documents and manuscripts of historical or cultural or literary value in private possession; (d)\tinspection by members of the public archives; (e)\tediting and publishing of public archives and private manuscripts.",
"name": "Functions of the Advisory Council",
"related_acts": "",
"section_id": 6
},
{
"act_id": 647,
"details": "7. There shall be a Director who shall be appointed by the Government on such terms and conditions as the Government may determine.",
"name": "Appointment of Director",
"related_acts": "",
"section_id": 7
},
{
"act_id": 647,
"details": "8. (1) Subject to the direction and control of the Government, the Director shall have charge of the National Archives and of the public archives deposited therein and, in addition to the specific functions conferred or imposed on him by this Ordinance, he shall take all such measures as are necessary for the conservation of public archives. (2) Subject to the provisions of this Ordinance and any rules made thereunder, the Director or any other officer of the National Archives authorised by him in writing in this behalf shall have the following powers or any other power conferred on him by the Government or the Advisory Council, as the case may be- (a)\tmake available and publish lists, indices, guides, inventories, calendars, texts, translation and such other things as may be necessary as aids to the public archives in his custody; (b)\tsubject such terms and conditions, if any, on which any records or manuscripts are transferred to, or acquired by, the National Archives, produce, edit, print or make any other public use of any public archives in his custody; (c)\tprovide for the restoration and conservation of public archives in a suitable manner and make photographic reproductions or duplicate copies of any public archives where necessary; (d)\tproduce or cause to be produced for inspection by an individual, any public archives open to public inspection; (e)\tacquire by purchase, donation, bequest, contract, or otherwise or take on loan, any record, manuscript or document or any other material which, in his opinion, should be deposited in the National Archives for permanent preservation; (f)\texamine any record or any other manuscript or document containing reference to Bangladesh or which had its origin in Bangladesh but lying outside Bangladesh, with a view to securing either on loan or by purchase, the original or any copy thereof; (g)\texamine any collection of records of printed material in private possession for purposes of listing and recording and render such technical aid or assistance as may be necessary for the conservation and preservation of such records or printed materials; and (h)\thold public exhibitions or expositions of any class or description of public archives, private documents, manuscripts or printed materials deposited in the National Archives, either in the premises of the National Archives or elsewhere. (3) The Director may in writing delegate any of his powers and functions under this Ordinance to any officer of the National Archives.",
"name": "Powers and duties of the Director",
"related_acts": "",
"section_id": 8
},
{
"act_id": 647,
"details": "9. (1) The Director shall have access to any place of deposit of public records and shall have the power to examine such records with a view to listing or collecting information therefrom or to taking such steps as are necessary for their transfer to the National Archives for permanent preservation. (2) It shall be the duty of the responsible officer of any public office or any other person for the time being having custody of any public records- (a)\tto afford the Director or any other officer authorised by him in writing all facilities for the examination and selection of such public records for permanent preservation and for the transfer of such records to the National Archives; (b)\tto keep in safe custody in such office any class or description of public records selected by the Director or by such other officer pending the transfer of such records to the National Archives; (c)\tto perform such duties in connection with selection and listing of such public records in his custody for transfer to the National Archives as may be required by the Director; and (d)\tto transfer such records, being records not less than twenty five years old, as are required by the Director to be transferred to the National Archives for permanent preservation: Provided that the transfer of any public records to the National Archives may be temporarily deferred and such records retained in the office of origin for administrative or other purposes for such period as may be agreed upon by the responsible officer of such office and the Director, and in every such case a list of records so retained shall be transferred to the Director by the responsible officer: Provided further that the responsible officer transferring any public records which he may consider to be of a confidential or secret nature or which contain any other information which should not be divulged to the public may specify conditions subject to which such records shall be kept in the National Archives or shall be made available for public inspection, and it shall be the duty of the Director to comply with such conditions.",
"name": "Selection and transfer of public records to the National Archives",
"related_acts": "",
"section_id": 9
},
{
"act_id": 647,
"details": "10. The Director may authorise destruction of any specified classes of public records which- (a)\tby reason of their number, kind or routine nature do not, in his opinion, possess any enduring value for preservation as public archives, and (b)\tare not required for reference purposes in any public office after action on them is completed or after expiration of such period of years from the date on which action on them is completed as may be agreed upon between the Director and the administrative head of that public office.",
"name": "Destruction of records",
"related_acts": "",
"section_id": 10
},
{
"act_id": 647,
"details": "11. (1) Subject to the conditions under which any public records are made available or are deposited in the National Archives, public archives shall be made available to the public for the purpose of reference or research which are of more than thirty years old. (2) All applications for the inspection of records shall be addressed to the Director.",
"name": "Access of public to public records",
"related_acts": "",
"section_id": 11
},
{
"act_id": 647,
"details": "12. Where any public office is due to be closed down or wound up, the responsible officer of such public office shall transfer to the Director a complete list of all public records in that office and shall make arrangements to deposit in the National Archives such records as the Director may select or require for permanent preservation in the National Archives.",
"name": "Procedure relating to documents where public office is to be closed down",
"related_acts": "",
"section_id": 12
},
{
"act_id": 647,
"details": "13. It shall be the duty of the Secretary of any Commission of Inquiry appointed under the Commissions of Inquiry Act, 1956 (VI of 1956), or any Committee of Inquiry appointed by the Government to deposit all records relating to such Commission or Committee, as the case may be, at the National Archives within three months of the rendering of the final report of such Commission or Committee.",
"name": "Records of Commissions",
"related_acts": "263",
"section_id": 13
},
{
"act_id": 647,
"details": "14. (1) Any private individual or the chief executive officer of any institution in possession of any manuscript or document over seventy-five years old, being a manuscript or document of historical, cultural or literary value, may notify the Director of the existence of such document or manuscript. (2) Such individual or executive officer shall, afford the Director all facilities to inspect such manuscript or document. (3) Such individual or executive officer shall, if agreed upon by the Director, deposit at the National Archives such manuscript or document either on a permanent or temporary basis and may specify the conditions subject to which such manuscript or document shall be made available for public inspection or extracts or copies therefrom shall be taken for publication or for any other purpose.",
"name": "Documents and manuscripts in private possession",
"related_acts": "",
"section_id": 14
},
{
"act_id": 647,
"details": "15. (1) No person shall, except on the authority of a written permission issued in that behalf by the Director, export out of Bangladesh any public record, document or manuscript or any other printed matter, being a public record, document, manuscript or printed matter which is over seventy-five years old and which is of historical or cultural or literary value. (2) The Director may refuse to issue a written permission if he considers that such record, document or manuscript is of such historical, cultural or literary value that its export will not be in the national interest. (3) Any person aggrieved by the refusal of the Director to issue any written permit under this provision may appeal against such refusal to the Government within fourteen days of the communication of such refusal and the decision of the Government thereon shall be final and conclusive.",
"name": "Prohibition of export of certain documents and manuscripts from Bangladesh",
"related_acts": "",
"section_id": 15
},
{
"act_id": 647,
"details": "16. (1) There shall be an official seal of the National Archives of a design approved by the Government and such seal shall be judicially noticed. (2) The seal of the National Archives shall be kept in the custody of the Director and may be used by him or any officer authorised by him in that behalf for the purpose of National Archives.",
"name": "Official seal",
"related_acts": "",
"section_id": 16
},
{
"act_id": 647,
"details": "17. A copy of, or an extract from, any public archives or any private document or manuscript deposited in the National Archives purporting to be duly certified as true and authenticated by the Director or any other officer authorised by him in writing for the purpose and having impressed thereon the official seal of the National Archives, shall be admissible in evidence in any proceeding in any Court in like manner and to the like extent as the original document or manuscript would have been admissible.",
"name": "Authentication of copies and extracts",
"related_acts": "",
"section_id": 17
},
{
"act_id": 647,
"details": "18. All public and private records received for permanent preservation by the Director shall be deposited in the repositories of the National Archives.",
"name": "Deposit in the National Archives of public and private records received for permanent preservation",
"related_acts": "",
"section_id": 18
},
{
"act_id": 647,
"details": "19. Subject to the provisions of this section, no public archives shall be removed from the National Archives to any other place for any purposes whatsoever: Provided that where any public office which has transferred to the National Archives any record, document, manuscript or other thing requires the same for inspection, such record, manuscript, document or thing may be forwarded to such office by the Director for inspection and that office shall return the same within such period as may be specified by the Director.",
"name": "Temporary transfer of records from National Archives",
"related_acts": "",
"section_id": 19
},
{
"act_id": 647,
"details": "20. The Chairman shall submit an annual report on the activities of the Advisory Council to the Government and the Government, after examining the report, may issue such order or direction as it deems fit.",
"name": "Annual report",
"related_acts": "",
"section_id": 20
},
{
"act_id": 647,
"details": "21. Any person who knowingly defaces, marks on, mutilates or causes damage to any record, manuscript or document deposited in the National Archives or who destroys any public record otherwise than in accordance with the provisions of this Ordinance or any rules made thereunder or who contravenes any provision of this Ordinance or any rules made thereunder shall be punishable with simple imprisonment for a term which may extend to fifteen days, or with fine which may extend to five hundred Taka, or with both.",
"name": "Penalties",
"related_acts": "",
"section_id": 21
},
{
"act_id": 647,
"details": "22. (1) The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for- (a)\tselection of public records and private document and manuscripts for permanent preservation, their transfer to and deposit in the National Archives and the measures to be taken for their effective preservation in the National Archives; (b)\ttemporary deposit of any specified class or description of public records at places other than the National Archives pending their transfer to the National Archives; (c)\tcare and custody of public records in Government Departments and other institutions; (d)\tpublic access to the public archives and the terms and conditions subject to which public archives of any specified class or description of public archives are open to inspection by the members of the public; (e)\tprohibition or restriction of the disclosure of information obtained by the public from public archives; (f)\tmaintenance of secrecy by officers of the National Archives in respect of any class or description of public archives in respect of which secrecy is required to be maintained by or under any law; (g)\tpurchase from private individuals or organisations of manuscripts, documents and other printed matter of historical or cultural or literary value for permanent preservation in the National Archives; (h)\tdestruction of valueless records and documents in public offices and preparation of schedules therefore; and (i)\tholding of exhibitions and expositions of public archives.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 22
}
],
"text": "An Ordinance to provide for the establishment of National Archives for the collection, preservation, maintenance and administration of permanent records and archives of the Government. WHEREAS it is expedient to provide for the establishment of National Archives for the collection, preservation, maintenance and administration of permanent records and archives of the Government and for matters connected therewith or incidental thereto; NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the Chief Martial Law Administrator is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 648,
"lower_text": [
"1 The word “City” was substituted for the word “Municipal” by section 4 of the Local Government Laws (Amendment) Act, 1990 (Act No. LVI of 1990)",
"2 The word “City” was substituted for the word “Municipal” by section 4 of the Local Government Laws (Amendment) Act, 1990 (Act No. LVI of 1990)",
"3 Clause (14) was omitted by section 2 of the Dhaka City Corporation (Amendment) Act, 1993 (Act No. VIII of 1993)",
"4 The word “City” was substituted for the word “Municipal” by section 4 of the Local Government Laws (Amendment) Act, 1990 (Act No. LVI of 1990)",
"5 Section 3A was inserted by section 2 of the Dhaka City Corporation (Amendment) Act, 2004 (Act No. XVIII of 2004)",
"6 Section 4 was substituted by section 2 of the Dhaka City Corporation (Amendment) Act, 1999 (Act No. I of 1999)",
"7 Section 6 was substituted by section 2 of the Dhaka City Corporation (Amendment) Act, 1992 (Act No. IV of 1992)",
"8 The colon (:) was substituted for the full-stop (.) and thereafter the proviso was added by section 6 of the Dhaka City Corporation (Amendment) Act, 1993 (Act No. VIII of 1993)",
"9 The words and commas “Commissioners, other than Commissioners of reserved seats,” were substituted for the words “elected Commissioners” by section 6 of the Dhaka City Corporation (Amendment) Act, 1993 (Act No. VIII of 1993)",
"10 The commas and words “, other than Commissioners of reserved seats,” were omitted by section 3 of the Dhaka City Corporation (Amendment) Act, 1999 (Act No. I of 1999)",
"11 The word “elected” was omitted by section 6 of the Dhaka City Corporation (Amendment) Act, 1993 (Act No. VIII of 1993)",
"12 The words “Oath of office” were substituted for the words “Oath of Commissioners” by section 7 of the Dhaka City Corporation (Amendment) Act, 1993 (Act No. VIII of 1993)",
"13 Sub-section (1) was substituted by section 7 of the Dhaka City Corporation (Amendment) Act, 1993 (Act No. VIII of 1993)",
"14 The words and commas “The Mayor and every Commissioner, other than official Commissioner, shall, before entering upon his office or taking his seat,” were substituted for the words and commas “Every Commissioner other than official Commissioners, shall, before taking his seat, ” by section 6 of the Dhaka Municipal Corporation (Amendment) Ordinance, 1986 (Ordinance No. LIII of 1986).",
"15 The commas and words “, other than official Commissioner,” were omitted by section 9 of the Dhaka City Corporation (Amendment) Act, 1993 (Act No. VIII of 1993)",
"16 Section 9 was substituted by section 10 of the Dhaka City Corporation (Amendment) Act, 1993 (Act No. VIII of 1993)",
"17 Section 10 was substituted by section 11 of the Dhaka City Corporation (Amendment) Act, 1993 (Act No. VIII of 1993)",
"18 The words “as Mayor and Commissioner” were substituted for the words “and nomination as Commissioner” by section 12 of the Dhaka City Corporation (Amendment) Act, 1993 (Act No. VIII of 1993)",
"19 The words “as Mayor or a Commissioner” were substituted for the words “or nominated as a Commissioner” by section 12 of the Dhaka City Corporation (Amendment) Act, 1993 (Act No. VIII of 1993)",
"20 The words “as Mayor or” were substituted for the words “or nominated as” by section 12 of the Dhaka City Corporation (Amendment) Act, 1993 (Act No. VIII of 1993)",
"21 The semi-colon (;) was substituted for the full-stop (.) and clause (g) and explanation was inserted by section 5 of the Local Government Laws (Amendment) Act, 1987 (Act No. XXIII of 1987)",
"22 The semi-colon (;) was substituted for the full-stop (.) and clause (h) was inserted by section 4 of the Local Government Laws (Amendment) Act, 1990 (Act No. LVI of 1990)",
"23 Clauses (h) and (i) were substituted for former clause (h) by section 12 of the Dhaka City Corporation (Amendment) Act, 1993 (Act No. VIII of 1993)",
"24 Sub-sections (2A) and (2B) were inserted by section 12 of the Dhaka City Corporation (Amendment) Act, 1993 (Act No. VIII of 1993)",
"25 Sub-section (4) was added by section 12 of the Dhaka City Corporation (Amendment) Act, 1993 (Act No. VIII of 1993)",
"26 The words “office of Mayor and seat of Commissioners” were substituted for the words “seats of Commissioner and offices of Mayor and Deputy Mayor” by section 13 of the Dhaka City Corporation (Amendment) Act, 1993 (Act No. VIII of 1993)",
"27 The words “office of Mayor and seat of a Commissioner” were substituted for the words and commas “seat of Commissioner, other than an Official Commissioner, ” by section 13 of the Dhaka City Corporation (Amendment) Act, 1993 (Act No. VIII of 1993)",
"28 The words “the Mayor or a Commissioner” were substituted for the words “a Commissioner” by section 13 of the Dhaka City Corporation (Amendment) Act, 1993 (Act No. VIII of 1993)",
"29 The words “the Mayor or the Commissioner” were substituted for the words “the Commissioner” by section 13 of the Dhaka City Corporation (Amendment) Act, 1993 (Act No. VIII of 1993)",
"30 The words “the Mayor or the Commissioner” were substituted for the words “the Commissioner” by section 13 of the Dhaka City Corporation (Amendment) Act, 1993 (Act No. VIII of 1993)",
"31 The words “the Mayor or a Commissioner” were substituted for the words “a Commissioner” by section 13 of the Dhaka City Corporation (Amendment) Act, 1993 (Act No. VIII of 1993)",
"32 Sub-section (4) was substituted by section 13 of the Dhaka City Corporation (Amendment) Act, 1993 (Act No. VIII of 1993)",
"33 The words “term of Corporation” were substituted for the words “term of his office” by section 14 of the Dhaka City Corporation (Amendment) Act, 1993 (Act No. VIII of 1993)",
"34 The words “Mayor or” were omitted by section 10 of the Dhaka Municipal Corporation (Amendment) Ordinance, 1986 (Ordinance No. LIII of 1986)",
"35 The word “Deputy” was omitted by section 14 of the Dhaka City Corporation (Amendment) Act, 1993 (Act No. VIII of 1993)",
"36 The words “ninety days” were substituted for the words “one month” by section 14 of the Dhaka City Corporation (Amendment) Act, 1993 (Act No. VIII of 1993)",
"37 The words “Mayor and” were omitted by section 11 of the Dhaka Municipal Corporation (Amendment) Ordinance, 1986 (Ordinance No. LIII of 1986)",
"38 The word “Deputy” was omitted by section 15 of the Dhaka City Corporation (Amendment) Act, 1993 (Act No. VIII of 1993)",
"39 The words “Mayor and the” were omitted by section 11 of the Dhaka Municipal Corporation (Amendment) Ordinance, 1986 (Ordinance No. LIII of 1986)",
"40 The words “the Mayor” were substituted for the words “Deputy Mayors” by section 15 of the Dhaka City Corporation (Amendment) Act, 1993 (Act No. VIII of 1993)",
"41 The words “Mayor and” were inserted by section 16 of the Dhaka City Corporation (Amendment) Act, 1993 (Act No. VIII of 1993)",
"42 Section 17 was substituted by section 17 of the Dhaka City Corporation (Amendment) Act, 1993 (Act No. VIII of 1993)",
"43 The comma and words “, OTHER THAN IN RESERVED SEATS” were omitted by section 4 of the Dhaka City Corporation (Amendment) Act, 1999 (Act No. I of 1999).",
"44 Section 18 was substituted by section 5 of the Dhaka City Corporation (Amendment) Act, 1999 (Act No. I of 1999)",
"45 Section 20A was inserted by section 6 of the Dhaka City Corporation (Amendment) Act, 1999 (Act No. I of 1999)",
"46 Section 22 was substituted by section 20 of the Dhaka City Corporation (Amendment) Act, 1993 (Act No. VIII of 1993)",
"47 Section 23 was substituted by section 21 of the Dhaka City Corporation (Amendment) Act, 1993 (Act No. VIII of 1993)",
"48 The commas and words “, other than Commissioners in reserved seats,” were omitted by section 7 of the Dhaka City Corporation (Amendment) Act, 1999 (Act No. I of 1999)",
"49 The words and commas “elections of Mayor and Commissioners, other than the Commissioners in reserved seats,” were substituted for the words “elections of Commissioners” by section 22 of the Dhaka City Corporation (Amendment) Act, 1993 (Act No. VIII of 1993)",
"50 The commas and words “, other than the Commissioners in reserved seats,” were omitted by section 8 of the Dhaka City Corporation (Amendment) Act, 1999 (Act No. I of 1999)",
"51 The words “Mayor and Commissioners” were substituted for the word “Commissioner” by section 23 of the Dhaka City Corporation (Amendment) Act, 1993 (Act No. VIII of 1993)",
"52 The words and commas “Mayor and Commissioners, other than Commissioners in reserved seats,” were substituted for the word “Commissioners” by section 23 of the Dhaka City Corporation (Amendment) Act, 1993 (Act No. VIII of 1993)",
"53 The commas and words “, other than Commissioners in reserved seats,” were omitted by section 9 of the Dhaka City Corporation (Amendment) Act, 1999 (Act No. I of 1999)",
"54 Section 28A was inserted by section 25 of the Dhaka City Corporation (Amendment) Act, 1993 (Act No. VIII of 1993)",
"55 The words “the Deputy Mayors or” were omitted by section 24 of the Dhaka City Corporation (Amendment) Act, 1993 (Act No. VIII of 1993)",
"56 The commas and words “, or the Deputy Mayors,” were omitted by section 26 of the Dhaka City Corporation (Amendment) Act, 1993 (Act No. VIII of 1993)",
"57 The words and figure “the Commissioner authorised by the Mayor under section 17” were substituted for the words “the Deputy Mayor” by section 27 of the Dhaka City Corporation (Amendment) Act, 1993 (Act No. VIII of 1993)",
"58 The words “two thirds of the total number of” were substituted for the word “twenty four” by section 27 of the Dhaka City Corporation (Amendment) Act, 1993 (Act No. VIII of 1993)",
"59 The words and figure “by the Commissioner authorised by the Mayor under section 17” were substituted for the words “by the Deputy Mayor” by section 27 of the Dhaka City Corporation (Amendment) Act, 1993 (Act No. VIII of 1993)",
"60 Sub-section (7) was added by section 27 of the Dhaka City Corporation (Amendment) Act, 1993 (Act No. VIII of 1993)",
"61 The words “and the Deputy Mayors” were omitted by section 28 of the Dhaka City Corporation (Amendment) Act, 1993 (Act No. VIII of 1993)",
"62 The word “member” was substituted for the word “members” by section 28 of the Dhaka City Corporation (Amendment) Act, 1993 (Act No. VIII of 1993)",
"63 The words “one thousand seven hundred twenty five taka” were substituted for the words “one thousand taka” by section 29 of the Dhaka City Corporation (Amendment) Act, 1993 (Act No. VIII of 1993)",
"64 The comma and word “, pension” were omitted by section 5 of the Local Government Laws (Amendment) Act, 1988 (Act No. VIII of 1988)",
"65 The words “pension and” were omitted by section 5 of the Local Government Laws (Amendment) Act, 1988 (Act No. VIII of 1988)",
"66 The words “pension or” were omitted by section 5 of the Local Government Laws (Amendment) Act, 1988 (Act No. VIII of 1988)",
"67 Clause (ff) was inserted by section 5 of the Local Government Laws (Amendment) Act, 1988 (Act No. VIII of 1988)",
"68 The words and comma “the Deputy Mayor, and” were omitted by section 30 of the Dhaka City Corporation (Amendment) Act, 1993 (Act No. VIII of 1993)",
"69 The words and comma “the Deputy Mayor,” were omitted by section 31 of the Dhaka City Corporation (Amendment) Act, 1993 (Act No. VIII of 1993)",
"70 The words and comma “the Deputy Mayor,” were omitted by section 31 of the Dhaka City Corporation (Amendment) Act, 1993 (Act No. VIII of 1993)",
"71 The word “or” was added and thereafter the clause (e) was inserted by section 32 of the Dhaka City Corporation (Amendment) Act, 1993 (Act No. VIII of 1993)",
"72 The word and comma “Mayor,” were omitted by section 12 of the Dhaka Municipal Corporation (Amendment) Ordinance, 1986 (Ordinance No. LIII of 1986)",
"73 The word “Deputy” was omitted by section 32 of the Dhaka City Corporation (Amendment) Act, 1993 (Act No. VIII of 1993)",
"74 The words “by such person or authority as the Government may appoint in this behalf” were substituted for the words “by the Mayor” by section 32 of the Dhaka City Corporation (Amendment) Act, 1993 (Act No. VIII of 1993)",
"75 Section 151 was substituted by section 4 of the Local Government Laws (Amendment) Act, 1990 (Act No. LVI of 1990)",
"76 The words “or the Deputy Mayor” were omitted by section 33 of the Dhaka City Corporation (Amendment) Act, 1993 (Act No. VIII of 1993)",
"77 The words “or the Deputy Mayor” were omitted by section 34 of the Dhaka City Corporation (Amendment) Act, 1993 (Act No. VIII of 1993)",
"78 The words “or the Deputy Mayor” were omitted by section 34 of the Dhaka City Corporation (Amendment) Act, 1993 (Act No. VIII of 1993)",
"79 The words and comma “Deputy Mayor,” were omitted by section 35 of the Dhaka City Corporation (Amendment) Act, 1993 (Act No. VIII of 1993)",
"80 The comma and words “, the Deputy Mayors” were omitted by section 35 of the Dhaka City Corporation (Amendment) Act, 1993 (Act No. VIII of 1993)",
"81 Section 169A was inserted by section 3 of the Dhaka City Corporation (Amendment) Act, 2004 (Act No. XVIII of 2004)",
"82 The words “three Deputy Administrators” were substituted for the words “a Deputy Administrator” by section 2 of the Dhaka Municipal Corporation (Amendment) Ordinance, 1985 (Ordinance No. XXXI of 1985)",
"83 Section 170A was inserted by section 2 of the Dhaka Municipal Corporation (Second Amendment) Ordinance, 1984 (Ordinance No. LXI of 1984)"
],
"name": "The Dhaka City Corporation Ordinance, 1983",
"num_of_sections": 181,
"published_date": "24th August, 1983",
"related_act": [
417,
549,
518,
103,
377,
619,
24,
280,
281,
282,
283,
284,
702
],
"repelled": true,
"sections": [
{
"act_id": 648,
"details": "1. This Ordinance may be called the Dhaka 1City Corporation Ordinance, 1983.",
"name": "Short title",
"related_acts": "",
"section_id": 1
},
{
"act_id": 648,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (1) \t“annual letting value” means the annual rent at which a building or land exclusive of furniture or machinery contained or situated therein or thereon may reasonably be expected to be let from year to year, and shall include all payments made or agreed to be made by a tenant to the owner of the building or land on account of occupation, taxes, insurance or other charges incidental to the occupancy; (2) \t“budget” means an official statement of the income and expenditure of the Corporation for a financial year; (3) \t“building” includes any shop, house, hut, outhouse, shed, stable or enclosure built of any material and used for any purpose, and also includes a wall, well, verandah, platform, plinth and steps; (4) \t“building line” means a line beyond which the outer face of any part of an external wall of a building may not project in the direction of any street, existing or proposed; (5) \t“by laws” means by laws made under this Ordinance; (6) \t“casual vacancy” means a vacancy occurring otherwise than by efflux of time; (7)\t“Chief Executive Officer” means the Chief Executive Officer of the Corporation; (8) \t“City of Dhaka” or “City” means the area described in the First Schedule; (9) \t“Commissioner” means a Commissioner of the Corporation; (10) \t“Conservancy” means the removal and disposal of refuse; (11) \t“Corporation” means the Dhaka 2City Corporation constituted under this Ordinance; (12) \t“Corporation Fund” means the fund of the Corporation; (13) \t“dairy” includes any farm, cattle shed, cow house, milk store, milk-shop, or other place from where milk or milk products are supplied for sale; 3* * * (15) \t“drain” includes a sewer, a house drain, a drain of any other description, a tunnel, a culvert, a ditch, a channel and any other device for carrying of sullage or rain water; (16) \t“drug” means any substance used as medicine or in the composition or preparation of medicine, whether for internal or external use; (17) \t“dwelling house” means any building used or adopted to be used wholly or principally for human habitation; (18) \t“Election Commission” means the Election Commission for Bangladesh; (19) \t“erect or re-erect a building” means the construction of a new building and includes such material alterations of a building as may be prescribed; (20) \t“factory” has the meaning assigned to it under the Factories Act, 1965 (E.P. Act IV of 1965); (21) \t“food” includes every article used for food or drink by human beings, other than drugs or water, and any article which ordinarily enters into or is used in the composition or preparation of human food; and also includes confectionery, flavouring and colouring matters and spices and condiments; (22) \t“function” includes powers and duties; (23) \t“improvement trust” means any body or authority, including a development authority, entrusted with the functions of town improvement; (24) \t“infectious disease” means any disease which may be transmitted from one person to another and declared as such by the Government by notification in the official Gazette; (25) \t“land” includes land which is being built upon, or is built upon or is covered with water; (26) \t“market” means a place where persons assemble for the sale and pur┬¼chase of any commodity; (27) \t“Mayor” means the Mayor of the Corporation; (28) \t“nuisance” includes any act, omission, place of thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell or hearing or which is or may be dangerous to life or injuries to health or property; (29) \t“occupier” includes an owner in actual occupation of his own land or building and also any person for the time being paying or liable to pay to the owner the rent or any portion of the rent of the land or building in respect of which the word is used; (30) \t“owner” includes the person for the time being receiving the rent of land and building, or either of them whether on his own account or as agent or trustee for any person or society or for any religious or charitable purpose or who would so receive the same if land or building were let to a tenant; (31) \t“prescribed” means prescribed by rules made under this Ordinance; (32) \t“public place” means any building, premises or place to which the public have access; (33) \t“public street” means a street maintained by the Government; (34) \t“refuse” includes rubbish, offal, night soil, carcasses of animals, deposits of sewerage, waste and any other offensive matter; (35) \t“regulations” means regulations made under this Ordinance; (36) \t“rent” means whatever is lawfully payable in money or kind by a tenant or lessee on account of the occupation of any building or land; (37) \t“rate” means a levy specified in item numbers 13, 14, 15 and 16 of the Second Schedule; (38) \t“rules” means rules made under this Ordinance; (39) \t“street line” means a line dividing the land comprised in, and forming part of, a street from the adjoining land; (40) \t“sullage” includes sewerage, polluted water, rain water, and any other offensive matter carried by a drain; (41) \t“tax” includes any toll, cess, fee, or other impost leviable under this Ordinance; (42) \t“vehicle” means a wheeled conveyance capable of being used on a street; (43) \t“water work” includes a lake, stream, spring, well, pump, reservoir, cistern, tank, duct, sluice, pipe, culvert, engine and other appliances and anything for supplying or used for supplying water; and (44) \t“ward” means a ward delimited for the purpose of election of a Commissioner.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 648,
"details": "3. (1) As soon as may be after the commencement of this Ordinance, there shall be constituted, in accordance with the provisions of this Ordinance, for the City of Dhaka a Corporation to be called the Dhaka 4City Corporation. (2) The Corporation shall be a body corporate, having perpetual succession and a common seal, with powers, subject to the provisions of this Ordinance and the rules, to acquire, hold and dispose of property, both movable and immovable, and shall by the said name sue and be sued.",
"name": "Constitution of the Corporation",
"related_acts": "",
"section_id": 3
},
{
"act_id": 648,
"details": "53A. The Corporation area shall be an administrative unit of the Republic for the purpose of Article 59 of the Constitution of the People's Republic of Bangladesh.",
"name": "Corporation area to be an administrative unit",
"related_acts": "",
"section_id": 4
},
{
"act_id": 648,
"details": "64. (1) The Corporation shall consist of¬- (a)\ta Mayor; (b) \tsuch number of Commissioners as may be fixed by the Government; and (c) \tsuch number of Commissioners as are reserved exclusively for women under sub section (3). (2) The Mayor and the Commissioners shall be elected by direct election on the basis of adult franchise in accordance with the provisions of this Ordinance and the rules. (3) There shall be reserved, exclusively for women, such number of seats, hereinafter referred to as reserved seats, as is equivalent to one third of the number of Commissioners fixed by the Government under clause (b) of sub section (1). Explanation. In calculating the number of reserved seats under this sub section, if the number comprises a fraction of less than point five zero such fraction shall be ignored, and if the number comprises a fraction of point five zero or above such fraction shall be rounded off as a whole number. (4) Nothing in this section shall prevent a woman from being elected as a Commissioner specified in clause (b) of sub section (1). (5) The Mayor shall be deemed to be a Commissioner.",
"name": "Composition",
"related_acts": "",
"section_id": 5
},
{
"act_id": 648,
"details": "4A. Mayor.- Omitted by section 4 of the Dhaka City Corporation (Amendment) Act, 1993 (Act No. VIII of 1993), which was inserted by section 2 of the Dhaka Municipal Corporation (Amendment) Ordinance, 1986 (Ordinance No. LIII of 1986).",
"name": "Omitted",
"related_acts": "",
"section_id": 6
},
{
"act_id": 648,
"details": "5. Deputy Mayors.- Omitted by section 5 of the Dhaka City Corporation (Amendment) Act, 1993 (Act No. VIII of 1993).",
"name": "Omitted",
"related_acts": "",
"section_id": 7
},
{
"act_id": 648,
"details": "76. (1) The term of the Corporation shall be a period of five years commencing on the day of its first meeting after its constitution 8: Provided that, notwithstanding the expiration of its term, the Corporation shall continue to function until the first meeting of the Corporation constituted to succeed it. (2) Notwithstanding anything contained in this Ordinance, the Corporation shall be deemed to have been duly constituted after the election of seventy five per cent of the total number of its 9Commissioners 10* * * has taken place. Explanation. For calculating the seventy five per cent of the total number of 11* * * Commissioners, less than point five zero per cent shall be ignored and point five zero and above per cent shall be rounded off into a whole number.",
"name": "Term of the Corporation, etc.",
"related_acts": "",
"section_id": 8
},
{
"act_id": 648,
"details": "7A. Oath of Mayor.- Omitted by section 8 of the Dhaka City Corporation (Amendment) Act, 1993 (Act No. VIII of 1993), which was inserted by section 5 of the Dhaka Municipal Corporation (Amendment) Ordinance, 1986 (Ordinance No. LIII of 1986).",
"name": "Omitted",
"related_acts": "",
"section_id": 9
},
{
"act_id": 648,
"details": "7. 13(1) The Mayor and every Commissioner shall, before taking his office or seat, as the case may be, make and subscribe in the presence of such person as the Government may direct an oath or affirmation in the following form, namely:- “I, .........................................having been elected Mayor/ Commissioner of the Dhaka City Corporation do solemnly swear/affirm that I will bear true faith and allegiance to Bangladesh and that I will faithfully discharge the duties upon which I am about to enter.” (2) If a person sits or votes as a Commissioner before he makes or subscribes the oath or affirmation under sub-section (1), he shall be liable in respect of each day on which he sits or votes to a penalty of one hundred Taka to be recovered as an arrear of tax under this Ordinance.",
"name": "Oath of office",
"related_acts": "",
"section_id": 10
},
{
"act_id": 648,
"details": "8. 14The Mayor and every Commissioner 15* * * shall, before entering upon his office or taking his seat, submit to the Government in such manner as the Government may direct, a declaration in writing of properties, both movable and immovable, whether within or outside Bangladesh, which he or any member of his family owns, or which he has in his possession or under his control, or in which he or any member of his family has any beneficial interest. Explanation.- In this section, “member of his family”, in relation to a person, includes- (a)\t the spouse of such person, and (b)\tsuch of the children, parents, brothers and sisters as reside with and are wholly dependent upon such person.",
"name": "Declaration of properties",
"related_acts": "",
"section_id": 11
},
{
"act_id": 648,
"details": "169. (1) The Mayor may resign his office by writing under his hand addressed to the Government. (2) A Commissioner may resign his seat by writing under his hand addressed to the Mayor. (3) A resignation under sub section (1) or sub section (2) shall become effective on the date on which the notice of resignation is received by the addressee.",
"name": "Resignation of Mayor and Commissioners",
"related_acts": "",
"section_id": 12
},
{
"act_id": 648,
"details": "1710. (1) The Mayor or a Commissioner shall render himself liable to removal from his office or seat, as the case may be, if- (a)\the, without reasonable excuse, absents himself from three consecutive meetings of the Corporation; or (b)\the is involved in any activity prejudicial to the interest of the Corporation or of the state or is convicted for any offence relating to corruption or misconduct; or (c)\the refuses to perform or becomes disabled from performing his functions; or (d) \the is guilty of misconduct or abuse of power or is responsible for any loss or misapplication of money or property of the Corporation. Explanation. In this sub section, “misconduct” means misuse of powers, corruption, jobbery, favouritism, nepotism and wilful maladministration and includes any attempt at, or abetment of, such misconduct. (2) The Mayor or a Commissioner shall not be removed from his office or seat, as the case may be, on any ground mentioned in sub section (1), unless, after such inquiry as may be considered necessary, the Government declares, by an order in writing, that he is liable to be so removed: Provided that no such declaration shall be made unless the Mayor or Commissioner concerned has been given a reasonable opportunity of showing cause against the declaration proposed to be made with respect to him. (3) The Mayor or the Commissioner shall stand removed from his office or seat, as the case may be, as soon as a declaration under sub section (2) is made and approved by the President. (4) Notwithstanding anything contained in any other provisions of this Ordinance, a person who has been removed from his office or seat, as the case may be, under this section shall not, during the unexpired period of the term of the Corporation, be eligible for election to such office or seat.",
"name": "Removal of Mayor and Commissioners",
"related_acts": "",
"section_id": 13
},
{
"act_id": 648,
"details": "11. (1) A person shall, subject to the provisions of sub section (2), be qualified to be elected or 19as Mayor or a Commissioner if- (a) \the or she is a citizen of Bangladesh; (b) \the or she has attained the age of twenty five years of age in accordance with the existing electoral roll; (c) \this or her name appears on the electoral roll for any ward in the Corporation. (2) A person shall be disqualified for being elected 20as Mayor or a Commissioner if- (a)\the or she is declared by a competent Court to be of unsound mind; (b) \the or she is an undischarged insolvent; (c)\the or she has ceased to be a citizen of Bangladesh; (d) \the or she has been, (i) \ton conviction for any offence, sentenced to imprisonment for a term of not less than two years; or (ii) \ton conviction for any offence relating to corruption or criminal misconduct, sentenced to imprisonment for any term, unless a period of five years, or such less period as the Government may allow in any particular case, has elapsed since his or her release; (e) \the or she holds any full time office of profit in the service of the Republic or of the Corporation or of any other local authority; or (f) \the or she is a party to a contract for work to be done for, or goods to be supplied to, the Corporation, or has otherwise any pecuniary interest in its affairs, or is a dealer, for any area within the Corporation in essential commodities appointed by the Government 21; (g) \the or she has defaulted in repaying any loan taken by him or her from any specified bank within the time allowed by the bank therefore. Explanation. For the purposes of clause (g), “specified bank” means the Sonali Bank, the Agrani Bank and the Janata Bank constituted under the Bangladesh Banks (Nationalisation) Order, 1972 (P.O. No. 26 of 1972), the Shilpa Rin Sangstha established under the Shilpa Rin Sangstha Order, 1972 (P.O. No. 128 of 1972), the Bangladesh Shilpa Bank established under the Bangladesh Shilpa Bank Order, 1972 (P.O. No. 129 of 1972), the House Building Finance Corporation established under the House Building Finance Corporation Order, 1973 (P.O. No. 7 of 1973), the Krishi Bank established under the Krishi Bank Order, 1973 (P.O. No. 27 of 1973), the Investment Corporation of Bangladesh established under the Investment Corporation of Bangladesh Ordinance, 1976 (XL of 1976), the Rajshahi Krishi Unnayan Bank established under the Rajshahi Krishi Unnayan Bank Ordinance, 1986 (LVIII of 1986), and the Rupali Bank Limited 22; 23(h) \the or she is a defaulter in paying any of the tax, rate, cess, toll or fee levied under this Ordinance; (i)\the or she has been dismissed from the service of the Republic or of any local authority for misconduct involving moral turpitude and a period of five years has not elapsed since his or her dismissal. 24(2A) A person shall not at the same time, be a candidate for election to the office of Mayor or, as the case may be, seat of Commissioner. (2B) If a person offers himself, at the same time, to be a candidate for election to the office of Mayor or, seat of Commissioner, all his nomination papers shall stand void. (3) No person shall, at the same time, be a Commissioner in respect of two or more wards: Provided that nothing in this sub section shall prevent a person from being at the same time a candidate for two or more wards, but in the event of his being elected for more than one ward- (i) \twithin seven days after his last election, the person elected shall deliver to the Election Commission a signed declaration specifying the ward which he wishes to represent, and the seats of other wards for which he was elected shall thereupon become vacant; (ii) \tif the person elected fails to comply with clause (i), all seats for which he was elected shall fall vacant; and (iii) \tthe person elected shall not make or subscribe oath or affirmation of a Commissioner until the foregoing provisions of this proviso have been complied with. 25(4) When the office of Mayor falls vacant during the term of the Corporation, a Commissioner may contest the election to the office of Mayor, and if he is elected, his Commissionership shall cease on the date he makes the oath of office of Mayor.",
"name": "Qualifications and disqualifications for election as Mayor and Commissioner",
"related_acts": "377,417,518,702",
"section_id": 14
},
{
"act_id": 648,
"details": "12. (1) The 27office of Mayor and seat of a Commissioner shall become vacant if- (a)\the fails to make the oath referred to in section 7 within the period of thirty days after the date of publication of his name in the official Gazette, unless the Government, for good cause shown, extends the period; (b)\the resigns his seat under section 9; (c)\the is removed from his seat under section 10; (d)\the becomes subject to any of the disqualifications mentioned in section 11(2); or (e)\the dies. (2) and (2A) Omitted by section 13 of the Dhaka City Corporation (Amendment) Act, 1993 (Act No. VIII of 1993). (3) If any question arises as to whether 28the Mayor or a Commissioner has, after his election, become subject to any of the disqualifications mentioned in section 11(2), the Chief Executive Officer shall refer the question to the District Judge of Dhaka and, if the District Judge is of the opinion that 29the Mayor or the Commissioner has become subject to any such disqualification, 30the Mayor or the Commissioner shall cease to be 31the Mayor or a Commissioner, and his seat shall become vacant, with effect from the date on which the opinion is given. 32(4) Vacation of office of the Mayor or the vacation of every seat of a Commissioner shall be notified in the official Gazette.",
"name": "Vacation of office of Mayor and seat of Commissioners",
"related_acts": "",
"section_id": 15
},
{
"act_id": 648,
"details": "13. (1) Where the seat of a Commissioner becomes vacant not later than one hundred and eighty days before the 33term of Corporation is due to expire, an election to fill the seat shall be held within ninety days of the occurrence of the vacancy, and the person elected in such election shall hold office for the residue of such term. (2) Where the office of 34* * * 35* * * Mayor becomes vacant before the term of his office is due to expire, an election to fill the office shall be held within 36ninety days of the occurrence of such vacancy, and the person elected in such election shall hold office for the residue of such term.",
"name": "Casual vacancies",
"related_acts": "",
"section_id": 16
},
{
"act_id": 648,
"details": "14. A Commissioner shall be entitled to receive a daily allowance for attending any meeting of the Corporation or of any Standing Committee or other Committee thereof at such rate as may be fixed by the Corporation with the approval of the Government.",
"name": "Allowances of Commissioners",
"related_acts": "",
"section_id": 17
},
{
"act_id": 648,
"details": "15. The 39* * * 40the Mayor may be given such honorarium and other privileges as may be determined by the Corporation with the approval of the Government.",
"name": "Honorarium and other privileges of ****** Mayor",
"related_acts": "",
"section_id": 18
},
{
"act_id": 648,
"details": "16. (1) The Mayor may obtain report from the Chief Executive Officer or any other officer on any matter connected with municipal administration of the City. (2) A Commissioner shall have access during office hours to the records of the Corporation after giving due notice in writing to the Chief Executive Officer: Provided that if the Chief Executive Officer is of the opinion that such access should not be allowed in any case he may submit the matter to the Mayor whose decision thereon shall be final.",
"name": "Right of Mayor and Commissioners to have access to records",
"related_acts": "",
"section_id": 19
},
{
"act_id": 648,
"details": "4217. (1) When the Mayor is absent from his duties on account of illness or any other cause, a Commissioner authorised in writing by the Mayor shall perform the functions of the Mayor till the Mayor resumes his duties. (2) When the office of Mayor becomes vacant caused by resignation, removal or death, such Commissioner as may be directed by Government shall perform the functions of the Mayor till a new Mayor is elected and assumes his duties.",
"name": "Discharge of the functions of the Mayor during temporary absence and casual vacancy",
"related_acts": "",
"section_id": 20
},
{
"act_id": 648,
"details": "4418. For the purpose of election of Commissioners specified in clause (b) of sub section (1) of section 4, the City shall be divided into as many wards as there are number of Commissioners fixed under that clause.",
"name": "Division of the City into wards",
"related_acts": "",
"section_id": 21
},
{
"act_id": 648,
"details": "19. (1) The Election Commission may, by notification in the official Gazette, appoint from amongst persons in the service of the Republic a delimitation officer and as many assistant delimitation officers as it may deem necessary for the delimitation of wards. (2) An Assistant delimitation officer shall assist the delimitation officer in the performance of his functions and may perform, under the control of the delimitation officer, the functions of the delimitation officer.",
"name": "Appointment of delimitation officer",
"related_acts": "",
"section_id": 22
},
{
"act_id": 648,
"details": "4520A. For the purpose of election of Commissioners for reserved seats the delimitation officer shall- (a)\tat the time of division the City into wards under section 18,¬ simultaneously cause the number of wards fixed under that section to be grouped into as many wards as there are number of reserved seats fixed under sub section (3) of section 4; and (b)\tin delimiting the groups under clause (a), follow the procedure laid down in section 20 as far as possible.",
"name": "Delimitation of wards for reserved seats",
"related_acts": "",
"section_id": 23
},
{
"act_id": 648,
"details": "20. (1) The wards shall be delimited having regard to territorial unity and, so far as practicable, to distribution of population. (2) The delimitation officer may, for the purpose of delimiting the wards make such enquiries and examine such records as he may deem necessary and consider such representations as may be received by him, and shall publish in the prescribed manner a preliminary list of wards specifying the areas proposed to be included in each such ward together with a notice inviting objections or suggestions within a prescribed period. (3) The objection or suggestion, if any, received under sub section (2) shall be disposed of in such manner as may be prescribed. (4) The delimitation officer shall make such amendments, alterations or modifications in the preliminary list published under sub section (2) as may be required by any decision on any objection or suggestion and may also make such other amendments, alterations or modifications in the said list as may be necessary for correcting any error or omission. (5) After making amendments, alterations or modifications, if any, under sub section (4), the delimitation officer, shall publish in the prescribed manner the final list of wards, specifying the areas included in each such ward.",
"name": "Delimitation of wards",
"related_acts": "",
"section_id": 24
},
{
"act_id": 648,
"details": "21. (1) There shall be an electoral roll for each ward to be prepared by the Election Commission. (2) A person shall be entitled to be enrolled on the electoral roll for a ward if he- (a)\tis a citizen of Bangladesh; (b)\tis not less than eighteen years of age; (c)\tdoes not stand declared by a competent Court to be of unsound mind; and (d)\tis or is deemed to be a resident of that ward.",
"name": "Electoral roll",
"related_acts": "",
"section_id": 25
},
{
"act_id": 648,
"details": "4622. Every person whose name is for the time being entered in the electoral roll of a ward shall be entitled to vote at an election of a Commissioner for that ward and at an election of Mayor.",
"name": "Right to vote",
"related_acts": "",
"section_id": 26
},
{
"act_id": 648,
"details": "4723. A general election of Mayor and Commissioners 48* * * shall be held- (a) \tfor the purpose of constituting the Corporation under section 3, as soon as may be, after the Commencement of this Ordinance; (b) \tfor the purpose of reconstituting the Corporation after the expiration of the term of the Corporation, within the period of one hundred and eighty days preceding such expiration; (c) \tfor the purpose of reconstituting the Corporation after the expiration of the period of supersession of the Corporation, if any, before such expiration: Provided that the persons elected at a general election under clause (b) or (c) shall not enter upon the office as Mayor or Commissioner of the Corporation except after the expiration of the term of the Corporation or the period of supersession of the Corporation, as the case may be.",
"name": "General election of Mayor and Commissioners",
"related_acts": "",
"section_id": 27
},
{
"act_id": 648,
"details": "24. All 49elections of Mayor and Commissioners 50* * * shall be organised, held and conducted by the Election Commission in accordance with the rules, and such rules may provide for all or any of the following matters, namely:- (a)\tthe appointment of returning officers, assistant returning officers, presiding officers and polling officers for the conduct of elections and powers and duties of such officers; (b)\tthe nomination of candidates, objections to nominations and scrutiny of nominations; (c)\tthe deposits to be made by candidates and the circumstances under which such deposits may be refunded to candidates or forfeited to the Corporation; (d)\tthe withdrawal of candidatures; (e)\tthe appointment of agents of candidates; (f)\tthe procedure in contested and uncontested elections; (g)\tthe date, time and place for poll and other matters relating to the conduct of elections; (h)\tthe manner in which votes are to be given; (i)\tthe scrutiny and counting of votes, the declaration of the results and procedure to be followed in case of equality of votes; (j) \tthe custody and disposal of ballot papers and other papers relating to elections; (k)\tthe circumstances under which polls may be suspended and fresh polls may be held; (l)\tthe election expenses; (m)\tthe corrupt or illegal practices and other election offences and penalties therefor; (n)\tthe election disputes and the submission, trial and disposal of election petitions; and (o)\tany other matter connected with or incidental to elections.",
"name": "Conduct of elections",
"related_acts": "",
"section_id": 28
},
{
"act_id": 648,
"details": "25. The names of all persons elected as 52Mayor and Commissioners 53* * * shall, as soon as may be, after such election, be published by the Election Commission in the official Gazette.",
"name": "Publication of results of elections of Mayor and Commissioners",
"related_acts": "",
"section_id": 29
},
{
"act_id": 648,
"details": "26. Subject to rules and such directions as the Government may from time to time give, and within the limits of the fund at its disposal, the Corporation shall undertake such of the functions given in detail in Part IV as are required to be undertaken by the Corporation, and may undertake-¬ (a)\tall or any of the functions so given which may be undertaken by the Corporation; and (b)\tsuch other functions as are declared by the Government to be appropriate matters for administration by the Corporation.",
"name": "Functions of the Corporation",
"related_acts": "",
"section_id": 30
},
{
"act_id": 648,
"details": "27. Notwithstanding anything in this Ordinance, or in any other law for the time being in force, the Government may from time to time direct that, subject to such terms and conditions as may be specified in the direction,- (a)\tany institution or service maintained by the Corporation shall be transferred to the management and control of the Government; and (b)\tany institution or service maintained by the Government shall be transferred to the management and control of the Corporation.",
"name": "Transfer of functions from Corporation to Government and vice versa",
"related_acts": "",
"section_id": 31
},
{
"act_id": 648,
"details": "5428A. (1) For the purpose of better administration and proper conduct of business of the Corporation, the Government may, by order in writing, divide the City into such number of Zones as it may deem fit. (2) There shall be a Zonal office for every Zone and it shall perform such functions as may be assigned to it by the Corporation. (3) Every Zonal office shall perform its functions under the supervision and control of the Mayor and in accordance with the rules.",
"name": "Division of City into Zones",
"related_acts": "",
"section_id": 32
},
{
"act_id": 648,
"details": "28. (1) The executive powers of the Corporation shall extend to the doing of all acts necessary for the due discharge of its functions under this Ordinance. (2) Save as otherwise provided in this Ordinance and the rules, the executive powers of the Corporation shall vest in and be exercised by the Mayor, either directly or through 55* * * the Chief Executive Officer or through other officers authorised by him, in accordance with this Ordinance and the rules. (3) All acts of the Corporation, whether executive or not, shall be expressed to be taken in the name of the Corporation and shall be authenticated in the manner prescribed.",
"name": "Executive powers",
"related_acts": "",
"section_id": 33
},
{
"act_id": 648,
"details": "29. All business of the Corporation shall, to the extent and in the manner prescribed, be disposed of at its meetings, or at the meetings of its Standing Committees or by the Mayor, 56*** or by the Chief Executive Officer or other officers and employees of the Corporation.",
"name": "Disposal of business",
"related_acts": "",
"section_id": 34
},
{
"act_id": 648,
"details": "30. (1) The Corporation shall meet at least once in each month for the transaction of business. (2) The Mayor or, in his absence, 57the Commissioner authorised by the Mayor under section 17 may, whenever he thinks fit, and shall, upon a requisition made in writing by not less than 58two thirds of the total number of Commissioners, call a meeting of the Corporation. (3) No business of the Corporation shall be transacted at any meeting unless a quorum of one third of the total number of Commissioners is present throughout the meeting. (4) All matters required to be decided by the Corporation shall, save as otherwise provided in this Ordinance, be decided by the majority of the votes of the Commissioners present and voting. (5) Each Commissioner shall have one vote, but in the event of an equality of votes, the person presiding shall have a second or casting vote. (6) All meetings of the Corporation shall be presided over by the Mayor or, in his absence, 59by the Commissioner authorised by the Mayor under section 17 or, in the absence of both; by a Commissioner chosen for that purpose by the Commissioners present. 60(7) Such officials as may be specified by the Government shall be invited by the Corporation to attend the meetings of the Corporation and to participate in the deliberation thereof but they shall not have any right to vote.",
"name": "Meetings",
"related_acts": "",
"section_id": 35
},
{
"act_id": 648,
"details": "31. (1) The Corporation shall, at its first meeting, in each year, or as soon as may be at any meeting subsequent thereto, constitute Standing Committees for dealing respectively with¬- (a) \tFinance and Establishment; (b) \tEducation; (c) \tHealth, Family Planning and Sanitation including Drainage; (d) \tTown Planning and Improvement; (e) \tAudit and Accounts; (f ) \tWorks and Buildings; (g) \tWater and Electricity; and (h) \tSocial Welfare and Community Centres. (2) The Corporation may, with the previous approval of the Government, constitute additional Standing Committees for such purpose as the Corporation thinks fit. (3) A Standing Committee shall consist of not more than six members who shall be elected by the Commissioners from amongst themselves, but no Commissioner shall, at the same time be a member of more than two Standing Committees: Provided that the Mayor 61* * * shall ex officio be 62member of all the Standing Committees. (4) A Standing Committee shall elect one of its members to be its Chairman and another member to be its Vice-Chairman. (5) An elected Chairman or Vice Chairman or member of a Standing Committee may resign his office by writing under his hand addressed to the Mayor and such resignation shall become effective on the date on which the notice is received by the Mayor. (6) A casual vacancy in the office of an elected Chairman or Vice-Chairman or member of a Standing Committee shall be filled by election of a new Chairman or Vice Chairman or member and such Chairman or Vice-Chairman or member shall hold office for the residue of the term of his predecessor. (7) A Standing Committee shall continue to function until the first meeting of the Standing Committee constituted to succeed it.",
"name": "Constitution of Standing Committees",
"related_acts": "",
"section_id": 36
},
{
"act_id": 648,
"details": "32. (1) The Corporation shall, by regulations, determine the functions of each Standing Committee. (2) All proceedings of a Standing Committee shall be subject to confirmation by the Corporation.",
"name": "Functions of Standing Committees",
"related_acts": "",
"section_id": 37
},
{
"act_id": 648,
"details": "33. The Corporation may constitute such other committee or committees consisting of such number of members chosen from amongst the Commissioners for such purpose as it thinks fit.",
"name": "Constitution of other committee",
"related_acts": "",
"section_id": 38
},
{
"act_id": 648,
"details": "34. (1) The Corporation or any Standing Committee or other committee thereof may associate with itself any person whose assistance or advice it may desire for carrying out any of its functions. (2) Any person associated with the Corporation or any Standing Committee or other committee for any purpose under sub section (1) shall have a right to take part in the discussion of the Corporation or of the Standing Committee or other committee as the case may be but shall not have a right to vote.",
"name": "Association with the Corporation, etc., of persons not being Commissioners",
"related_acts": "",
"section_id": 39
},
{
"act_id": 648,
"details": "35. (1) Every meeting of the Corporation shall be open to the public unless a majority of the Commissioners present at the meeting decide that any inquiry or deliberation pending before the Corporation shall be held in private. (2) The Corporation may make regulations for regulating the admission of the members of the public to its meetings and for the removal by force, of necessary, of any member of the public admitted to a meeting for interrupting or disturbing the proceedings of the meeting.",
"name": "Meetings to be ordinarily open to the public",
"related_acts": "",
"section_id": 40
},
{
"act_id": 648,
"details": "36. No Commissioner shall vote at a meeting of the Corporation or of any Standing Committee or other committee thereof on any question relating to his own conduct or vote or take part in any discussion on any matter which affects his pecuniary interest or any property in respect of which he is a manager or agent.",
"name": "Commissioners not to vote on matters in which they are interested",
"related_acts": "",
"section_id": 41
},
{
"act_id": 648,
"details": "37. Subject to this Ordinance, the Corporation may make regulations for the procedure and the conduct of business at its meetings and at meetings of the Standing Committees and other committees thereof.",
"name": "Regulations for procedure and conduct of business at meetings",
"related_acts": "",
"section_id": 42
},
{
"act_id": 648,
"details": "38. (1) The minutes of the proceedings of every meeting of the Corporation or of every Standing Committee or other committee thereof shall state, among other things, the names of the Commissioners or members present and shall be drawn up and recorded in a book to be kept for the purpose, and shall be signed by the person presiding at the meeting and shall be laid before the next ensuing meeting of the Corporation or of the Standing Committee or other committee, as the case may be. (2) The minutes referred to in sub-section (1) shall, all reasonable times, be kept open at the Corporation's office for inspection by any Commissioner without charge and by any other person on payment of a fee of Taka one. (3) The Chief Executive Officer shall forward to the Government a copy of the minutes of the proceedings of each meeting of the Corporation within ten days from the date on which such minutes are signed.",
"name": "Keeping of minutes of proceedings",
"related_acts": "",
"section_id": 43
},
{
"act_id": 648,
"details": "39. (1) No act done or proceeding taken under this Ordinance shall be questioned on the ground merely of - (a) \tthe existence of any vacancy in, or any defect in the constitution of, the Corporation or any Standing Committee or other committees thereof; (b) any Commissioner having voted or taken part in any proceedings in contravention of section 36, or (c) \tany defect or irregularity not affecting the merits of the case. (2) Every meeting of the Corporation or of any Standing Committee or other committee thereof the minutes of the proceedings of which have been duly drawn up and signed shall be deemed to have been duly convened and to be free from all defects and irregularities.",
"name": "Validation of acts and proceedings",
"related_acts": "",
"section_id": 44
},
{
"act_id": 648,
"details": "40. (1) All contracts made by or on behalf of the Corporation shall be- (a)\tin writing and expressed to be made in the name of the Corporation; (b)\texecuted in such manner as may be prescribed; and (c)\treported to the Corporation by the Chief Executive Officer at the meeting next following the execution of the contract. (2) The Corporation may, by resolution, lay down the procedure that shall regulate the making of various contracts, and in the execution of contracts, the Chief Executive Officer shall act in accordance with such resolution. (3) No contract executed otherwise than in conformity with the provisions of this section shall be binding on the Corporation.",
"name": "Contracts",
"related_acts": "",
"section_id": 45
},
{
"act_id": 648,
"details": "41. The Government may, by rules, provide for- (a)\tthe preparation of plans and estimates for works to be executed by the Corporation; (b)\tthe authority by whom and the conditions subject to which such plans and estimates shall be technically approved and administratively sanctioned; and (c)\tthe agency by which such plans and estimates shall be prepared and such works shall be executed.",
"name": "Works",
"related_acts": "",
"section_id": 46
},
{
"act_id": 648,
"details": "42. The Corporation shall- (a)\tmaintain such record of its working as may be prescribed; (b)\tprepare and publish such periodical reports and returns as may be prescribed; and (c)\tadopt such other measures as may be necessary, or may be specified by the Government from time to time, for the publication of information about the working of the Corporation.",
"name": "Record, reports and returns",
"related_acts": "",
"section_id": 47
},
{
"act_id": 648,
"details": "43. (1) There shall be a Chief Executive Officer of the Corporation who shall be appointed by the Government on such terms and conditions as may be determined by it. (2) The Chief Executive Officer shall hold office for a period of three years which may be extended by the Government for a further period or periods not exceeding one year at a time. (3) Notwithstanding anything contained in sub section (2), the Government may, at any time, terminate the appointment of the Chief Executive Officer, and shall do so if, at a special meeting of the Corporation called for the purpose, a resolution for such termination has been passed by the votes of not less than three fifths of the total number of Commissioners: Provided that if the Chief Executive Officer is a person in the service of the Republic, no such special meeting shall be called and no such resolution shall be moved, except after giving one month's notice to the Government. (4) If the Chief Executive Officer is unable to perform the functions of his office on account of absence, illness or any other cause, the Government may appoint another person to officiate as Chief Executive Officer in his place.",
"name": "Chief Executive Officer",
"related_acts": "",
"section_id": 48
},
{
"act_id": 648,
"details": "44. (1) Save as otherwise provided in this Ordinance and the rules, the Mayor, if he deems necessary, may delegate any of his executive powers to the Chief Executive Officer and such delegated powers shall be exercised by him in accordance with this Ordinance and the rules. (2) In exercising his powers, the Chief Executive Officers shall be responsible to the Mayor.",
"name": "Power of the Chief Executive Officer",
"related_acts": "",
"section_id": 49
},
{
"act_id": 648,
"details": "45. On the occurrence or threatened occurrence of any accident or any unforeseen event or natural calamity involving, or which is likely to involve, extensive damage to any property of the Corporation or danger to human life, the Chief Executive Officer shall take such immediate action as he considers necessary and make report forthwith to the Corporation or the Standing Committee concerned of the action taken by him and the reason therefore and also of the cost, if any, incurred or likely to be incurred in consequence of such action.",
"name": "Extraordinary powers of Chief Executive Officer",
"related_acts": "",
"section_id": 50
},
{
"act_id": 648,
"details": "46. The Chief Executive Officer shall be responsible for the custody of all records, including in particular all papers and documents connected with the proceedings of the Corporation, Standing Committees and other committees.",
"name": "Chief Executive Officer to be custodian of records",
"related_acts": "",
"section_id": 51
},
{
"act_id": 648,
"details": "47. The Chief Executive Officer shall have the same right of being present at any meeting of the Corporation or of any Standing Committee or other committee thereof and of taking part in the discussions thereat as if he were a Commissioner or a member of such committee, and may, at any time, with the consent of the person presiding at the meeting, make a statement or explanation of facts, but he shall not vote upon, or move, any motion at such meeting.",
"name": "Right of Chief Executive Officer to be present at meetings",
"related_acts": "",
"section_id": 52
},
{
"act_id": 648,
"details": "48. (1) The Chief Executive Officer shall from time to time prepare and lay before the Corporation a schedule setting forth the posts which should, in his opinion, constitute the Corporation establishment. (2) The Corporation shall, with the previous approval of the Government, sanction such schedule, with or without modifications, and may, with such approval from time to time, amend it either of its own motion after ascertaining the opinion of the Chief Executive Officer or at the instance of the Chief Executive Officer.",
"name": "Schedule of posts",
"related_acts": "",
"section_id": 53
},
{
"act_id": 648,
"details": "49. No person shall be appointed to any post in the Corporation unless the post is included in the schedule for the time being in force prepared and sanctioned under section 48.",
"name": "No appointment to be made to any post not included in the schedule",
"related_acts": "",
"section_id": 54
},
{
"act_id": 648,
"details": "50. Subject to this Ordinance, appointments to the Corporation establishment shall be made- (a)\tby the Mayor, if the maximum salary of the office or post exceeds 63one thousand seven hundred twenty five taka per month; (b)\tby the Chief Executive Officer, in all other cases with the approval of the Mayor.",
"name": "Appointing authorities",
"related_acts": "",
"section_id": 55
},
{
"act_id": 648,
"details": "51. The Corporation may, in the prescribed manner, - (a) \testablish and maintain a Provident Fund and require any of its officers or other employees to contribute to such Fund and may itself contribute to it in such manner and proportion as may be prescribed;\t\t(b) \tprovide for the payment of 65* * * gratuity to its officers and other employees after retirement; (c) \tgrant a special 66* * * gratuity to the family of any of its officers or other employees who dies of disease or injury contracted or suffered in the discharge of his duties; (d) \toperate scheme of social insurance for its officers and other employees and require them to subscribe to it; (e) \testablish and maintain a Benevolent Fund out of which shall be paid such relief as may be prescribed.",
"name": "Provident Fund*** and other facilities for officers, etc.",
"related_acts": "",
"section_id": 56
},
{
"act_id": 648,
"details": "52. (1) An officer or other employee of the Corporation may be censured, fined, reduced in rank, compulsorily retired, suspended, removed or dismissed, or his increment or promotion may be withheld, for any breach of any departmental regulation or discipline or for any carelessness or negligence of duty or for corruption or other misconduct by such authority and in such manner as may be prescribed: Provided that no such officer or other employee shall be removed or dismissed or reduced in rank by an authority subordinate to that by which he was appointed. (2) No such officer or other employee shall be removed or dismissed or reduced in rank unless he has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him: Provided that this sub section shall not apply- (a) \twhere an officer or the employee is removed or dismissed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge; or (b) \twhere the authority empowered to remove or dismiss an officer or other employee or to reduce him in rank is satisfied that for some reason to be recorded by that authority in writing it is not reasonably practicable to give that officer or other employee an opportunity of showing cause. (3) Any officer or other employee upon whom a punishment has been inflicted under this section may appeal to such authority as may be specified by rules.",
"name": "Punishment of officers and employees",
"related_acts": "",
"section_id": 57
},
{
"act_id": 648,
"details": "53. The Chief Executive Officer shall be the Principal Officer of the Corporation and all officers and other employees of the Corporation shall be subordinate to the Chief Executive Officer who shall specify the duties of, and exercise supervision and control over, such officers and other employees.",
"name": "Officers and employees to be subordinate to Chief Executive Officer",
"related_acts": "",
"section_id": 58
},
{
"act_id": 648,
"details": "54. Subject to the provisions of this Ordinance, the Government may by rules- (a)\tprescribe the conditions of service of the officers and other employees of the Corporation; (b)\tprescribe the qualifications for various posts under the Corporation; (c)\tprescribe the principles to be followed in making appointments to various posts under the Corporation; (d)\tfix the amount and nature of security, if any, to be furnished by the officers and other employees of the Corporation; (e)\tregulate the grant of leave and leave allowance to the officers and other employees of the Corporation; (f)\tregulate the conduct of the officers and other employees of the Corporation; 67(ff) \tprovide for transfer of officers and other employees of the Corporation to any other local authority; (g)\tprovide for other matters necessary for the efficient discharge of duties by the officers and other employees of the Corporation.",
"name": "Terms and conditions of service",
"related_acts": "",
"section_id": 59
},
{
"act_id": 648,
"details": "55. (1) There shall be formed a fund for the Corporation which shall be known as the Corporation Fund. (2) To the credit of the Corporation Fund formed under sub section (1) shall be placed- (a)\tthe proceeds of all taxes, rates, cesses, tolls, fees and other charges levied by the Corporation under this Ordinance; (b)\tall rents and profits payable or accruing to the Corporation from the property vested in or managed by the Corporation; (c)\tall sums received by the Corporation in the performance of its functions under this Ordinance or under any other law for the time being in force; (d)\tall sums contributed by individuals or institutions or other local authorities; (e)\tall receipts accruing from the trusts placed under the management of the Corporation; (f)\tall grants made by the Government or other authorities; (g) \tall loans raised and all profits accruing from investment; and (h)\tsuch proceeds from such sources of income as the Government may direct to be placed at the disposal of the Corporation.",
"name": "Constitution of Corporation Fund",
"related_acts": "",
"section_id": 60
},
{
"act_id": 648,
"details": "56. (1) The moneys credited to the Corporation Fund shall be kept in a Bank transacting the business of a Government Treasury or in such other manner as may be specified by the Government from time to time. (2) The Corporation may invest any portion of the Corporation Fund in such manner as may be prescribed. (3) The Corporation may, and if required by the Government shall, establish and maintain a separate fund for any special purpose, which shall be administered and regulated in such manner as may be prescribed.",
"name": "Custody or investment of Corporation Fund and establishment of special funds",
"related_acts": "",
"section_id": 61
},
{
"act_id": 648,
"details": "57. The moneys credited from time to time to the Corporation Fund shall be applied in the following order of preference:- firstly,\tin the payment of salaries and allowances to the Chief Executive Officer and other officers and employees of the Corporation; secondly,\tin the repayment of loans; thirdly,\tin meeting the expenditure charged on the Corporation Fund under this Ordinance; fourthly,\tin the fulfilment of any obligation and in the discharge of any duty imposed on the Corporation under this Ordinance or under any other law for the time being in force; fifthly,\tin meeting the expenditure declared by the Corporation, with the previous sanction of the Government, to be an appropriate charge on the Corporation Fund; and sixthly,\tin meeting the expenditure declared by the Government to be an appropriate charge on the Corporation Fund.",
"name": "Application of Corporation Fund",
"related_acts": "",
"section_id": 62
},
{
"act_id": 648,
"details": "58. (1) The following expenditure shall be charged on the Corporation Fund, namely:- (a) \tall sums to be paid to, or in connection with the employment of, the Chief Executive Officer and other officers and employees of the Corporation and any Government servant who is or has been in the service of the Corporation; (b) \tsuch sums as the Corporation may be required by the Government to contribute towards the conduct of elections, the auditing of accounts and such other matters as may from time to time be specified by the Government; (c) \tany sum required to satisfy any judgement, decree or award against the Corporation by any Court or tribunal; and (d) \tany expenditure declared by the Government to be so charged. (2) If any expenditure charged on the Corporation Fund is not paid, the Government may, by order, direct the person or persons having the custody of the Corporation Fund to pay such amount or so such thereof as may from time to time be possible, from the balance of the Corporation Fund.",
"name": "Charged expenditure",
"related_acts": "",
"section_id": 63
},
{
"act_id": 648,
"details": "59. No payment of any sum out of the Corporation Fund shall be made unless the expenditure of the same is covered by a current budget grant and a sufficient balance of such budget grant is still available: Provided that this section shall not apply to payments made under section 58.",
"name": "Payments not to be made unless covered by a budget grant",
"related_acts": "",
"section_id": 64
},
{
"act_id": 648,
"details": "60. (1) On a written requisition from the Government, the Mayor may at any time undertake the execution of any work which may be urgently required in the interest of public service, and for this purpose may temporarily make payments from the Corporation Fund so far as the sum can be met without unduly interfering with the regular working of the Corporation administration. (2) The cost of all works so executed and all the establishments engaged in executing the same shall be paid by the Government and credited to the Corporation Fund. (3) On receipt of any requisition under sub section (1), the Mayor shall report to the Corporation the steps taken by him in pursuance of the same.",
"name": "Temporary payments from Corporation Fund for works urgently required for public service",
"related_acts": "",
"section_id": 65
},
{
"act_id": 648,
"details": "61. (1) The Corporation shall, in the prescribed manner, prepare and sanction, before the first day of June each year, a statement of its estimated receipts and expenditure for the next ensuing financial year hereinafter referred to as the Budget, and forward a copy thereof to the Government. (2) If the budget is not prepared or sanctioned by the Corporation before the first day of June as mentioned in sub section (1), the Government may have the necessary statement prepared and certify it, and such certified statement shall be deemed to be the sanctioned budget of the Corporation. (3) Within thirty days of the receipt of the copy of a budget under sub section (1), the Government may, by order, modify it, and the budget so modified shall be deemed to be the sanctioned budget of the Corporation. (4) At any time before the expiry of the financial year to which a budget relates, a revised budget for the year may, if necessary, be prepared and sanctioned, and such revised budget shall, so far as may be, be subject to the provisions of this section. (5) Where the Corporation assumes office under this Ordinance for the first time, its budget for the financial year during which it assumes office shall relate to the remaining period of that year, and the other provisions of this section shall mutatis mutandis apply.",
"name": "Budget",
"related_acts": "",
"section_id": 66
},
{
"act_id": 648,
"details": "62. (1) Accounts of the receipts and expenditure of the Corporation shall be kept in the prescribed manner and form. (2) An annual statement of the accounts shall be prepared after the close of every financial year, and shall be forwarded to the Government by the thirty-first December of the following financial year. (3) A copy of the annual statement of accounts shall be placed at a conspicuous place in the office of the Corporation for public inspection, and all objections or suggestions concerning such accounts received from the public shall be considered by the Corporation and brought to the notice of the audit authority referred to in section 63.",
"name": "Accounts",
"related_acts": "",
"section_id": 67
},
{
"act_id": 648,
"details": "63. (1) The accounts of the Corporation shall be audited every year by the Comptroller and Auditor-General of Bangladesh (hereinafter in this section referred to as the Auditor General) in such manner as he deems fit. (2) For the purpose of an audit under sub section (1), the Auditor-General or any person authorised by him in that behalf shall have access to all records, books, vouchers, documents, cash, stamps, securities, stores and other property of the Corporation and may examine the Mayor, 68* * * Commissioner, the Chief Executive Officer or any other officer or employee of the Corporation. (3) On the completion of the audit, the Auditor General shall submit to the Government an audit report which shall, among other things, mention- (a) \tcases of embezzlement; (b) \tcases of loss, waste or misappropriation of the Corporation Fund; (c) \tcases of other irregularities in the maintenance of accounts; and (d) \tthe names of the persons who, in his opinion, are directly or indirectly responsible for such embezzlement, loss, waste, misappropriation or irregularities.\t\t(4) The Auditor General shall send to the Corporation a copy of the audit report submitted by him to the Government under sub section (3). (5) The Corporation shall forthwith remedy any defects or irregularities that may be pointed out by the Auditor General and shall report to the Government the action taken by it. (6) The Corporation shall publish the audit report with its replies to each item thereof within three months of the receipt by it of the copy thereof and shall make the same available for sale to the public.",
"name": "Audit",
"related_acts": "",
"section_id": 68
},
{
"act_id": 648,
"details": "64. (1) Subject to the provisions of this Ordinance, the rules, the Local Authorities Loans Act, 1914 (IX of 1914), and any other law for the time being in force, the Corporation may, with the previous sanction of the Government raise loans in the prescribed manner, and make suitable arrangements, to the satisfaction of the Government, for the repayment of the loans in such instalments as may be fixed. (2) The Corporation may, and if required by the Government shall, establish and maintain such separate funds as may be necessary for the repayment of loans, and the Government may, among other things, require that any specified item of income of the Corporation shall wholly or in part be earmarked for and apply in the repayment of loans.",
"name": "Loans",
"related_acts": "103",
"section_id": 69
},
{
"act_id": 648,
"details": "65. (1) The Government may by rules- (a)\tprovide for the management, maintenance, improvement and development of the property belonging to or vesting in the Corporation; (b)\tregulate the alienation of such property; and (c)\tprovide for the compulsory acquisition of such immovable property as may be required by the Corporation for the purposes of this Ordinance. (2) The Corporation may- (a) \tmanage, maintain, inspect, develop or improve any property which is owned by or vests in it or which is placed under its charge; (b)\tapply such property for the purposes of this Ordinance or the rules; and (c)\tacquire or transfer by grant, gift, sale, mortgage, lease, exchange or otherwise any property with the previous sanction of the Government.",
"name": "Property of the Corporation",
"related_acts": "",
"section_id": 70
},
{
"act_id": 648,
"details": "66. The Mayor, 69* * * every Commissioner, the Chief Executive Officer and every other officer or employee of the Corporation and every person charged with the administration of the affairs of the Corporation or acting on behalf of the Corporation, shall be liable for the loss, waste or misapplication of any money or property belonging to the Cor¬poration, which is a direct consequence of his negligence or misconduct, and the liability of the Mayor, 70* * * the Commissioner, the Chief Executive Officer or other officer or employee or person shall be determined by the Government in the prescribed manner, and the amount for which he is held liable shall be recoverable as a public demand.",
"name": "Recovery against liabilities",
"related_acts": "",
"section_id": 71
},
{
"act_id": 648,
"details": "67. The Corporation, with the previous sanction of the Government, may levy, in the prescribed manner, all or any of the taxes, rates, cesses, tolls, and fees mentioned in the Second Schedule.",
"name": "Corporation taxation",
"related_acts": "",
"section_id": 72
},
{
"act_id": 648,
"details": "68. (1) All taxes, rates, cesses, tolls and fees levied by the Corporation shall be notified in the official Gazette and, unless otherwise directed by the Government, shall be subject to previous publication. (2) Where a proposal for the levy of a tax, rate, cess, toll or fee or for a modification of tax, rate, cess, toll or fee which is in force, is sanctioned, the sanctioning authority shall specify the date for the enforcement thereof, and such tax, rate, cess, toll, or fee or the modification shall come into force on such date.",
"name": "Notification and enforcement of taxes",
"related_acts": "",
"section_id": 73
},
{
"act_id": 648,
"details": "69. The Government may frame model tax schedules, and where such schedules have been framed, the Corporation shall be guided by them in levying a tax, rate, cess, toll or fee.",
"name": "Model tax schedules",
"related_acts": "",
"section_id": 74
},
{
"act_id": 648,
"details": "70. (1) The Government may direct the Corporation- (a)\tto levy any tax, rate, cess, toll or fee which the Corporation is competent to levy under section 67; or (b)\tto increase or reduce any such tax, rate, cess, toll or fee, or the assessment thereof, to such extent as may be specified; or (c)\tto exempt any person or class of persons or property or class of property from the levy of any such tax, rate, cess, toll or fee or suspend or abolish the levy of any such tax, rate, cess, toll or fee. (2) If a direction issued under sub-section (1) is not complied with, within the specified time, if any, the Government may make an order giving effect to the direction.",
"name": "Directions with regard to levy of taxes",
"related_acts": "",
"section_id": 75
},
{
"act_id": 648,
"details": "71. (1) The Corporation may, by notice, call upon any person to furnish such information, produce such record or accounts, or to present such goods or animals liable to any tax, rate, cess, toll or fee, as may be necessary for the purpose of determining the liability of such person, goods or animals to a tax, rate, cess, toll or fee, or the assessment thereof. (2) Any officials of the Corporation authorised in this behalf may, after due notice, enter upon any building or premises for the purposes of assessing the liability of such building or premises to any tax, or inspecting any goods or animal therein liable to any tax. (3) Any official of the Corporation authorised in this behalf may, in the prescribed manner, seize and dispose of any goods on which any octroi, terminal tax or toll is due and is not paid.",
"name": "Liability on account of taxes",
"related_acts": "",
"section_id": 76
},
{
"act_id": 648,
"details": "72. (1) All taxes, rates, cesses, tolls and fees levied under this Ordinance shall be collected in the prescribed manner. (2) All arrears of taxes, rates, cesses, tolls and fees, and other moneys claimable by the Corporation under this Ordinance shall be recoverable as a public demand. (3) Notwithstanding the provisions of sub-section (2), the Government may empower the Corporation to recover arrears of taxes, rates, cesses, tolls, fees and other moneys claimable by the Corporation under this Ordinance by distress and sale of movable property belonging to the person concerned, or by attachment and sale of the immovable property belonging to him. (4) The Government may by rules specify the officials or classes of officials by whom the power under sub-section (3) shall be exercised, and prescribe the manner in which it shall be exercised.",
"name": "Collection and recovery of taxes",
"related_acts": "",
"section_id": 77
},
{
"act_id": 648,
"details": "73. No assessment of a tax, rate, cess, toll or fee under this Ordinance, or valuation thereof, or the liability of a person to be so taxed, shall be called in question except by a petition presented to such authority, in such manner and within such period as may be prescribed.",
"name": "Petitions against valuation, assessment, etc.",
"related_acts": "",
"section_id": 78
},
{
"act_id": 648,
"details": "74. If the Corporation levies a tax on professions, trades or callings, it may require the employer of the person liable to such tax to deduct the tax from the salary or wages payable to such person, and on such requisition, the amount of the tax due shall be deducted from the salary or wages of the person concerned and credited to the Corporation Fund, provided that the amount so deducted shall in no case exceed twenty-five per cent of the salary or wages.",
"name": "Deduction of taxes from salaries",
"related_acts": "",
"section_id": 79
},
{
"act_id": 648,
"details": "75. (1) All taxes, rates, cesses, tolls, fees and other charges levied by the Corporation shall be imposed, assessed, leased, compounded, administered and regulated in such manner as may be prescribed. (2) Rules framed under this section may, among other matters, provide for the obligations of the tax-payers and the duties and powers of the officials and other agencies responsible for the assessment and collection of taxes.",
"name": "Manner in which taxes to be levied, etc.",
"related_acts": "",
"section_id": 80
},
{
"act_id": 648,
"details": "76. The Corporation shall be responsible for the sanitation of the City, and for this purpose, it may cause such measures to be taken as are required by or under this Ordinance.",
"name": "Responsibility for sanitation",
"related_acts": "",
"section_id": 81
},
{
"act_id": 648,
"details": "77. (1) The Corporation may by notice require the owner or occupier of any building or land which is in an insanitary or unwholesome state- (a) \tto clean or otherwise put it in a proper state; (b) \tto make arrangements to the satisfaction of the Corporation for its proper sanitation; (c) \tto lime wash the building and to make such essential repairs as may be specified in the notice; and (d) \tto take such other steps in regard to such building or land as may be so specified. (2) If any requirement of a notice issued under sub-section (1) is not complied with, within such period as may be specified in the notice, the Corporation may cause the necessary steps to be taken at the expense of the owner or occupier, and the cost so incurred by the Corporation shall be deemed to be a tax levied on the owner or occupier under this Ordinance.",
"name": "Insanitary buildings",
"related_acts": "",
"section_id": 82
},
{
"act_id": 648,
"details": "78. (1) The Corporation shall make adequate arrangements for the removal of refuse from all public streets, public latrines, urinals, drains, and all buildings and land vested in the Corporation, and for the collection and proper disposal of such refuse. (2) The occupiers of all other buildings and lands within the Corporation shall be responsible for the removal of refuse from such buildings and lands subject to the general control and supervision of the Corporation. (3) The Corporation may cause public dust-bins or other suitable receptacles to be provided at suitable places and where such dust-bins or receptacles are provided, the Corporation may, by public notice, require that all refuse accumulating in any premises or land shall be deposited by the owner or occupier of such premises or land in such dust-bins or receptacles. (4) All refuse removed and collected by the staff of the Corporation or under their control and supervision and all refuse deposited in the dust-bins and other receptacles provided by the Corporation shall be the property of the Corporation.",
"name": "Removal, collection and disposal of refuse",
"related_acts": "",
"section_id": 83
},
{
"act_id": 648,
"details": "79. (1) The Corporation may, and if so required by the Government shall, provide and maintain, in sufficient number and in proper situation, public latrines and urinals for the separate use of each sex, and shall cause the same to be kept in proper order, and to be properly cleaned. (2) The occupier of any premises to which any latrine or urinal pertains shall keep such latrine or urinal in a proper state to the satisfaction of the Corporation and shall employ such staff for the purpose as may be necessary, or as may be specified by the Corporation. (3) Where any premises are without privy or urinal accommodation, or without adequate privy or urinal accommodation, or the privy or urinal is on any ground objectionable, the Corporation may by notice require the owner of such premises- (a) to provide such, or such additional privy or urinal accommodation as may be specified in the notice; (b)\tto make such structural or other alterations in the existing privy or urinal accommodation as may be so specified; (c)\tto remove the privy or urinal; and (d)\twhere there is an underground sewerage system, to substitute connected privy or connected urinal accommodation for any service-privy or service-urinal accommodation.",
"name": "Latrines and urinals",
"related_acts": "",
"section_id": 84
},
{
"act_id": 648,
"details": "80. (1) The Corporation shall register all births, deaths and marriages within the limits of the City and information of such births, deaths and marriages shall be given by such persons or authorities, and shall be registered in such manner, as the by-laws may provide. (2) The by-laws made under sub-section (1) may exempt any class or classes of marriages information in respect of which is not deemed necessary for registration under this section.",
"name": "Births, deaths and marriages",
"related_acts": "",
"section_id": 85
},
{
"act_id": 648,
"details": "81. (1) The Corporation shall adopt such measures to prevent infectious diseases and to restrain infection within the City as the rules and by-laws may provide. (2) The Corporation may, and if so required by the Government shall, establish and maintain one or more hospitals for the reception and treatment of persons suffering from infectious diseases. (3) The Corporation may, in the prescribed manner, frame and implement schemes for the prevention and control of infectious diseases.",
"name": "Infectious diseases",
"related_acts": "",
"section_id": 86
},
{
"act_id": 648,
"details": "82. The Corporation may, and if so required by the Government shall,- (a)\testablish, manage, maintain or contribute towards the maintenance of health centres, maternity centres and centres for the welfare of women, infants and children; (b)\tprovide for the training of dais; (c)\tprovide for the promotion of family planning; and (d)\tadopt such other measures as may be necessary to promote the health and welfare of women, infants and children.",
"name": "Health and maternity centres, etc.",
"related_acts": "",
"section_id": 87
},
{
"act_id": 648,
"details": "83. Subject to the provisions of this Ordinance and the rules, the Corporation may, and if the Government so directs shall, take such measures for promoting public health, including education in health, as it considers necessary or, as the case may be, the Government directs.",
"name": "Promotion of public health",
"related_acts": "",
"section_id": 88
},
{
"act_id": 648,
"details": "84. (1) The Corporation may, and if so required by the Government shall, establish and maintain such number of hospitals and dispensaries as may be necessary for the medical relief of the inhabitants of the City, and the people visiting it. (2) Every hospital and dispensary maintained by the Corporation shall be managed and administered in such manner as may be prescribed. (3) Subject to any directions that may be given in this behalf by the Government, every hospital and dispensary maintained by the Corporation shall be provided with such drugs, medicines, instruments, appliances, equipments, apparatus and furniture in accordance with such scale and standards as may be prescribed.",
"name": "Hospitals and dispensaries",
"related_acts": "",
"section_id": 89
},
{
"act_id": 648,
"details": "85. The Corporation may, and if so required by the Government shall, take such measures as may be necessary or as may be specified by the Government for- (a)\tthe provision and maintenance of first aid centres; (b)\tthe provision and maintenance of mobile medical aid units; (c) the promotion and encouragement of societies for the provision of medical aid; (d)\tthe promotion of medical education; (e)\tthe payment of grants to institutions for medical relief; and (f)\tthe medical inspection of school children.",
"name": "Medical aid and relief, and medical education, etc.",
"related_acts": "",
"section_id": 90
},
{
"act_id": 648,
"details": "86. (1) Subject to any law for the time being in force, the Corporation may provide, or cause to be provided, to the City a supply of wholesome water sufficient for public and private purposes. (2) The Corporation may, and if so required by the Government shall, in the prescribed manner, frame and execute a water-supply scheme for the construction and maintenance of such works for the provision, storage and distribution of water as may be necessary. (3) Where a piped water-supply is provided, the Corporation may supply water to private and public premises in such manner and on payment of such charges as the by-laws may provide.",
"name": "Water supply",
"related_acts": "",
"section_id": 91
},
{
"act_id": 648,
"details": "87. (1) All private sources of water supply within the City shall be subject to control, regulation and inspection by the Corporation. (2) No new well, water-pump or any other source of water for drinking purposes shall be dug, constructed or provided except with the sanction of the Corporation. (3) The Corporation may by notice require the owner or any person having the control of any private source of water-supply used for drinking purposes- (a)\tto keep the same in good order and to clear it from time to time of silt, refuse and decaying matter; (b)\tto protect the same from contamination in such manner as the Corporation may direct; and (c)\tif the water therein is proved to the satisfaction of the Corporation to be unfit for drinking purposes, to take such measures as may be specified in the notice to prevent the use of such water for drinking purposes.",
"name": "Private sources of water-supply",
"related_acts": "",
"section_id": 92
},
{
"act_id": 648,
"details": "88. (1) Subject to any law for the time being in force, the Corporation shall provide an adequate system of public drains in the City area and all such drains shall be constructed, maintained, kept, cleared and emptied with due regard to the heal and convenience of the public. (2) Every owner or occupier of any land or building within the City may, with the previous permission of the Corporation, and subject to such terms and conditions, including the payment of fees, as the Corporation may impose, cause his drains to be emptied into public drains. (3) All private drains shall be subject to control, regulation and inspection by the Corporation, and the Corporation may, in such manner as the by-laws may provide, require the provision, alternation, covering, clearing and closing of private drains.",
"name": "Drainage",
"related_acts": "",
"section_id": 93
},
{
"act_id": 648,
"details": "89. (1) The Corporation may, and if so required by the Government shall, prepare a Drainage Scheme in the prescribed manner for the construction of drains at public and private expense, and other works for the effective drainage and disposal of sullage. (2) A Drainage Scheme prepared under sub-section (1) shall be submitted for approval to the Government, which may approve it, reject it, or approve it subject to such modifications as it may deem fit. (3) The Drainage Scheme as approved by the Government shall be executed and implemented in such manner, within such period and by such authority as may be specified by the Government. (4) The Corporation may by notice require the owner of any building or land within the City- (a)\tto construct such drains within the building or land or the street adjoining such building or land as may be specified in the notice; (b)\tto remove, alter or improve any such drains; and (c)\tto take such other steps for the effective drainage of the building or land as may be so specified.",
"name": "Drainage Schemes",
"related_acts": "",
"section_id": 94
},
{
"act_id": 648,
"details": "90. (1) The Corporation may from time to time- (a)\tset apart suitable places for use by the public for bathing, for washing clothes, or for drying clothes; (b)\tspecify the times at which and the sex of persons by whom such places may be used; and (c)\tprohibit, by public notice, the use by the public for any of the said purposes of any place not so set apart. (2) No person shall establish, maintain or run a human or a bath for public use except under a licence granted by the Corporation, and in conformity with the conditions and terms of such licence.",
"name": "Bathing and washing places",
"related_acts": "",
"section_id": 95
},
{
"act_id": 648,
"details": "91. (1) The Corporation may provide dhobi ghats for the exercise of their calling by washermen, and may by by-laws regulate the use of dhobi ghats and levy fees for their use. (2) The Corporation may by by-laws provide for the licensing of washermen and the regulation of their calling.",
"name": "Dhobi ghats and washermen",
"related_acts": "",
"section_id": 96
},
{
"act_id": 648,
"details": "92. (1) The Corporation may, with the previous sanction of the Government, declare any source of water, spring, river, tank, pond, or public stream, or any part thereof within the City, which is not private property, to be a public water-course. (2) The Corporation may in respect of any public water-course provide such amenities, make such arrangements for life saving, execute such works, and subject to the provisions of any law for the time being in force relating to irrigation, drainage and navigation, regulate the use thereof, as the by-laws may provide.",
"name": "Public water-courses",
"related_acts": "",
"section_id": 97
},
{
"act_id": 648,
"details": "93. (1) The Corporation may by by-laws provide for the licensing of boats and other vessels plying for hire in a public water-course and may prescribe the terms and conditions for the grant of licences and the fees to be charged therefor. (2) The Government may declare any part of a public water-course to be a public ferry and may entrust the management thereof to the Corporation, and thereupon the Corporation shall manage and operate the public ferry in such manner and levy such tolls as may be prescribed.",
"name": "Public ferries",
"related_acts": "",
"section_id": 98
},
{
"act_id": 648,
"details": "94. The Corporation may, with the previous sanction of the Government, declare any public water-course as a public fishery, and thereupon the right of fishing in such water-course shall vest in the Corporation which may exercise such right in such manner as may be prescribed.",
"name": "Public fisheries",
"related_acts": "",
"section_id": 99
},
{
"act_id": 648,
"details": "95. The Corporation may by by-laws- (a)\tprohibit the manufacture, sale or preparation, or the exposure for sale, of any specified article of food or drink in any place or premises not licensed by the Corporation; (b)\tprohibit the import into the City for sale, or the sale, or the hawking for sale, of any specified article of food or drink by person not so licensed; (c)\tprohibit the hawking of specified articles of food and drink in such parts of the City as may be specified; (d)\tregulate the time and manner of transport within the City of any specified article of food or drink; (e)\tregulate the grant and withdrawal of licences under this section and the levying of fees therefor; and (f)\tprovide for the seizure and disposal of any animal, poultry or fish intended for food which is diseased, or any article of food or drink which is noxious.",
"name": "By-laws for articles of food and drink",
"related_acts": "",
"section_id": 100
},
{
"act_id": 648,
"details": "96. (1) Except under a licence granted by the Corporation, and in conformity with the conditions of such licence, no person shall, within the City, keep milch cattle for the sale of milk, or expose or import milk for sale, or manufacture butter, ghee, or any other milk or dairy product, nor shall any premises be used for any such purpose. (2) The Corporation may, in the prescribed manner, and with the previous sanction of the Government, frame and enforce a Milk Supply Scheme, which may, among other matters, provide for the establishment of milkmen's colonies, the prohibition of the keeping of milch cattle in the City or any part thereof, and the adoption of such other measures as may be necessary for ensuring an adequate supply of pure milk to the public.",
"name": "Milk supply",
"related_acts": "",
"section_id": 101
},
{
"act_id": 648,
"details": "97. (1) Subject to any law for the time being in force, the Corporation may establish and maintain public markets, and secure the proper management and sanitation of such markets. (2) Notwithstanding anything contained in any other law for the time being in force, the Corporation may, for the purpose of construction of public markets, realise such salami or advanced rent from the intending occupants on such terms and conditions as it may determine. (3) The Corporation may, in respect of a public market, provide by by-laws- (a)\tthe fees to be charged for the use of or for the right to expose goods in the market; (b)\tthe fees to be levied on vehicles and animals bringing goods therein for sale; (c)\tthe fees to be charged for the use of shops, stalls, pens or stamps; (d)\tthe fees to be charged in respect of animals brought for sale or sold; and (e)\tthe fees to be charged from brokers, commission agents, weighmen and other persons practising their calling therein.",
"name": "Public markets",
"related_acts": "",
"section_id": 102
},
{
"act_id": 648,
"details": "98. (1) No private market shall be established or maintained within the Corporation except under a licence granted by the Corporation and in conformity with the conditions of such licence. (2) Notwithstanding the provisions of sub-section (1), the owner of every private market within the Corporation maintained immediately before the coming into force of this Ordinance, shall, within three months, apply for a licence to the Corporation and until the licence is granted shall continue to maintain the same. (3) The Corporation may levy such fees in respect of private markets as the by-laws may provide. (4) If the Corporation is satisfied that in public interest any private market should be discontinued or taken over by the Corporation, it may direct that the market should be discontinued, or that, subject to the payment of such compensation as would have been payable if it had been acquired under the Acquisition and Requisition of Immovable Property Ordinance, 1982 (II of 1982) the market should be taken over by the Corporation. (5) The Corporation may, by a notice, require the owner of any private market to construct such works, provide such conveniences and make such arrangements for the maintenance of the market, and within such period, as may be specified in the notice.",
"name": "Private markets",
"related_acts": "619",
"section_id": 103
},
{
"act_id": 648,
"details": "99. The Corporation shall provide and maintain at such site or sites within or without the limits of the City as the Government may approve one or more slaughter-houses for the slaughter of animals or of any specified description of animals for sale.",
"name": "Slaughter-house",
"related_acts": "",
"section_id": 104
},
{
"act_id": 648,
"details": "100. (1) The Corporation may and if so required by the Government shall, provide for the establishment and maintenance of veterinary hospitals and dispensaries, and by by-laws regulate their working and fix the fees to be charged for treatment in such hospitals and dispensaries. (2) The Corporation may by by-laws define contagious disease among animals and provide for measures that shall be adopted for prevention of the spread of such diseases, including the compulsory inoculation of animals, and the subjection to such treatment as may be necessary of such animals as may be suspected to have been infected with carriers of any such diseases.",
"name": "Animal husbandry",
"related_acts": "",
"section_id": 105
},
{
"act_id": 648,
"details": "101. (1) The Corporation may by by-laws provide for the seizure, detention and impounding of animals found straying in any street, public place or cultivated land. (2) The Corporation may, and if so required by the Government shall, establish and maintain cattle pounds for impounding of cattle and charge such fines and fees for the impounding of cattle as the by-laws may provide. (3) No animal shall be picketed or tethered in such streets or places as may be specified by the Corporation, and any animal found picketed or tethered in any such street or place shall be liable to seizure and impounding.",
"name": "Stray animals",
"related_acts": "",
"section_id": 106
},
{
"act_id": 648,
"details": "102. (1) The Corporation may, with the previous approval of the Government, establish and maintain Animal Homes, where, subject to such terms and conditions and on the payment of such fees and other charges, as the by-laws may provide, the animals of private persons may be kept. (2) The Corporation may, with the previous approval of the Government, establish and maintain cattle farms and poultry farms, and such farms shall be of managed and administered in such manner as the by-laws may provide.",
"name": "Animal homes and farms",
"related_acts": "",
"section_id": 107
},
{
"act_id": 648,
"details": "103. The Corporation may by by-laws require that every sale of such of the animals as may be specified shall be registered with the Corporation in such manner, and subject to the payment of such fees, as the by-laws may provide.",
"name": "Registration of the sale of cattle",
"related_acts": "",
"section_id": 108
},
{
"act_id": 648,
"details": "104. The Corporation may, with the previous approval of the Government, frame and execute a livestock Scheme, which may, among other matters, provide that no person shall keep such animals above such age as may be specified, unless they are castrated or are certified by competent authority to be fit for breeding.",
"name": "Livestock improvement",
"related_acts": "",
"section_id": 109
},
{
"act_id": 648,
"details": "105. The Corporation may by by-laws define the animals which shall be deemed to be dangerous animals and the circumstances under which animals not otherwise dangerous shall be deemed to be dangerous, and such by-laws may among other matters, provide for the detention, destruction, or disposal otherwise of such animals.",
"name": "Dangerous animals",
"related_acts": "",
"section_id": 110
},
{
"act_id": 648,
"details": "106. (1) The Corporation may hold cattle shows and fairs within the limits of the City and charge such fees from the people attending such shows or fairs as the by-laws may provide. (2) The Corporation may, with the previous approval of the Government, maintain or contribute towards the maintenance of zoological gardens.",
"name": "Cattle shows, zoos, etc.",
"related_acts": "",
"section_id": 111
},
{
"act_id": 648,
"details": "107. Whenever an animal in the charge of a person dies, otherwise than by being slaughtered for sale or consumption, or for some other religious purpose, such person shall either- (a)\tconvey the carcass within twenty-four hours to a place, if any, fixed by the Corporation for the disposal of the dead bodies of animals, or to a place beyond the limits of the City, not being a place within one mile of such limits; or (b)\tgive notice of the death to the Corporation, whereupon the Corporation shall cause the carcass to be disposed of and charge such fees from the person concerned as the by-laws may provide. Explanation.- In this section “animal” shall be deemed to mean all horned cattle, elephants, camels, horse, ponies, asses, mules, deer, sheep, goats, swine, dogs, cats and other large animals.",
"name": "Disposal of carcasses",
"related_acts": "",
"section_id": 112
},
{
"act_id": 648,
"details": "108. The Corporation may, and if so required by the Government shall, draw up a Master Plan for the City which shall, among other matters, provide for- (a)\ta survey of the City including its history, statistics, public services and other prescribed particulars; (b)\tdevelopment, expansion and improvement of any area within the City; and (c)\trestrictions, regulations and prohibitions to be imposed with regard to the development of sites, and the erection and re-erection of buildings within the City.",
"name": "Master Plan",
"related_acts": "",
"section_id": 113
},
{
"act_id": 648,
"details": "109. (1) Where a Master Plan has been drawn up under section 108 and such Master Plan has been approved, with or without any modifications by the Government, no owner of lands exceeding such area as may be specified in this behalf in the Master Plan as so approved, shall develop the site or erect or re-erect a building or any plot of land covered by the Master Plan, except in conformity with the provisions of a Site Development Scheme sanctioned for the area in the prescribed manner. (2) Among other matters, a Site Development Scheme may provide for- (a)\tthe division of the site into plots; (b)\tthe streets, drains and open spaces to be provided; (c) the land to be reserved for public purposes and to be transferred to the Corporation; (d)\tthe land to be acquired by the Corporation; (e)\tthe price of plots; (f)\tthe works that shall be executed at the cost of the owner or owners of the site or sites; and (g)\tthe period during which the area shall be developed.",
"name": "Site Development Schemes",
"related_acts": "",
"section_id": 114
},
{
"act_id": 648,
"details": "110. (1) The execution of a Site Development Scheme shall be subject to the inspection and control of the Corporation, and the Corporation may give such directions with regard to the execution of the Scheme as may be necessary for the proper development of site. (2) If any area is developed or otherwise dealt with in contravention of the provisions of the sanctioned Site Development Scheme, the Corporation may by notice require the owner of such area or the person who has contravened the provisions to make such alteration in the site as may be specified in the notice and where such alteration is not made or for any reason cannot be carried out, the Corporation may, in the prescribed manner, require and enforce the demolition of the offending structure, and notwithstanding anything to the contrary contained in any law, no compensation shall be payable for such demolition. (3) If an area for which a Site Development Scheme has been sanctioned is not developed within the period provided in the Site Development Scheme, and further extension is not allowed by the Corporation, or if the development is not in conformity with the terms of the Site Development Scheme, the Corporation may, in the prescribed manner, take over the development of the site and execute the necessary works, and the cost incurred thereon by the Corporation shall be deemed to be a tax levied on the owner or owners under this Ordinance.",
"name": "Execution of Site Development Schemes",
"related_acts": "",
"section_id": 115
},
{
"act_id": 648,
"details": "111. (1) If any building, or anything fixed thereon, be deemed by the Corporation to be in a ruinous state or likely to fall or in any way dangerous to any inhabitant of such building or of any neighbouring building or to any occupier thereof or to passers-by, the Corporation may by notice require the owner or occupier of such building to take such action in regard to thebuilding as may be specified in the notice, and if there is default, the Corporation may take the necessary steps itself and the cost incurred thereon by the Corporation shall be deemed to be a tax levied on the owner or occupier of the building under this Ordinance. (2) If a building is in a dangerous condition, or otherwise unfit for human habitation, the Corporation may prohibit the occupation of such building till it has been suitably repaired to the satisfaction of the Corporation.",
"name": "Registration of buildings",
"related_acts": "",
"section_id": 116
},
{
"act_id": 648,
"details": "112. (1) The Corporation shall provide and maintain such public streets and other means of public communication as may be necessary for the comfort and convenience of the inhabitants of the City and of the visitors thereto. (2) The Corporation shall, in the prescribed manner, prepare and execute a Road Maintenance and Development Programme, which shall form a part of the budget, and the Government may alter or amend the programme in such manner as it considers necessary.",
"name": "Public streets",
"related_acts": "",
"section_id": 117
},
{
"act_id": 648,
"details": "113. (1) No new street shall be laid out except with the previous sanction of the Corporation, and in conformity with the terms and conditions of such sanction. (2) All streets other than public streets shall be maintained in such manner as the by-laws may provide. (3) The Corporation may by notice require that any street may be paved, metalled, drained, channelled, improved or lighted in such manner as may be specified in the notice, and in the event of default, the Corporation may have the necessary work done through its agency, and the cost incurred thereon by the Corporation shall be deemed to be a tax levied on the person concerned under this Ordinance. (4) The Government may prescribe the manner in which a street other than a public street may be converted into a public street.",
"name": "Streets",
"related_acts": "",
"section_id": 118
},
{
"act_id": 648,
"details": "114. (1) The Corporation may, with the previous sanction of the Government, assign names to streets and paint the names or fix the name plates on or at conspicuous places at or near the end corner or entrance of the street. (2) No person shall destroy, deface or in any way injure any street, name or name plate, or without the previous permission of the Corporation, remove the same. (3) The Corporation may, in the manner provided in the by-laws, lay down street lines and building lines, and may, among other things, require the setting back of buildings to conform to such street lines and building lines. (4) The Corporation may by by-laws define nuisances and offences with regard to streets, and provide for their prevention and abatement.",
"name": "General provisions about streets",
"related_acts": "",
"section_id": 119
},
{
"act_id": 648,
"details": "115. (1) No person shall make an encroachment, movable or immovable, on, over or under a street or a drain or any land, house-gully or building or park except under a licence granted by the Corporation and to the extent permitted by the licence. (2) The Corporation may by notice require the person responsible for any such encroachment to remove the same within such period as may be specified, and if the encroachment is not removed within such period, the Corporation may cause the encroachment to be removed through its own agency, and the cost, incurred thereon by the Corporation shall be deemed to be a tax levied on the persons responsible for the encroachment under this Ordinance. (3) Any person aggrieved by a notice issued under sub-section (2) may, within fifteen days, appeal to the Government whose decision thereon shall be final. (4) Notwithstanding anything in any other law, no compensation shall be payable for any encroachment removed or required to be removed under this section.",
"name": "Encroachments",
"related_acts": "",
"section_id": 120
},
{
"act_id": 648,
"details": "116. (1) The Corporation shall take such measures as may be necessary for the proper lighting of the public streets and other public places vesting in the Corporation by oil, gas, electricity or such other illuminant as the Corporation may determine. (2) The Corporation may, with the previous sanction of the Government, frame and enforce a Street Lighting Scheme in the prescribed manner.",
"name": "Street lighting",
"related_acts": "",
"section_id": 121
},
{
"act_id": 648,
"details": "117. The Corporation shall take such measures as may be necessary for the watering of public streets for the comfort and convenience of the public, and may, for this purpose, maintain such vehicles, staff, and other apparatus as may be necessary.",
"name": "Street watering",
"related_acts": "",
"section_id": 122
},
{
"act_id": 648,
"details": "118. The Corporation shall by by-laws make such arrangements for the control and regulation of traffic as may be necessary to prevent danger to and ensure the safety, convenience and comfort of the public.",
"name": "Traffic control",
"related_acts": "",
"section_id": 123
},
{
"act_id": 648,
"details": "119. (1) No person shall keep or let for hire, or drive or propel within the limits of the City any public vehicle other than a motor vehicle except under a licence granted by the Corporation, and in conformity with the conditions of such licence. (2) No horse or other animal shall be used for drawing a public vehicle within the limits of the City except under a licence granted by the Corporation and in conformity with the conditions of such licence. (3) The Corporation shall, in such manner as the by-laws may provide, and with the previous approval of the Government, fix the rate of fares for the use of public vehicles, and no person plying a public vehicle shall charge a fare in excess thereof. Explanation.- In this section a “public vehicle” means any vehicle which ordinarily plies for hire.",
"name": "Public vehicles",
"related_acts": "",
"section_id": 124
},
{
"act_id": 648,
"details": "120. (1) For the prevention and extinction of fire, the Corporation may, and if so required by the Government shall, maintain a fire brigade, consisting of such staff and such number of fire stations, and such implements, machinery, equipment and means of communicating intelligence as may be prescribed. \t(2) On the occurrence of a fire within the City, any Magistrate, any official of the fire brigade directing the operations, and any police officer not below the rank of Sub-Inspector may- (a)\tremove or order the removal of any person who by his presence interferes or impedes the operations for extinguishing the fire or for saving life and property; (b)\tclose any street or passage in or near which any fire is burning; (c)\tfor the purpose of extinguishing the fire, break into or through, or pull down or cause to be broken into or pulled down, or use for the passage of hoses or other appliances, any premises; (d)\tcause mains and pipes to be shut off so as to give greater pressure of water in or near the place where the fire has occurred; (e)\tcall on the person in-charge of any fire engine to render such assistance as may be possible; and (f)\tgenerally take such measures as may appear necessary for the preservation of life and property. (3) No person shall be liable to pay damages in respect of anything done or in good faith intended to be done under this section. (4) Notwithstanding the provisions of sub-section (3) or of any other law, or the terms of any insurance policy, any damage done in the exercise of a power conferred, or in the discharge of a duty imposed, by this section shall be deemed to be a damage by fire, for the purposes of any policy of insurance against fire.",
"name": "Fire fighting",
"related_acts": "",
"section_id": 125
},
{
"act_id": 648,
"details": "121. The Corporation shall be responsible for the Civil Defence of the City and it shall, in this behalf, perform much functions as may be prescribed.",
"name": "Civil Defence",
"related_acts": "",
"section_id": 126
},
{
"act_id": 648,
"details": "122. For the fighting of floods, rescuing of people from flood-affected areas, and affording relief to flood-stricken people, the Corporation may, if so required by the Government shall, provide such boats, appliances and equipment as may be necessary.",
"name": "Floods",
"related_acts": "",
"section_id": 127
},
{
"act_id": 648,
"details": "123. In the event of a famine, the Corporation may, with the sanction of the Government, execute such famine works and undertake such famine relief measures as may be necessary or may be specified by the Government.",
"name": "Famine",
"related_acts": "",
"section_id": 128
},
{
"act_id": 648,
"details": "124. (1) The Government by rules define the articles and trades which shall be deemed to be dangerous or offensive for the purposes of this section. (2) Except under and in conformity with the conditions of a licence granted by the Corporation- (a)\tno person shall carry on any dangerous or offensive trade; (b)\tno premises shall be used or suffered to be used or any dangerous or offensive trade; and (c) \tno person shall store or keep in any premises- (i)\tany dangerous or offensive article except for domestic use; or (ii)\tany dangerous or offensive article in excess of such limits as may be fixed by the by-laws. (3) The Corporation may, with the previous sanction of the Government, prepare and enforce a scheme providing for the prohibition of dangerous and offensive trade in specific areas within the City, and for the restriction of such trade in any area not so specified.",
"name": "Dangerous and offensive articles and trades",
"related_acts": "",
"section_id": 129
},
{
"act_id": 648,
"details": "125. (1) The Corporation may, and if so required by the Government shall, provide suitable places for the burial and burning of the dead, and shall take necessary measures for the proper maintenances and administration of such burial and burning places. (2) The Government may, by notification in the official Gazette, declare that any burial or burning place which is open to public for burial or burning shall vest in the Corporation, and thereupon such burial or burning place shall vest in the Corporation, and the Corporation shall take all measures necessary for the proper maintenance and administration thereof. (3) Every burial or burning place which is not administered by the Corporation shall be registered with the Corporation and shall be subject to regulation, supervision and inspection by the Corporation in such manner as the by-laws may provide. (4) No new burial or burning place shall be established within the City except under a licence granted by the Corporation, and in conformity with the conditions of such licence.",
"name": "Burial and burning places",
"related_acts": "",
"section_id": 130
},
{
"act_id": 648,
"details": "126. (1) The Corporation shall plant trees on public streets and other public places within the City and take all such steps as may be necessary for the plantation and protection of trees on such streets and places. (2) The Corporation may, in the prescribed manner and with the previous sanction of the Government, frame and enforce an Arboriculture plan.",
"name": "Arboriculture",
"related_acts": "",
"section_id": 131
},
{
"act_id": 648,
"details": "127. (1) The Corporation may, and if so required by the Government shall, lay out and maintain within the City such public gardens as may be necessary for the recreation and convenience of the public, and such public gardens shall be maintained and administered in such manner as the by-laws may provide. (2) For every public garden, there shall be framed and enforced, in the prescribed manner, a Garden Development Plan which shall provide for the development and improvement of the garden.",
"name": "Gardens",
"related_acts": "",
"section_id": 132
},
{
"act_id": 648,
"details": "128. The Corporation may provide and maintain within the City such open spaces as may be necessary for the convenience of the public and such spaces shall be grassed, hedged, planted and equipped with such amenities and in such manner as the by-laws may provide.",
"name": "Open spaces",
"related_acts": "",
"section_id": 133
},
{
"act_id": 648,
"details": "129. The Corporation may, in the prescribed manner, frame and enforce Forest Plans providing for the improvement, development and exploitation of forests and plant, maintain and work forests in accordance with such plans.",
"name": "Forests",
"related_acts": "",
"section_id": 134
},
{
"act_id": 648,
"details": "130. (1) The Corporation may by by-laws determine the pests of trees and plants and provide for their destruction. (2) If any land or premises within the City is grown with rank or noxious vegetation of undergrowth, the Corporation may by notice require the owner or occupier of such land or premises to clear such vegetation or undergrowth within a specified time, and if he fails to do so within such time, the Corporation may have such vegetation or undergrowth cleared and the cost incurred thereon by the Corporation shall be deemed to be a tax levied on the owner or occupier under this Ordinance. (3) The Corporation may, in the manner provided in the by-laws, require the felling of any tree which is dangerous or the trimming of the branches of any tree which overhang and are likely to interfere with traffic or are otherwise inconvenient. (4) The Corporation may, in the manner provided in the by-laws, prohibit the cultivation of any crop which is considered dangerous to public health within such part of the City as may be specified.",
"name": "Nuisances pertaining to trees and plantations",
"related_acts": "",
"section_id": 135
},
{
"act_id": 648,
"details": "131. The Corporation may, and if so required by the Government shall, take such steps with regard to the excavation and re-excavation of tanks and the reclamation of low-lying areas as it thinks fit, or, as the case may be, the Government directs.",
"name": "Tanks and low-lying areas",
"related_acts": "",
"section_id": 136
},
{
"act_id": 648,
"details": "132. (1) The Corporation shall maintain such educational institutions as may be required by the Government and may, with the previous approval of the Government, maintain such other educational institutions as may be necessary for the promotion of education in the City. (2) All educational institutions maintained by the Corporation shall be maintained in a state of efficiency and shall conform to such standards as may be prescribed. (3) The Corporation may levy such fees for the use of educational institutions as may be prescribed. (4) The Corporation may, with the previous approval of the Government, give financial aid to private educational institutions within the City.",
"name": "Education",
"related_acts": "",
"section_id": 137
},
{
"act_id": 648,
"details": "133. Subject to any law for the time being in force, the Corporation shall be responsible for the enforcement of compulsory education in the City, and it may in this behalf adopt all such measures as may be necessary to ensure that every child of school-going age in the City attends a school recognised by the Corporation.",
"name": "Compulsory education",
"related_acts": "",
"section_id": 138
},
{
"act_id": 648,
"details": "134. The Corporation may- (a)\tconstruct and maintain buildings to be used as hostels for students; (b)\tgive scholarships to deserving or specially bright students; (c)\tprovide for the training of teachers; (d)\tpromote adult education; (e)\tprovide school books to orphans and indigest students free of cost or at concessional rates; (f)\tmaintain depots for the sale of school books and articles of stationery; and (g)\twith the previous approval of the Government- (i)\tpromote and assist educational societies; (ii)\tundertake educational survey and enforce educational plans; (iii)\tprovide, whether free of charge or on payment, milk or meals for school children; (h) \tadopt any other measures likely to promote the cause of education.",
"name": "General provisions about education",
"related_acts": "",
"section_id": 139
},
{
"act_id": 648,
"details": "135. The Corporation may, and if so required by the Government shall,- (a)\testablish and maintain information centres for the furtherance of civic education and the dissemination of information on such matters as community development and other matters of public interest; (b) \tmaintain radio sets at public institutions and public places; (c) \torganise museums, exhibitions and art galleries; (d) \tprovide and maintain public halls and community centres; (e) \tcelebrate the Independence Day and other national holidays; (f) \tprovide for the reception of distinguished visitors visiting the Corporation; (g) \tencourage national language; (h)\tpromote physical culture, and encourage public games and sports and organise rallies and tournaments; (i)\tpromote tours to the City and adopt measures for the preservation of the historical and indigenous characteristics of the City; (j)\tprovide, promote or subsidise facilities for the recreation of the public; and (k)\tadopt any other measures likely to promote cultural progress and advancement.",
"name": "Culture",
"related_acts": "",
"section_id": 140
},
{
"act_id": 648,
"details": "136. The Corporation may, and if so required by the Government shall, establish and maintain such public libraries, reading rooms and circulating libraries as may be necessary for the use of the public.",
"name": "Libraries",
"related_acts": "",
"section_id": 141
},
{
"act_id": 648,
"details": "137. The Corporation shall, with the previous approval of the Government, make such arrangements on the occasion of any fairs, shows or public festivals within the City as may be necessary for the public health, public safety and public convenience and may levy fees on the person attending such fairs and shows.",
"name": "Fairs and shows, etc.",
"related_acts": "",
"section_id": 142
},
{
"act_id": 648,
"details": "138. The Corporation may, and if so required by the Government shall,- (a)\testablish, manage and maintain welfare homes, asylums, orphanages, widow homes and other institutions for the relief of the distressed; (b)\tprovide for the burial and burning of paupers found dead within the City at its own expense; (c)\tadopt such measures as may be prescribed for the prevention of beggary, prostitution, gambling, taking of injurious drugs and consumption of alcoholic liquor, juvenile delinquency and other social evils; (d)\torganise social service volunteers; (e)\tadopt such measures as may be prescribed for the promotion of the welfare of backward classes, and women and children; and (f)\tadopt any other measures likely to promote social welfare.",
"name": "Social Welfare",
"related_acts": "",
"section_id": 143
},
{
"act_id": 648,
"details": "139. (1) The Corporation may, and if so required by the Government shall, prepare and implement development plans for such periods and in such manner as may be specified. (2) Such Plans shall be subject to the sanction of the Government and shall provide for- (a)\tthe promotion, improvement and development of such function or functions of the Corporation as may be specified; (b)\tthe manner in which the plans shall be financed, executed, implemented and supervised; (c)\tthe agency through which the plans shall be executed and implemented; and (d)\tsuch other matters as may be necessary. (3) The Government may direct that any specified item of income of the Corporation shall wholly or in part be earmarked and applied in the implementation of a development plan.",
"name": "Development Plans",
"related_acts": "",
"section_id": 144
},
{
"act_id": 648,
"details": "140. The Corporation may, in the prescribed manner, sponsor or promote community development projects for the City or any part thereof and may in this behalf perform such functions as may be prescribed.",
"name": "Community Development Projects",
"related_acts": "",
"section_id": 145
},
{
"act_id": 648,
"details": "141. The Corporation may, in the prescribed manner and with the previous sanction of the Government, promote, administer, execute and implement schemes for undertaking any commercial or business enterprise.",
"name": "Commercial Schemes",
"related_acts": "",
"section_id": 146
},
{
"act_id": 648,
"details": "142. (1) As soon as may be after the first day of July every year, and not later than such date as may be fixed by the Government, the Corporation shall submit to the Government a detailed report of the administration during the preceding year in such form as the Government may direct. (2) Copies of the report shall be kept for sale at the Corporation office.",
"name": "Annual administration report of the Corporation",
"related_acts": "",
"section_id": 147
},
{
"act_id": 648,
"details": "143. The Government may, at any time, require the Chief Executive Officer,- (a)\tto produce any record, correspondence, plan or other document; (b)\tto furnish any return, plan, estimate, statement, accounts or statistics; (c)\tto furnish or obtain and furnish any report; and the Chief Executive Officer shall comply with such requisition.",
"name": "Right of Government to call for records",
"related_acts": "",
"section_id": 148
},
{
"act_id": 648,
"details": "144. The Government may depute any officer to inspect or examine any department or office of the Corporation or any service or work undertaken by the Corporation or any property belonging to the Corporation and to report thereon; and the Corporation and all officers and other employees thereof shall be bound to afford the officer so deputed access at all reasonable times to the premises and properties of the Corporation and to all records, accounts and other documents the inspection of which he may consider necessary to enable him to discharge his duties.",
"name": "Inspection",
"related_acts": "",
"section_id": 149
},
{
"act_id": 648,
"details": "145. If, after consideration of anything requisitioned under section 143 or of any report under section 144 or of any information received otherwise, the Government is of opinion- (a)\tthat any action taken is unlawful or irregular or any duty imposed on the Corporation by or under this Ordinance has not been performed or has been performed in an imperfect, insufficient of unsuitable manner; or (b)\tthat adequate financial provision has not been made for the performance of any duty, the Government may, by order, restrain the Corporation from performing the act or direct the Corporation, within a period specified in the order, to make arrangements to its satisfaction for the proper performance of the duty or to make financial provision to its satisfaction for the performance of the duty, as the case may be, and the Corporation shall comply with such order: Provided that unless in the opinion of the Government, the immediate execution of such order is necessary, the Government shall, before making an order under this section, give the Corporation an opportunity of showing cause why such order shall not be made.",
"name": "Power of Government to require the Corporation to take action",
"related_acts": "",
"section_id": 150
},
{
"act_id": 648,
"details": "146. If, within the period specified in any order made under section 145, any action directed under that section has not been duly taken, the Government may make arrangements for the taking of such action and may direct that all expenses connected herewith shall be defrayed out of the Corporation Fund.",
"name": "Power of Government to provide for enforcement of direction under section 145",
"related_acts": "",
"section_id": 151
},
{
"act_id": 648,
"details": "147. If, in the opinion of the Government, any proceedings of the Corporation are not in conformity with this Ordinance or the rules, regulations or by-laws or with any other law, the Government may, by order, annul or omit from the records such proceedings and do all things necessary to secure such conformity: Provided that the Government shall, before making an order under this section, give the Corporation an opportunity of showing cause why such order should not be made.",
"name": "Power of Government to annul illegal proceedings",
"related_acts": "",
"section_id": 152
},
{
"act_id": 648,
"details": "148. (1) If, in the opinion of the Government, the Corporation- (a)\tis unable to discharge or persistently fails in discharging its duties, or (b)\tis unable to administer its affairs or meet its financial obligations, or (c)\tgenerally acts in a manner contrary to public interest, or (d) \totherwise exceeds or abuses its power, 71or (e) \thas failed, without any reasonable excuse, to collect at least seventy five per cent of the total amount of the tax, rate, cess, toll, fee and other charges levied by it in a year, the Government may, by order published in the official Gazette, supersede the Corporation for such period as may be specified in the order: Provided that the Government shall, before making an order under this section, give the Corporation an opportunity of showing cause why such order should not be made. (2) On the publication of an order under sub-section (1)- (a)\tall persons holding office as 72* * * 73* * * Mayor and Commissioners shall cease to hold office; (b)\tall the functions of the Corporation shall, during the period of supersession, be exercised and performed 74by such person or authority as the Government may appoint in this behalf (c)\tall funds and property belonging to the Corporation shall, during the period of supersession, vest in the Government.",
"name": "Supersession of the Corporation",
"related_acts": "",
"section_id": 153
},
{
"act_id": 648,
"details": "149. (1) If, after such enquiry as may be necessary, the Government is of opinion that the Corporation is not able to run a particular department or institution efficiently, it may, by order published in the official Gazette, suspend the authority of the Corporation over such department or institution for such period as may be specified in the order. (2) Where the authority of the Corporation over any department or institution is so suspended, the Government may itself take over the management of such department or institution or make such other arrangements as it thinks fit, and may require the Corporation or, in case the Corporation fails to comply, the Bank or person holding the Corporation Fund to place such amount as may, be necessary for the management of such department or institution at the disposal of the Government.",
"name": "Suspension of particular department or institution of the Corporation",
"related_acts": "",
"section_id": 154
},
{
"act_id": 648,
"details": "150. Every act or omission specified in the Third Schedule shall be an offence under this Ordinance.",
"name": "Offences",
"related_acts": "",
"section_id": 155
},
{
"act_id": 648,
"details": "75151. (1) An offence under this Ordinance for which no penalty is expressly provided shall be punished with fine which may extend to ten thousand taka, and if the offence is a continuing one, with a further fine which may extend to five hundred Taka for every day after the date of the first commission during which period the offender has persisted in the offence. (2) Where a person is convicted of an offence under this Ordinance for the second time, he shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to twenty five thousand Taka or with both. (3) Where a person is convicted of an offence specified in items 3, 14, 19, 24, 44, or 50 of the Third Schedule the Court convicting him may, on the prayer of the Chief Executive Officer or a person mentioned in section 153, also order or direct- (a)\tthe stoppage of doing of any act without any licence or permission; (b)\tthe stoppage of carrying on of any dangerous or offensive trade or the storing of any offensive or dangerous articles; (c)\tthe stoppage of operation or removal of any brick kiln, lime kiln, charcoal kiln or pottery; (d) \tthe removal or destruction of any obscene advertisement; (e)\tthe removal or confiscation of any goods, material, machinery or implement in respect of which or with which any offence mentioned in this sub section is committed, as the case may be.",
"name": "Punishment",
"related_acts": "",
"section_id": 156
},
{
"act_id": 648,
"details": "152. The Chief Executive Officer or any person generally or specially authorised by the Corporation in this behalf, may compound any offence under this Ordinance.",
"name": "Compounding of offences",
"related_acts": "",
"section_id": 157
},
{
"act_id": 648,
"details": "153. No Court shall take cognizance of any offence under this Ordinance except on a complaint in writing received from the Chief Executive Officer or a person generally or specially authorised by the Corporation in this behalf.",
"name": "Cognizance of offences",
"related_acts": "",
"section_id": 158
},
{
"act_id": 648,
"details": "154. (1) The Government may, in the prescribed manner, include within the limits of the City any area adjacent thereto or exclude from the limits of the City any area comprised therewith. (2) When any area is included within the limits of the City, this Ordinance and all rules, regulations, by-laws, directions and powers made, issued or conferred under this Ordinance shall apply to the said area. (3) When any area is excluded from the limits of the City, this Ordinance and all rules, regulations, by-laws, orders, directions and powers made, issued or conferred under this Ordinance shall cease to apply thereto. (4) The Government may make such orders as may be necessary to give effect to the inclusion or exclusion of the said area and any matters incidental or ancillary thereto.",
"name": "Power of Government to include and exclude areas in or from the City and effect thereof",
"related_acts": "",
"section_id": 159
},
{
"act_id": 648,
"details": "155. (1) Any person aggrieved by an order passed by the Corporation or by the Mayor 76* * * or by the Chief Executive Officer in pursuance of this Ordinance or the rules or by-laws, may appeal to such authority, in such manner and within such period as may be prescribed. (2) Any order passed in appeal shall be final and shall not be called in question in any Court.",
"name": "Appeals",
"related_acts": "",
"section_id": 160
},
{
"act_id": 648,
"details": "156. The Government may, by Standing Orders issued from time to time,- (a)\tdefine and regulate the relations of the Corporation with other local authorities; (b)\tprovide for co-ordinating the activities of the Corporation and Government authorities or agencies; (c)\tprovide for giving financial assistance to the Corporation, including the making of grants for specified purposes on specified terms and conditions; (d)\tprovide for the general guidance of the Corporation in carrying out the purposes of this Ordinance.",
"name": "Standing Orders",
"related_acts": "",
"section_id": 161
},
{
"act_id": 648,
"details": "157. (1) The Government may make rules to carry out the purposes of this Ordinance. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the matters enumerated in the Fourth Schedule, and all matters incidental, consequential and supplemental thereto.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 162
},
{
"act_id": 648,
"details": "158. The Corporation may make regulations to regulate the procedure in respect of all or any of the matters enumerated in the Fifth Schedule, and all matters incidental, consequential and supplemental thereto.",
"name": "Power to make regulations",
"related_acts": "",
"section_id": 163
},
{
"act_id": 648,
"details": "159. (1) The Corporation may, and if so required by the Government shall, make by-laws, not inconsistent with the provisions of this Ordinance and the rules, to carry out the purposes of this Ordinance. (2) In particular and without prejudice to the generality of the foregoing power, such by-laws may provide for all or any of the matters enumerated in the Sixth Schedule, and all matters incidental, consequential and supplemental thereto.",
"name": "Power to make by-laws",
"related_acts": "",
"section_id": 164
},
{
"act_id": 648,
"details": "160. (1) All by-laws shall be made subject to the condition of previous publication. (2) All regulations and by-laws shall be subject to the sanction of the Government and the Government may sanction any regulations or by-laws with or without modifications. (3) All rules, regulations and by-laws shall be notified in the official Gazette. (4) Copies of rules, regulations and by-laws shall be kept available at the office of the Corporation for inspection and sale.",
"name": "General provisions relating to rules, etc.",
"related_acts": "",
"section_id": 165
},
{
"act_id": 648,
"details": "161. (1) The Government may, by notification in the official Gazette, delegate all or any of its powers under this Ordinance or the rules to the Divisional Commissioner or any other officer subordinate to it. (2) The Corporation may, by resolution passed with the previous sanction of the Government and subject to such terms and conditions as may be specified in the resolution, delegate any of its functions to all or any of its Standing Committees or to the Chief Executive Officer. (3) A Standing Committee may, by resolution passed with the previous sanction of the Corporation and subject to such terms and conditions as may be specified in the resolutions, delegate any of its functions to the Chief Executive Officer not being power delegated to it under sub-section (2). (4) The Chief Executive Officer may, by order in writing issued with the previous sanction of the Corporation and subject to such terms and conditions as may be specified in the order, delegate any of his functions to any other officer or employees of the Corporation not being powers delegated to him under sub-section (2) or sub-section (3).",
"name": "Delegation of powers",
"related_acts": "",
"section_id": 166
},
{
"act_id": 648,
"details": "162. (1) Wherever it is provided in this Ordinance, or in the rules, regulations or by-laws, that the permission or sanction of the Corporation shall be necessary to the doing of any act, such permission of sanction shall be in writing. (2) Every licence, sanction or permission granted by or under the authority of the Corporation shall be signed by the Chief Executive Officer or by such other officer as may be authorised in this behalf by rules, regulations or by-laws.",
"name": "Licences and sanctions",
"related_acts": "",
"section_id": 167
},
{
"act_id": 648,
"details": "163. No suit shall be instituted against the Corporation or the Mayor 77* * * or Commissioner or the Chief Executive Officer or any other officer or employee of the Corporation in respect of any act done or purporting to be done in official capacity, until the expiration of one month next after notice in writing has been in the case of the Corporation, delivered or left at its office, and in the case of the Mayor 78* * * or any Commissioner, or the Chief Executive Officer or other officer or employee delivered to him or left at his office or place of abode, stating the cause of action and the name and place of abode of the intending plaintiff and the plaint shall contain a statement that such notice has been so delivered or left.",
"name": "Institution of suits against the Corporation, etc.",
"related_acts": "",
"section_id": 168
},
{
"act_id": 648,
"details": "164. (1) Where anything is required to be done or not to be done by any person under this Ordinance, or the rules, regulations or by-laws, a notice shall be served on the person concerned specifying the time within which the requirement shall be complied with. (2) No notice shall be invalid for defect of form. (3) Every notice shall, unless otherwise provided, be served or presented by giving or tendering the notice or sending it by post to the person for whom it is intended or by affixing it on some conspicuous part of his place of abode or business. (4) A notice intended for the public in general shall be deemed to, have been sufficiently served if a copy thereof is affixed in such public place as may be determined by the Corporation.",
"name": "Notice and service thereof",
"related_acts": "",
"section_id": 169
},
{
"act_id": 648,
"details": "165. All records prepared or registers maintained under this Ordinance shall be deemed to be public documents within the meaning of the Evidence Act, 1872 (I of 1872), and shall be presumed to be genuine until the contrary is proved.",
"name": "Records to be public documents",
"related_acts": "24",
"section_id": 170
},
{
"act_id": 648,
"details": "166. The Mayor 80* * * and every Commissioner and the Chief Executive Officer and every other officer or employee of the Corporation, and every other person duly empowered to act on behalf of the Corporation, shall be deemed to be a public servant within the meaning of section 21 of the Penal Code (XLV of 1860).",
"name": "Mayor, *** Commissioners, officers and employees of the Corporation to be public servants",
"related_acts": "",
"section_id": 171
},
{
"act_id": 648,
"details": "166A. Mayor, etc., not to be disqualified for membership of Parliament.- Omitted by section 36 of the Dhaka City Corporation (Amendment) Act, 1993 (Act No. VIII of 1993), which was inserted by section 13 of the Dhaka Municipal Corporation (Amendment) Ordinance, 1986 (Ordinance No. LIII of 1986).",
"name": "Omitted",
"related_acts": "",
"section_id": 172
},
{
"act_id": 648,
"details": "167. No suit, prosecution or other legal proceeding shall lie against the Government or the Corporation, or against any person authorised by either, for anything which is in good faith done or intended to be done under this Ordinance or the rules, regulations or by-laws, or for any damage caused or likely to be caused by any such thing.",
"name": "Protection of action taken in good faith, etc.",
"related_acts": "",
"section_id": 173
},
{
"act_id": 648,
"details": "168. The provisions of this Chapter shall have effect notwithstanding anything contained in any other provision of this Ordinance.",
"name": "Provisions of this Chapter over-ride other provisions",
"related_acts": "",
"section_id": 174
},
{
"act_id": 648,
"details": "169. For the purpose of first general election of Commissioners, the Government shall, by order published in the official Gazette, determine- (a)\tthe number of wards into which the City shall be divided; (b)\tthe extent of each such ward; and (c)\tthe number of seat or seats allotted to each such ward.",
"name": "First election to the Corporation",
"related_acts": "",
"section_id": 175
},
{
"act_id": 648,
"details": "81169A. Notwithstanding anything contained in this Ordinance or in any other law for the time being in force, all orders made, acts and things done, and actions and proceedings taken, or purported to have been made, done or taken, by the Corporation during the period between 18th September, 1991 and the date of the first meeting of the Corporation composed of persons elected, subsequent to 18th September, 1991 under this Ordinance (both days inclusive), are hereby ratified and confirmed and declared to have been validly made, done or taken by the Corporation and shall not be called in question in or before any Court, tribunal or authority on any ground whatsoever.",
"name": "Ratification and confirmation of certain orders, acts etc. of the Corporation",
"related_acts": "",
"section_id": 176
},
{
"act_id": 648,
"details": "170. (1) Until the Corporation is constituted in accordance with the provisions of this Ordinance, the functions of the Corporation shall be performed by an Administrator to be appointed by the Government. (2) The Government may appoint 82three Deputy Administrators to assist the Administrator in the performance of his functions.",
"name": "Appointment of Administrator and Deputy Administrator",
"related_acts": "",
"section_id": 177
},
{
"act_id": 648,
"details": "83170A. (1) The Administrator appointed under section 170 may, with the approval of the Government, appoint a ward committee for each ward to assist him in the performance of his functions. (2) A ward committee shall consist of a Chairman and such number of other members as may be appointed by the Administrator. (3) The Chairman of a ward committee shall be deemed to be a Commissioner for the purposes of this Ordinance.",
"name": "Appointment of ward committees",
"related_acts": "",
"section_id": 178
},
{
"act_id": 648,
"details": "171. (1) On the commencement of this Ordinance, the Paurashava Ordinance, 1977 (Ord. XXVI of 1977), hereinafter referred to as the said Ordinance, shall, in its application to the City of Dhaka, stand repealed. (2) Upon the repeal of the said Ordinance,- (a)\tall rules, regulations by-laws or orders made, notifications or notices issued, or licences or permissions granted under the enactment repealed under sub-section (1), and in force immediately before the commencement of this Ordinance shall, in so far as it is not inconsistent with the provisions of this Ordinance, continue in force and be deemed to have been respectively made, issued or granted under the provisions of this Ordinance until it is altered, repealed or amended under the said provisions; (b)\tall assets, rights, powers, authorities and privileges, and all property, movable and immovable, cash and bank balances, funds, investments and all other rights and interests in, or arising out of such property of the Dhaka Municipal Corporation constituted under the said Ordinance and subsisting immediately before the commencement of this Ordinance shall stand transferred to and vest in the Corporation; (c)\tall debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the Dhaka Municipal Corporation before the commencement of this Ordinance shall be deemed to have been incurred, entered into or engaged to be done by, with or for the Corporation under this Ordinance; (d)\tall budget estimates, assessments, valuations, measurements or schemes made by the Dhaka Municipal Corporation shall, in so far as they are not inconsistent with the provisions of this Ordinance, continue in force and be deemed to have been made under the provisions of this Ordinance until it is altered, amended or superseded under the provisions of this Ordinance; (e)\tall taxes, rates, tolls, cesses, fees, rents and other sums of money due to the Dhaka Municipal Corporation immediately before the commencement of this Ordinance shall be deemed to be due to the Corporation; (f)\tall taxes, rates, tolls, cesses, fees, rents and other charges levied by the Dhaka Municipal Corporation shall, until they are varied by the Corporation, continue to be levied at the same rate at which they were levied immediately before the commencement of this Ordinance and shall be deemed to have been levied under this Ordinance; (g)\tevery officer and other employee of the Dhaka Municipal Corporation constituted under the said Ordinance shall stand transferred to and become an officer or other employee of the Corporation and shall hold office or service in the Corporation on the same terms and conditions as were enjoyed by him immediately before the commencement of this Ordinance and shall continue to do so until his terms and conditions are duly altered under this Ordinance; (h)\tall suits, prosecutions and other legal proceedings instituted by or against the Dhaka Municipal Corporation before the commencement of this Ordinance shall be deemed to be suits, prosecutions and proceedings by or against the Corporation and shall be proceeded or otherwise dealt with accordingly.",
"name": "Repeals and savings",
"related_acts": "549",
"section_id": 179
},
{
"act_id": 648,
"details": "172. Where this Ordinance makes any provision for anything to be done but no provision, or no sufficient provision, has been made as respects the authority by whom, or the manner in which, it shall be done, then, it shall be done by such authority and in such manner as may be prescribed.",
"name": "Certain matters to be prescribed",
"related_acts": "",
"section_id": 180
},
{
"act_id": 648,
"details": "173. If any difficulties arises in giving effect to the provisions of this Ordinance, the Government may, by order, do anything which appears to it to be necessary for the purpose of removing the difficulty: Provided that no such order shall be made after the expiration of two years from the constitution of the Corporation.",
"name": "Removal of difficulties",
"related_acts": "",
"section_id": 181
}
],
"text": "An Ordinance to consolidate and amend the law relating to the municipal administration of the City of Dhaka. WHEREAS it is expedient to consolidate and amend the law relating to the municipal administration of the City of Dhaka; NOW, THEREFORE, in pursuance of the Proclamation of the 24th day of March, 1982, and in exercise of all powers enabling him in that behalf, the Chief Martial Law Administrator is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 649,
"lower_text": [],
"name": "The Bangladesh Homoeopathic Practitioners Ordinance, 1983",
"num_of_sections": 48,
"published_date": "25th August, 1983",
"related_act": [
649
],
"repelled": true,
"sections": [
{
"act_id": 649,
"details": "1. This Ordinance may be called the Bangladesh Homoeopathic Practitioners Ordinance, 1983.",
"name": "Short title",
"related_acts": "649",
"section_id": 1
},
{
"act_id": 649,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“Board” means the Bangladesh Homoeopathic Board established under section 3; (b)\t“Chairman” means the Chairman of the Board; (c)\t“Homoeopath” means a practitioner of Homoeopathic system of medicine and includes a practitioner of Biochemic system of medicine founded by Dr. Schuessler; (d)\t“Homoeopathy” means the system of medicine founded by Dr. Samuel Hahnemann; (e)\t\t“List” means the list of Homoeopaths maintained under section 27; (f)\t“member” means a member of the Board; (g)\t“prescribed” means prescribed by rules or regulations made under this Ordinance; (h)\t“recognised” means recognised by the Government for the purpose of this Ordinance; (i)\t“register” means a register of practitioners of Homoeopathic or Bio-chemic system of medicine maintained under this Ordinance; (j)\t“registered practitioner” means a practitioner of Homoeopathic or Biochemic system of medicine whose name is for the time being entered in a register; (k)\t“Registrar” means the Registrar of the Board; (l)\t“regulations” means regulations made under this Ordinance; (m) “rules” means rules made under this Ordinance; (n) \t“teacher” means a person appointed, with the approval of the Board, to teach in a recognised Homoeopathic institution.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 649,
"details": "3. (1) As soon as may be after the commencement of this Ordinance, the Government shall, by notification in the official Gazette, establish a Board to be called the Bangladesh Board of Homoeopathic system of Medicine for carrying out the purposes of this Ordinance. (2) The Board shall be a body corporate, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and shall by the said name sue and be sued.",
"name": "Establishment and incorporation of Board",
"related_acts": "",
"section_id": 3
},
{
"act_id": 649,
"details": "4. (1) The Board shall consist of- (a)\ta Chairman to be nominated by the Government; (b)\tone member from each administrative division to be elected by the teachers of recognised teaching institutions of Homoeopathy of the division concerned from amongst themselves; (c)\tone member from each administrative division to be nominated by the Government from amongst the registered practitioners of Homoeopathy and listed Homoeopaths; (d) \ttwo women members to be nominated by the Government. (2) The members under sub section (1)(b) shall be elected in such manner as may be prescribed by rules. (3) Notwithstanding anything contained in sub section (1), for the purpose of constituting the Board for the first time, the members required to be elected under sub section (1)(b) shall be nominated by the Government.",
"name": "Composition of the Board",
"related_acts": "",
"section_id": 4
},
{
"act_id": 649,
"details": "5. (1) The Chairman and a member of the Board shall, subject to other provisions of this Ordinance and the rules made thereunder, hold office for a term of three years from the date of his election or nomination as Chairman or member, as the case may be, or until his successor shall have been duly elected or nominated, whichever period is longer. (2) A member elected under section 4(1)(b) shall be deemed to have vacated his seat if he ceases to be teacher of any teaching institution of Homoeopathy. (3) A casual vacancy in the Board shall be filled by election or nomination, as the case may be, and the person elected or nominated to fill the vacancy shall hold office only for the remainder of the term for which the member whose place he takes was elected or nominated. (4) Where the said term of three years is about to expire in respect of any member or members, a successor or successors may be elected or nominated, as the case may be, at any time within three months before the said term expires but the member or members so elected or nominated shall not assume office until the said term has expired.",
"name": "Terms of office of Chairman and members",
"related_acts": "",
"section_id": 5
},
{
"act_id": 649,
"details": "6. The Government shall publish in the official Gazette the names of the Chairman and the members of the Board together with the dates on which such members are elected or nominated.",
"name": "Publication of names, etc.",
"related_acts": "",
"section_id": 6
},
{
"act_id": 649,
"details": "7. No act or proceedings of the Board shall be invalid merely on the ground of the existence of any vacancy in, or any defect in the composition of the Board.",
"name": "Vacancies not to invalidate proceedings of the Board",
"related_acts": "",
"section_id": 7
},
{
"act_id": 649,
"details": "8. The Chairman may resign his office by letter addressed to the Government and a member may resign his office by letter addressed to the Chairman and such resignation shall take effect from the date it is accepted by the Government or the Chairman, as the case may be.",
"name": "Resignation from membership",
"related_acts": "",
"section_id": 8
},
{
"act_id": 649,
"details": "9. If the electors referred to in section 4(1)(b) fail to elect a member within the prescribed period, the Government shall fill up the office of such member by nomination of a person qualified to be elected by such electors; and any person so nominated by the Government shall be deemed to have been duly elected by such electors.",
"name": "Power of Government to nominate members in certain circumstances",
"related_acts": "",
"section_id": 9
},
{
"act_id": 649,
"details": "10. If any member- (a)\tdies; or (b)\tabsents himself, without such reasons as may in the opinion of the Board be sufficient, from three consecutive ordinary meetings of the Board; or (c)\tbecomes subject to any of the disqualifications mentioned in section 11; the Board shall declare his office vacant.",
"name": "Declaration of vacancies",
"related_acts": "",
"section_id": 10
},
{
"act_id": 649,
"details": "11. No person shall be a member of the Board, if- (a)\the is not a citizen of Bangladesh; (b)\the is an undischarged insolvent; (c)\the has been adjudicated by a competent Court to be of unsound mind; (d)\the has at any time been convicted of an offence which in the opinion of the Government involves moral turpitude; (e)\the has been dismissed from the service of the Government or a local authority on a charge of gross misconduct or an offence involving moral turpitude; or (f)\the is less than 25 years of age.",
"name": "Disqualification of members",
"related_acts": "",
"section_id": 11
},
{
"act_id": 649,
"details": "12. If, in the opinion of the Government, anything done or intended to be done by or on behalf of the Board is not in conformity with the provisions of this Ordinance or is in any way against public interest, the Government may, by order,- (a)\tquash the proceedings; (b)\tsuspend the execution of any resolution passed or order made by the Board; (c)\tprohibit the doing of anything proposed to be done; or (d)\trequire the Board to take such action as may be specified.",
"name": "Control over the Board",
"related_acts": "",
"section_id": 12
},
{
"act_id": 649,
"details": "13. The following shall be the functions of the Board, namely:- (a)\tto consider applications for recognition under this Ordinance made by institutions imparting or desiring to impart instruction in Homoeopathy; (b)\tto ensure the maintenance of an adequate standard of efficiency in recognised institutions; (c)\tto appoint committees and sub-committees for carrying out the purposes of this Ordinance; (d)\tto regulate academic and teaching standard of Homoeopathy and to upgrade the professional practice thereof; (e)\tto hold seminars and arrange for refresher courses on Homoeopathy; (f)\tto arrange, from time to time, for short courses of study for upgrading the standard of the registered Homoeopaths and to grant certificates to those attending the courses on passing the examinations; (g)\tto hold examinations and confer certificates, diplomas and degrees in Homoeopathic medicine and surgery; (h)\tto make arrangement for the registration of duly qualified persons in accordance with the provisions of this Ordinance; (i)\tto provide for research in Homoeopathy; (j)\tto arrange for the writing of text-books on Homoeopathy; (k)\tto publish journals, bulletins and other literatures on Homoeopathy; (l)\tto grant scholarships, stipends, prizes and medals to meritorious and deserving students of recognised institutions and to arrange research or special study on Homoeopathy by students of recognised institutions in Bangladesh or abroad; (m)\tto supervise the arrangements made by the recognised institutions in respect of residence, health and general welfare of their students; (n)\tto establish, manage and control Homoeopathic colleges, hospitals and charitable dispensaries and sanction grants to charitable Homoeopathic dispensaries; (o)\tto establish and manage a Homoeopathic medical store for supplying medicines and other accessories to the Homoeopathic hospitals and dispensaries attached to the recognised Homoeopathic medical colleges and to Homoeopathic hospital and dispensaries established and managed by it or on private initiative; (p)\tto prepare Bangladesh Homoeopathic Pharmacopoeia on the basis of principles of Homoeopathy; (q)\tto do such other acts and things as it may be empowered or required to do by this Ordinance or the rules made thereunder.",
"name": "Functions of the Board",
"related_acts": "",
"section_id": 13
},
{
"act_id": 649,
"details": "14. (1) The Board shall meet at such time and place, and every meeting of the Board shall be summoned in such manner, as may be prescribed by regulations: Provided that, until such regulations are made, the Chairman may, by notice addressed to each member, summon a meeting of the Board at such time and place as he may deem expedient. (2) The Chairman shall preside at every meeting of the Board, and in his absence, the members present shall elect a member from amongst themselves to preside. (3) Except as hereinafter provided, all questions at a meeting of the Board shall be decided by majority of the votes of the members present. (4) At a meeting of the Board four members shall form a quorum. (5) At every meeting of the Board, the Chairman for the time being shall, in addition to his vote as a member of the Board, have a second or casting vote in case of an equality of votes.",
"name": "Meetings of the Board",
"related_acts": "",
"section_id": 14
},
{
"act_id": 649,
"details": "15. (1) The Board shall, with the previous approval in writing of the Government, appoint a Registrar on such terms and conditions as may be prescribed by rules. (2) If the office of the Registrar is vacant or if the Registrar is unable to perform functions of his office on account of absence, illness or any other cause, the Board may, with the previous approval of the Government, appoint any officer of the Board to act as Registrar until a new Registrar is appointed or until the Registrar resumes the functions of his office, as the case may be. (3) The Board may appoint such other employees as it considers necessary for the efficient performance of its functions on such terms and conditions as may be prescribed by regulations. (4) The Registrar shall be the Secretary to the Board and shall exercise such powers and perform such duties as may be prescribed by regulations. (5) The Registrar may, in the event of an urgency, appoint for the efficient performance of the functions of the Board, such employees as he considers necessary on the terms and conditions prescribed by regulations: Provided that every appointment under this sub-section shall be reported to the Board forthwith and no such appointment shall continue beyond six months unless approved by the Board.",
"name": "Officers of the Board and their terms and conditions of service",
"related_acts": "",
"section_id": 15
},
{
"act_id": 649,
"details": "16. (1) Any institution imparting or desiring to impart instruction in the Homoeopathic system of medicine may apply for recognition under this Ordinance. (2) An application for recognition shall be addressed to the Registrar and shall contain full information in respect of the following matters, namely:- (a)\tthe constitution and personnel of the managing body of the institution; (b)\tthe subjects and courses in which it imparts or proposes to impart instruction as per syllabi and curriculum of the Board; (c)\tthe number of beds in the attached hospital; (d)\tthe equipment possessed by the institution and the number of students for whom accommodation and other provision have been made or are proposed to be made; (e)\tthe facilities provided or proposed to be provided for dissection and study of subjects, such as, Biology, Anatomy, Physiology and Pathology; (f)\tthe strength and particulars of the staff, their salaries, qualifications and the research work to their credit; (g)\tthe fees levied or proposed to be levied and the provisions made for capital expenditure on buildings and equipment and for the continued maintenance and efficient working of the institution; (h)\tthe permanent assets and the reserve fund in the name of the institution in bank. (3) The Registrar shall place the application before the Board, and the Board may direct the Registrar to call for any further information which it may consider necessary, and may also direct a local inquiry to be made by competent person or persons authorised by it in this behalf. (4) After considering the report of such local inquiry, if any, and making such further inquiry as may appear to it to be necessary, the Board shall, subject to the approval of the Government, grant or refuse to grant recognition. (5) When recognition is granted to an institution under this section, the name of the institution shall be published by the Board in the official Gazette.",
"name": "Recognition of institutions",
"related_acts": "",
"section_id": 16
},
{
"act_id": 649,
"details": "17. (1) The Homoeopathic institutions specified in the Schedule shall be recognised Homoeopathic institutions. (2) The Board may, with the approval of the Government, by notification in the official Gazette, include any foreign Homoeopathic institution in Part 'B' of the Schedule.",
"name": "Recognised Homoeopathic Institutions",
"related_acts": "",
"section_id": 17
},
{
"act_id": 649,
"details": "18. (1) It shall be the duty of the Board to secure the maintenance of an adequate standard of efficiency in recognised institutions. (2) For the purpose of securing such standard, the Board may- (a) \tfrom time to time call upon any recognised institution to furnish such particulars as the Board may require of any course of study provided or examination conducted by such institution; and (b) depute inspectors or teachers of recognised Homoeopathic institutions to attend and be present at all or any of the examinations conducted by the Board. (3) The inspectors or teachers shall not interfere with the conduct of any examination and their duty shall be to report to the Board their opinion as to the sufficiency or otherwise of an examination which they attend, and any other matter in relation to such examination on which the Board may require them to report. (4) The Board shall arrange periodical inspection of recognised institutions and supervision of examinations conducted by the Board through inspectors, to be appointed by the Board, and shall pay such salaries and allowances and travelling expenses to the inspectors as may be fixed by the Board.",
"name": "Maintenance of standard of efficiency",
"related_acts": "",
"section_id": 18
},
{
"act_id": 649,
"details": "19. (1) The Board when it thinks fit may, and when required to do so by the Government shall, make an inquiry whether any recognised institution should cease to be a recognised institution. (2) If, in making such an inquiry, and after considering all such information and reports as are referred to in the preceding section and making such further inquiry as may appear to it to be necessary, the Board is satisfied that the courses of study provided or the examinations conducted by a recognised institution are not such as to secure an adequate standard of efficiency for the practice of Homoeopathy, it shall make an order withdrawing the recognition: Provided that no order under this sub-section shall be made unless the institution concerned has been given an opportunity to raise, within a specified time, the standard of the courses of study and examination to the satisfaction of the Board, and the institution has, in the opinion of the Board, failed to do so.",
"name": "Withdrawal of recognition",
"related_acts": "",
"section_id": 19
},
{
"act_id": 649,
"details": "20. (1) The duration of diploma course in a recognised institution of Homoeopathy shall be four years with internship for an additional period of six months. (2) The Board may arrange for degree and other higher courses in Homoeopathy and the duration and subjects of such courses shall be as prescribed by regulations.",
"name": "Duration of courses",
"related_acts": "",
"section_id": 20
},
{
"act_id": 649,
"details": "21. The minimum qualifications required for admission to different courses shall be as prescribed by regulations.",
"name": "Qualification for admission",
"related_acts": "",
"section_id": 21
},
{
"act_id": 649,
"details": "22. (1) A qualifying examination shall be held at least once in every year for the purpose of granting diploma or degree conferring the right of registration under this Ordinance. (2) The examination shall be held on the subjects prescribed by regulations and the right of appearing at the examination shall be restricted to candidates who have undergone a course of study in such subjects in the prescribed manner at a recognised institution.",
"name": "Qualifying examination",
"related_acts": "",
"section_id": 22
},
{
"act_id": 649,
"details": "23. The examination shall be held under the control of an examining body to be appointed by the Board duly approved by the Government on annual basis.",
"name": "Examining body",
"related_acts": "",
"section_id": 23
},
{
"act_id": 649,
"details": "24. The Board may, with the approval of the Government, appoint a Controller of Examinations who shall act as Secretary to the examining body and so long as the Controller of Examinations is not appointed, the Registrar shall perform the functions of the Controller of Examinations.",
"name": "Controller of Examinations",
"related_acts": "",
"section_id": 24
},
{
"act_id": 649,
"details": "25. (1) Application for registration under this Ordinance shall be made in such form and on payment of such fee as may be prescribed by rules. (2) Applications under section 26(1) shall be received annually after the results of the examinations held under section 23 are declared. (3) The Board shall examine the applications received under this section and after making such inquires as it thinks fit regarding the qualifications and the length and nature of practice of the applicants and their professional efficiency direct the entry of the names of eligible applicants to be made in the register in accordance with the provisions of this Ordinance.",
"name": "Procedure of registration",
"related_acts": "",
"section_id": 25
},
{
"act_id": 649,
"details": "26. (1) Every person who passes the qualifying examination in the Homoeopathic system of medicine from any of the institutions mentioned in the Schedule may apply under section 25. (2) Every person who is a registered medical practitioner within the meaning of the Medical and Dental Council Act, 1980 (XVI of 1980), and passed a written examination on the subjects of Homoeopathic Materia Medica, Principles of Homoeopathy and practice of medicine and Homoeopathic Philosophy to be conducted by the examining body appointed under section 23, may apply under section 25.",
"name": "Registration of practitioners",
"related_acts": "",
"section_id": 26
},
{
"act_id": 649,
"details": "27. (1) The Registrar shall prepare and maintain a list of Homoeopaths who are entitled to have their names to be entered therein under sub-section (2). (2) Every person who has applied to the Board before the commencement of this Ordinance and proves to the satisfaction of the Board that he has not less than five years practice to his credit and has the requisite knowledge and skill for the efficient practice of Homoeopathy, shall on payment of such fees as may be prescribed by rules be entitled to have his name entered in the list maintained under sub section (1): Provided that a person who has applied under this sub-section shall be entitled to practise Homoeopathy until his application is disposed of. (3) Every person whose name has been entered in the list maintained under this section shall be entitled to the privilege specified in section 33(b).",
"name": "Listing of certain Homoeopaths",
"related_acts": "",
"section_id": 27
},
{
"act_id": 649,
"details": "28. The Board may direct that the name of any practitioner who has been convicted of a cognizable offence or who after the enquiry has been found guilty of misconduct shall be removed from the register or the list, as the case may be, if the offence or misconduct, in the opinion of the Board, discloses moral turpitude such as to render him unfit to practise his profession: Provided that no action shall be taken by the Board under this section unless the person convicted of the cognizable offence or found guilty of misconduct has been given a reasonable opportunity to show cause against the punishment proposed to be inflicted on him.",
"name": "Removal from register, etc.",
"related_acts": "",
"section_id": 28
},
{
"act_id": 649,
"details": "29. The Board may, on its own motion or on information received from any person and after due enquiry and giving the person concerned an opportunity of being heard, cancel or alter any entry in the register or the list, as the case may be, if in the opinion of the Board the entry was made fraudulently or improperly.",
"name": "Cancellation or alteration of entries in register, etc.",
"related_acts": "",
"section_id": 29
},
{
"act_id": 649,
"details": "30. (1) Subject to any general or special orders of the Board, it shall be the duty of the Registrar to keep the register and the list and to attend the meetings of the Board. (2) The register and the list shall contain the name, present and permanent addresses and qualifications of every practitioner registered or listed under this Ordinance and the date on which the qualifications were acquired. (3) The Registrar shall keep the register and the list correct and up to date and shall, from time to time, enter therein any alteration in the present and permanent addresses and qualifications of the practitioners, and remove therefrom the names of the practitioners who die or whose names are directed to be removed in accordance with the provisions of this Ordinance. (4) The Government may by rules prescribe any fee for any alteration in the register due to additional qualifications and for re-entry in the register under sub-section (5). (5) If the Registrar has reason to believe that any registered or listed practitioner has ceased to practise or has changed his present or permanent address without due information to him, he may write, by registered post, to such practitioner at the address as entered in the register or the list, as the case may be, to inquire whether he has ceased to practise or has changed his present or permanent address or residence, and if within six months no reply is received, the Registrar may remove the name of such practitioner from the register or the list, as the case may be: Provided that the Board may, at any time on the application of the practitioner whose name is removed under this sub-section, order that the name of such practitioner be re-entered in the register or the list, as the case may be.",
"name": "Maintenance of register, etc.",
"related_acts": "",
"section_id": 30
},
{
"act_id": 649,
"details": "31. (1) The Registrar shall, in every fifth years, on or before a date to be fixed by the Board cause to be published a correct list of the names and qualifications, for the time being entered in the register and list and the dates when such qualifications were acquired. (2) It shall be presumed that any person whose name has been entered in any such list, is a registered or a listed practitioner, as the case may be, and that any person whose name is not so entered is neither a registered nor a listed practitioner.",
"name": "Publication of list",
"related_acts": "",
"section_id": 31
},
{
"act_id": 649,
"details": "32. Every registered practitioner shall inform the Registrar of any change in his permanent address.",
"name": "Intimation of change of address",
"related_acts": "",
"section_id": 32
},
{
"act_id": 649,
"details": "33. Notwithstanding anything contained in any law for the time being in force, every practitioner registered under section 26(1) shall be entitled- (a)\tto hold any appointment as a teacher, physician or medical officer in any Homoeopathic medical college, dispensary, hospital, infirmary or lying in hospital if such dispensary, hospital, infirmary or lying in hospital is supported by, or receives a grant from, the Government or any local authority and treats patients according to Homoeopathic system of medicine or in any public establishment, body or institution practising such system; and (b)\tto recover fees through Courts.",
"name": "Privileges of registered practitioners",
"related_acts": "",
"section_id": 33
},
{
"act_id": 649,
"details": "34. A registered practitioner and listed Homoeopath shall abide by the Code of Ethics for Homoeopathic practitioners framed by the Board and approved by the Government.",
"name": "Code of Ethics",
"related_acts": "",
"section_id": 34
},
{
"act_id": 649,
"details": "35. No practitioner registered under section 26 or, as the case may be, entered in the list under section 27 shall stock, prescribe or sell any drugs or medicines except such as are included in the Homoeopathic Pharmacopoeia approved by the Board.",
"name": "Restrictions",
"related_acts": "",
"section_id": 35
},
{
"act_id": 649,
"details": "36. Whoever contravenes the provisions of section 34 or 35, shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to Taka one thousand, or with both.",
"name": "Penalties",
"related_acts": "",
"section_id": 36
},
{
"act_id": 649,
"details": "37. (1) No person other than a practitioner registered or listed under this Ordinance shall practise or hold himself out, whether directly or by implication, as practising the Homoeopathic system of medicine. (2) Whoever contravenes the provisions of this section shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to Taka one thousand, or with both.",
"name": "37. \tPersons not registered under this Ordinance not to practise, etc.",
"related_acts": "",
"section_id": 37
},
{
"act_id": 649,
"details": "38. (1) No person other than a body or institution authorised under this Ordinance shall confer, grant or issue a degree, diploma or certificate which purports to entitle the holder to practise Homoeopathic system of medicine, or which is identical with or is a colourable imitation of any degree, diploma or certificate granted by a body or institution so authorised. (2) Whoever contravenes the provisions of this section shall be punishable with fine which may extend to Taka one thousand, and if the person so contravening is an association, every member of such association, who knowingly or wilfully authorises or permits the contravention, shall be punishable with fine which may extend to Taka one thousand.",
"name": "Colourable imitation of degree",
"related_acts": "",
"section_id": 38
},
{
"act_id": 649,
"details": "39. (1) No person shall add to his name, title or description any letters or abbreviation which imply or are calculated to lead to the belief that he holds a degree, diploma or certificate as his qualification to practise the Homoeopathic system of medicine unless he holds such degree, diploma or certificate and such degree, diploma or certificate- (a)\tis recognised by any law for the time being in force in Bangladesh; or (b)\thas been conferred, granted or issued by a body or institution authorised under this Ordinance in this behalf; or (c) has been conferred, granted or issued by an authority recognised as competent by the Government to confer, grant or issue such degree, diploma or certificate. (2) Whoever contravenes the provisions of this section shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to Taka one thousand, or with both.",
"name": "Prohibition against use of title, description, etc.",
"related_acts": "",
"section_id": 39
},
{
"act_id": 649,
"details": "40. Nothing in this Chapter shall apply to any person who, being a technical assistant attends on a case under the direction and personal guidance of registered practitioners of Homoeopathy.",
"name": "Savings",
"related_acts": "",
"section_id": 40
},
{
"act_id": 649,
"details": "41. (1) No Court shall take cognizance of any offence under this Ordinance except on a complaint in writing by an officer empowered in this behalf by the Government. (2) No Court other than the Court of a Magistrate of the first class shall try an offence under this Ordinance.",
"name": "Cognizance of offence, etc.",
"related_acts": "",
"section_id": 41
},
{
"act_id": 649,
"details": "42. (1) If at any time it appears to the Government that the Board has failed to exercise or has exceeded or abused any of the powers conferred upon it by or under this Ordinance, or has failed to perform a duty imposed upon it by this Ordinance, the Government may, if it considers such failure, excess or abuse to be of a serious character, notify the particulars thereof to the Board, and if the Board fails to remedy such failures, excess or abuse, within such time as may be fixed in this behalf, the Government may, by notification in the official Gazette, supersede the Board for such period not exceeding ninety days, as may be specified in the notification. (2) Upon the supersession of the Board under sub section (1),- (a) \tthe persons holding office as Chairman and members of the Board shall cease to hold office; and (b) \tall powers and functions of the Board shall, during the period of supersession, be exercised and performed by such person or authority as the Government may appoint in this behalf, as if such person or authority were the Board. (3) The Board shall be reconstituted in accordance with the provisions of this Ordinance for the exercise and performance of its powers and functions on the expiry of the period specified in the notification under sub section (1).",
"name": "Supersession of the Board",
"related_acts": "",
"section_id": 42
},
{
"act_id": 649,
"details": "43. All moneys received by the Board including grants, aids and fees shall be applied for the purposes of the Board in accordance with the rules and regulations made under this Ordinance.",
"name": "Grants, aids, fees, etc., received by the Board",
"related_acts": "",
"section_id": 43
},
{
"act_id": 649,
"details": "44. Every person in charge of registration of deaths shall, on receiving notice of the death of a registered or listed practitioner, forthwith transmit by post to the Registrar a certificate under his own hand of such death with the particulars of time and place of death and may charge from the Registrar the cost of such certificate and transmission as an expense of his office.",
"name": "Death of a registered or listed practitioner",
"related_acts": "",
"section_id": 44
},
{
"act_id": 649,
"details": "45. No suit, prosecution or other legal proceeding shall be instituted against any person for anything which is done or intended to be done, in good faith, under this Ordinance or the rules or regulations made thereunder.",
"name": "Indemnity",
"related_acts": "",
"section_id": 45
},
{
"act_id": 649,
"details": "46. (1) The Government may, after consulting the Board, by notification in the official Gazette, make rules to carry out the purposes of this Ordinance. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- (a)\tthe time and place at which and the manner in which elections shall be held; (b)\tthe manner in which vacancies shall be filled; (c)\tthe form of the list and register and the particulars to be entered therein; (d)\tfees chargeable for enrolment of students, the registration and renewal of registration, alteration in the register regarding additional qualifications, re-entry of names and alteration of other entries in the register; (e) \tthe purposes of which the fees received by the Board shall be supplied; (f) \tany other matter which may be or is required to be prescribed by rules under this Ordinance.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 46
},
{
"act_id": 649,
"details": "47. The Board may, with the previous approval in writing of the Government, make regulations not inconsistent with this Ordinance or the rules made thereunder for the following matters, namely:- (a) \tcourses of study for training and qualifying examinations; (b) \tlanguages in which examination shall be conducted and instruction given; (c) \tadmission of students to recognised institutions; (d) \tconditions under which candidates shall be admitted to different courses and to the qualifying and other examinations; (e) \tthe conditions for the appointment of teachers in recognised institutions; (f) \trequirements for recognition of teaching institutions; (g) \ttime and place at which the Board shall hold its meetings; (h) \ttitle, degree, diploma and certificate which the Board shall confer or grant; (i) \tsuch other matters as may be necessary for the exercise of powers and performance of functions by the Board under this Ordinance and the rules made thereunder.",
"name": "Power to make regulations",
"related_acts": "",
"section_id": 47
},
{
"act_id": 649,
"details": "48. (1) The Unani, Ayurvedic and Homoeopathic Practitioners Act, 1965 (II of 1965), hereinafter referred to as the said Act, shall in so far as it relates to the Board of Homoeopathic System of Medicine established thereunder referred to as the defunct Board, is hereby repealed. (2) Upon the repeal of the said Act,- (a) \tall assets, rights, powers, authorities and privileges, and all properties movable and immovable, cash and bank balances, funds of the defunct Board in Bangladesh and all other interests and rights in, or arising out of such property shall stand transferred to, and vested in the Board; (b) \tall debts, liabilities and obligations of the defunct Board in Bangladesh shall be the debts, liabilities and obligations of the Board; (c) \tall suits and other legal proceedings instituted by or against the defunct Board in Bangladesh shall be deemed to have been instituted by or against the Board; (d) \tall officers and employees of the defunct Board in Bangladesh shall, notwithstanding anything contained in any contract or agreement or in the terms and conditions of service stand transferred to the Board and shall be deemed to be officers and other employees of the Board appointed by it on the same terms and conditions of service as were applicable to them in the defunct Board unless such terms and conditions are altered, not being to their disadvantage, by the Board; and (e) \tevery Homoeopathic practitioner registered or listed under the said Act, shall be deemed to be registered or listed, as the case may be, under this Ordinance.",
"name": "Repeal and savings",
"related_acts": "",
"section_id": 48
}
],
"text": "An Ordinance to provide for the regulation of the qualifications and registration of practitioners of Homoeopathic system of medicine. WHEREAS it is expedient to provide for the regulation of the qualifications and registration of practitioners of Homoeopathic system of medicine and for matters connected therewith; NOW, THEREFORE, in pursuance of the proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the Chief Martial Law Administrator is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 650,
"lower_text": [],
"name": "The Primary Education (Repeal) Ordinance, 1983",
"num_of_sections": 2,
"published_date": "4th September, 1983",
"related_act": [
650
],
"repelled": false,
"sections": [
{
"act_id": 650,
"details": "1. This Ordinance may be called the Primary Education (Repeal) Ordinance, 1983.",
"name": "Short title",
"related_acts": "650",
"section_id": 1
},
{
"act_id": 650,
"details": "2. The Primary Education Act, 1981 (IV of 1981), is hereby repealed.",
"name": "Repeal of Act IV of 1981",
"related_acts": "",
"section_id": 2
}
],
"text": "An Ordinance to repeal the Primary Education Act, 1981. WHEREAS it is expedient to repeal the Primary Education Act, 1981 (IV of 1981); NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the Chief Martial Law Administrator is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 651,
"lower_text": [
"1 The words “seven crore and twenty lakh” were substituted for the words “three crore” by sectoin 2 of the Grameen Bank (Amendment) Ordinance, 1986 (Ordinance No. LI of 1986)",
"2 Sub-section (2) was substituted by section 2 of the গ্রামীণ ব্যাংক (সংশোধন) আইন, ১৯৯০ (১৯৯০ সনের ৫০ নং আইন)",
"3 Section 9 was substituted by section 3 of the গ্রামীণ ব্যাংক (সংশোধন) আইন, ১৯৯০ (১৯৯০ সনের ৫০ নং আইন)",
"4 Sub-section (1) was substituted by section 4 of the গ্রামীণ ব্যাংক (সংশোধন) আইন, ১৯৯০ (১৯৯০ সনের ৫০ নং আইন)",
"5 Section 14 was substituted by section 5 of the গ্রামীণ ব্যাংক (সংশোধন) আইন, ১৯৯০ (১৯৯০ সনের ৫০ নং আইন)",
"6 Sub-section (1), (2) and (3) were substituted by section 2 of The Grameen Bank (Amendment) Act, 2012 (Act No. XLII of 2012).",
"7 The words “prescribed by regulations” were substituted for the word “prescribed ” by section 6 of the গ্রামীণ ব্যাংক (সংশোধন) আইন, ১৯৯০ (১৯৯০ সনের ৫০ নং আইন)",
"8 Section 16 was substituted by section 7 of the গ্রামীণ ব্যাংক (সংশোধন) আইন, ১৯৯০ (১৯৯০ সনের ৫০ নং আইন)",
"9 Clause (e) was substituted by section 8 of the গ্রামীণ ব্যাংক (সংশোধন) আইন, ১৯৯০ (১৯৯০ সনের ৫০ নং আইন)",
"10 The words and comma “with the approval of the Government,” were omitted by section 8 of the গ্রামীণ ব্যাংক (সংশোধন) আইন, ১৯৯০ (১৯৯০ সনের ৫০ নং আইন)",
"11 The words and comma “with the approval of the Government,” were omitted by section 8 of the গ্রামীণ ব্যাংক (সংশোধন) আইন, ১৯৯০ (১৯৯০ সনের ৫০ নং আইন)",
"12 The words and comma “with the approval of the Government,” were omitted by section 8 of the গ্রামীণ ব্যাংক (সংশোধন) আইন, ১৯৯০ (১৯৯০ সনের ৫০ নং আইন)",
"13 Clause (nn) was inserted by section 8 of the গ্রামীণ ব্যাংক (সংশোধন) আইন, ১৯৯০ (১৯৯০ সনের ৫০ নং আইন)",
"14 The words and comma “with the approval of the Government,” were omitted by section 8 of the গ্রামীণ ব্যাংক (সংশোধন) আইন, ১৯৯০ (১৯৯০ সনের ৫০ নং আইন)",
"15 The words “the Government and” were omitted by section 9 of the গ্রামীণ ব্যাংক (সংশোধন) আইন, ১৯৯০ (১৯৯০ সনের ৫০ নং আইন)",
"16 The comma and words “, who shall be appointed by the Government” were omitted by section 10 of the গ্রামীণ ব্যাংক (সংশোধন) আইন, ১৯৯০ (১৯৯০ সনের ৫০ নং আইন)",
"17 The word “Board” was substituted for the word “Government” by section 10 of the গ্রামীণ ব্যাংক (সংশোধন) আইন, ১৯৯০ (১৯৯০ সনের ৫০ নং আইন)",
"18 The word “Bank” was substituted for the word “Board” by section 10 of the গ্রামীণ ব্যাংক (সংশোধন) আইন, ১৯৯০ (১৯৯০ সনের ৫০ নং আইন)",
"19 The word “Board” was substituted for the word “Government” by section 10 of the গ্রামীণ ব্যাংক (সংশোধন) আইন, ১৯৯০ (১৯৯০ সনের ৫০ নং আইন)",
"20 The word “shareholders” was substituted for the word “Government” by section 10 of the গ্রামীণ ব্যাংক (সংশোধন) আইন, ১৯৯০ (১৯৯০ সনের ৫০ নং আইন)",
"21 The word “Bank” was substituted for the word “Government” by section 10 of the গ্রামীণ ব্যাংক (সংশোধন) আইন, ১৯৯০ (১৯৯০ সনের ৫০ নং আইন)",
"22 Sub-section (3) was omitted by section 11 of the গ্রামীণ ব্যাংক (সংশোধন) আইন, ১৯৯০ (১৯৯০ সনের ৫০ নং আইন)",
"23 The words “prescribed by regulations” were substituted for the word “prescribed ” by section 12 of the গ্রামীণ ব্যাংক (সংশোধন) আইন, ১৯৯০ (১৯৯০ সনের ৫০ নং আইন)",
"24 Section 35 was substituted by section 13 of the গ্রামীণ ব্যাংক (সংশোধন) আইন, ১৯৯০ (১৯৯০ সনের ৫০ নং আইন)",
"25 The comma and words “, with previous approval of the Government” were omitted by section 14 of the গ্রামীণ ব্যাংক (সংশোধন) আইন, ১৯৯০ (১৯৯০ সনের ৫০ নং আইন)"
],
"name": "The Grameen Bank Ordinance, 1983",
"num_of_sections": 37,
"published_date": "4th September, 1983",
"related_act": [
98,
651,
377,
442,
415
],
"repelled": true,
"sections": [
{
"act_id": 651,
"details": "1. (1) This Ordinance may be called the Grameen Bank Ordinance, 1983. (2) It extends to such rural areas as the Government may, by notification in the official Gazette, specify.",
"name": "Short title and extent",
"related_acts": "651",
"section_id": 1
},
{
"act_id": 651,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“Bank” means the Grameen Bank established under this Ordinance; (b) \t“Board” means the Board of Directors of the Bank; (c) \t“Bangladesh Bank” means the Bangladesh Bank established under the Bangladesh Bank Order, 1972 (P.O. No. 127 of 1972); (d) \t“Chairman” means the Chairman of the Board; (e) \t“Director” means a Director of the Bank; (f)\t“family”, in relation to a person, includes such person and his wife, son, unmarried daughter, son's wife, son's son and son's unmarried daughter; (g)\t“initial period” means such period from the date of the commencement of this Ordinance as the Government may, by notification in the official Gazette, determine; (h)\t“landless person” means any person who or whose family owns less than fifty decimals of cultivable land or who or whose family owns property, both movable and immovable, the value of which does not exceed the value of one acre of cultivable land according to the prevailing market price in the union in which the person normally resides; (i)\t“loan” includes guarantee or indemnity which the Bank may give on behalf of a landless person or any liability which the Bank may incur on behalf of a landless person; (j)\t“Managing Director” means the Managing Director appointed under section 14; (k)\t“new bank” means a new bank specified in the Schedule to the Bangladesh Banks (Nationalisation) Order, 1972 (P.O. No. 26 of 1972); (l)\t“prescribed” means prescribed by rules or regulations made under this Ordinance; and (m)\t“rural area” means an area which is not included within a municipality or cantonment.",
"name": "Definitions",
"related_acts": "415,377",
"section_id": 2
},
{
"act_id": 651,
"details": "3. The provisions of this Ordinance shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.",
"name": "Ordinance to override all other laws",
"related_acts": "",
"section_id": 3
},
{
"act_id": 651,
"details": "4. (1) On the commencement of this Ordinance, there shall be established a Bank to be called the Grameen Bank for the purposes of this Ordinance. (2) The Bank shall be a body corporate, having perpetual succession and a common seal with power to acquire, hold and dispose of property, both movable and immovable, and shall by the said name sue and be sued. (3) Subject to sub-section (4), the Banking Companies Ordinance, 1962 (LVII of 1962), and any other law for the time being in force relating to banking companies shall not apply to the Bank. (4) The Government may, by notification in the official Gazette, direct that specific provisions of the Banking Companies Ordinance, 1962 (LVII of 1962), or any other law for the time being in force relating to Banking companies shall be applicable to the Bank.",
"name": "Establishment of the Bank",
"related_acts": "",
"section_id": 4
},
{
"act_id": 651,
"details": "5. (1) The Head Office of the Bank shall be at Dhaka. (2) The Bank may, with the approval of the Bangladesh Bank, open such regional and other offices as the Board may think fit.",
"name": "Head Office, etc.",
"related_acts": "",
"section_id": 5
},
{
"act_id": 651,
"details": "6. (1) The authorised capital of the Bank shall be taka ten crore. (2) The authorised capital shall be divided into ten lakh ordinary shares of taka one hundred each. (3) The Bank may increase its authorised capital with the prior approval of the Government.",
"name": "Authorised capital",
"related_acts": "",
"section_id": 6
},
{
"act_id": 651,
"details": "7. (1) The initial paid-up share capital of the Bank shall be taka 1seven crore and twenty lakh which shall be subscribed as follows:- (a) 25% by the Government or by any organisation or body set up, managed or controlled by the Government, as may be determined by it; and (b) 75% by borrowers of the Bank. (2) The Government may increase the paid-up share capital of the Bank from time to time. (3) Shares held by a borrower may be transferred to another borrower of his class.",
"name": "Paid-up share capital",
"related_acts": "",
"section_id": 7
},
{
"act_id": 651,
"details": "8. (1) The general direction and superintendence of the affairs and business of the Bank shall be entrusted to a Board of Directors to be constituted in accordance with the provisions of this Ordinance and such Board may exercise all such powers and do all such acts and things as may be exercised or done by the Bank. 2(2) The Bank, in discharging its functions, shall act prudently with due regard to the public interest. (3) Until the first Board is constituted, the Managing Director shall exercise all powers and do all acts and things as may be exercised or done by the Board.",
"name": "Direction and superintendence",
"related_acts": "",
"section_id": 8
},
{
"act_id": 651,
"details": "39. (1) The Board of Directors of the Bank shall consist of the following Directors, namely:- (a)\t three persons to be appointed by the Government, (b)\tnine persons to be elected by the borrower-shareholders in the manner prescribed by rules. (2) Notwithstanding anything contained in sub-section (1), the Managing Director shall be an ex-officio Director of the Board, but he shall have not right to vote.",
"name": "Board",
"related_acts": "",
"section_id": 9
},
{
"act_id": 651,
"details": "10. 4(1) There shall be a Chairman of the Board who shall be appointed by the Government from amongst the appointed Directors. (2) If a vacancy occurs in the office of the Chairman or if the Chairman is unable to discharge the functions of his office on account of absence, illness or any another cause, the Government may authorise any other director, other than the Managing Director, to discharge the functions of the Chairman during the period for which he is so unable.",
"name": "Chairman",
"related_acts": "",
"section_id": 10
},
{
"act_id": 651,
"details": "11. (1) Appointed Directors shall hold office during the pleasure of the Government. (2) An elected Director shall hold office for a term of three years and shall continue in office until his successor enters upon his office.",
"name": "Term of office of Directors",
"related_acts": "",
"section_id": 11
},
{
"act_id": 651,
"details": "12. A casual vacancy in the office of an elected Director shall be filled by election and the person elected to fill such vacancy shall hold office for the unexpired period of his predecessor: Provided that it shall not be necessary to fill a vacancy for a period not exceeding three months.",
"name": "Filling of casual vacancy",
"related_acts": "",
"section_id": 12
},
{
"act_id": 651,
"details": "13. No act or proceeding of the Board shall be invalid merely on the ground of the existence of any vacancy in, or any defect in the constitution of, the Board.",
"name": "Vacancy, etc., not to invalidate proceeding",
"related_acts": "",
"section_id": 13
},
{
"act_id": 651,
"details": "514. 6(1) There shall be a Managing Director of the Bank who shall be appointed by the Board with the prior approval of Bangladesh Bank from the panel of the three candidates as recommended by the Selection Committee in accordance with the provisions of sub-sections (2) and (3). (2) The Chairman in consultation with the Board shall constitute a Selection Committee of not less than three and not more than five members for the purpose of selecting a candidate for appointment as Managing Director. (3) The Selection Committee shall recommend a panel of three candidates for appointment as Managing Director and preference shall be given to persons having knowledge and experience in rural economy and finance or in the field of microfinance. (4) The Managing Director shall be the whole-time officer and the chief executive of the Bank and shall serve under the Bank on such terms and conditions as may be prescribed by regulations. (5) If a vacancy occurs in the office of the Managing Director or if the Managing Director is unable to discharge the functions of his office on account of absence, illness or any other cause, such officer of the Bank as may be prescribed by regulations shall discharge the functions of the Managing Director until a new Managing Director appointed to fill such vacancy enters upon his office or until the Managing Director resumes the functions of his office, as the case may be.",
"name": "Managing Director",
"related_acts": "",
"section_id": 14
},
{
"act_id": 651,
"details": "15. The Chairman, Managing Director and other Directors shall exercise such powers, perform such functions and discharge such duties as may be 7prescribed by regulations or assigned to them by the Board.",
"name": "Functions of Directors",
"related_acts": "",
"section_id": 15
},
{
"act_id": 651,
"details": "816. The Chairman or an appointed Director may resign his office by writing under, his hand addressed to the Government, and the Managing Director or any other Director may resign his office by writing under his hand addressed to the Chairman: \tProvided that no resignation shall take effect until it has been accepted by the Government or, as the case may be, the Chairman.",
"name": "Resignation",
"related_acts": "",
"section_id": 16
},
{
"act_id": 651,
"details": "17. (1) The meetings of the Board shall be held at such times and at such places as may be determined by the Board: Provided that a meeting may otherwise be convened by the Chairman when he so thinks fit. (2) During the initial period, the quorum for a meeting of the Board shall be three Directors present in person and thereafter the quorum of such meeting shall be four Directors present in person. (3) At a meeting of the Board, each Director shall have one vote and in the event of equality of votes, the person presiding shall have a casting or second vote. (4) No Director shall vote on any matter in which he is directly or indirectly personally interested. (5) If for any reason the Chairman is unable to be present at a meeting of the Board, the Directors present may elect a Chairman from amongst themselves to preside over the meeting.",
"name": "Meeting",
"related_acts": "",
"section_id": 17
},
{
"act_id": 651,
"details": "18. The Board may appoint such committee or committees as the Board thinks fit to assist it in the efficient discharge of its functions.",
"name": "Committee",
"related_acts": "",
"section_id": 18
},
{
"act_id": 651,
"details": "19. The Bank shall provide credit with or without collateral security, in cash or in kind, for such term and subject to such conditions as may be prescribed, to landless persons for all types of economic activities including housing, but excluding business in foreign exchange transaction, and may carry on and transact the several kinds of business hereinafter specified, that is to say,- (a)\tthe accepting of money on deposit; (b) \tthe borrowing of money for the purpose of the Bank's business against the security of its assets or otherwise; (c) \tthe issuing and selling of bonds and debentures; (d) \tfor the purpose of securing loans and advances made by the Bank, accepting pledge, mortgage, hypothecation or assignment to the Bank of any kind of movable or immovable property; 9(e) \tundertaking the management, control and supervision of any rural organisation, enterprise or scheme for the benefit and advancement of landless persons; (f) 10* * * the buying, stocking and supplying on credit to landless persons of industrial and agricultural inputs, livestock, machinery, implements and equipments and industrial raw materials and acting as agent for any organisation for the sale of such goods or livestock; (g) 11* * * the subscribing to the debentures, being debentures repayable within a period not exceeding ten years, of any body corporate concerned with economic activities in rural areas;\t (h) 12* * * the purchasing of shares of any body corporate, the object of which is to provide services to landless persons; (i) \tthe custody of savings certificate, title deeds and other valuable articles and the collection of the proceeds, whether principal, interest or dividends of any such securities or saving certificates; (j) \tthe paying, receiving, collecting and remitting of money and securities within the country; (k) \tthe acquiring, maintaining and transferring of all movable and immovable property, including residential premises, for carrying on its business; (l) \tcarrying out survey and research, issuing publication and maintaining statistics relating to the improvement of economic condition of the landless persons; (m) \tproviding professional counsel to landless persons regarding investments in small business and such cottage industries as may be prescribed; (n) \tencouraging investments in such cottage industries as may be prescribed and service projects by landless persons; 13(nn)\tundertaking income-generating projects for landless persons; (o) \tproviding services to the borrowers regarding all kinds of insurances; (p) 14* * * constituting, promoting, issuing, organising, managing and administering Mutual Funds or Unit Trusts of any type or character, and acquiring, holding, dealing, selling, paying or disposing of or dealing in shares, certificates or securities of such Funds or Trusts; (q) \trendering managerial, marketing, technical and administrative advice to borrowers and assisting them in obtaining services in those fields; (r) \tthe opening of accounts or the making of any agency arrangement with, and the acting as agent or correspondent of, any bank or financial organisation; (s) \tthe investing of its funds in Government securities; (t) \tthe selling and realising of all properties, whether movable or immovable, which may in any way come into the possession of the Bank in satisfaction or part satisfaction of any of its claim and the acquisition and the holding of, and generally the dealing with, any right, title or interest in any property, movable or immovable, which may be the Bank's security; and (u) generally the doing of all such acts and things as may be necessary, incidental or conducive to the attainment of the object of the Bank.",
"name": "Functions",
"related_acts": "",
"section_id": 19
},
{
"act_id": 651,
"details": "20. The Bank shall not undertake or transact any kind of business other than those authorised by or under this Ordinance.",
"name": "Prohibited business",
"related_acts": "",
"section_id": 20
},
{
"act_id": 651,
"details": "21. (1) The Bank may, with the prior approval of the Government, issue and sell bonds and debentures carrying interest at such rates as may be approved by the Government. \t(2) The bonds and debentures of the Bank shall be guaranteed by the Government as to their payment of principal and payment of interest at such rate as may be fixed by the Government at the time the bonds and debentures are issued.",
"name": "Bonds and debentures",
"related_acts": "",
"section_id": 21
},
{
"act_id": 651,
"details": "22. The Bank shall maintain proper accounts and prepare annual statement of accounts, including the profit and loss account and balance sheet, and shall comply in respect of such accounts with such general directions as may be issued by 15* * * the Bangladesh Bank from time to time.",
"name": "Accounts",
"related_acts": "",
"section_id": 22
},
{
"act_id": 651,
"details": "23. (1) The accounts of the Bank shall be audited by not less than two auditors being chartered accountants within the meaning of the Bangladesh Chartered Accountants Order, 1973 (P.O. No. 2 of 1973) 16* * *. (2) Every auditor appointed under sub-section (1) shall be given a copy of the annual balance sheet and other accounts of the Bank and shall examine it, together with the accounts and vouchers relating thereto, and shall have a list delivered to him of all books kept by the Bank, and shall at all reasonable times have access to the books of accounts and documents of the Bank, and may, in relation to such accounts, examine any Director or officer of the Bank. (3) The auditors shall report to the 17Board upon the annual balance sheet and accounts, and in their report they shall state whether, in their opinion, the balance sheet contains all necessary particulars and is properly drawn up so as to exhibit a true and correct view of the state of affairs of the Bank and, in case they have called for any explanation or information from the 18Bank, whether it has been given and whether it is satisfactory. (4) The 19Board may, at any time, issue directions to the auditors requiring them to report to it upon the adequacy of measures taken by the Bank for the protection of the interest of the 20shareholders and of the creditors of the Bank or upon the sufficiency of the procedure in auditing the affairs of the Bank, and may, at any time, enlarge or extend the scope of the audit or direct that different procedure in audit shall be adopted or that any other examination shall be made by the auditors or any other person or persons, if in its opinion, the interest of the 21Bank so requires.",
"name": "Audit",
"related_acts": "442",
"section_id": 23
},
{
"act_id": 651,
"details": "24. (1) The Bank shall furnish to the Government such returns, reports and statements as the Government may from time to time require. (2) The Bank shall, within three months after the end of every financial year, furnish to the Government a statement of accounts audited by the auditors under section 23 together with an annual report on the working of the Bank during the year. 22* * *",
"name": "Returns",
"related_acts": "",
"section_id": 24
},
{
"act_id": 651,
"details": "25. The Bank shall establish a reserve fund to which shall be credited such amount out of its net annual profit as the Board may determine.",
"name": "Reserve fund",
"related_acts": "",
"section_id": 25
},
{
"act_id": 651,
"details": "26. After deducting the amount credited to reserve fund under section 25 and making provisions for bad and doubtful debts, depreciation of assets and any other matters which are usually provided for by bankers, the net annual profit of the Bank remaining thereafter shall be utilised in such manner as the Board may determine.",
"name": "Disposal of profit",
"related_acts": "",
"section_id": 26
},
{
"act_id": 651,
"details": "27. The Bank may appoint such persons as it considers necessary for the efficient performance of its functions on such terms and conditions as may be 23prescribed by regulations: Provided that in making such appointment, the persons who served under the Grameen Bank Project mentioned in section 37 shall be given preference if they are otherwise eligible for such appointment.",
"name": "Appointment of officers and other employees",
"related_acts": "",
"section_id": 27
},
{
"act_id": 651,
"details": "28. (1) All sums due to the Bank shall be recoverable as arrears of land revenue: Provided that no sum shall be so recovered unless fifteen days' notice has first been given by the Bank to the debtor or any other person liable to pay the sum: Provided further that in so giving notice, the Bank shall inform the debtor or any other person liable to pay the sum that he may pay the dues in such instalments as may be fixed in the notice and that it will proceed as to the entire sum outstanding in case of any default in any instalment. (2) In the application of the Public Demands Recovery Act, 1913 (Ben. Act III of 1913), for the purpose of recovery of the dues of the Bank, the provisions of sections 7, 9, 10 and 13 of that Act shall not apply, and the certificates issued under section 6 of the said Act shall be conclusive proof that the amount specified therein is due to the Bank. (3) An officer of the Bank may exercise all powers exercisable by a Certificate Officer under the Public Demands Recovery Act, 1913 (Ben. Act III of 1913), within his jurisdiction for the purpose of recovery of the dues of the Bank only.",
"name": "Recovery of Bank dues",
"related_acts": "98,98",
"section_id": 28
},
{
"act_id": 651,
"details": "29. The Board may, for the purpose of ensuring efficient functioning of the Bank and facilitating transaction of its daily business, delegate to the Chairman, Managing Director or any other Director or any officer of the Bank any of its functions subject to such conditions as it may think to impose.",
"name": "Delegation of powers",
"related_acts": "",
"section_id": 29
},
{
"act_id": 651,
"details": "30. Every Director shall be indemnified against all losses and expenses incurred by him in the discharge of his duties except such as are caused by his own wilful act or default.",
"name": "Indemnity",
"related_acts": "",
"section_id": 30
},
{
"act_id": 651,
"details": "31. (1) Whoever wilfully makes a false statement or knowingly permits any false statement to be made or to remain in any document of title or any other document given to the Bank by way of security or otherwise in respect of any loan or facility sought or granted under this Ordinance shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand taka, or with both. (2) Whoever without the consent in writing of the Bank uses its name in any prospectus or advertisement shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand taka, or with both. (3) Whoever wilfully withholds or fails to deliver to the Bank, which he is required to deliver under this Ordinance shall be punishable with imprisonments for a term which may extend to one year, or with fine, or with both.",
"name": "Penalty, etc.",
"related_acts": "",
"section_id": 31
},
{
"act_id": 651,
"details": "32. No Court shall take cognizance of any offence punishable under this Ordinance except upon a complaint in writing by an officer of the Bank authorised in this behalf by the Board.",
"name": "Cognizance of offence",
"related_acts": "",
"section_id": 32
},
{
"act_id": 651,
"details": "33. Notwithstanding anything contained in the Income-tax Act, 1922 (XI of 1922), or any law for the time being in force relating to income-tax, super-tax or business profits tax, the Bank shall not, for such period as the Government may, by notification in the official Gazette, specify, be liable to pay any such tax on its income, profits or gains.",
"name": "Exemption from taxes",
"related_acts": "",
"section_id": 33
},
{
"act_id": 651,
"details": "34. No provision of law relating to the winding up of companies including banking companies, shall apply to the Bank and the Bank shall not be wound up save by order of the Government and in such manner as it may direct.",
"name": "Liquidation",
"related_acts": "",
"section_id": 34
},
{
"act_id": 651,
"details": "2435. The Government may, by notification in the official Gazette, make rules for holding elections of the Directors under clause (b) of sub-section (1) of section 9.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 35
},
{
"act_id": 651,
"details": "36. (1) The Board may 25* * *, make regulations, not inconsistent with the provisions of this Ordinance and the rules, to provide for all matters for which provisions is necessary or expedient for the purpose of giving effect to the provisions of this Ordinance and efficient conduct of the affairs of the Bank. (2) All regulations made under this section shall be published in the official Gazette and shall come into force upon such publication.",
"name": "Power to make regulations",
"related_acts": "",
"section_id": 36
},
{
"act_id": 651,
"details": "37. (1) Notwithstanding anything contained in any other law for the time being in force or in any agreement or contract or other instrument, upon the Establishment of the Bank,- (a)\tthe Grameen Bank Project, hereinafter referred to as the said project, shall cease to exist; (b)\tall assets, rights, powers, authorities and privileges and all properties, movable and immovable, cash and bank balances, reserve funds, investments and all other rights and interests in, or arising out of, such property and all books of accounts, registers, records and all other documents of whatever nature relating thereto, of the said project shall stand transferred to, and vest in, the Bank; (c)\tall debts, liabilities and obligations incurred, all contracts entered into and all matters and things engaged to be done by, with or for, the said project before establishment of the Bank shall be deemed to have been incurred, entered into or engaged to be done by, with or for, the Bank; (d)\tthe loans advanced by the said project before the establishment of the Bank shall be deemed to have been advanced by the Bank and shall be recoverable in accordance with the provisions of this Ordinance. (2) The Government may, for the purpose of removing any difficulty in relation to the transfer and other matter specified in sub-section (1), make such orders as it may consider expedient and any such order shall be deemed to be, and given effect to as, part of the provisions of this Ordinance. Explanation.- In this section “Grameen Bank Project” means the Grameen Bank Project sponsored by the Rural Economics Programme of the Department of Economics, University of Chittagong, in 1976 in village Jobra, police station Hathazari, in the district of Chittagong and subsequently adopted by the Bangladesh Bank and participated by new Banks and the Bangladesh Krishi Bank.",
"name": "Grameen Bank Project to cease to exist",
"related_acts": "",
"section_id": 37
}
],
"text": "An Ordinance to provide for the establishment of the Grameen Bank. WHEREAS it is expedient to establish a Grameen Bank to provide credit facilities and other services to landless persons in the rural areas and to provide for matters connected therewith or incidental thereto; NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the Chief Martial Law Administrator is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 652,
"lower_text": [
"1 Clause (22) was omitted by section 2 of the Local Government (Union Parishads) (Amendment) Act, 1993 (Act No. XX of 1993)",
"2 Clause (23) was omitted by section 2 of the Local Government (Union Parishads) (Amendment) Act, 1993 (Act No. XX of 1993)",
"3 Clauses (25) and (25A) were substituted for former clause 25 by section 2 of the Local Government (Union Parishads) (Amendment) Act, 1993 (Act No. XX of 1993)",
"4 Clause (28) was omitted by section 2 of the Local Government (Union Parishads) (Amendment) Act, 1993 (Act No. XX of 1993)",
"5 Clause (29) was omitted by section 2 of the Local Government (Union Parishads) (Amendment) Act, 1993 (Act No. XX of 1993)",
"6 Section 3A was inserted by section 2 of the Local Government (Union Parishads) (Second Amendment) Act, 1992 (Act No. XLV of 1992)",
"7 Sub-section (1) was substituted by section 2 of the Local Government (Union Parishads) (Second Amendment) Act, 1997 (Act No. XX of 1997)",
"8 The words, brackets, figure and comma “ Subject to the provisions of sub-section (3), the Chairman and members” were substituted for the words “The Chairman and the elected members” by section 3 of the Local Government (Union Parishads) (Amendment) Act, 1993 (Act No. XX of 1993)",
"9 Sub-section (3) was substituted by section 2 of the Local Government (Union Parishads) (Second Amendment) Act, 1997 (Act No. XX of 1997)",
"10 The words and comma “Term of Union Parishads, etc.” were substituted for the words “Term of Union Parishads” by section 2 of the Local Government (Union Parishads) (Amendment) Act, 1992 (Act No. X of 1992)",
"11 The word “five” was substituted for the word “three” by section 2 of the Local Government (Union Parishads) (Amendment) Act, 1992 (Act No. X of 1992)",
"12 The proviso was substituted by section 4 of the Local Government (Union Parishads) (Amendment) Act, 1993 (Act No. XX of 1993)",
"13 Sub-section (1A) was omitted by section 4 of the Local Government (Union Parishads) (Amendment) Act, 1993 (Act No. XX of 1993)",
"14 Sub-section (1B) was inserted by section 2 of the Local Government (Union Parishads) (Amendment) Act, 1992 (Act No. X of 1992)",
"15 The words and commas “members, other than members of reserved seats” were substituted for the words “elected members” by section 4 of the Local Government (Union Parishads) (Amendment) Act, 1993 (Act No. XX of 1993)",
"16 The commas and the words “, other than members of reserved seats,” were omitted by section 3 of the Local Government (Union Parishads) (Second Amendment) Act, 1997 (Act No. XX of 1997)",
"17 The word “elected” was omitted by section 4 of the Local Government (Union Parishads) (Amendment) Act, 1993 (Act No. XX of 1993)",
"18 The words “or nominated” were omitted by section 5 of the Local Government (Union Parishads) (Amendment) Act, 1993 (Act No. XX of 1993)",
"19 The word “and” was omitted and clauses (c) and (d) were substituted for previous clause (c) by section 4 of the Local Government (Union Parishads) (Second Amendment) Act, 1997 (Act No. XX of 1997)",
"20 The words “or nomination” were omitted by section 5 of the Local Government (Union Parishads) (Amendment) Act, 1993 (Act No. XX of 1993)",
"21 Clauses (a) and (aa) were substituted for former clause (a) by section 2 of the Local Government (Union Parishads) (Amendment) Act, 1990 (Act No. XIII of 1990)",
"22 Clause (a) was omitted by section 5 of the Local Government (Union Parishads) (Amendment) Act, 1993 (Act No. XX of 1993)",
"23 The semi-colon (;) was substituted for the full-stop (.) and thereafter clause (g) and the explanation was inserted by section 6 of the Local Government Laws (Amendment) Act, 1987 (Act No. XXIII of 1987)",
"24 The semi-colon (;) was substituted for the full-stop (.) and thereafter clause (h) was added by section 5 of the Local Government Laws (Amendment) Act, 1990 (Act No. LVI of 1990)",
"25 The semi-colon (;) was substituted for the full-stop (.) and thereafter clauses (i) and (j) were added by section 5 of the Local Government (Union Parishads) (Amendment) Act, 1993 (Act No. XX of 1993)",
"26 The word “elected” was omitted by section 6 of the Local Government (Union Parishads) (Amendment) Act, 1993 (Act No. XX of 1993)",
"27 The word “elected” was omitted by section 6 of the Local Government (Union Parishads) (Amendment) Act, 1993 (Act No. XX of 1993)",
"28 Sub-sections (1), (2) and (2A) were substituted for former sub-sections (1) and (2) by section 5 of the Local Government Laws (Amendment) Act, 1990 (Act No. LVI of 1990)",
"29 The words “an elected” were omitted by section 7 of the Local Government (Union Parishads) (Amendment) Act, 1993 (Act No. XX of 1993)",
"30 The words “nine members” were substituted for the words “seven elected members” by section 7 of the Local Government (Union Parishads) (Amendment) Act, 1993 (Act No. XX of 1993)",
"31 The words “an elected” were omitted by section 7 of the Local Government (Union Parishads) (Amendment) Act, 1993 (Act No. XX of 1993)",
"32 Sub-section (4) was omitted by section 7 of the Local Government (Union Parishads) (Amendment) Act, 1993 (Act No. XX of 1993)",
"33 The words “or nomination” were omitted by section 7 of the Local Government (Union Parishads) (Amendment) Act, 1993 (Act No. XX of 1993)",
"34 The words “Deputy Commissioner” were substituted for the words and comma “Chairman of the Upazila Parishad or Thana Parishad, as the case may be” by section 3 of the Local Government (Union Parishads) (Amendment) Act, 1988 (Act No. XL of 1988)",
"35 The words and commas “or a nomination, as the case may be,” were omitted by section 8 of the Local Government (Union Parishads) (Amendment) Act, 1993 (Act No. XX of 1993)",
"36 The words “or made” were omitted by section 8 of the Local Government (Union Parishads) (Amendment) Act, 1993 (Act No. XX of 1993)",
"37 The words “or nominated” were omitted by section 8 of the Local Government (Union Parishads) (Amendment) Act, 1993 (Act No. XX of 1993)",
"38 The words “a member elected by the Union Parishad under sub-section (1A) from amongst the members” were substituted for the words “a member elected by the Union Parishad from amongst the elected members” by section 9 of the Local Government (Union Parishads) (Amendment) Act, 1993 (Act No. XX of 1993)",
"39 Sub-section (1A) was inserted by section 9 of the Local Government (Union Parishads) (Amendment) Act, 1993 (Act No. XX of 1993)",
"40 The word “elected” was omitted by section 9 of the Local Government (Union Parishads) (Amendment) Act, 1993 (Act No. XX of 1993)",
"41 The word and comma “nomination,” was omitted by section 10 of the Local Government (Union Parishads) (Amendment) Act, 1993 (Act No. XX of 1993)",
"42 Section 17A was inserted by section 3 of the Local Government (Union Parishads) (Second Amendment) Ordinance, 1984 (Ordinance No. LXXVII of 1984)",
"43 Section 18 was substituted by section 5 of the Local Government (Union Parishads) (Second Amendment) Act, 1997 (Act No. XX of 1997)",
"44 The words “Thana Nirbahi Officer” were substituted for the words and commas “Subdivisional Officer or the Upazila Nirbahi Officer, as the case may be,” by section 12 of the Local Government (Union Parishads) (Amendment) Act, 1993 (Act No. XX of 1993)",
"45 Section 20A was inserted by section 6 of the Local Government (Union Parishads) (Second Amendment) Act, 1997 (Act No. XX of 1997)",
"46 The words “Thana Nirbahi Officer” were substituted for the words and commas “Subdivisional Officer or the Upazila Nirbahi Officer, as the case may be,” by section 13 of the Local Government (Union Parishads) (Amendment) Act, 1993 (Act No. XX of 1993)",
"47 The words “Thana Nirbahi Officer” were substituted for the words and commas “Subdivisional Officer or the Upazila Nirbahi Officer, as the case may be,” by section 13 of the Local Government (Union Parishads) (Amendment) Act, 1993 (Act No. XX of 1993)",
"48 The words “Thana Nirbahi Officer” were substituted for the words and commas “Subdivisional Officer or the Upazila Nirbahi Officer, as the case may be,” by section 13 of the Local Government (Union Parishads) (Amendment) Act, 1993 (Act No. XX of 1993)",
"49 The words and commas “a member, other than in reserved seats, for that ward” were substituted for the words “an elected member” by section 14 of the Local Government (Union Parishads) (Amendment) Act, 1993 (Act No. XX of 1993)",
"50 The commas and the words “, other than in reserved seats,” were omitted by section 7 of the Local Government (Union Parishads) (Second Amendment) Act, 1997 (Act No. XX of 1997)",
"51 The word “elected” was omitted by section 15 of the Local Government (Union Parishads) (Amendment) Act, 1993 (Act No. XX of 1993)",
"52 The words “one member” were substituted for the words “three elected members” by section 15 of the Local Government (Union Parishads) (Amendment) Act, 1993 (Act No. XX of 1993)",
"53 The words and commas “members, other than in reserved seats,” were substituted for the words “elected members” by section 15 of the Local Government (Union Parishads) (Amendment) Act, 1993 (Act No. XX of 1993)",
"54 The commas and the words “, other than in reserved seats,” were omitted by section 8 of the Local Government (Union Parishads) (Second Amendment) Act, 1997 (Act No. XX of 1997)",
"55 The word “and” was omitted by section 15 of the Local Government (Union Parishads) (Amendment) Act, 1993 (Act No. XX of 1993)",
"56 Clauses (b) and (c) were substituted for previous clause (b) by section 15 of the Local Government (Union Parishads) (Amendment) Act, 1993 (Act No. XX of 1993)",
"57 Sub-section (3) was added by section 2 of the Local Government (Union Parishads) (Amendment) Act, 1997 (Act No. VIII of 1997)",
"58 The words and commas “members, other than members of reserved seats,” were substituted for the words “elected members” by section 16 of the Local Government (Union Parishads) (Amendment) Act, 1993 (Act No. XX of 1993)",
"59 The commas and the words “, other than in reserved seats,” were omitted by section 9 of the Local Government (Union Parishads) (Second Amendment) Act, 1997 (Act No. XX of 1997)",
"60 The words and commas “members, other than members of reserved seats,” were substituted for the words “elected members” by section 17 of the Local Government (Union Parishads) (Amendment) Act, 1993 (Act No. XX of 1993)",
"61 The commas and the words “, other than members of reserved seats,” were omitted by section 10 of the Local Government (Union Parishads) (Second Amendment) Act, 1997 (Act No. XX of 1997)",
"62 Sub-sections (3) and (4) was substituted for previous sub-section (3) by section 2 of the Local Government (Union Parishads) (Amendment) Ordinance, 1984 (Ordinance No. XLIV of 1984)",
"63 Clause (b) was omitted by section 4 of the Local Government (Union Parishads) (Amendment) Act, 1988 (Act No. XL of 1988)",
"64 Clause (e) was omitted by section 4 of the Local Government (Union Parishads) (Amendment) Act, 1988 (Act No. XL of 1988)",
"65 The words “Thana Nirbahi Officer” were substituted for the words and commas “Upazila Parishad or Thana Parishad, as the case may be,” by section 18 of the Local Government (Union Parishads) (Amendment) Act, 1993 (Act No. XX of 1993)",
"66 The words “any other authority” were substituted for the words and comma “Upazila Parishad or Thana Parishad, as the case may be” by section 19 of the Local Government (Union Parishads) (Amendment) Act, 1993 (Act No. XX of 1993)",
"67 The words “any other authority” were substituted for the words and commas “Upazila Parishad or Thana Parishad, as the case may be,” by section 19 of the Local Government (Union Parishads) (Amendment) Act, 1993 (Act No. XX of 1993)",
"68 The words “Standing Committees” were substituted for the word “committees” by section 20 of the Local Government (Union Parishads) (Amendment) Act, 1993 (Act No. XX of 1993)",
"69 The words “Thana Nirbahi Officer” were substituted for the words and commas “Upazila Parishad or the Thana Parishad, as the case may be,” by section 20 of the Local Government (Union Parishads) (Amendment) Act, 1993 (Act No. XX of 1993)",
"70 Section 38A was inserted by section 3 of the Local Government (Union Parishads) (Amendment) Act, 2001 (Act No. XXI of 2001)",
"71 Section 38 was substituted by section 21 of the Local Government (Union Parishads) (Amendment) Act, 1993 (Act No. XX of 1993)",
"72 Clauses (b) and (c) were substituted by section 2 of the Local Government (Union Parishads) (Amendment) Act, 2001 (Act No. XXI of 2001)",
"73 The semi-colon (;) was substituted for the full-stop (.) and thereafter clauses (h) to (m) were added by section 2 of the Local Government (Union Parishads) (Amendment) Act, 2001 (Act No. XXI of 2001)",
"74 Sub-section (1A) was inserted by section 2 of the Local Government (Union Parishads) (Amendment) Act, 2001 (Act No. XXI of 2001)",
"75 Sub-section (3) was substituted by section 2 of the Local Government (Union Parishads) (Amendment) Act, 2001 (Act No. XXI of 2001)",
"76 The words “Deputy Commissioner” were substituted for the words and commas “Upazila Parishad or the Thana Parishad, as the case may be,” by section 5 of the Local Government (Union Parishads) (Amendment) Act, 1988 (Act No. XL of 1988)",
"77 The words “Deputy Commissioner” were substituted for the words and commas “Upazila Parishad or the Thana Parishad, as the case may be,” by section 6 of the Local Government (Union Parishads) (Amendment) Act, 1988 (Act No. XL of 1988)",
"78 The words “Deputy Commissioner” were substituted for the words and commas “Upazila Parishad or the Thana Parishad, as the case may be,” by section 6 of the Local Government (Union Parishads) (Amendment) Act, 1988 (Act No. XL of 1988)",
"79 The words “Deputy Commissioner” were substituted for the words and commas “Upazila Parishad or the Thana Parishad, as the case may be,” by section 6 of the Local Government (Union Parishads) (Amendment) Act, 1988 (Act No. XL of 1988)",
"80 The words “Deputy Commissioner” were substituted for the words and commas “Upazila Parishad or the Thana Parishad, as the case may be,” by section 6 of the Local Government (Union Parishads) (Amendment) Act, 1988 (Act No. XL of 1988)",
"81 The words “Deputy Commissioner” were substituted for the words and commas “Upazila Parishad or the Thana Parishad, as the case may be,” by section 6 of the Local Government (Union Parishads) (Amendment) Act, 1988 (Act No. XL of 1988)",
"82 The words “Deputy Commissioner” were substituted for the words and commas “Upazila Parishad or the Thana Parishad, as the case may be,” by section 7 of the Local Government (Union Parishads) (Amendment) Act, 1988 (Act No. XL of 1988)",
"83 The words “Deputy Commissioner” were substituted for the words and commas “Upazila Parishad or the Thana Parishad, as the case may be,” by section 8 of the Local Government (Union Parishads) (Amendment) Act, 1988 (Act No. XL of 1988)",
"84 The words “Deputy Commissioner” were substituted for the words and commas “Upazila Parishad or Thana Parishad, as the case may be,” by section 22 of the Local Government (Union Parishads) (Amendment) Act, 1993 (Act No. XX of 1993)",
"85 The words “Deputy Commissioner” were substituted for the words and commas “Upazila Parishad or the Thana Parishad, as the case may be,” by section 9 of the Local Government (Union Parishads) (Amendment) Act, 1988 (Act No. XL of 1988)",
"86 Clause (a) was omitted by section 10 of the Local Government (Union Parishads) (Amendment) Act, 1988 (Act No. XL of 1988)",
"87 The words “different Upazilas or Thanas within” were omitted by section 10 of the Local Government (Union Parishads) (Amendment) Act, 1988 (Act No. XL of 1988)",
"88 Clause (g) was substituted by section 23 of the Local Government (Union Parishads) (Amendment) Act, 1993 (Act No. XX of 1993)"
],
"name": "The Local Government (Union Parishads) Ordinance, 1983",
"num_of_sections": 93,
"published_date": "12th September,1983",
"related_act": [
417,
549,
518,
75,
652,
86,
24,
377,
702
],
"repelled": true,
"sections": [
{
"act_id": 652,
"details": "1. This Ordinance may be called the Local Government (Union Parishads) Ordinance, 1983.",
"name": "Short title",
"related_acts": "652",
"section_id": 1
},
{
"act_id": 652,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (1) \t“annual value” means the gross rent at which a building or land may be let from year to year; (2) \t“building” includes any shop, house, hut, out house, shed, stable or enclosure built of any material and used for any purpose, and also includes a wall, well, verandah, platform, plinth and steps; (3)\t “Chairman” means the Chairman of a Union Parishad; (4) \t“Circle Officer” means the Circle Officer of the police station concerned, and includes any officer specially appointed by the Government to perform all or any of the functions of a Circle Officer under this Ordinance; (5) \t“Deputy Commissioner” includes any officer specially appointed by the Government to perform all or any of the functions of a Deputy Commissioner under this Ordinance; (6) \t“district” means a revenue district; (7) \t“Election Commission” means the Election Commission of Bangladesh; (8)\t“function” includes powers to be exercised and duties to be discharged; (9) \t“infectious disease” means cholera, plague, small-pox and tuberculosis and includes such other disease as the Government may, by notification in the official Gazette, declare to be an infectious disease for the purposes of this Ordinance; (10) \t“land” includes land which is being built upon or is built up or is covered with water; (11)\t “member” means a member of a Union Parishad; (12) \t“municipal body” means a body constituted under any law relating to local government in urban areas, but does not include Cantonment Board; (13) \t“prescribed” means prescribed by rules made under this Ordinance; (14) “public road” means a road maintained by the Government or by a Union Parishad or other local authority; (15) \t“public street” means a street maintained by the Government or by a Union Parishad or other local authority; (16) \t“public way” means a way maintained by the Government or by a Union Parishad or other local authority; (17) \t“regulations” means regulations made under this Ordinance; (18)\t “road” includes a road which is not a thoroughfare; (19)\t “rules” means rules made under this Ordinance; (20) \t“rural area” means any area which is not an urban area; (21) \t“street” includes a street which is not a thoroughfare; 1* * * 2* * * (24) \t“tax” includes any rate, fee or other impost leviable under this Ordinance; 3(25) \t“Thana” means a police station within the meaning of “police station” as defined in clause (s) of sub-section (1) of section 4 of the Code of Criminal Procedure, 1898 (Act V of 1898); (25A) \t“Thana Nirbahi Officer” means the Thana Nirbahi Officer of a Thana; (26) \t“union” means a rural area declared to be a union under section 3; (27) \t“Union Parishad” means a Union Parishad constituted under this Ordinance; 4* * * 5* * * (30) \t“Urban area” means an area within the jurisdiction of a municipal body; (31) \t“ward” means a ward of a Union Parishad; and (32) \t“way” includes a footway, square, court, alley or passage accessible to the public, whether a thoroughfare or not.",
"name": "Definitions",
"related_acts": "75",
"section_id": 2
},
{
"act_id": 652,
"details": "63A. Every union shall be an administrative unit for the purpose of article 59 of the Constitution of the People's Republic of Bangladesh.",
"name": "Union to be administrative unit",
"related_acts": "",
"section_id": 3
},
{
"act_id": 652,
"details": "3. The Deputy Commissioner may, in the prescribed manner,- (a)\tdivide the rural areas of a police station within his jurisdiction separately into a number of areas, and declare each such area to be a union; (b) \textend, curtail or otherwise alter the limits of any such union; and (c) \tdeclare that any such area shall, from a date to be specified, cease to be a union.",
"name": "Declaration of Union and alteration of limits thereof",
"related_acts": "",
"section_id": 4
},
{
"act_id": 652,
"details": "4. (1) As soon as may be after the commencement of this Ordinance, there shall be constituted, in accordance with the provisions of this Ordinance, a Union Parishad for a union. (2) A Union Parishad shall be known by such local name as the Deputy Commissioner may assign. (3) Every Union Parishad shall be a body corporate, having perpetual succession and a common seal, with power, subject to the provisions of this Ordinance and the rules, to acquire and hold property both movable and immovable, and shall by its name sue and be sued.",
"name": "Constitution of Union Parishads",
"related_acts": "",
"section_id": 5
},
{
"act_id": 652,
"details": "5. 7(1) A Union Parishad shall consist of a Chairman and twelve members including three members exclusively reserved for women. (2) 8Subject to the provisions of sub-section (3), the Chairman and members shall be elected by direct election on the basis of adult franchise in accordance with the provisions of this Ordinance and the rules. 9(3) There shall be reserved three seats exclusively for women members in each Union Parishad, hereinafter referred to as reserved seats, who shall be elected by direct election on the basis of adult franchise in accordance with the provisions of this Ordinance and the rules: Provided that nothing in this sub-section shall prevent a woman from being elected to any of the nine general seats provided for in sub-section (1). (4) The Chairman of a Union Parishad shall also be deemed to be a member of the Parishad. (5) There shall be paid to the Chairman and members of a Union Parishad such honorarium as may be determined by the Government.",
"name": "Composition of Union Parishads",
"related_acts": "",
"section_id": 6
},
{
"act_id": 652,
"details": "6. (1) The term of a Union parishad shall be a period of 11five years commencing on the day of its first meeting after its constitution: 12Provided that, notwithstanding the expiration of its term, a Union Parishad shall continue to function until the first meeting of the Parishad constituted to succeed it. 13* * * 14(1B) Notwithstanding anything contained in this Ordinance, a Union Parishad shall be deemed to have been duly constituted after the election of seventy-five per cent of the total number of its 15members 16* * * has taken place. Explanation.- For calculating the seventy-five per cent of the total number of 17* * * members, less than point five zero per cent shall be ignored and point five zero and above per cent shall be rounded off into a whole number. (2) A Union Parishad shall, after its constitution, hold its first meeting on such date, not later than thirty days from the day on which the names of its Chairman and elected members are notified in the official Gazette, as may be appointed by the Government.",
"name": "Term of Union Parishads, etc.",
"related_acts": "",
"section_id": 7
},
{
"act_id": 652,
"details": "7. (1) A person shall, subject to the provisions of sub section (2), be qualified to be elected 18* * * as, and to be, a Chairman or member if- (a)\the is a citizen of Bangladesh; (b)\the has attained the age of twenty five years; 19* * * (c)\tin the case of Chairman, his name appears on the electoral roll for any ward in the Union; (d)\tin the case of a member including a member of reserved seats, his name appears on the electoral roll of the concerned ward. (2) A person shall be disqualified for election 20* * * as, or for being, a Chairman or a member if- 21 22* * * (aa) \the is declared by a competent Court to be of unsound mind; (b)\the is an undischarged insolvent; (c)\the has ceased to be a citizen of Bangladesh; (d)\the has been, on conviction for a criminal offence involving moral turpitude, sentenced to imprisonment for a term of not less than two years, unless a period of five years has elapsed since his release; (e)\the holds any full time office of profit in the service of the Republic or of the Union Parishad or of any other local authority; or (f)\the is a party to a contract for work to be done for, or goods to be supplied to, the Union Parishad concerned, or has otherwise any pecuniary interest in its affairs, or is a dealer in essential commodities appointed by the Government 23; (g)\the has defaulted in repaying any loan taken by him from any specified bank within the time allowed by the bank therefore; Explanation.- For the purposes of clause (g), “specified bank” means the Sonali Bank, the Agrani Bank and the Janata Bank constituted under the Bangladesh Banks (Nationalisation) Order, 1972 (P.O. No. 26 of 1972), the Shilpa Rin Sangstha established under the Shilpa Rin Sangstha Order, 1972 (P.O. No. 128 of 1972), the Bangladesh Shilpa Bank Order, 1972 (P.O. No. 129 of 1972), the House Building Finance Corporation established under the House Building Finance Corporation Order, 1973 (P.O. No. 7 of 1973), the Krishi Bank established under the Krishi Bank Order, 1973 (P.O. No. 27 of 1973), the Investment Corporation of Bangladesh established under the Investment Corporation of Bangladesh Ordinance, 1976 (XL of 1976), the Rajshahi Krishi Unnayan Bank established under the Rajshahi Krishi Unnayan Bank Ordinance, 1986 (LVIII of 1986), and the Rupali Bank Limited 24; (h)\the is a member of Parliament 25; (i)\the is a defaulter in paying any of the taxes, rates and fees levied under this Ordinance; (j) \the has been dismissed from the service of the Republic or of any local authority for misconduct involving moral turpitude and unless a period of five years has elapsed since his dismissal.",
"name": "Qualifications and disqualifications of Chairman and members of Union Parishads",
"related_acts": "377,417,518,702",
"section_id": 8
},
{
"act_id": 652,
"details": "8. (1) A person shall not, at the same time, be a candidate for election to the offices of Chairman and 26* * * member of a Union Parishad. (2) If a person offers himself, at the same time, to be a candidate for election to the offices of Chairman and 27* * * member, all his nomination papers shall stand void. (3) When the office of Chairman falls vacant during the term of the Union Parishad, a member may contest the election to the office of Chairman, and if he is elected, his membership shall cease on the date he makes the oath of office of Chairman.",
"name": "Persons not to be candidate for two offices",
"related_acts": "",
"section_id": 9
},
{
"act_id": 652,
"details": "9. Every Chairman and member shall, before he enters upon his office, make, in the prescribed manner and within the prescribed period, an oath in the prescribed form.",
"name": "Oath of office",
"related_acts": "",
"section_id": 10
},
{
"act_id": 652,
"details": "10. Every Chairman and member shall, before he enters upon his office, submit to such Authority as the Government may direct, a declaration in writing, of properties, both movable and immovable, whether within or outside Bangladesh, which he or any member of his family owns, or which he has in his possession or under his control, or in which he or any member of his family has any beneficial interest. Explanation.- In this section, the expression “member of his family”, in relation to a person, includes- (a) \tthe spouse of such person, and (b) \tsuch of the children, parents, brothers and sisters as reside with and are wholly dependent upon such person.",
"name": "Declaration of properties",
"related_acts": "",
"section_id": 11
},
{
"act_id": 652,
"details": "11. (1) A Chairman may resign his office by notice in writing under his hand addressed to the Government or such other authority as the Government, may direct. (2) A member may resign his office by notice in writing under his hand addressed to the Chairman. (3) A resignation under this section shall become effective, and the office concerned shall become vacant, on the date on which the notice of resignation is received by the addressee.",
"name": "Resignation of Chairman, etc.",
"related_acts": "",
"section_id": 12
},
{
"act_id": 652,
"details": "12. 28(1) A Chairman or member shall render himself liable to removal from his office if - (a)\the, without reasonable excuse, absents himself from three consecutive meetings of the Union Parishad; (b)\the is involved in any activities prejudicial to the interest of the Union Parishad or of the State; (c)\the becomes physically or mentally incapacitated from performing his functions; or (d)\the is guilty of misconduct or is responsible for any loss or misapplication of money or property of the Union Parishad. Explanation. In this sub section, “misconduct” means misuse of power, corruption, jobbery, favouritism, nepotism and wilful maladministration and includes any attempt at, or abetment of, such misconduct. (2) A Chairman or 29* * * member shall not be removed from his office- (a)\ton any ground mentioned in clause (a) or (b) of sub-section (1), unless after such enquiry as may be considered necessary, the Government declares, by an order in writing, that he is liable to be so removed; or (b)\ton any ground mentioned in clause (c) or (d) of that sub-section, unless, at a special meeting of the Union Parishad called for the purpose in the prescribed manner, a resolution to the effect that he is liable to be so removed is passed by the votes of not less than 30nine members of the Union Parishad and unless the resolution is approved by the Government: Provided that no declaration under clause (a) nor a resolution under clause (b) shall be made or passed unless the Chairman or the member concerned has been given a reasonable opportunity of showing cause against the declaration or resolution proposed to be made or passed with respect to him. (2A) A Chairman or 31* * * member shall be deemed to have been removed from his office on the date on which the declaration under clause (a) of sub-section (2) of the approval of the Government under clause (b) of that sub-section is received by the Union Parishad. (3) A Chairman shall stand removed from his office if, at a special meeting of the Union Parishad called for the purpose in the prescribed manner, a motion of no-confidence is passed against him by the votes of not less than seven elected members and the motion is approved by the Government. 32* * * (5) Notwithstanding anything contained in any other provision of this Ordinance, a person who has been removed from any office under this section shall not, during the unexpired period of the term of the Union Parishad, be eligible for election 33* * * to that Union Parishad.",
"name": "Removal of Chairman, etc.",
"related_acts": "",
"section_id": 13
},
{
"act_id": 652,
"details": "13. The office of Chairman or member shall become vacant if- (a)\the becomes disqualified for being such Chairman or member under section 7(2); (b)\the fails to make the oath referred to in section 9 within the prescribed period, unless the 34Deputy Commissioner, for good cause shown extends the period; (c)\the resigns his office under section 11; (d)\the is removed from his office under section 12; or (e)\the dies.",
"name": "Vacation of Office of the Chairman, etc.",
"related_acts": "",
"section_id": 14
},
{
"act_id": 652,
"details": "14. (1) Where the office of Chairman or a member becomes vacant not later than one hundred and eighty days before the term of the Union Parishad is due to expire, an election 35* * * to fill the office shall be held 36* * * within sixty days of the occurrence of the vacancy, and the person who is elected in such election 37* * * shall hold office for the residue of such term: Provided that if no election is held within sixty days, the Election Commission may fix a day to hold such election. (2) While the office of Chairman is vacant, the functions of the office shall be performed by the Acting Chairman referred to in section 16.",
"name": "Casual vacancy",
"related_acts": "",
"section_id": 15
},
{
"act_id": 652,
"details": "15. A Union Parishad may grant leave of absence to its Chairman for any period not exceeding three months in any one year.",
"name": "Leave of absence of Chairman, etc.",
"related_acts": "",
"section_id": 16
},
{
"act_id": 652,
"details": "16. (1) If a vacancy occurs in the office of Chairman or if the Chairman is unable to discharge the functions of his office on account of absence, illness or any other cause, 38a member elected by the Union Parishad under sub-section (1A) from amongst the members shall act as Acting Chairman until a new Chairman elected to fill such vacancy enters upon his office or until the Chairman resumes the functions of his office, as the case may be. 39(1A) An election of Acting Chairman shall be held in such manner as may be directed by the Government. (2) At any time when the Acting Chairman is unable to discharge the functions of his office on account of absence, illness or any other cause, another member elected by the Union Parishad from amongst the 40* * * members shall act as Acting Chairman until a new Chairman elected to fill such vacancy enters upon his office or until the Acting Chairman resumes the functions of his office, as the case may be.",
"name": "Acting Chairman",
"related_acts": "",
"section_id": 17
},
{
"act_id": 652,
"details": "17. An election, 41* * * resignation, removal or vacation of office of a Chairman or member shall be notified in the official Gazette by the Government or any other authority as the Government may direct.",
"name": "Notification of election, etc.",
"related_acts": "",
"section_id": 18
},
{
"act_id": 652,
"details": "4217A. (1) Where any portion of a union has been declared an urban area and included in a municipality under the Paurashava Ordinance, 1977 (XXVI of 1977), the Union Parishad of the union may, if necessary, notwithstanding anything contained in this Ordinance, be reconstituted in such manner as the Government may direct and a Union Parishad so reconstituted shall continue to function till a Union Parishad is constituted in accordance with the provisions of this Ordinance. (2) Notwithstanding anything contained in sub-section (1), the Government may, instead of reconstituting a Union Parishad, appoint an Administrator to perform the functions of the Union Parishad till a Union Parishad is constituted in accordance with the provisions of this Ordinance. (3) Where an Administrator is appointed under this section,- (a) \tthe Chairman and members of the Union Parishad shall cease to hold office; (b) \tthe Government may appoint a Committee consisting of such number of members as it deems fit to assist the Administrator in the discharge of his functions. (4) The Administrator and the members of the Committee, if any, shall respectively exercise the powers of the Chairman and Members of the Union Parishad. (5) The Government may make such orders regarding the staff and the assets and liabilities of the Union Parishad reconstituted under this section as it may deem fit.",
"name": "Reconstitution of Union Parishads in certain cases",
"related_acts": "549",
"section_id": 19
},
{
"act_id": 652,
"details": "4318. (1) For the purpose of election of members, other than in reserved seats, the Union shall be divided into nine wards. (2) For the purpose of election of members in reserved seats, the Union shall be divided into three wards.",
"name": "Wards",
"related_acts": "",
"section_id": 20
},
{
"act_id": 652,
"details": "19. (1) For the purpose of delimitation of wards, the 44Thana Nirbahi Officer may appoint from amongst persons in the service of the Republic as many delimitation officers and assistant delimitation officers as may be necessary. (2) An assistant delimitation officer shall assist the delimitation officer in the performance of his functions and may perform, under the control of the delimitation officer, the functions of the delimitation officer.",
"name": "Appointment of delimitation officers",
"related_acts": "",
"section_id": 21
},
{
"act_id": 652,
"details": "4520A. For the purpose of election to the reserved seats, the Thana Nirbahi Officer shall cause the nine wards, delimited under section 20 to be regrouped into three wards and shall publish the list of such wards in the official Gazette.",
"name": "Delimitation of wards of reserved seats",
"related_acts": "",
"section_id": 22
},
{
"act_id": 652,
"details": "20. (1) The wards shall be delimited having regard to territorial unity and, so far as practicable, to distribution of population and administrative convenience. (2) A delimitation officer may, for the purpose of delimiting the wards, make such enquiries and examine such records as he may deem necessary and consider such representations as may be received by him, and shall publish at his office and at the office of the Union Parishad and at such other place or places as he considers necessary a preliminary list of wards specifying the areas proposed to be included in each such ward together with a notice inviting objections or suggestions within fifteen days from the date of publication of the notice. (3) The objection or suggestion, if any, received under sub section (2), shall be forwarded to the 46Thana Nirbahi Officer who, after making such enquiries as he considers necessary, shall give his decision within a period not exceeding fifteen days from the date of receipt of the objections or suggestions from the delimitation officer. (4) The delimitation officer shall make such amendments, alterations or modifications in the preliminary list published under sub section (2) as may be required by any decision on any objection or suggestion given by the 47Thana Nirbahi Officer under sub-section (3) and may also make such other amendments, alterations or modifications in the said list as may be necessary for correcting any error or omission. (5) After making amendments, alterations or modifications, if any, under sub section (4), the delimitation officer shall publish at his office and at the office of the Union Parishad and at such other place or places as he considers necessary the final list of wards, specifying the areas included in such ward and shall forward attested copies thereof to the 48Thana Nirbahi Officer who shall publish the list of wards in the official Gazette.",
"name": "Delimitation of wards",
"related_acts": "",
"section_id": 23
},
{
"act_id": 652,
"details": "21. (1) There shall be an electoral roll for each ward to be prepared by the Election Commission. (2) A person shall be entitled to be enrolled on the electoral roll for a ward if he- (a)\tis a citizen of Bangladesh; (b) \tis not less than eighteen years of age; (c) \tdoes not stand declared by a competent Court to be of unsound mind; and (d) is or is deemed to be a resident of that ward.",
"name": "Electoral roll",
"related_acts": "",
"section_id": 24
},
{
"act_id": 652,
"details": "22. (1) Every person whose name is for the time being entered in the electoral roll of a ward shall be entitled to vote at election of 49a member 50* * * for that ward. (2) Every person whose name is for the time being entered in the electoral roll of a ward of a union shall be entitled to vote at an election of Chairman for that union.",
"name": "Right to vote",
"related_acts": "",
"section_id": 25
},
{
"act_id": 652,
"details": "23. (1) There shall be elected 52one member from each ward and a Chairman in a Union Parishad. (2) A general election of Chairman and 53members 54* * * of a Union Parishad shall be held- (a) \tfor the purpose of constituting the Union Parishad under section 4, as soon as may be after the commencement of this Ordinance; 55* * * 56(b) \tfor the purpose of reconstituting the Union Parishad after the expiration of the term of the Union Parishad, within the period of one hundred eighty days preceding such expiration; (c) for the purpose of reconstituting the Union Parishad after the expiration of the period of supersession of the Union Parishad, if any, before such expiration: Provided that the persons elected at a general election under clause (b) or (c) shall not enter upon office as Chairman or member of the Union Parishad except after the expiration of the term of the Union Parishad or the period of supersession of the Union Parishad, as the case may be. 57(3) Where, for any reason, the election of a Union Parishad can not be held within the period specified in clause (b) or (c) of sub-section (2), that election may, notwithstanding anything contained in that sub-section, be held within a period, after the expiration of the term of the Union Parishad, as the Government may, by notification in the official Gazette, specify.",
"name": "Election of*** elected members, etc.",
"related_acts": "",
"section_id": 26
},
{
"act_id": 652,
"details": "24. All elections of Chairman and 58members 59* * * of a Union Parishad shall be organised, held and conducted by the Election Commission in accordance with the r ules, and such rules may provide for all or any of the following matters, namely:- (a)\tthe appointment of returning officers, assistant returning officers, presiding officers and polling officers for the conduct of election, and powers and duties of such officers; (b)\tthe nomination of candidates, objections to nominations and scrutiny of nominations; (c)\tthe deposits to be made by candidates and the circumstances under which such deposits may be refunded to candidates or forfeited to the Union Parishad; (d)\tthe withdrawal of candidature; (e)\tthe appointment of agents of candidates; (f)\tthe procedure in contested and uncontested elections; (g)\tthe date, time and place for poll and other matters relating to the conduct of elections; (h) \tthe manner in which votes are to be given; (i) \tthe scrutiny and counting of votes, the declaration of the result and the procedure to be followed in case of equality of votes; (j) \tthe custody and disposal of ballot papers and other papers relating to elections; (k) \tthe circumstances under which polls may be suspended and fresh polls may be held; (l) \tthe election expenses; (m) \tthe corrupt or illegal practices and other election offences and penalties thereof; and (n) \tany other matter connected with or incidental to elections.",
"name": "Conduct of election",
"related_acts": "",
"section_id": 27
},
{
"act_id": 652,
"details": "25. The names of all persons elected as Chairman and 60members 61* * * of a Union Parishad shall as soon as may be after such election, be published in the official Gazette, by the Election Commission.",
"name": "Publication of results of election of Chairman, etc.",
"related_acts": "",
"section_id": 28
},
{
"act_id": 652,
"details": "26. (1) No election under this Ordinance shall be called in question except by an election petition under sub section (2). (2) Any candidate may make an election petition challenging the election at which he was a candidate. (3) An election petition shall be presented, in such manner as may be prescribed to the Election Tribunal appointed under section 27.",
"name": "Election petitions",
"related_acts": "",
"section_id": 29
},
{
"act_id": 652,
"details": "27. (1) For the trial of election petitions, the Election Commission shall, by notification in the official Gazette, appoint a judicial officer to be an Election Tribunal for such area as may be specified in the notification. (2) Where the person constituting an Election Tribunal is succeeded by another, the trial of a petition shall continue before the person so succeeding and any evidence already recorded shall remain upon the record and it shall not be necessary to re examine the witnesses who have already been examined and discharged.",
"name": "Appointment of Tribunal",
"related_acts": "",
"section_id": 30
},
{
"act_id": 652,
"details": "28. The Election Commission, either of its own motion or on an application made in this behalf by any of the parties, may, at any stage, transfer an election petition from one Election Tribunal to another Election Tribunal, and the Tribunal to which the petition is so transferred shall proceed with the trial of the petition from the stage at which it was transferred: Provided that the Tribunal to which an election petition is so transferred may, if it thinks fit, recall and examine any of the witnesses already examined.",
"name": "Power to transfer election petitions",
"related_acts": "",
"section_id": 31
},
{
"act_id": 652,
"details": "29. (1) An Election Tribunal shall, upon receipt of an election petition, give notice thereof to all the contesting candidates at the election to which the petition relates. (2) Subject to any rules made in this behalf, the Election Tribunal shall, after giving the contesting candidates an opportunity of being heard and taking such evidence as may be produced before it, make such orders as it may think fit. 62(3) Save as provided in sub-section (4), the decision of an Election Tribunal on an election petition shall be final. (4) Any person aggrieved by a decision of the Election Tribunal may, within thirty days of the announcement of the decision, prefer an appeal to the District Judge within whose jurisdiction the election in dispute was held; and the decision of the District Judge on such appeal shall be final: Provided that in the case of a decision announced before the commencement of the Local Government (Union Parishads) (Amendment) Ordinance, 1984 (XLIV of 1984), such appeal may be preferred within thirty days of such commencement.",
"name": "Trial of election petitions",
"related_acts": "",
"section_id": 32
},
{
"act_id": 652,
"details": "30. (1) Subject to rules, and such directions as the Government may from time to time give, and within the limits of the funds at its disposal, a Union Parishad may undertake all or any of the functions enumerated in Part I of the First Schedule, and such other functions- (a) \tas are declared by the Government to be appropriate matters for administration by Union Parishad generally or by any particular Union Parishad; or 63* * * (c) \tas are entrusted to Union Parishads under any other law for the time being in force. (2) The Union Parishads shall, in particular, undertake the following functions:- (a) \tmaintenance of law and order and assistance to administration in the maintenance of law and order; (b) \tadoption of measures for preventing crime, disorder and smuggling; (c) \tadoption and implementation of development schemes in the fields of agriculture, forest, fisheries, livestock, education, health, cottage industries, communication, irrigation and flood protection with a view to increasing economic and social upliftment of people; (d) \tpromotion of family planning; 64* * * (f) \tdevelopment of local resources and their use; (g) \tprotection and maintenance of public property, such as roads, bridges, canals, embankments, telephones and electricity lines; (h) \treview of the development activities of all agencies at the union level and to make recommendations to the 65Thana Nirbahi Officer in regard to their activities; (i) \tmotivation and persuasion of the people to install sanitary latrines; (j) \tregistration of births, deaths, blinds, beggars and destitutes; (k) \tconducting of census of all kinds.",
"name": "Civic functions of Union Parishads",
"related_acts": "",
"section_id": 33
},
{
"act_id": 652,
"details": "31. (1) The Government may establish a village police force in such rural areas as may be notified from time to time, and may by rules regulate the appointment, the training and discipline and the terms and conditions of service of the members of such police force. (2) The village police shall exercise such powers and discharge such duties as are specified in Part II of the First Schedule. (3) Where the Deputy Commissioner is of the opinion that in any union or a part thereof, special measures are required to secure village defence or public security, he may, by order, require, that all or any of the able-bodied adult male inhabitants of the union or such part thereof shall be liable to patrol duty for such period and in such manner as may be specified in the order. (4) Where an order is made under sub section (3), the Union Parishad shall exercise such powers and discharge such duties as may be specified in the order.",
"name": "Police and defence functions of Union Parishads",
"related_acts": "",
"section_id": 34
},
{
"act_id": 652,
"details": "32. (1) It shall be the duty of the Chairman- (a) \tto assist village revenue officials in the union, by whatever name called or howsoever designated, in the proper performance of their duties with regard to the collection of rent or land development tax and the general administration; (b) \tto render such assistance in the preparation of records and assessments, and in the work of survey or crop inspection, and of other branches of revenue administration in the union as the Deputy Commissioner may require; (c) \tto report to the police the commission of any offence, to bring to the notice of the police the presence in the union of persons of notorious character, and to assist in the investigation and prevention of crime, and in arresting criminals; (d) \tto report to competent authority all cases of damage to or encroachments upon any public road, street or way, or any public place, building or property; (e) \tto publicise in the union all matters the publicity of which is required by the Government or other competent authority; and (f) \tto assist officials in the execution of their official duties, and to furnish such information as may be required by them for official purposes. (2) Nothing in sub section (1) shall be construed as authorising the Chairman to interfere in the performance by any official of his official duties.",
"name": "Revenue and general administrative functions of Union Parishads",
"related_acts": "",
"section_id": 35
},
{
"act_id": 652,
"details": "33. (1) A Union Parishad shall be responsible for agricultural, industrial and community development in the union, and may, for that purpose, perform such functions as may be prescribed. (2) A Union Parishad may, for the purposes of rural development, adopt such measures and perform such functions as may be prescribed.",
"name": "Development functions of Union Parishads",
"related_acts": "",
"section_id": 36
},
{
"act_id": 652,
"details": "34. Every Union Parishad may appoint one of its members, or, if the circumstances so require, any other person to be in charge of promoting public games, sports and cultural activities.",
"name": "Appointment for the purpose of sports, etc.",
"related_acts": "",
"section_id": 37
},
{
"act_id": 652,
"details": "35. Notwithstanding anything in this Ordinance or in any other law for the time being in force, the Government may from time to time direct that, subject to such terms and conditions as may be specified in the direction,- (a) \tany institution or service maintained by a Union Parishad shall be transferred to the management and control of the Government or 66any other authority; and (b) \tany institution or service maintained by the Government or 67any other authority shall be transferred to the management and control of a Union Parishad.",
"name": "Transfer of functions from Union Parishads to Government and vice versa",
"related_acts": "",
"section_id": 38
},
{
"act_id": 652,
"details": "36. (1) The executive powers of a Union Parishad shall extend to the doing of all acts necessary for the due discharge of its functions under this Ordinance. (2) Save as otherwise provided in this Ordinance and the rules, the executive powers of a Union Parishad shall vest in and be exercised by its Chairman, either directly or through other persons authorised by him, in accordance with this Ordinance or the rules. (3) All acts of a Union Parishad, whether executive or not, shall be expressed to be taken in the name of the Union Parishad, and shall be authenticated in the manner prescribed.",
"name": "Executive powers",
"related_acts": "",
"section_id": 39
},
{
"act_id": 652,
"details": "37. (1) All business of a Union Parishad shall, to the extent and in the manner prescribed, be disposed of at its meeting, or at the meetings of its 68Standing Committees, or by its Chairman or members, officers or employees. (2) All meetings of a Union Parishad shall be presided over by the Chairman and, in his absence, by the acting Chairman, and in the absence of both, by a member chosen for that purpose by the members present. (3) No act or proceedings of a Union Parishad shall be invalid by reason only of the existence of any vacancy in, or any defect in the constitution of, the Parishad, or by reason only that some person who was not entitled to do so, sat or voted, or otherwise took part in its proceedings. (4) Minutes of the proceedings of every meeting of a Union Parishad shall be drawn up and recorded in a book to be kept for the purpose. (5) All decisions of a Union Parishad shall be reported to the 69Thana Nirbahi Officer along with a copy to the Deputy Commissioner within fourteen days from the date on which the minutes of the meeting are signed.",
"name": "Disposal of business",
"related_acts": "",
"section_id": 40
},
{
"act_id": 652,
"details": "7038A. Notwithstanding anything contained in section 38, there shall be a Committee to be called the Samaj Unnayan Committee in every ward for a reserved seat consisting of the member of that reserved seat, who shall also be its Chairman, and the members representing the wards of general seats regrouped for delimitation of that reserved seat under section 20A.",
"name": "Samaj Unnayan Committee",
"related_acts": "",
"section_id": 41
},
{
"act_id": 652,
"details": "7138. (1) The Union Parishad shall, at its first meeting, in each year, or as soon as may be at any meeting subsequent thereto, constitute Standing Committees for dealing respectively with- (a) \tfinance and establishment; 72(b) \teducation and mass education; (c) \thealth, family planning and epidemic control; (d) \taudit and accounts; (e) \tagriculture and other development works; (f)\tsocial welfare and community centres; (g) \tcottage industries and co-operatives 73; (h)\tlaw and order; (i)\twomen and children welfare, culture and sports; (j)\tfisheries and livestock; (k) \tconservation of environment and tree plantation; (l) \tunion public works; (m) \trural water supply and sanitation. 74(1A) A Standing Committee under this section shall consist of such number of members and other co-opted persons as may be determined by the Union Parishad concerned. (2) The Union Parishad may, with the previous approval of the Deputy Commissioner, constitute additional Standing Committees for such purpose as may be prescribed by regulations. 75(3) A Standing Committee shall elect one of its members, other than a co-opted member to be its Chairman and another such member to be its Vice-Chairman: Provided that one-fourth of the total number of Chairmen of the Standing Committees shall, subject to the availability of candidate, be elected from amongst the members elected in reserved seats: Provided further that where any office of Chairman of any Standing Committee within the number aforesaid can not be filled in by a member elected in reserved seat for any reason whatsoever, the office of Vice-Chairman of that Standing Committee shall be filled in by election of a member elected in reserved seat. (4) A Union Parishad may co-opt a person of either sex who is not a member of the Parishad but who may, in the opinion of the Parishad, possess special qualifications for serving on any Standing Committee; and such member shall not have any right to vote at meetings of the Standing Committee, but shall be deemed to be member thereof for all other purposes.",
"name": "Constitution of Standing Committees",
"related_acts": "",
"section_id": 42
},
{
"act_id": 652,
"details": "39. (1) All contracts made by or on behalf of a Union Parishad shall be- (a) \tin writing and expressed to be made in the name of the Union Parishad; (b) \texecuted in such manner as may be prescribed; and (c) \treported to the Union Parishad by the Chairman at the meeting next following the execution of the contract. (2) A Union Parishad may, by resolution, lay down the procedure that shall regulate the making of various contracts, and in the execution of contracts, the Chairman shall act in accordance with such resolution. (3) No contract executed otherwise than in conformity with the provisions of this section shall be binding on the Union Parishad.",
"name": "Contracts",
"related_acts": "",
"section_id": 43
},
{
"act_id": 652,
"details": "40. The Government may, by rules, provide for- (a) \tthe preparation of plans and estimates for works to be executed by a Union Parishad; (b) \tthe authority by whom and the conditions subject to which such plans and estimates shall be technically approved and administratively sanctioned; and (c) \tthe agency by which such plans and estimates shall be prepared and such works shall be executed.",
"name": "Works",
"related_acts": "",
"section_id": 44
},
{
"act_id": 652,
"details": "41. A Union Parishad shall- (a) \tmaintain such records of its working as may be prescribed; (b) \tprepare and publish such periodical reports and returns as may be prescribed; and (c) \tadopt such other measures as may be necessary, or may be specified by the Government from time to time, for the publication of information about the working of the Union Parishad.",
"name": "Records, reports and returns",
"related_acts": "",
"section_id": 45
},
{
"act_id": 652,
"details": "42. A Union Parishad may appoint such officers and employees as it deems necessary to assist it in the discharge of its functions on such terms and conditions as may be prescribed.",
"name": "Officers and employees",
"related_acts": "",
"section_id": 46
},
{
"act_id": 652,
"details": "43. (1) For every Union Parishad there shall be formed a fund which shall be known as the Union Fund. (2) To the credit of a Union Fund formed under sub section (1) shall be placed- (a) \tthe balance of such fund as on the coming into force of this Ordinance is at the disposal of the Union Parishad of which the Union Parishad concerned is the successor; (b) \tthe proceeds of all taxes, rates, fees and other charges levied by the Union Parishad under this Ordinance; (c) \tall rents and profits payable or accruing to the Union Parishad from the property vested in or managed by the Union Parishad; (d)\tall sums received by the Union Parishad in the performance of its functions under this Ordinance or under any other law for the time being in force; (e) \tall sums contributed by individuals or institutions or by any local authority; (f)\tall receipts accruing from the trusts placed under the management of the Union Parishad; (g)\tall grants made by the Government and other authorities; (h)\tall profits accruing from investments; and (i)\tsuch proceeds from such sources of income as the Government may direct to be placed at the disposal of the Union Parishad.",
"name": "Constitution of Union Fund",
"related_acts": "",
"section_id": 47
},
{
"act_id": 652,
"details": "44. (1) The moneys credited to a Union Fund shall be kept in a Government treasury, or in a bank transacting the business of a Government treasury, or in such other manner as may be specified by the Government from time to time. (2) A Union Parishad may invest any portion of the Union Fund in such manner as may be prescribed. (3) A Union Parishad may, and if required by the Government, shall, establish and maintain a separate fund for any special purpose, which shall be administered and regulated in such manner as may be prescribed.",
"name": "Custody or investment of Union Fund and establishment of special fund",
"related_acts": "",
"section_id": 48
},
{
"act_id": 652,
"details": "45. The moneys from time to time credited to a Union Fund shall be applied in the following order of preference:- firstly, \tin the payment of salaries and allowances to the officers and employees of the Union Parishad; secondly, \tin meeting the expenditure charged on the Union Fund under this Ordinance; thirdly,\tin the fulfilment of any obligation and in the discharge of any duty imposed on a Union Parishad under this Ordinance or under any other law for the time being in force; fourthly, \tin meeting the expenditure declared by the Union Parishad with the previous sanction of the 76Deputy Commissioner to be an appropriate charge on the Union Fund; and fifthly,\tin meeting the expenditure declared by the Government to be an appropriate charge on a Union Fund.",
"name": "Application of Union Fund",
"related_acts": "",
"section_id": 49
},
{
"act_id": 652,
"details": "46. (1) The following expenditure shall be charged on a Union Fund, namely:- (a)\tall sums to be paid to, or in connection with employment of, any Government servant who is or has been in the service of a Union Parishad; (b) \tsuch sums as the Union Parishad may be required by the Government to contribute towards the conduct of elections, the auditing of accounts and such other matters as may, from time to time, be specified by the Government; (c) \tany sum required to satisfy any judgement, decree or award against the Union Parishad by any Court or tribunal; and (d) \tany expenditure declared by the Government to be so charged. (2) If any expenditure charged on a Union Fund is not paid, the Government may, by order, direct the person or persons having the custody of the Union Fund to pay such amount, or so much thereof as may, from time to time, be possible, from the balance of the Union Fund.",
"name": "Charged expenditure",
"related_acts": "",
"section_id": 50
},
{
"act_id": 652,
"details": "47. (1) Every Union Parishad shall, in the prescribed manner, prepare before the commencement of each financial year, a statement of its estimated receipts and expenditure for that year, hereinafter referred to as the budget, and send it to the 77Deputy Commissioner for approval. (2) If the budget is not prepared by a Union Parishad before the commencement of any financial year, the 78Deputy Commissioner may have the necessary statement prepared and certify it, and such certified statement shall be deemed to be the sanctioned budget of the Union Parishad. (3) Within thirty days of the receipt of the copy of a budget under sub-section (1), the 79Deputy Commissioner may, by order, modify it, and the budget so modified shall be deemed to be the sanctioned budget of the Union Parishad. (4) If the budget received under sub section (1) is not modified or approved within thirty days by the 80Deputy Commissioner it shall be deemed to have been approved. (5) At any time before the expiry of the financial year to which a budget relates, a revised budget for the year may, if necessary, be prepared and sent to the 81Deputy Commissioner and such revised budget shall, so far as may be, be subject to the provisions of this section. (6) Where any Union Parishad assumes office under this Ordinance for the first time, its budget for the financial year during which it assumes office shall relate to the remaining period of that year, and the other provisions of this section shall mutatis mutandis apply.",
"name": "Budget",
"related_acts": "",
"section_id": 51
},
{
"act_id": 652,
"details": "48. (1) Accounts of the receipts and expenditure of a Union Parishad shall be kept in the prescribed manner and form. (2) An annual statement of the accounts shall be prepared after the close of every financial year and shall be forwarded to the 82Deputy Commissioner by the thirty first December of the following financial year. (3) A copy of the annual statement of accounts shall be placed at a conspicuous place in the office of the Union Parishad concerned for public inspection, and all objections or suggestions concerning such accounts received from the public shall be considered by the Union Parishad and brought to the notice of the audit authority referred to in section 49.",
"name": "Accounts",
"related_acts": "",
"section_id": 52
},
{
"act_id": 652,
"details": "49. (1) The accounts of every Union Parishad shall be audited in such manner, after such intervals and by such authority as may be prescribed. (2) The audit authority shall have access to all the books and other documents pertaining to accounts, and may also examine the Chairman or any member, officer or employee of the Union Parishad concerned. (3) On the completion of audit, the audit authority shall submit to the 83Deputy Commissioner an audit report which shall, among other things, mention- (a) \tcases of embezzlement; (b) \tcases of loss, waste or misapplication of the Union Fund; (c) \tcases of other irregularities in the maintenance of accounts; and (d) \tthe names of the persons who, in its opinion, are directly or indirectly responsible for such embezzlement, loss, waste, misapplication or irregularities.",
"name": "Audit",
"related_acts": "",
"section_id": 53
},
{
"act_id": 652,
"details": "50. (1) The Government may, by rules- (a) \tprovide for the management, maintenance, improvement and development of the property belonging to or vesting in Union Parishad; (b) \tregulate the alienation of such property; and (c) \tprovide for the compulsory acquisition of such immovable property as may be required by a Union Parishad for the purposes of this Ordinance. (2) A Union Parishad may- (a)\tmanage, maintain, inspect, develop or improve any property which is owned by or vests in it or which is placed under its charge; (b) \tapply such property for the purposes of this Ordinance or the rules; and (c) acquire or transfer by grant, gift, sale, mortgage, lease, exchange or otherwise any property.",
"name": "Property of Union Parishads",
"related_acts": "",
"section_id": 54
},
{
"act_id": 652,
"details": "51. (1) A Union Parishad may, and if so required by the Government, shall, prepare and implement development plans for such periods as may be specified.\t(2) Such plans shall be subject to the approval of the 84Deputy Commissioner and shall provide for- (a) \tthe manner in which the plans shall be financed, executed, implemented and supervised; (b) \tthe agency through which the plans shall be executed and implemented; and (c) \tsuch other matters as may be necessary. (3) The Government may direct that any specified item of income of a Union Parishad shall wholly or in part be earmarked for and applied in the implementation of a development plan.",
"name": "Development plans",
"related_acts": "",
"section_id": 55
},
{
"act_id": 652,
"details": "52. Every Chairman, member, officer or employee of a Union Parishad, and every person charged with the administration of the affairs of a Union Parishad, or acting on behalf of a Union Parishad, shall be liable for the loss, waste or misapplication of any money or property belonging to the Union Parishad, which is a direct consequence of his negligence or misconduct, and the liability of such Chairman, member, officer, employee or person shall be determined by the Government in the prescribed manner, and the amount for which he is held liable shall be recoverable as a public demand.",
"name": "Recovery against liabilities",
"related_acts": "",
"section_id": 56
},
{
"act_id": 652,
"details": "53. A Union Parishad, with the previous sanction of the 85Deputy Commissioner may levy, in the prescribed manner, all or any of the taxes, rates and fees mentioned in the Second Schedule.",
"name": "Taxes to be levied",
"related_acts": "",
"section_id": 57
},
{
"act_id": 652,
"details": "54. (1) All taxes, rates and fees levied by a Union Parishad shall be notified in the prescribed manner, and shall, unless otherwise directed by the Government, be subject to previous publication. (2) Where a proposal for a levy of a tax, rate or fee, or for the modification of tax, rate or fee, which is enforced, is sanctioned, the sanctioning authority shall specify the date for the enforcement thereof, and such tax, rate or fee or the modification shall come into force on such date.",
"name": "Notification and enforcement of taxes, etc.",
"related_acts": "",
"section_id": 58
},
{
"act_id": 652,
"details": "55. The Government may frame model tax schedules and, where such schedules have been framed, the Union Parishads shall be guided by them in levying a tax, rate or fee.",
"name": "Model tax schedules",
"related_acts": "",
"section_id": 59
},
{
"act_id": 652,
"details": "56. (1) A Union Parishad may, by notice, call upon any person to furnish such information, produce such records or accounts liable to any tax, rate or fee, as may be necessary for the purpose of determining the liability of such person to a tax, rate or fee, or the assessment thereof. (2) Any member or official of a Union Parishad authorised in this behalf may, after due notice, enter upon any building or premises for the purpose of assessing the liability of such building or premises to any rate.",
"name": "Liability on account of taxes",
"related_acts": "",
"section_id": 60
},
{
"act_id": 652,
"details": "57. (1) Unless otherwise provided, all taxes, rates and fees levied under this Ordinance shall be collected by such person and in such manner as may be prescribed. (2) All arrears of taxes, rates and fees and other moneys claimable by a Union Parishad under this Ordinance shall be recoverable as a public demand. (3) Any member or official of a Union Parishad authorised in this behalf may, in the prescribed manner, seize and dispose of any goods for the purpose of recovery of arrears of tax, rate or fee. (4) Notwithstanding the provisions of sub section (2), the Government may empower any Union Parishad to recover arrears of taxes, rates, fees and other moneys claimable by the Union Parishad under this Ordinance by distress and sale of the movable property belonging to the person concerned, or by attachment and sale of the immovable property belonging to him. (5) The Government may, by rules, specify the official or classes of officials by whom the power under sub section (4) shall be exercised, and prescribe the manner in which it shall be exercised.",
"name": "Collection and recovery of taxes, etc.",
"related_acts": "",
"section_id": 61
},
{
"act_id": 652,
"details": "58. No assessment of a tax, rate or fee under this Ordinance, or valuation therefore, or the liability of a person to be so taxed, shall be called in question except by a petition presented to such authority, in such manner and within such period as may be prescribed.",
"name": "Petitions against valuation, assessment, etc.",
"related_acts": "",
"section_id": 62
},
{
"act_id": 652,
"details": "59. (1) All taxes, rates, fees and other charges levied by Union Parishad shall be imposed, assessed, leased, compounded, administered and regulated in such manner as may be provided by rules. (2) Rules made under this section may, among other matters, provide for the obligations of the tax payers and the duties and powers of the officials and other agencies responsible for the assessment and collection of taxes.",
"name": "Taxation Rules",
"related_acts": "",
"section_id": 63
},
{
"act_id": 652,
"details": "60. The Government shall exercise general supervision and control over the Union Parishads in order to ensure that their activities conform to the purposes of this Ordinance.",
"name": "Supervision over Union Parishads",
"related_acts": "",
"section_id": 64
},
{
"act_id": 652,
"details": "61. If, in the opinion of the Government, anything done or intended to be done by or on behalf of a Union Parishad is not in conformity with law, or is in any way against public interest, the Government may, by order,- (a) \tquash the proceedings; (b) \tsuspend the execution of any resolution passed or order made by the Union Parishad; (c) \tprohibit the doing of anything proposed to be done; and (d) \trequire the Union Parishad to take such action as may be specified.",
"name": "Control over the activities of Union Parishads",
"related_acts": "",
"section_id": 65
},
{
"act_id": 652,
"details": "62. (1) The Government may direct any Union Parishad, or any person or authority responsible thereto, to take, within such period as may be specified, such action as may be necessary for carrying out the purposes of this Ordinance. (2) Where after due enquiry the Government is satisfied that a Union Parishad or person or authority has failed to comply with any direction made under sub-section (1), the Government may appoint a person or persons to give effect to such direction, and may further direct that the expenses incurred in connection therewith shall be borne by the Union Parishad. (3) Should the expenses be not so paid, the Government may make an order directing the person having the custody of the balance of the Union Fund to pay the expense, or so much thereof as may from time to time be possible.",
"name": "Power of Government to give direction to Union Parishads",
"related_acts": "",
"section_id": 66
},
{
"act_id": 652,
"details": "63. (1) The Government may either suo motu or on an application made to it by any person, cause an enquiry to be made by such officer as may be authorised by it in this behalf, into the affairs of a Union Parishad generally, or into any particular matter concerning a Union Parishad and take such remedial measures as may be warranted by the findings of such enquiry. (2) Such officer shall, for the purposes of the enquiry, have the powers of a Court under the Code of Civil Procedure, 1908 (V of 1908) to take evidence and to compel the attendance of witnesses and the production of documents.",
"name": "Inquiry into the affairs of Union Parishads",
"related_acts": "86",
"section_id": 67
},
{
"act_id": 652,
"details": "64. (1) If, after such enquiry as may be necessary, the Government is of the opinion that a Union Parishad- (a) \tis unable to discharge or persistently fails in discharging its duties, or (b) is unable to administer its affairs or meet its financial obligation, or (c) \tgenerally acts in a manner contrary to public interests, or (d) \totherwise exceeds or abuses its powers, the Government may, by notification in the official Gazette, declare the Union Parishad to be superseded for such period, not exceeding the residue of the term of such Union Parishad, as may be specified: Provided that the Government shall, before making an order under this section give the Parishad an opportunity of showing cause why such order should not be made. (2) On the publication of a notification under sub section (1), - (a) \tpersons holding office as Chairman and members shall cease to hold office; (b) \tall functions of the Union Parishad shall, during the period of supersession be performed by such person or authority as the Government may appoint in this behalf ; and (c) \tall funds and property belonging to the Union Parishad shall, during the period of supersession, vest in the Government. (3) On the expiry of the period of supersession, the Union Parishad shall be reconstituted in accordance with the provisions of this Ordinance and the rules.",
"name": "Supersession of Union Parishads",
"related_acts": "",
"section_id": 68
},
{
"act_id": 652,
"details": "65. (1) Where any proceedings have been initiated for the removal of the Chairman under section 12 or where any criminal proceedings under any law have been started against such Chairman or where on an enquiry by the Government, he is found to be guilty of any misconduct within the meaning of section 12(1) and in the opinion of the Government, the exercise of power by him as Chairman is either likely to be prejudicial to the interest of the Union Parishad or undesirable from the point of view of public interest, the Government may, by order in writing, place such Chairman under suspension; and during the period of suspension, an Acting Chairman elected in accordance with the provisions of section 16 shall discharge the functions of the Chairman until the termination of the proceedings or, in the event of the Chairman being removed as a result of such proceedings, or until the suspension is withdrawn or until a new Chairman is elected for the Union Parishad. (2) When an order of suspension has been made under sub section (1), the Chairman shall, not later than three days from the date of communication of the order, make over charge of his office to the Acting Chairman to discharge the functions of the Chairman. (3) A member may be suspended from his office on any ground as mentioned in section 12(1) if, at a special meeting of the Parishad called for the purpose, a resolution to the effect that he is liable to be so suspended is passed by the votes of not less than three fourths of the total number of members: Provided that no such resolution shall be passed unless the member concerned has been given a reasonable opportunity of showing cause against the resolution proposed to be passed with respect to him. (4) No Court shall enquire into or question the validity of any order made under sub section (1).",
"name": "Suspension of Chairman and members in certain circumstances",
"related_acts": "",
"section_id": 69
},
{
"act_id": 652,
"details": "66. (1) The Government may set up institutions for the training of the members and staff of Union Parishads, for the promotion of research in local government and allied subjects, and may, by rules, provide- (a)\tfor the administration of such institutions; (b)\tfor compulsory training of members and staff; (c)\tfor the courses to be studied; and (d)\tfor the holding of examinations and the award of diplomas and certificates to successful candidates. (2) Every Union Parishad shall pay towards the cost of the institutions set up under sub section (1) in such proportion as the Government may from time to time determine.",
"name": "Training institutions",
"related_acts": "",
"section_id": 70
},
{
"act_id": 652,
"details": "67. Any Union Parishad may join any other Union parishad or Parishads or any other local authority or authorities, in appointing a joint committee for any purpose in which such Union Parishads or authorities may be jointly interested and may delegate to such joint committee any power which may be exercised by it, including the power to make regulations for the conduct of business.",
"name": "Joint committees",
"related_acts": "",
"section_id": 71
},
{
"act_id": 652,
"details": "68. If any dispute arises between two or more Union Parishads, the matter shall be referred to- 86* * * (b)\tthe Deputy Commissioner, if the parties concerned are in 87* * * the same district; (c)\tthe Commissioner, if the parties concerned are in different districts within the same division; (d)\tthe Government, if the parties concerned are in different divisions; and the decision of the authority to which the dispute is so referred shall be final.",
"name": "Disputes between Union Parishads",
"related_acts": "",
"section_id": 72
},
{
"act_id": 652,
"details": "69. Every act or omission specified in the Third Schedule shall be an offence under this Ordinance.",
"name": "Offences",
"related_acts": "",
"section_id": 73
},
{
"act_id": 652,
"details": "70. An offence under this Ordinance shall be punished with fine which may extend to one thousand Taka, and if the offence is a continuing one, with a further fine which may extend to twenty five Taka for every day after the date of the first commission during which period the offender has persisted in the offence.",
"name": "Punishment",
"related_acts": "",
"section_id": 74
},
{
"act_id": 652,
"details": "71. The Chairman or any person generally or specially authorised by the Union Parishad in this behalf may compound any offence under this Ordinance.",
"name": "Compounding of offences",
"related_acts": "",
"section_id": 75
},
{
"act_id": 652,
"details": "72. No Court shall take cognizance of any offence under this Ordinance except on a complaint in writing received from the Chairman or a person generally or specially authorised by the Union Parishad in this behalf.",
"name": "Cognizance of offences",
"related_acts": "",
"section_id": 76
},
{
"act_id": 652,
"details": "73. (1) No person shall make an encroachment, movable or immovable, on, over or under a public way, public street, public road or public place. (2) Subject to regulations, a Union Parishad may, by notice, require the person responsible for any such encroachment to remove the same within such period as may be specified, and if the encroachment is not removed within such period, the Union Parishad may cause the encroachment to be removed through its own agency; and the cost incurred thereon by the Union Parishad shall be deemed to be a tax levied on the person responsible for the encroachment under this Ordinance. (3) Notwithstanding anything contained in any other law, no compensation shall be payable for any encroachment removed or required to be removed under this section.",
"name": "Encroachments",
"related_acts": "",
"section_id": 77
},
{
"act_id": 652,
"details": "74. (1) Any person aggrieved by an order passed by a Union Parishad or its Chairman in pursuance of this Ordinance or the rules or regulations may, within thirty days of the passing of the order, appeal to such authority as may be prescribed. (2) Any order passed in appeal shall be final and shall not be called in question in any Court.",
"name": "Appeals",
"related_acts": "",
"section_id": 78
},
{
"act_id": 652,
"details": "75. It shall be the duty of all police officers to give immediately information to the Chairman concerned of the commission of any offence specified in the Third Schedule and to assist the Chairman, officer and employee of a Union Parishad in the exercise of their lawful authority.",
"name": "Duties of police",
"related_acts": "",
"section_id": 79
},
{
"act_id": 652,
"details": "76. The Government may, by standing orders, issued from time to time,- (a)\tdefine and regulate the relations of the Union Parishads inter se, and with other local authorities; (b)\tprovide for co ordinating the activities of Union Parishads and the Government authorities; (c)\tprovide for giving financial assistance to Union Parishads, including the making of grants for specified purposes on specified terms and conditions; (d) \tprovide for the making of financial contributions by one Union Parishad to another Union Parishad or to any other local authority; and (e) \tprovide for the general guidance of Union Parishads in carrying out the purposes of this Ordinance.",
"name": "Standing orders",
"related_acts": "",
"section_id": 80
},
{
"act_id": 652,
"details": "77. (1) The Government may, by notification in the official Gazette, delegate any of its powers under this Ordinance or the rules to a Commissioner, Deputy Commissioner, or any other officer subordinate to him or to any other person or authority. (2) A Commissioner or Deputy Commissioner may, with the previous approval of the Government, delegate any of his powers under this Ordinance or the rules, not being powers delegated to him under sub section (1), to any officer subordinate to him or to any other person or authority.",
"name": "Delegation of powers",
"related_acts": "",
"section_id": 81
},
{
"act_id": 652,
"details": "78. No suit shall be instituted against a Union Parishad or against any member, officer or employee of a Union Parishad in respect of any act done or purporting to be done in official capacity, until the expiration of one month next after notice in writing has been, in the case of a Union Parishad, delivered or left at its office, and in the case of a member, officer or employee, delivered to him or left at his office or place of abode, stating the cause of action and the name and place of abode of the intending plaintiff, and the plaint shall contain a statement that such notice has been delivered or left.",
"name": "Institutions of suits against Union Parishads, etc.",
"related_acts": "",
"section_id": 82
},
{
"act_id": 652,
"details": "79. (1) Where anything is required to be done or not to be done by any person under this Ordinance or the rules or the regulations, a notice shall be served on the person concerned specifying the time within which the requirement shall be complied with. (2) No notice shall be invalid for defect of form. (3) Every notice shall, unless otherwise provided, be served or presented by giving or tendering the notice or sending it by post to the person for whom it is intended or by affixing it on some conspicuous part of his place of abode or business. (4) A notice intended for the public in general shall be deemed to have been sufficiently served if a copy thereof is affixed in such public place as may be determined by the Union Parishad concerned.",
"name": "Notice and service thereof",
"related_acts": "",
"section_id": 83
},
{
"act_id": 652,
"details": "80. All records prepared or registers maintained under this Ordinance shall be deemed to be public documents within the meaning of the Evidence Act, 1872 (I of 1872), and shall be presumed to be genuine until the contrary is proved.",
"name": "Records to be public documents",
"related_acts": "24",
"section_id": 84
},
{
"act_id": 652,
"details": "81. Every Chairman, member, officer and employee of a Union Parishad, and every other person duly empowered to act on behalf of a Union Parishad, shall be deemed to be a public servant within the meaning of section 21 of the Penal Code (XLV of 1860).",
"name": "Members, etc., to be public servants",
"related_acts": "",
"section_id": 85
},
{
"act_id": 652,
"details": "82. No suit, prosecution or other legal proceedings shall lie against the Government or any Union Parishad or against any person authorised by either, for anything which is in good faith done or intended to be done under this Ordinance or the rules or regulations, or for any damage caused or likely to be caused by any such thing.",
"name": "Protection of action taken in good faith, etc.",
"related_acts": "",
"section_id": 86
},
{
"act_id": 652,
"details": "83. (1) The Government may make rules for carrying out the purposes of this Ordinance. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- (a) \telection of Chairman and elected members and all matters relating thereto; (b) \tpowers and duties of Chairmen and members; (c) \tregulation of the functions of Union Parishads with regard to village police including the appointment, terms and conditions and training and discipline of members of the village police; (d) \tfunctions of Union Parishads with regard to agricultural, industrial and community development, and food production; (e) \tregulation of making of contracts on behalf of Union Parishads; (f) \tregulation of the execution of works by Union Parishads; (g) \tprescription of records, reports and returns to be maintained, prepared or published by Union Parishads; (h) \tappointment and terms and conditions of service of officers and employees of Union Parishads; (i) \tadministration, regulation, custody, investment and operation of Union Funds and special funds; (j) \tpreparation and sanction of budgets and all matters relating thereto; (k) \tmaintenance of accounts and their audit; (l) \tmatters relating to management, maintenance and alienation of property of Union Parishads; (m)\tpreparation, regulation, consolidation, sanction and implementation of development plans; (n) \tmanner in which the liabilities of officers and employees of Union Parishads and other persons for any loss, waste or misapplication of any money or property belonging to a Union Parishad may be determined; (o) \tregulation of assessment, collection and administration of taxes, rates and fees and all matters relating thereto; (p) \tmanner in which, and the authorities to whom, appeal shall lie against the orders of Union Parishads; (q) \tmanner in which Union Parishads shall be inspected, and the powers of inspecting officials; and (r) \tany other matter required under any of the provisions of this Ordinance to be prescribed or determined by rules.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 87
},
{
"act_id": 652,
"details": "84. A Union Parishad may make regulations to provide for all or any of the following matters, namely:- (a)\tconduct of business of the Union Parishad; (b)\tprescription of quorum; (c) \tasking of questions; (d) \trequisitioning of meetings; (e) \trecording of minutes; (f) \texecution of resolutions; 88(g) \tmatters relating to Standing Committees and conduct of their business; (h) \tcustody and use of the common seal; (i) \tdelegation of powers of the Chairman to any member or officer or employee of the Union Parishad; (j) \torganisation of the office of the Union Parishad into departments and branches and definition of the duties of such departments and branches; (k) \tregistration of births and deaths; (l) \tregistration of the sale of cattle and animals; (m) \tregulation and management of common property; (n) \tregulation of burning and burial grounds; (o) \tprevention and control of infectious diseases; (p) \tprevention of encroachments; (q) \tmanagement and regulation of cattle pounds; (r) \tany other matter of procedural nature or required under any of the provisions of this Ordinance to be determined by regulations.",
"name": "Power to make regulations",
"related_acts": "",
"section_id": 88
},
{
"act_id": 652,
"details": "85. (1) All rules shall be notified in the official Gazette, and all regulations shall be published in such manner as in the opinion of the Union Parishad making them be best adapted for informing the residents of the union concerned. (2) All regulations made by a Union Parishad shall be subject to the approval of the Deputy Commissioner. (3) The Government may frame model regulations and in framing their regulations, the Union Parishads shall be guided by such model regulations. (4) Copies of rules and regulations pertaining to a Union Parishad shall be kept available at the office of the Union Parishad concerned for inspection and sale. (5) All rules and regulations when duly made shall be deemed to form parts of this Ordinance, and shall have effect accordingly.",
"name": "General provisions relating to rules, etc.",
"related_acts": "",
"section_id": 89
},
{
"act_id": 652,
"details": "86. Where this Ordinance makes any provision for anything to be done but no provision, or no sufficient provision has been made as respects the authority by whom, or the manner in which, it shall be done, then, it shall be done by such authority and in such manner as may be prescribed.",
"name": "Certain matters to be prescribed",
"related_acts": "",
"section_id": 90
},
{
"act_id": 652,
"details": "87. For the purpose of first general elections to Union Parishads under this Ordinance, all the unions in existence immediately before the commencement of this Ordinance shall, unless the Government otherwise directs, be deemed to be unions declared under section 3; and all the wards within the said union shall be deemed to be wards thereof delimited under sections 18, 19 and 20.",
"name": "Unions and wards for first elections",
"related_acts": "",
"section_id": 91
},
{
"act_id": 652,
"details": "88. (1) On the coming into force of this Ordinance, the Local Government Ordinance, 1976 (XC of 1976), hereafter referred to as the said Ordinance, shall, in its application to the Union Parishads, stand repealed. (2) Upon the repeal of the said Ordinance,- (a) \tnotwithstanding anything contained in this Ordinance, until the Union Parishads are constituted under this Ordinance, the Union Parishads, functioning immediately before such repeal, shall discharge the functions of, and be deemed to be, the Union Parishads constituted under this Ordinance; (b) \tall rules, regulations or orders made, notifications or notices issued, or licences or permissions granted under the said Ordinance and in force immediately before such repeal, shall, in so far as they are not inconsistent with the provisions of this Ordinance, continue in force and be deemed to have been respectively made, issued or granted under the provisions of this Ordinance until they are repealed or amended under the said provisions; (c) \tall assets, rights, powers, authorities and privileges, and all property, movable and immovable, cash and bank balances, funds, investments and all other rights and interests in, or arising out of, such property of the Union Parishads, functioning immediately before such repeal, shall stand transferred to and vest in the successor Union Parishads constituted under this Ordinance; (d) \tall debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the Union Parishads, functioning immediately before such repeal, shall be deemed to have been incurred, entered into or engaged to be done by, with or for the successor Union Parishads constituted under this Ordinance; (e) \tall budget estimates, assessments, valuation or plans made by the Union Parishads, functioning immediately before such repeal shall, in so far as they are not inconsistent with the provisions of this Ordinance, continue in force and be deemed to have been made under the provisions of this Ordinance by the successor Union Parishads constituted under this Ordinance until they are amended or superseded under the said provisions; (f) \tall taxes, rates, fees and sums of money due to the Union Parishads, functioning immediately before such repeal, shall be deemed to be due to the successor Union Parishads constituted under this Ordinance; (g) \tall taxes, rates, fees and other charges levied by the Union Parishads, functioning immediately before such repeal, shall, until they are varied by the successor Union Parishads constituted under this Ordinance continue to be levied at the same rate at which they were levied by them immediately before such repeal; (h) \tall officers and employees of the Union Parishads, functioning immediately before such repeal, shall stand transferred to and become officers or employees of the successor Union Parishads constituted under this Ordinance and shall hold office or service in the successor Union Parishads on the same terms and conditions as were enjoyed by them immediately before such repeal and shall continue to do so until such terms and conditions are duly altered; (i) \tall suits, prosecutions and other legal proceedings instituted by or against the Union Parishads, functioning immediately before such repeal, shall be deemed to be suits, prosecutions and proceedings by or against the successor Union Parishads constituted under this Ordinance, and shall be proceeded or otherwise dealt with accordingly.",
"name": "Repeals and savings",
"related_acts": "",
"section_id": 92
},
{
"act_id": 652,
"details": "89. If any difficulty arises in giving effect to the provisions of this Ordinance, the Government may, by order, do anything which appears to it to be necessary for the purpose of removing the difficulty: Provided that no such order shall be made after the expiration of two years from the coming into force of this Ordinance.",
"name": "Removal of difficulties",
"related_acts": "",
"section_id": 93
}
],
"text": "An Ordinance to provide for the constitution of Union Parishads for the unions in rural areas. WHEREAS it is expedient to provide for the constitution of Union Parishads for the unions in rural areas and for matters incidental or ancillary thereto; NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the Chief Martial Law Administrator is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 653,
"lower_text": [
"1 Clauses (b) and (bb) were substituted for former clause (b) by section 2 of the Bangladesh Jatiya Jadughar (Amendment) Act, 1988 (Act No. XIII of 1988)",
"2 Clause (e) was substituted by section 2 of the Bangladesh Jatiya Jadughar (Amendment) Act, 1988 (Act No. XIII of 1988)",
"3 The word “and” was omitted by section 2 of the Bangladesh Jatiya Jadughar (Amendment) Act, 1988 (Act No. XIII of 1988)",
"4 Clause (gg) was inserted by section 2 of the Bangladesh Jatiya Jadughar (Amendment) Act, 1988 (Act No. XIII of 1988)",
"5 Section 15A was inserted by section 2 of the Bangladesh Jatiya Jadughar (Amendment) Ordinance, 1985 (Ordinance No. VII of 1985)",
"6 The commas and the words “, with the prior approval of the Government,” were inserted by section 3 of the Bangladesh Jatiya Jadughar (Amendment) Ordinance, 1985 (Ordinance No. VII of 1985)"
],
"name": "The Bangladesh Jatiya Jadughar Ordinance, 1983",
"num_of_sections": 22,
"published_date": "20th September, 1983",
"related_act": [
653
],
"repelled": true,
"sections": [
{
"act_id": 653,
"details": "1. This Ordinance may be called the Bangladesh Jatiya Jadughar Ordinance, 1983.",
"name": "Short title",
"related_acts": "653",
"section_id": 1
},
{
"act_id": 653,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a) \t“antiquity” means- (i) \tany ancient movable product of human activity illustrative of art, architecture, craft, custom, literature, morals, politics, religions, warfare, science or of any aspect of civilisation or of culture; (ii) \tany ancient movable object of historical, ethnological, anthropological, biological, geological, military or scientific interest; (iii) any gate, door, window, panelling dados, ceiling, inscription, wall-painting, wood work, iron work, or sculpture or other thing which is attached or fastened to an immovable antiquity; and (iv) \tany other ancient object or class of such objects declared by the Government, by notification in the official Gazette, to be an antiquity for the purposes of this Ordinance; (b) \t“Board” means the Board of Trustees of the Jadughar; (c) \t“Jadughar” means the Bangladesh Jatiya Jadughar established under section 3; (d) \t“Mahaparichalak” means the Mahaparichalak appointed under section 11; (e) \t“prescribed” means prescribed by rules or regulations made under this Ordinance; (f) \t“Sabhapati” means the Sabhapati of the Board; (g) \t“Sachib” means the Sachib of the Jadughar appointed under section 12; and (h) \t“Trustee” means a Trustee of the Board.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 653,
"details": "3. (1) On the commencement of this Ordinance, there shall be established a National Museum to be called the Bangladesh Jatiya Jadughar. (2) The Jadughar shall be a body corporate, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and shall by the said name sue and be sued.",
"name": "Establishment of Jadughar",
"related_acts": "",
"section_id": 3
},
{
"act_id": 653,
"details": "4. The General direction and administration of the affairs of the Jadughar shall vest in a Board of Trustees which may exercise all powers and do all acts or things which may be exercised or done by the Jadughar.",
"name": "General direction",
"related_acts": "",
"section_id": 4
},
{
"act_id": 653,
"details": "5. The President shall be the Patron-in-Chief of the Jadughar.",
"name": "Patron-in-Chief",
"related_acts": "",
"section_id": 5
},
{
"act_id": 653,
"details": "6. The Board shall consist of the following Trustees, namely:- (a)\tan eminent person from the field of education or culture to be appointed by the Government, who shall also be the Sabhapati of the Board; 1(b) \tthe Secretary of the Ministry or Division dealing with finance, ex-officio, or any officer thereof not below the rank of Deputy Secretary to be nominated by it; (bb) the Secretary of the Ministry or Division dealing with cultural affairs, ex-officio, or any officer thereof not below the rank of Deputy Secretary to be nominated by it; (c) \ttwo professors of Universities of Bangladesh, one from the subjects of humanities and the other from the subjects of science, to be appointed by the Government; (d) \tthe Mahaparichalak of the Jadughar, who shall also act, as Secretary of the Board; 2(e) \tthe Director, Directorate of Archives and Libraries, ex-officio; (f) \tthe Director, Department of Archaeology, ex-officio; (g) \tthe Principal, Bangladesh College of Arts and Crafts, Dhaka, ex-officio; 3* * * 4(gg) a representative of the Asiatic Society of Bangladesh, Dhaka, to be appointed by the Government; (h) \tfive persons to be appointed by the Government from amongst the donors of antiquities and works of arts, and from amongst persons interested in arts, antiquities and museum activities.",
"name": "Board",
"related_acts": "",
"section_id": 6
},
{
"act_id": 653,
"details": "7. (1) A Trustee, other than an ex-officio Trustee, shall hold office for a period of three years from the date of his appointment and shall be eligible for reappointment. (2) A Trustee, other than an ex-officio Trustee may, at any time, resign his office by a letter addressed to the Sabhapati. (3) No act or proceedings of the Board shall be invalid merely on the ground of the existence of a vacancy in, or defect in the constitution of, the Board.",
"name": "Terms of office of Trustees, etc.",
"related_acts": "",
"section_id": 7
},
{
"act_id": 653,
"details": "8. The functions of the Board shall be- (a) \tto administer and develop the Jadughar; (b) \tto collect, preserve and display the antiquities, works of art, ethnological specimens, relics connected with the liberation struggle of Bangladesh, specimens of flora and fauna, traditional crafts and artifacts, products of intellectual activities, audio-visual documentary evidence, and such other objects and items related to the cultural and natural heritage of Bangladesh; (c) \tto collect, preserve and display material evidence of different aspects of various world civilisations; (d) \tto make arrangements for research on the collections of the Jadughar; (e) \tto publish and sell periodicals, books, anthologies and reproductions of objects; (f) \tto organise exhibitions, conferences, lectures, seminars and assemblies on the cultural and natural heritage of Bangladesh; (g)\tto organise, with prior approval of the Government, exhibitions outside the country in order to project cultural and natural heritage of Bangladesh; (h)\tto assist, encourage and promote development of other museums in Bangladesh; (i) \tto take over and administer a museum on such terms or conditions as may be agreed upon between the Board and the museum committee concerned; (j) \tto take over and administer any museum established by the Government, or execute any scheme or project prepared by the Government, if so directed by the Government, on such terms and conditions as may be agreed upon between the Board and the Government; (k) \tto engage individuals or organisations of specific work for the Jadughar and to pay remuneration for the same; (l) \tto register, organise, administer, regulate and supervise the movable antiquities in Bangladesh, other than those belonging to the Department of Archaeology, in such manner as may be determined by the Board; (m) \tto assist individuals, institutions and authorities engaged in educational activities for the understanding of cultural and natural heritage of Bangladesh; (n) \tto organise training courses and award certificates in art-history and museology independently or in collaboration with any other organisation; and (o) \tto do such other things ancillary or incidental to any of the aforesaid functions.",
"name": "Functions of the Board",
"related_acts": "",
"section_id": 8
},
{
"act_id": 653,
"details": "9. The Board may sell or otherwise dispose of any object of the Jadughar if the object is a duplicate of another such object, or if the object is, in the opinion of the Board, unfit to be retained in the Jadughar: Provided that if the object is a gift, bequest or donation of a foreign Government or a foreign national, prior approval of the Government shall be obtained for its sale or otherwise disposal.",
"name": "Power to dispose of object of the Jadughar",
"related_acts": "",
"section_id": 9
},
{
"act_id": 653,
"details": "10. The Jadughar shall have such Division, Departments or Sections as may be prescribed for carrying out the purposes of this Ordinance.",
"name": "Division, etc., of Jadughar",
"related_acts": "",
"section_id": 10
},
{
"act_id": 653,
"details": "11. (1) There shall be a Mahaparichalak of the Jadughar who shall be appointed by the Government and who shall hold office on such terms and conditions as the Government may determine. (2) The Mahaparichalak shall be the chief executive of the Jadughar and shall be responsible for carrying out the decisions of the Board and for the proper administration of the affairs of the Jadughar. (3) The Mahaparichalak shall exercise such powers and perform such functions as may be prescribed or assigned to him by the Board. (4) If a vacancy occurs in the office of the Mahaparichalak or if the Mahaparichalak is unable to discharge the functions of his office on account of absence, illness or any other cause, those functions shall be performed by such persons as may be prescribed.",
"name": "Mahaparichalak",
"related_acts": "",
"section_id": 11
},
{
"act_id": 653,
"details": "12. There shall be a Sachib to the Jadughar who shall be appointed by the Government on such terms and conditions as may be determined by it.",
"name": "Sachib",
"related_acts": "",
"section_id": 12
},
{
"act_id": 653,
"details": "13. The Board may appoint such officers and other employees as it considers necessary for the efficient administration of the Jadughar on such terms and conditions as may be prescribed.",
"name": "Appointment of officers, etc.",
"related_acts": "",
"section_id": 13
},
{
"act_id": 653,
"details": "14. (1) The Board shall meet at least once in four months on a date to be fixed by the Mahaparichalak in consultation with the Sabhapati. (2) The Sabhapati may, whenever he thinks fit, and shall, upon the written request of not less than six Trustees, call special meetings. (3) Five Trustees shall form a quorum. (4) All meetings of the Board shall be presided over by the Sabhapati and, in his absence, by a Trustee elected for the purpose by the Trustees present. (5) Each Trustee shall have one vote and in the event of equality of votes, the Trustee presiding shall have a casting or second vote. (6) Proceedings of the meeting of the Board shall be recorded and circulated to the Trustees and submitted for confirmation at the next meeting of the Board.",
"name": "Meeting of the Board",
"related_acts": "",
"section_id": 14
},
{
"act_id": 653,
"details": "515A. The Board shall, by such date as may be prescribed, submit to the Government for approval a statement to be called the annual budget statement for each financial year showing the estimated receipts and expenditure and the sum which are likely to be required from the Government during that financial year.",
"name": "Annual Budget Statement",
"related_acts": "",
"section_id": 15
},
{
"act_id": 653,
"details": "15. (1) The funds of the Board shall comprise- (a) \tfunds of the Dhaka Museum Board of Trustees which stand transferred to the Board under section 18; (b) \tgrants from the Government; (c) \tgrants from the local authorities; (d) \tsale-proceeds and royalties accruing from the publications and re-productions made by the Board; and (e) \treceipts from such other sources as may be approved by the Board. (2) The funds of the Board shall be kept in a scheduled bank approved by the Board.",
"name": "Funds of the Board",
"related_acts": "",
"section_id": 16
},
{
"act_id": 653,
"details": "16. (1) The Board shall keep accounts of all moneys received and expended by it. (2) The accounts of the Board shall be audited by the Comptroller and Auditor-General of Bangladesh in such manner as he deems fit. (3) The audit report, together with the statement of accounts audited, shall be furnished by the Board to the Government.",
"name": "Audit and accounts",
"related_acts": "",
"section_id": 17
},
{
"act_id": 653,
"details": "17. (1) The Board shall, as soon as possible after the end of every financial year, submit to the Government an annual report on the conduct of its affairs for that year. (2) The Government may require the Board to furnish any report, return, statement, estimate, statistics or other information regarding any matter under the control of the Board, and the Board shall comply with every such requisition.",
"name": "Submission of annual reports, etc.",
"related_acts": "",
"section_id": 18
},
{
"act_id": 653,
"details": "18. (1) On the commencement of this Ordinance, the Dacca Museum (Board of Trustees) Ordinance, 1970 (E.P. Ord. X of 1970), hereinafter referred to as the said Ordinance, shall stand repealed. (2) Upon repeal of the said Ordinance,- (a)\tthe Dhaka Museum Board of Trustees, hereinafter referred to as the said Board of Trustees, established under said Ordinance, shall stand dissolved; (b)\tall assets, rights, powers, authorities and privileges and all properties, movable or immovable, including antiquities, works of art, ethnological specimens, relics and other objects, lands, buildings, cash and bank-balances, reserve funds, investments and all other rights and interests in, or arising out of, such properties and all books of accounts, registers, records and all other documents of whatever nature relating thereto, of the said Board of Trustees shall stand transferred to, and vest in, the Board; (c)\tall debts, liabilities and obligations incurred, all contracts entered into and all matters and things engaged to be done by, with or for, the said Board of Trustees before the commencement of this Ordinance shall be deemed to have been incurred, entered into or engaged to be done by, with or for, the Board; (d)\tall suits and other legal proceedings instituted by or against the said Board of Trustees shall be deemed to have been instituted by or against the Board and may be continued or proceeded with accordingly; (e)\tall officers and other employees of the said Board of Trustees shall stand transferred to the Board and shall serve on the same terms and conditions as were applicable to them before their transfer. (3) Notwithstanding the dissolution of the said Board of Trustees, all rules and regulations made under the said Ordinance, shall, mutatis mutandis, and so far as they are not inconsistent with any provision of this Ordinance, continue in force until altered, repealed or amended by rules or regulations made under this Ordinance. (4) The Government may, for the purpose of removing any difficulty in relation to the transfer and other matter specified in sub-section (1), make such orders as it may consider expedient and any such order shall be deemed to be, and given effect to as, part of the provisions of this Ordinance.",
"name": "Repeal and savings, etc.",
"related_acts": "",
"section_id": 19
},
{
"act_id": 653,
"details": "19. No suit, prosecution or other legal proceedings shall lie against the Government or any person in respect of anything done or purporting to be done under this Ordinance or any order made thereunder for the purpose of giving effect to the provisions of this Ordinance.",
"name": "Indemnity",
"related_acts": "",
"section_id": 20
},
{
"act_id": 653,
"details": "20. The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 21
},
{
"act_id": 653,
"details": "21. The Board may 6, with the prior approval of the Government, make regulations, not inconsistent with this Ordinance or rules made thereunder, to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of the Ordinance.",
"name": "Power to make regulations",
"related_acts": "",
"section_id": 22
}
],
"text": "An Ordinance to provide for the establishment of the Bangladesh Jatiya Jadughar. WHEREAS, it is expedient to provide for the establishment of the Bangladesh Jatiya Jadughar and for matters ancillary thereto; NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the Chief Martial Law Administrator is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 655,
"lower_text": [],
"name": "The Chief Election Commissioner and Election Commissioners (Remuneration and Privileges) Ordinance, 1983",
"num_of_sections": 3,
"published_date": "29th September,1983",
"related_act": [
567,
655
],
"repelled": false,
"sections": [
{
"act_id": 655,
"details": "1. (1) This Ordinance may be called the Chief Election Commissioner and Election Commissioners (Remuneration and Privileges) Ordinance, 1983. (2) It shall be deemed to have taken effect on the 1st day of July, 1982.",
"name": "Short title and commencement",
"related_acts": "655",
"section_id": 1
},
{
"act_id": 655,
"details": "2. (1) There shall be paid per mensem- (a)\tto the Chief Election Commissioner such salary as is admissible to a Judge of the Appellate Division; and (b) \tto an Election Commissioner such salary as is admissible to a Judge of the High Court Division. (2) No income tax shall be payable in respect of salary payable to the Chief Election Commissioner or an Election Commissioner under sub section (1).",
"name": "Salary",
"related_acts": "",
"section_id": 2
},
{
"act_id": 655,
"details": "3. (1) The allowances and other privileges of the Election Commissioner shall be the same as are admissible to a Judge of the Supreme Court of Bangladesh under the Supreme Court Judges (Remuneration and Privileges) Ordinance, 1978 (XI of 1978). (2) The Election Commissioner shall be paid such travelling allowances as are admissible to a Judge of the Supreme Court of Bangladesh. (3) In this section, the term “Election Commissioner” includes the Chief Election Commissioner.",
"name": "Allowances and other privileges",
"related_acts": "567",
"section_id": 3
}
],
"text": "An Ordinance to provide for the remuneration and privileges of the Chief Election Commissioner and other Election Commissioners. WHEREAS it is expedient to provide for the remuneration and privileges of the Chief Election Commissioner and other Election Commissioners; NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982 and in exercise of all powers enabling him in that behalf, the Chief Martial Law Administrator is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 654,
"lower_text": [
"1 Clause (1a) was inserted by section 3 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"2 Clause (2a) was inserted by section 2 of the Motor Vehicles (Amendment) Act, 1990 (Act No. XIX of 1990)",
"3 The words “or a mini bus” were omitted by section 2 of the Motor Vehicles (Amendment) Act, 1990 (Act No. XIX of 1990)",
"4 Clause (15a) was inserted by section 2 of the Motor Vehicles (Amendment) Act, 1990 (Act No. XIX of 1990)",
"5 Clause (18) was substituted by section 3 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"6 The words “or a mini bus” were omitted by section 2 of the Motor Vehicles (Amendment) Act, 1990 (Act No. XIX of 1990)",
"7 Clause (22a) was inserted by section 2 of the Motor Vehicles (Amendment) Act, 1990 (Act No. XIX of 1990)",
"8 The word “thirty” was substituted for the word “sixteen” by section 2 of the Motor Vehicles (Amendment) Act, 1990 (Act No. XIX of 1990)",
"9 The comma and word “, mini bus” were omitted by section 2 of the Motor Vehicles (Amendment) Act, 1990 (Act No. XIX of 1990)",
"10 The word “thirty” was substituted for the word “sixteen” by section 2 of the Motor Vehicles (Amendment) Act, 1990 (Act No. XIX of 1990)",
"11 The word “regulations” was substituted for the word “rules” by section 3 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"12 Clause (47) was substituted by section 3 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"13 The words “or bus” were substituted for the commas and words “, mini bus, or an omni bus” by section 2 of the Motor Vehicles (Amendment) Act, 1990 (Act No. XIX of 1990)",
"14 The words “a bus” were substituted for the words “an omni bus” by section 2 of the Motor Vehicles (Amendment) Act, 1990 (Act No. XIX of 1990)",
"15 The semi-colon (;) was substituted for the full-stop (.) and thereafter clause (60) was added by section 2 of the Motor Vehicles (Amendment) Act, 1990 (Act No. XIX of 1990)",
"16 Chapter IA was inserted by section 4 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988).",
"17 The word “Authority” was substituted for the word “Government” by section 5 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"18 Section 4A was inserted by section 3 of the Motor Vehicles (Amendment) Act, 1990 (Act No. XIX of 1990)",
"19 The words “two hundred and fifty Taka” were substituted for the words “one hundred and fifty taka” by section 10 of Finance Act, 2009 (Act No. X of 2009) with effect from 1st July 2008.",
"20 The words “Authority may by regulations” were substituted for the words “Government may by rules” by section 6 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"21 The words “regulations made by the Authority” were substituted for the words “rules made by the Government” by section 7 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"22 The words “regulations made by the Authority” were substituted for the words “rules made by the Government” by section 7 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"23 The words “Authority may by regulations” were substituted for the words “Government may by rules” by section 7 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"24 The words “said Committee” were substituted for the words “said Authority” by section 7 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"25 The words “one hundred and fifty Taka” were substituted for the words “one hundred Taka” by section 11 of Finance Act, 2009 (Act No. X of 2009) with effect from 1st July 2008.",
"26 The words “two hundred Taka” were substituted for the words “one hundred and fifty Taka” by section 11 of Finance Act, 2009 (Act No. X of 2009) with effect from 1st July 2008.",
"27 The words “thirty five Taka” were substituted for the words “thirty taka” by section 11 of অর্থ আইন, ১৯৮৯ (১৯৮৯ সনের ৩৬ নং আইন)",
"28 The word “regulations” was substituted for the word “rules” by section 8 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988).",
"29 The words “Authority may make regulations” were substituted for the words “Government may make rules” by section 8 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"30 The words “such regulations” were substituted for the words “such rules” by section 8 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"31 The word “regulations” was substituted for the word “rule” by section 8 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"32 The word “Authority” was substituted for the word “Government” by section 9 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"33 The word “regulations” was substituted for the word “rules” by section 10 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"34 The word “regulations” was substituted for the word “rules” by section 11 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"35 The words “Authority may make regulations” were substituted for the words “Government may make rules” by section 11 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"36 The word “regulations” was substituted for the word “rules” by section 11 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"37 The words “or such other person as the Authority may specify in this behalf” were inserted by section 12 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"38 The word “regulations” was substituted for the word “rules” by section 12 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"39 The word “regulations” was substituted for the word “rules” by section 13 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"40 The words, brackets and letter “within thirty days of the report made under clause (b)” were substituted for the words “without any unnecessary delay” by section 4 of the Motor Vehicles (Amendment) Act, 1990 (Act No. XIX of 1990)",
"41 The words “notice in writing” were substituted for the word “notice” by section 5 of the Motor Vehicles (Amendment) Act, 1990 (Act No. XIX of 1990)",
"42 Sub-section (5) was substituted by section 5 of the Motor Vehicles (Amendment) Act, 1990 (Act No. XIX of 1990)",
"43 The word “regulations” was substituted for the word “rules” by section 15 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"44 The word “Authority” was substituted for the word “Government” by section 16 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"45 The word “Authority” was substituted for the word “Government” by section 17 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"46 The word “Authority” was substituted for the word “Government” by section 17 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"47 The word “Authority” was substituted for the word “Government” by section 17 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"48 The word “Authority” was substituted for the word “Government” by section 18 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"49 The word “regulations” was substituted for the word “rules” by section 18 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"50 The word “Authority” was substituted for the word “Government” by section 18 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"51 Sub-section (3) was substituted by section 2 of the Motor Vehicles (Amendment) Act, 1991 (Act No. VI of 1991)",
"52 The words “rules or regulations” were substituted for the word “rules” by section 18 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"53 The word “regulations” was substituted for the word “rules” by section 19 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"54 The words “Authority may make regulations” were substituted for the words “Government may make rules” by section 19 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"55 The words “such regulations” were substituted for the words “such rules” by section 19 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"56 The word “regulations” was substituted for the word “rules” by section 19 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"57 The word “Authority” was substituted for the word “Government” by section 20 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"58 The word “Authority” was substituted for the word “Government” by section 20 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"59 The words “Authority by regulations” were substituted for the words “Government by rules” by section 20 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"60 The word “Authority” was substituted for the words “Transport Authorities concerned” by section 21 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"61 The word “Authority” was substituted for the words “Bangladesh and Regional Transport Authorities” by section 21 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"62 Sections 53 and 54 were substituted by section 22 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"63 Sub-section (2) was substituted by section 7 of the Motor Vehicles (Amendment) Act, 1990 (Act No. XIX of 1990)",
"64 The word “shall” was substituted for the word “may” by section 8 of the Motor Vehicles (Amendment) Act, 1990 (Act No. XIX of 1990)",
"65 The words “Bangladesh Transport” were omitted by section 23 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"66 The words “Transport Vehicle” were substituted for the word “Bus” by section 9 of the Motor Vehicles (Amendment) Act, 1990 (Act No. XIX of 1990)",
"67 The words “transport vehicle terminal” were substituted for the words “bus terminal” by section 9 of the Motor Vehicles (Amendment) Act, 1990 (Act No. XIX of 1990)",
"68 The words “or in whose area the journey may commence or terminate” were inserted by section 3 of the Motor Vehicles (Amendment) Act, 1991 (Act No. VI of 1991)",
"69 The word “Authority” was substituted for the word “Government” by section 24 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"70 The words “made to it” were substituted for the words “made to Bangladesh Transport Authority” by section 24 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"71 The word “regulations” was substituted for the word “rules” by section 25 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"72 The word “Authority” was substituted for the word “Government” by section 25 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"73 Sub-section (9) was added by section 10 of the Motor Vehicles (Amendment) Act, 1990 (Act No. XIX of 1990)",
"74 Sub-section (2) was substituted by section 4 of the Motor Vehicles (Amendment) Act, 1991 (Act No. VI of 1991)",
"75 The word “and” was omitted by section 11 of the Motor Vehicles (Amendment) Act, 1990 (Act No. XIX of 1990)",
"76 The semi-colon (;) was substituted for the full-stop (.) and thereafter clauses (h) and (i) were inserted by section 11 of the Motor Vehicles (Amendment) Act, 1990 (Act No. XIX of 1990)",
"77 The words “Bangladesh Transport” were omitted by section 26 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"78 The word “regulations” was substituted for the word “rules” by section 26 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"79 The words “Bangladesh Transport” were omitted by section 26 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"80 Section 76A was inserted by section 12 of the Motor Vehicles (Amendment) Act, 1990 (Act No. XIX of 1990)",
"81 Clause (j) was substituted by section 27 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"82 Sub-section (2) was substituted by section 27 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"83 The words “by the Government” were omitted by section 29 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"84 The words “Taka seven thousand and five hundred” were substituted for the words “Taka fifteen thousand” by section 11 of অর্থ আইন, ১৯৮৯ (১৯৮৯ সনের ৩৬ নং আইন)",
"85 The words “Taka one thousand seven hundred and fifty” were substituted for the words “one thousand and five hundred taka” by section 11 of অর্থ আইন, ১৯৮৯ (১৯৮৯ সনের ৩৬ নং আইন)",
"86 The words “by the Government” were omitted by section 29 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"87 The word “regulations” was substituted for the word “rules” by section 30 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"88 The words “Authority may make regulations” were substituted for the words “Government may make rules” by section 30 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"89 The word “regulations” was substituted for the word “rules” by section 30 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"90 The word “regulations” was substituted for the word “rules” by section 31 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"91 The words “Authority may make regulations” were substituted for the words “Government may make rules” by section 31 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"92 The word “regulations” was substituted for the word “rules” by section 31 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"93 The words “Transport Committee” were substituted for the words “Regional and Bangladesh Transport Authorities” by section 31 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"94 The word “Committee” was substituted for the word “Authority” by section 31 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"95 The words “prescribed by the rules” were substituted for the word “prescribed” by section 32 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"96 The words “Transport Committees” were substituted for the words “Bangladesh or Regional Transport Authorities” by section 33 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"97 The words and commas “which shall, if found in order, be returned forthwith” were inserted by section 13 of the Motor Vehicles (Amendment) Act, 1990 (Act No. XIX of 1990)",
"98 Section 105 was substituted by section 14 of the Motor Vehicles (Amendment) Act, 1990 (Act No. XIX of 1990)",
"99 The words “prescribed by rules” were substituted for the word “prescribed” by section 34 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"100 The words “rules or regulations made thereunder” were substituted for the words “rule made thereunder by the Government” by section 35 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"101 The word “Authority” was substituted for the word “Government” by section 36 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"102 The words “as may be prescribed” were substituted for the words “as the Government may prescribe” by section 37 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"103 The word “Authority” was substituted for the word “Government” by section 38 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"104 The word “Authority” was substituted for the word “Government” by section 38 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"105 The word “Authority” was substituted for the word “Government” by section 38 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"106 The words “Authority may make regulations” were substituted for the words “Government may make rules” by section 39 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"107 The word “Authority” was substituted for the word “Government” by section 40 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"108 The words, comma and figures and brackets “Co operative Societies Ordinance, 1985 (I of 1985)” were substituted for the words, comma and figures and brackets “Co operative Societies Act, 1940 (Bengal Act XXI of 1940) ” by section 40 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"109 The words “prescribe by rules” were substituted for the word “prescribe” by section 40 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"110 The word “regulations” was substituted for the word “rules” by section 41 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"111 The word “regulations” was substituted for the word “rules” by section 41 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"112 The word “regulations” was substituted for the word “rules” by section 42 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"113 The words “Authority may make regulations” were substituted for the words “Government may make rules” by section 42 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"114 The word “regulations” was substituted for the word “rules” by section 42 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"115 Clause (h) was omitted by section 42 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"116 The words “rules or regulations” were substituted for the word “rules” by section 43 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"117 The words “two hundred” were substituted for the words “one thousand” by section 15 of the Motor Vehicles (Amendment) Act, 1990 (Act No. XIX of 1990)",
"118 The words “four hundred” were substituted for the words “two thousand” by section 15 of the Motor Vehicles (Amendment) Act, 1990 (Act No. XIX of 1990)",
"119 Section 138 was substituted by section 16 of the Motor Vehicles (Amendment) Act, 1990 (Act No. XIX of 1990)",
"120 The words “rules or regulations” were substituted for the word “rules” by section 43 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"121 The words “one hundred” were substituted for the words “five hundred” by section 17 of the Motor Vehicles (Amendment) Act, 1990 (Act No. XIX of 1990)",
"122 The words “one month” were substituted for the words “one year” by section 18 of the Motor Vehicles (Amendment) Act, 1990 (Act No. XIX of 1990)",
"123 The words “five hundred” were substituted for the words “three thousand” by section 18 of the Motor Vehicles (Amendment) Act, 1990 (Act No. XIX of 1990)",
"124 The words “two hundred” were substituted for the words “five hundred” by section 18 of the Motor Vehicles (Amendment) Act, 1990 (Act No. XIX of 1990)",
"125 The words “three months” were substituted for the words “two years” by section 19 of the Motor Vehicles (Amendment) Act, 1990 (Act No. XIX of 1990)",
"126 The words “five hundred” were substituted for the words “two thousand and fifty” by section 19 of the Motor Vehicles (Amendment) Act, 1990 (Act No. XIX of 1990)",
"127 The words “one month” were substituted for the words “one year” by section 19 of the Motor Vehicles (Amendment) Act, 1990 (Act No. XIX of 1990)",
"128 The words “two hundred” were substituted for the words “one thousand” by section 19 of the Motor Vehicles (Amendment) Act, 1990 (Act No. XIX of 1990)",
"129 The words “rules or regulations” were substituted for the word “rules” by section 43 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"130 Sub-sections (1) and (2) were substituted by section 20 of the Motor Vehicles (Amendment) Act, 1990 (Act No. XIX of 1990)",
"131 The words, brackets and figure “sub-section (1)” was substituted for the words, brackets, commas and figures “sub-sections (1), (2) and (3)” by section 20 of the Motor Vehicles (Amendment) Act, 1990 (Act No. XIX of 1990)",
"132 The words, brackets and figure “sub-section (2)” were substituted for the words, brackets and figure “sub-section (4)” by section 20 of the Motor Vehicles (Amendment) Act, 1990 (Act No. XIX of 1990)",
"133 The words “six months” were substituted for the words “one year” by section 21 of the Motor Vehicles (Amendment) Act, 1990 (Act No. XIX of 1990)",
"134 The words “five hundred” were substituted for the words “three thousand” by section 21 of the Motor Vehicles (Amendment) Act, 1990 (Act No. XIX of 1990)",
"135 The words “six months” were substituted for the words “two years” by section 21 of the Motor Vehicles (Amendment) Act, 1990 (Act No. XIX of 1990)",
"136 The words “one thousand” were substituted for the words “five thousand” by section 21 of the Motor Vehicles (Amendment) Act, 1990 (Act No. XIX of 1990)",
"137 The words “suspended for a period not exceeding one month” were substituted for the word “cancelled” by section 21 of the Motor Vehicles (Amendment) Act, 1990 (Act No. XIX of 1990).",
"138 Section 144 was substituted by section 22 of the Motor Vehicles (Amendment) Act, 1990 (Act No. XIX of 1990)",
"139 The words and commas “for a first offence with fine which may extend to five hundred taka and his driving licence shall be suspended for a specified period and for a subsequent offence with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred taka, or with both” were substituted for the words “with fine which may extend to one thousand taka and his driving licence shall be cancelled” by section 23 of the Motor Vehicles (Amendment) Act, 1990 (Act No. XIX of 1990)",
"140 The words “three months” were substituted for the words “six months” by section 24 of the Motor Vehicles (Amendment) Act, 1990 (Act No. XIX of 1990)",
"141 The words “five hundred” were substituted for the words “one thousand” by section 24 of the Motor Vehicles (Amendment) Act, 1990 (Act No. XIX of 1990)",
"142 The words “six months” were substituted for the words “one year” by section 24 of the Motor Vehicles (Amendment) Act, 1990 (Act No. XIX of 1990)",
"143 The words “one thousand” were substituted for the words “two thousand” by section 24 of the Motor Vehicles (Amendment) Act, 1990 (Act No. XIX of 1990)",
"144 The words “one month” were substituted for the words “one year” by section 25 of the Motor Vehicles (Amendment) Act, 1990 (Act No. XIX of 1990)",
"145 The words “five hundred” were substituted for the words “one thousand” by section 25 of the Motor Vehicles (Amendment) Act, 1990 (Act No. XIX of 1990)",
"146 The words “one month” were substituted for the words “one year” by section 25 of the Motor Vehicles (Amendment) Act, 1990 (Act No. XIX of 1990)",
"147 Section 149 was substituted by section 26 of the Motor Vehicles (Amendment) Act, 1990 (Act No. XIX of 1990)",
"148 The words “two hundred” were substituted for the words “five hundred” by section 27 of the Motor Vehicles (Amendment) Act, 1990 (Act No. XIX of 1990)",
"149 The words “Authority or any Inspector of Motor Vehicles or other persons authorised in this behalf by the Authority” were substituted for the words and comma “Government or the Director, Road Transport Maintenance or any Inspector of Motor Vehicles or other persons authorised in this behalf by the Government” by section 44 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"150 The words and commas were substituted for the words and commas “shall be punishable for a first offence with imprisonment for a term which may extend to one year or with fine which shall not be less than one thousand taka and not more than five thousand taka, or with both, and for any second or subsequent offence, with imprisonment for a term which may extend to two years, or with fine which shall not be less than two thousand five hundred taka and not more than five thousand taka, or with both” by section 28 of the Motor Vehicles (Amendment) Act, 1990 (Act No. XIX of 1990)",
"151 The word “regulations” was substituted for the word “rules” by section 45 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"152 The words “six months” were substituted for the words “two years” by section 29 of the Motor Vehicles (Amendment) Act, 1990 (Act No. XIX of 1990)",
"153 The words “or with fine which may extend to two thousand taka” were substituted for the words “or with fine which shall not be less than two thousand five hundred taka and not more than five thousand taka” by section 29 of the Motor Vehicles (Amendment) Act, 1990 (Act No. XIX of 1990)",
"154 Section 154 was substituted by section 30 of the Motor Vehicles (Amendment) Act, 1990 (Act No. XIX of 1990)",
"155 The words “fine which may extend to two thousand taka” were substituted for the words and commas “imprisonment which may extend to one year or with fine which may extend to two thousand taka, or with both” by section 31 of the Motor Vehicles (Amendment) Act, 1990 (Act No. XIX of 1990)",
"156 The words “three months” were substituted for the words “three years” by section 32 of the Motor Vehicles (Amendment) Act, 1990 (Act No. XIX of 1990)",
"157 The words “two thousand” were substituted for the words “five thousand” by section 32 of the Motor Vehicles (Amendment) Act, 1990 (Act No. XIX of 1990)",
"158 The words “five hundred” were substituted for the words “two thousand” by section 33 of the Motor Vehicles (Amendment) Act, 1990 (Act No. XIX of 1990)",
"159 The words “three months” were substituted for the words “one year” by section 34 of the Motor Vehicles (Amendment) Act, 1990 (Act No. XIX of 1990)",
"160 The words “one thousand” were substituted for the words “two thousand” by section 34 of the Motor Vehicles (Amendment) Act, 1990 (Act No. XIX of 1990)",
"161 The words “a police officer not below the rank of Sub-Inspector or Sergeant” were substituted for the words “a police officer authorised by the Authority by a notification issued in the official Gazette in this behalf” by section 35 of the Motor Vehicles (Amendment) Act, 1990 (Act No. XIX of 1990)",
"162 The word “Authority” was substituted for the word “Government” by section 46 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"163 The word “Authority” was substituted for the word “Government” by section 46 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"164 The words “not below the rank of Sub-Inspector or Sergeant” were inserted by section 36 of the Motor Vehicles (Amendment) Act, 1990 (Act No. XIX of 1990)",
"165 The word “Authority” was substituted for the word “Government” by section 46 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"166 The words “not below the rank of Sub-Inspector or Sergeant” were inserted by section 36 of the Motor Vehicles (Amendment) Act, 1990 (Act No. XIX of 1990)",
"167 The word “Authority” was substituted for the word “Government” by section 46 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"168 The word “Authority” was substituted for the word “Government” by section 46 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"169 The word “Authority” was substituted for the word “Government” by section 46 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"170 The word “Authority” was substituted for the word “Government” by section 46 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"171 The word “Authority” was substituted for the word “Government” by section 46 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"172 The words “or an officer of the Authority not below the rank of Assistant Director having jurisdiction over the area” were substituted for the words “or Director Road Transport Maintenance” by section 5 of the Motor Vehicles (Amendment) Act, 1991 (Act No. VI of 1991)",
"173 The word “Authority” was substituted for the word “Government” by section 46 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"174 The word “Authority” was substituted for the word “Government” by section 46 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"175 The words “Bangladesh Transport” were omitted by section 47 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"176 The words “Bangladesh Transport” were omitted by section 47 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"177 The words “rules or regulations” were substituted for the word “rules” by section 48 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"178 The words “regulation which the Authority” were substituted for the words “rule which the Government” by section 49 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"179 The word “regulation” was substituted for the word “rule” by section 49 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"180 The word “regulations” was substituted for the word “rule” by section 50 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"181 The words “Authority may make regulations” were substituted for the words “Government may make rules” by section 50 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"182 The word “regulations” was substituted for the word “rules” by section 51 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"183 The words “rules or regulations” were substituted for the word “rules” by section 51 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"184 The words “rules or regulations” were substituted for the word “rules” by section 51 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"185 Sub-section (3) was added by section 51 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)",
"186 Section 174 was substituted by section 52 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)"
],
"name": "The Motor Vehicles Ordinance, 1983",
"num_of_sections": 183,
"published_date": "22nd September, 1983",
"related_act": [
10,
138,
75,
654,
175,
311
],
"repelled": true,
"sections": [
{
"act_id": 654,
"details": "1. (1) This Ordinance may be called the Motor Vehicles Ordinance, 1983. (2) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint.",
"name": "Short title and commencement",
"related_acts": "654",
"section_id": 1
},
{
"act_id": 654,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (1) \t“assembler” in respect of a motor vehicle, means an authorised establishment of the maker or manufacturer where different parts of a motor vehicle are assembled together and where a particular brand of motor chassis is produced under the authority of the maker or manufacturer, whether a body has been fastened to the chassis or not and whether the establishment performs any other functions in favour of the maker or manufacturer or not; 1(1a)\t“Authority” means the Bangladesh Road Transport Authority established under section 2A; (2) \t“axle weight” means, in relation to an axle of a vehicle, the total weight transmitted by the several wheels attached to that axle to the surface whereon the vehicle rests; 2(2a) \t“bus” includes a mini-bus, microbus and an omni-bus; (3) \t“certificate of registration” means the certificate issued by a competent authority to the effect that a motor vehicle has been duly registered in accordance with the provisions of Chapter IV; (4) \t“conductor” in relation to a stage carriage or a contract carriage, means a person engaged in collecting fares from passengers, regulating their entrance into, or exit from, the stage carriage or contract carriage and performing such other functions as may be prescribed; (5) \t“conductor's licence” means the document issued by a competent authority under Chapter III authorising the person specified therein to act as a conductor; (6) \t“contract carriage” means a motor vehicle which carries a passenger or passengers for hire or reward under a contract expressed or implied for the use of the vehicle as a whole at or for a fixed or agreed rate or sum: (i)\ton a time basis whether or not with reference to any route or distances, or (ii)\tfrom one point to another, (iii) \tand in either case without stopping to pick up; or set down along the line of route passengers not included in the contract; and includes a motor cab notwithstanding that the passengers may pay separate fares; (7) \t“curb” includes the boundaries of the roadway whether marked by curb stone or not so marked; (8) \t“dealer”, in respect of a motor vehicle, means authorised agent or establishment of the maker or manufacturer or assembler that deals in motor vehicles or in their spare parts and also performs any other functions in favour of the maker or manufacturer or the assembler; (9) \t“driver” includes, where a separate person acts as steersman of a motor vehicle, that person as well as any other person engaged in the driving of the vehicle; (10) \t“driving licence” means the document issued by a competent authority, authorising the person specified therein to drive a motor vehicle or a motor vehicle of any specified class or description; (11) \t“express carriage” means a motor vehicle used for carrying or adapted for carrying passengers for hire or reward at separate fares where none of the fare shall be for less than twenty miles and where the vehicle shall not stop to pick up passengers at any stoppage less than twenty miles from the previous stoppage unless otherwise specified by the Transport Authority; (12) \t“fares” includes sums payable for a season ticket or in respect of the hire of a contract carriage; (13) \t“goods” includes live stock, and anything (other than equipment ordinarily used with the vehicle) carried by a vehicle except living persons, but does not include luggage or personal effects carried in a motor car or in a trailer attached to a motor car or the personal luggage of passengers travelling in the vehicle; (14) \t“goods vehicle” means any motor vehicle constructed or adapted for use for the carriage of goods, or any motor vehicle not so constructed or adapted when used for the carriage of goods solely or in addition to passengers; (15) \t“heavy motor vehicle” means a transport vehicle 3* * * registered laden weight of which, or a motor car, tractor, road roller or a locomotive the unladen weight of which, exceeds 14,500 pounds avoirdupois; 4(15a)\t“helper-cum-cleaner”, in relation to a transport vehicle, means a person engaged to assist the driver or the conductor in performing his functions and also to clean a motor vehicle; (16)\t“inter section” includes the area bounded by side line, real or projected, of two or more public roads which meet or cross each other; (17)\t“invalid carriage” means a motor vehicle the unladen weight of which does not exceed five hundred weights, specially designed and constructed, and not merely adapted, for the use of a person suffering from some physical defect or disability, and used solely by or for such a person; 5(18)\t“Licensing authority” means an officer or authority prescribed by regulations to grant licences under this Ordinance; (19) \t“light motor vehicle” means a transport vehicle 6* * * the registered laden weight of which, or a motor car or tractor the unladen weight of which, does not exceed 6,000 pounds avoirdupois; (20)\t“locomotive” means a motor vehicle which is itself not constructed to carry any load (other than equipment used for the purpose of propulsion), the unladen weight of which exceeds 16,000 pounds avoirdupois; but does not include a road roller; (21)\t“maker or manufacturer”, in respect of a motor vehicle, means an establishment where one or more major parts, or all parts are manufactured and where a complete chassis of a motor vehicle is produced in the name of a particular brand whether a body has been fastened to it or not and where the establishment reserves all rights of products; (22) \t“medium motor vehicle” means any motor vehicle other than a motor cycle, invalid carriage, light motor vehicle, heavy motor vehicle or a road roller; 7(22a)\t“micro-bus” means any motor vehicle constructed or adapted or used to carry not less than eight and not more than fifteen persons excluding the driver; (23)\t“mini bus” means any motor vehicle constructed or adapted or used to carry not more than 8thirty persons excluding the driver; (24)\t“motor cab” means any motor vehicle constructed, adapted or used to carry not more than six passengers excluding the driver, for hire or reward; (25)\t“motor car” means any motor vehicle other than a transport vehicle, locomotive, road roller, tractor, motor cycle 9* * * or invalid carriage; (26) “motor cycle” means a two wheeled motor vehicle, the unladen weight of which inclusive of the unladen weight of any detachable side car, having an extra wheel, attached to motor vehicle does not exceed 1,200 pounds avoirdupois; (27) “motor vehicle” means any mechanically propelled vehicle adapted for use upon roads whether the power of propulsion is transmitted thereto from an external or internal source and includes a chassis to which a body has not been attached and a trailer; but does not include a vehicle running upon fixed rails or used solely upon the premises of the owner; (28) \t“non professional driver” means a driver who drives a light motor vehicle otherwise than as a paid employee or drives a vehicle other than a transport vehicle; (29) “non professional driving licence” means a driving licence issued by a competent authority, authorising the person specified therein to drive a light motor vehicle otherwise than as a paid employee or to drive a vehicle other than a transport vehicle; (30) “omni bus” means any motor vehicle constructed, adapted or used to carry more than 10thirty persons excluding the driver; (31)\t“one way traffic” means a vehicular traffic restricted in one direction; (32) \t“owner” includes, where the person in possession of a motor vehicle is a minor, the guardian of such minor, and in relation to a motor vehicle which is the subject of a hire- purchase agreement, the person in possession of the vehicle under that agreement, and the person holding power of attorney; (33) \t“parking zone” means the places determined by the competent authority where motor vehicles may stand either indefinitely or for a specified period of time; (34) \t“pedestrian” means all persons making use of public road or highways for foot passage; (35) \t“pedestrian crossing” includes that portion of a public road clearly indicated for pedestrian crossing by appropriate marking and signs and the extension of the side walk space across the intersecting streets; (36) \t“permit” means a document issued by a Transport Committee authorising the use of a transport vehicle as an express carriage, or a contract carriage, or a stage carriage, or authorising the owner as a private carrier or public carrier to use such vehicle; (37) \t“prescribed” means prescribed by 11regulations made under this Ordinance; (38) \t“private carrier” means an owner of a transport vehicle other than a public carrier who uses that vehicle solely for the carriage of goods which are his property or the carriage of which is necessary for the purposes of his business not being a business of providing transport, or who uses the vehicle for any of the purposes specified in sub-section (2) of section 51; (39) \t“private service vehicle” means any motor vehicle constructed or adapted to carry more than eight persons excluding the driver and ordinarily used by, or on behalf of, the owner of such vehicle for the purpose of carrying persons in connection with his trade or business or otherwise than for hire or reward but does not include a motor vehicle used solely for the purposes of Government unconnected with any commercial enterprises; (40) \t“professional driver” means a driver who drives a transport vehicle or a heavy motor vehicle or a medium motor vehicle or drives any vehicles as a paid employee; (41) \t“professional driving licence” means a driving licence issued by a competent authority, authorising the person specified therein to drive a transport vehicle or a heavy motor vehicle or a medium motor vehicle or any vehicle as a paid employee; (42) \t“public carrier” means an owner of a transport vehicle who transports or undertakes to transport goods, or any class of goods, for another person at any time and in any public place for hire or reward, whether in pursuance of the terms of a contract or agreement or otherwise and includes any person, body, association or company engaged in the business of carrying the goods of persons associated with that person, body, association or company for the purpose of having their goods transported; (43) \t“public place” means a road, street, way or other place, whether a thoroughfare or not, to which the public have a right of access, and includes any place or stand at which passengers are picked up or set down by a stage carriage; (44) \t“public service vehicle” means any motor vehicle used or adapted to be used for the carriage of passengers for hire or reward, and includes a motor cab, contract carriage, express carriage, stage carriage and motor cab rickshaw; (45) \t“registered axle weight” in respect of the axle of any vehicle, means the axle weight certified and registered by the registering authority as permissible for the axle; (46) \t“registered laden weight” means in respect of any vehicle the total weight of the vehicle and load certified and registered by the registering authority as permissible for that vehicle; 12(47)\t“registering authority” means an officer or authority prescribed by regulations to register motor vehicles under Chapter IV; (48)\t“route” means a line of travel which specifies the highways, that may be traversed by a motor vehicle between one terminus and another; (49)\t“safety zone” means the area or space specially set apart within a roadway for the exclusive use of pedestrians and which is projected, or is so marked or indicated by adequate signs as to be plainly visible at all times; (50)\t“silence zone” means the area or locality so notified by the competent authority where the use of sound signals are strictly prohibited; (51)\t“stage carriage” means a motor vehicle carrying or adapted to carry more than six persons excluding the driver which carries passengers for hire or reward at separate fares paid by or for individual passengers, either for the whole journey or for stage of the journey; (52)\t“tractor” means a motor vehicle which is not itself constructed to carry any load (other than equipment used for the purpose of propulsion), but excludes a road roller; (53)\t“traffic signs” includes all signals, warning sign posts, direction posts or other devices for the information, guidance or direction of drivers of motor vehicles; (54)\t“trailer” means any vehicle other than a side car drawn or intended to be drawn by a motor vehicle; (55)\t“tourist vehicle” means a contract carriage, motor cab, motor car 13or bus constructed or adapted and equipped, maintained and operated in accordance with such specifications as the Government may, by notification in the official Gazette, specify in this behalf; or in relation to which a permit is granted to the effect that it is a tourist vehicle; (56)\t “Transport Committee” means any Transport Committee constituted under section 54; (57)\t“transport vehicle” means a public service vehicle, a private service vehicle, a tourist vehicle, a goods vehicle, 14a bus, a locomotive or a tractor other than a locomotive or a tractor used solely for agricultural purposes; (58)\t“unladen weight” means the weight of a vehicle, or a trailer including all equipment ordinarily used with the vehicle or trailer when working, but excluding the weight of a driver or attendant, and where alternative parts or bodies are used, the unladen weight of the vehicle means the weight of the vehicle with the heaviest such alternative part or body; (59)\t“weight” means the total weight transmitted for the time being by the wheels of a vehicle to the surface on which the vehicle rests 15; (60)\t“worker” means driver, conductor and helper-cum-cleaner.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 654,
"details": "2A. (1) There shall be established an Authority to be called the Bangladesh Road Transport Authority for carrying out the purposes of this Ordinance. (2) The authority shall consist of a Chairman and such number of other members, not exceeding eight, as may be appointed by the Government from time to time. (3) The Chairman shall be appointed by the Government from among persons in the service of the Republic not below the rank of Joint Secretary to the Government or an officer having pay scale equivalent to that of a Joint Secretary, to the Government. (4) The Chairman and other members shall hold office on such terms and conditions as the Government may determine. (5) The Chairman shall be the chief executive officer of the Authority. (6) The Chairman shall be a whole time officer of the Authority and shall exercise such powers and perform such functions as may be prescribed by rules or as may be assigned to him by the Government. (7) If a vacancy occurs in the office of the Chairman or if the Chairman is unable to discharge the functions of his office on account of absence, illness or any other cause, the Government shall make such arrangement for discharging the functions of the office of the Chairman as it may consider necessary.",
"name": "Bangladesh Road Transport Authority",
"related_acts": "",
"section_id": 3
},
{
"act_id": 654,
"details": "2B. (1) The meetings of the Authority shall be held at such times and places as may be prescribed by rules: Provided that, until so prescribed, such meetings shall be held at such times and places as may be determined by the Chairman. (2) To constitute a quorum at a meeting of the Authority, the number of members present shall be two, if the Authority consists of not more than three members, and three, if the authority consists of more than three members. (3) All meetings of the Authority shall be presided over by the Chairman and, in his absence, by a member authorised in writing by the Chairman in this behalf. (4) At a meeting of the Authority, each member shall have one vote and, in the event of equality of votes, the person presiding shall have a second or casting vote. (5) No act or proceeding of the Authority shall be invalid or be called in question on the ground of any vacancy in, or any defect in the constitution of, the Authority.",
"name": "Meetings of the Authority",
"related_acts": "",
"section_id": 4
},
{
"act_id": 654,
"details": "2C. (1) The Authority may, for the efficient performance of its functions, appoint such officers, including Inspectors of Motor Vehicles and other employees as it considers necessary. (2) The officers and other employees of the Authority shall be persons in the service of the Republic.",
"name": "Appointment of officers",
"related_acts": "",
"section_id": 5
},
{
"act_id": 654,
"details": "2D. The Government may make rules for the purposes of carrying into effect the provisions of this Chapter.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 6
},
{
"act_id": 654,
"details": "3. (1) No person shall drive a motor vehicle in any public place unless he holds an effective driving licence issued to himself authorising him to drive the vehicle; and no person shall so drive a motor vehicle as a paid employee or shall so drive a transport vehicle unless his driving licence specifically entitles him so to do. (2) The 17Authority may prescribe the conditions subject to which sub-section (1) shall not apply to a person receiving instruction in driving a motor vehicle.",
"name": "Necessity for driving licence",
"related_acts": "",
"section_id": 7
},
{
"act_id": 654,
"details": "4. (1) No person under the age of eighteen years shall drive a motor vehicle in any public place. (2) Subject to the provisions of section 15, no person under the age of twenty years shall drive any motor vehicle as a professional driver in any public place.",
"name": "Age limit in connection with driving of motor vehicles",
"related_acts": "",
"section_id": 8
},
{
"act_id": 654,
"details": "184A. (1) No owner of a transport vehicle shall employ any worker without giving such worker a letter of appointment in accordance with the provisions of the Road Transport Workers Ordinance, 1961 (XXVIII of 1961). (2) No worker shall work in a transport vehicle unless he holds a letter of appointment issued under sub-section (1).",
"name": "Appointment letter for worker",
"related_acts": "",
"section_id": 9
},
{
"act_id": 654,
"details": "5. No owner or person in charge of a motor vehicle shall cause or permit any person who does not satisfy the provisions of section 3 or section 4 to drive the vehicle.",
"name": "Responsibility of owners of motor vehicles for contraventions of sections 3 and 4",
"related_acts": "",
"section_id": 10
},
{
"act_id": 654,
"details": "6. (1) No person shall, while he holds any driving licence for the time being in force, hold any other driving licence except a driving licence issued in accordance with the provisions of section 15, or a document authorising, in accordance with the rules made under section 107, the person specified therein to drive a motor vehicle. (2) No holder of a driving licence shall permit it to be used by any other person. (3) Nothing in this section shall prevent a licensing authority having the jurisdiction referred to in sub section (1) of section 7 from granting a professional or a non professional driving licence if the person is found fit for the said driving licence or from adding to the classes of vehicles which the driving licence authorises the holder to drive.",
"name": "Restrictions on the holding of driving licences",
"related_acts": "",
"section_id": 11
},
{
"act_id": 654,
"details": "7. (1) Any person who is not disqualified under section 4 for driving a motor vehicle and who is not for the time being disqualified for holding or obtaining a driving licence may apply to the licensing authority having jurisdiction in the area in which he ordinarily resides or carries on business or in which the school or establishment where he is receiving or has received instruction in driving a motor vehicle is situated or, if the application is for a driving licence to drive as a paid employee, in which the employee resides or carries on business, for the issue to him of a driving licence. (2) Every application under sub section (1) for driving licence to drive a motor vehicle as a professional driver shall be in ÔÇÿForm A' and every application to drive a motor vehicle as a non professional driver shall be in ÔÇÿForm B' as set forth in the First Schedule, shall be signed by or bear the thumb impression of the applicant in two places and shall contain the information required by the form. (3) Every application for a driving licence shall be accompanied by a medical certificate in ÔÇÿForm C' as set forth in the First Schedule, signed by a registered medical practitioner. (4) Every application for a driving licence shall be accompanied by three clear copies of a recent photograph of the applicant. (5) If, from the application or from the medical certificate referred to in sub section (3), it appears that the applicant is suffering from any disease or disability specified in the Second Schedule or any other disease or disability which is likely to cause the driving by him of a motor vehicle of the class which he would be authorised by the driving licence applied for to drive to be a source of danger to the public or to the passengers, the licensing authority shall refuse to issue the driving licence: Provided that,- (a) \ta driving licence limited to driving an invalid carriage may be issued to the applicant, if the licensing authority is satisfied that he is fit to drive such a carriage; (b) \tthe applicant may, except where he suffers from a disease or disability specified in the Second Schedule, claim to be subjected to a test of his fitness or ability to drive a motor vehicle of a particular construction or design, and, if he passes such test to the satisfaction of the licensing authority and is not otherwise disqualified, the licensing authority shall grant him a driving licence to drive such motor vehicle as the licensing authority may specify in the driving licence. (6) No driving licence shall be issued to any applicant unless he passes to the satisfaction of the licensing authority the test of competence to drive specified in the Third Schedule: Provided that, where the application is for a non professional driving licence to drive a motor cycle or a motor car, the licensing authority shall exempt the applicant from Part I of the test specified in the Third Schedule if the licensing authority is satisfied:- (a) \tthat the applicant has previously held a driving licence and that the period between the date of expiry of that driving licence and the date of such application does not exceed three years; or (b) \tthat the applicant holds a valid driving licence issued by a competent authority of any country outside Bangladesh: Provided further that where the applicant, being a serving member of the armed forces of Bangladesh, is in possession of a valid army driving licence and has been actually driving one or more classes of motor vehicles for not less than three years immediately before the date of his application, the licensing authority shall, subject to the prescribed condition, exempt him from the test specified in the Third Schedule and issue to him a driving licence for class or classes of motor vehicles he has been so driving. (7) No applicant shall be entitled to appear in the test of competence to drive unless he holds a valid learner's driving licence authorising him to drive the vehicle of the type to which the application refers for not less than three months immediately before the date of the test or holds a valid driving licence issued by a competent authority. (8) The test of competence to drive shall be carried out in a vehicle of the type to which the application refers, and for the purpose of Part I of the test,┬¼- (a) \ta person who passes the test in driving a heavy motor vehicle shall be deemed also to have passed the test in driving any medium or light motor vehicle other than a motor cycle, motor cab rickshaw, road roller, tractor, locomotive, scraper, grader, crane or bulldozer; (b) \ta person who passes the test in driving a medium motor vehicle shall be deemed also to have passed the test in driving a light motor vehicle other than a motor cycle, motor cab rickshaw, road roller, tractor, locomotive, scraper, grader, crane or a bulldozer. (9) When an application has been duly made to the appropriate licensing authority and the applicant has satisfied such authority of his physical fitness and of his competence to drive and has paid to the authority a fee of 19two hundred and fifty Taka, the licensing authority shall grant the applicant a driving licence unless the applicant is disqualified under section 4 for driving a motor vehicle or is for the time being disqualified for holding or obtaining a driving licence: Provided that, a licensing authority may issue a driving licence not being a professional driving licence to drive a motor cycle or motor car notwithstanding that it is not the appropriate licensing authority, if the licensing authority is satisfied that there is good reason for the applicant's inability to apply to the appropriate licensing authority: Provided further that the licensing authority shall not issue a new driving licence to the applicant, if he had previously held a driving licence issued under this Ordinance, unless it is satisfied that there is good reason for his inability to obtain a duplicate copy of his former driving licence.",
"name": "Grant of driving licence",
"related_acts": "",
"section_id": 12
},
{
"act_id": 654,
"details": "8. (1) Every professional driving licence except a driving licence, issued under section 15, shall be in ÔÇÿForm D' and every non professional driving licence, except a driving licence issued under section 15, shall be in ÔÇÿForm E' as set forth in the First Schedule and that every driving licence shall have affixed thereto a signature or thumb impression of the applicant and a photograph referred to in sub section (4) of section 7. (2) The 20Authority may by regulations made under section 22 lay down the procedures for the granting of professional and non professional driving licence.",
"name": "Form and contents of driving licence",
"related_acts": "",
"section_id": 13
},
{
"act_id": 654,
"details": "9. (1) Any person holding a driving licence issued under this Chapter who is not for the time being disqualified for holding or obtaining a driving licence may apply in ÔÇÿForm F' as set forth in the First Schedule to the licensing authority having jurisdiction in the area in which he ordinarily resides, or carries on business or, if the application relates to a driving licence to drive as a paid employee, in which the employer resides or carries on business, for the addition of another class of motor vehicle to the driving licence. (2 ) The provisions of section 7, except sub sections (3) and (4) thereof, shall apply to an application under this section as if the application were for the grant of a driving licence under that section to drive the class of motor vehicle which the applicant desires to be added to his driving licence. (3) No fee other than a fee for the test of competence to drive and a fee equal to half of the fee provided under sub section (9) of section 7 shall be charged for an addition to a driving licence under this section.",
"name": "Addition to driving licence",
"related_acts": "",
"section_id": 14
},
{
"act_id": 654,
"details": "10. (1) Subject to any 21regulations made by the Authority under sub section (3), a driving licence issued under the foregoing sections shall be effective throughout Bangladesh. (2) Subject, in the case of international driving permits issued in pursuance of the International Convention relating to motor traffic concluded at Paris on the 24th day of April, 1926, or of any Convention modifying the same, to any 22regulations made by the Authority under section 107, a driving licence to drive a motor vehicle issued by a competent authority shall be valid throughout Bangladesh as if it were a driving licence issued under this Ordinance: Provided that, such holder of driving licence is not disqualified under any of the provisions of this Ordinance for holding or obtaining a driving licence in Bangladesh. (3) The 23Authority may by regulations made under section 22,- (a) \tprovide that a specification entitling the holder of a driving licence to drive a transport vehicle shall be made in the driving licence only by or under the authority of the Transport Committee constituted under Chapter V, (b) \tregulate the submission of applications for such driving licences to the 24said Committee, or (c) \trequire as a condition of its validity in Bangladesh that a driving licence entitling the holder to drive a transport vehicle shall be countersigned by a prescribed authority in Bangladesh.",
"name": "Extent of validity of driving licence",
"related_acts": "",
"section_id": 15
},
{
"act_id": 654,
"details": "11. A driving licence issued or renewed under this Ordinance, shall, subject to the provisions contained in this Ordinance as to the cancellation of driving licences and disqualification of holders of driving licences for holding or obtaining driving licences, be effective without renewal for a period of twelve months only from the date of issue of the driving licences or, as the case may be, from the date with effect from which the driving licences are renewed under section 12, and the driving licences shall he deemed to continue to be effective for a period of fifteen days after the date of its expiry: Provided that if the licensing authority has reasons to believe that the applicant has been employed abroad or has signed a contract for employment abroad, it may renew a professional driving licence for a period not exceeding three years at a time on payment of the fees specified under sub-section (4) of section 12 for each such year: Provided further that where the applicant so desires, a non professional driving licence may be renewed for a period of three years at a time on payment of fees provided under sub section (4) of section 12 for each such year subject to the condition that, on becoming unfit to drive by virtue of disease of disability, the holder shall surrender the driving licence within fifteen days, to the licensing authority within whose jurisdiction he resides or, to the licensing authority which issued it.",
"name": "Currency of driving licences",
"related_acts": "",
"section_id": 16
},
{
"act_id": 654,
"details": "12. (1) Any licensing authority may, on application made to it, renew a driving licence issued under the provisions of this Ordinance with effect from the date of its expiry: Provided that, in any case where the application for the renewal of a driving licence is made more than fifteen days after the date of expiry, the driving licence shall be renewed with effect from the date of its renewal: Provided further that every application for the renewal of professional licence shall be accompanied by a fresh medical certificate in ÔÇÿForm C' as set forth in the First Schedule signed by a registered medical practitioner and the provisions of sub section (5) of section 7 shall apply to every such case. (2) Every professional driving licence holder shall undergo and pass the test as set forth in the Third Schedule, on the expiry of every three years from the date of issue of the driving licence or, at the time of third renewal, whichever occurs earlier, and if he fails to pass the specified test, his driving licence shall be deemed to have been revoked. Such holder of driving licence shall, however, be entitled to appear in the test once after every three months till he passes the test, on payment of fee for each such test of competence to drive. (3) An application for the renewal of a driving licence shall be made in ÔÇÿForm G' as set forth in the First Schedule and shall contain the declaration required by that form: Provided that, where the applicant does not or is unable to subscribe to the said declaration the provisions of sub section (5) of section 7 shall apply. (4) Where an application for the renewal of a driving licence is made previous to, or not more than fifteen days after the date of its expiry, the fee payable for such renewal shall be 25one hundred and fifty Taka for each twelve months from the date of expiry. (5) Where an application for the renewal of a driving licence is made more than fifteen days after the date of its expiry, the fee payable for such renewal shall be 26two hundred Taka for each twelve months from the date of expiry: Provided that the fee referred to in sub section (4) may be the licensing authority, if it is satisfied that the applicant was prevented by good cause from applying within the time specified in that sub section: Provided further that if the application is made more than three years after the driving licence has ceased to be effective, the licensing authority may refuse to renew the driving licence, unless the applicant undergoes and passes to its satisfaction the test of competence to drive as set forth in the Third Schedule. (6) When the authority renewing the driving licence is not the authority which issued the driving licence, it shall intimate the fact of renewal to the authority which issued the driving licence.",
"name": "Renewal of driving licences",
"related_acts": "",
"section_id": 17
},
{
"act_id": 654,
"details": "13. Notwithstanding anything contained in the foregoing sections, any licensing authority or any other prescribed authority may at any time revoke a driving licence, or may require, as a condition of continuing to hold such driving licence, the holder thereof to furnish a fresh medical certificate in ÔÇÿForm C' as set forth in the First Schedule, signed as required by sub section (3) of section 7, if the licensing authority has reasonable grounds to believe that holder of the driving licence is, by virtue of any disease or disability, unfit to drive a motor vehicle; and where the authority revoking the driving licence is not the authority which issued the same, it shall intimate the fact of revocation to the authority which issued that driving licence.",
"name": "Revocation of driving licence on grounds of disease or disability",
"related_acts": "",
"section_id": 18
},
{
"act_id": 654,
"details": "14. (1) Where a licensing authority refuses to issue or renew or revokes any driving licence, or refuses to add a class of motor vehicle to any driving licence, or refuses to make a specification or countersignature such as is referred to in sub section (3) of section 10, it shall do so by an order communicated to the applicant or the holder, as the case may be, giving the reasons in writing for such refusal or revocation. (2) Any person aggrieved by an order made under sub section (1) may, within thirty days of the service on him of the order, appeal to the prescribed authority which shall decide the appeal after giving such person and the authority making the order an opportunity of being heard and the decision of the appellate authority shall be binding on the authority making the order. (3) The order of a licensing authority shall, unless the appellate authority, conditionally or unconditionally, direct otherwise, be in force pending the disposal of an appeal under sub section (2).",
"name": "Orders refusing or revoking driving licences and appeals therefrom",
"related_acts": "",
"section_id": 19
},
{
"act_id": 654,
"details": "15. (1) The authority specified in Part A of the Fourth Schedule may grant driving licences valid throughout Bangladesh, to persons who have completed their eighteen years of age, to drive motor vehicles which are the property of the Defence Services or, for the time being under the exclusive control of the Defence Services and are used solely for the purposes of the Defence Services unconnected with any commercial enterprises. (2) A driving licence issued under this section shall specify the class or classes of motor vehicle which the holder is entitled to drive and the period for which he is so entitled. (3) A driving licence issued under this section shall not entitle the holder to drive any motor vehicle except a motor vehicle which is the property or for the time being under the exclusive control of the Defence Services. (4) The authority issuing any driving licence under this section shall furnish such information respecting any person to whom a driving licence is issued as the Government may at any time require.",
"name": "Driving licences to drive motor vehicles, the property of the Defence Services",
"related_acts": "",
"section_id": 20
},
{
"act_id": 654,
"details": "16. (1) If a licensing authority is satisfied after giving him an opportunity of being heard that any person- (a) \tis a habitual criminal or a habitual drunkard, or (b) \tis using or has used a motor vehicle in the commission of a cognizable offence, or (c) \thas by his previous conduct as driver of a motor vehicle shown that his driving is likely to be attended with danger to the public, or (d) \thas committed an offence specified in the Fifth Schedule, it may, for reasons to be recorded in writing, make an order disqualifying that person for a specified period for holding or obtaining a driving licence. (2) Upon the issue of any such order, a person affected, if he is the holder of a driving licence, shall forthwith surrender his driving licence to the licensing authority making the order, if the driving licence has not already been surrendered, and the licensing authority shall- (a) \tif the driving licence is a driving licence issued under this Ordinance keep it until the disqualification has expired or has been removed, or (b) \tif it is not a driving licence issued under this Ordinance endorse the disqualification upon it and send it to the licensing authority by which it was issued. (3) Any person aggrieved by an order made by a licensing authority under this section may, within thirty days of the receipt of the order, appeal to the prescribed authority, and such appellate authority shall give notice to the licensing authority and hear either party if so required by that party and may make such inquiry into the matter as it thinks fit. An order made by any such appellate authority shall be final.",
"name": "Power of licensing authority to disqualify for holding a driving licence",
"related_acts": "",
"section_id": 21
},
{
"act_id": 654,
"details": "17. (1) Any Transport Committee constituted under Chapter V may, for reasons to be recorded in writing and subject to any prescribed conditions, declare any person disqualified, for a specified period, for holding or obtaining a driving licence to drive any transport vehicle or a transport vehicle of particular description in Bangladesh. (2) Any person aggrieved by an order of a Transport Committee made under sub section (1), may within thirty days of the receipt of intimation of such order appeal against the order to the prescribed authority.",
"name": "Power of Transport Committee to disqualify",
"related_acts": "",
"section_id": 22
},
{
"act_id": 654,
"details": "18. (1) Where a person is convicted of an offence under this Ordinance or of an offence in the commission of which a motor vehicle was used, the Court by which such person is convicted, may, subject to the provisions of this section, in addition to imposing any other punishment authorised by law, declare the person so convicted to be disqualified, for such period as the Court may specify, for holding any driving licence or for holding a driving licence to drive a particular class or description of vehicle. (2) A Court shall order the disqualification of an offender, convicted of an offence punishable under section 143, and such disqualification shall be for a period of not less than one year. (3) A Court shall order the disqualification of an offender, convicted of an offence against the provisions of clause (c) of sub section (1) of section 102 or of section 104, and such disqualification shall be for a period of not less than six months. (4) A Court shall, unless for special reasons to be recorded in writing it thinks fit to order otherwise, order the disqualification of an offender- (a) \twho having been convicted of an offence punishable under section 143 is again convicted of an offence punishable under that section; (b) \twho is convicted of an offence punishable under section 148, or (c) \twho is convicted of an offence punishable under section 152: Provided that, the period of disqualification shall not exceed, in the cases referred to in clauses (a) and (b), two years or, in the case referred to in clause (c), one year. (5) A Court ordering the disqualification of an offender convicted of an offence punishable under section 143 may direct that the offender shall, whether he has previously passed the test of competence to drive specified in the Third Schedule or not, remain disqualified until he has, subsequent to the making of the order of disqualification, passed that test to the satisfaction of the licensing authority. (6) The Court to which an appeal lies from any conviction of an offence of the nature specified in sub section (1) may set aside or vary any order of disqualification made by the Court below, and the Court to which appeals ordinarily lie from any Court, may set aside or vary any order of disqualification made by that Court, notwithstanding that no appeal lies against the conviction in connection with which such order was made.",
"name": "Power of Court to disqualify",
"related_acts": "",
"section_id": 23
},
{
"act_id": 654,
"details": "19. (1) A person of whom any disqualification order is made shall be debarred to the extent and for the period specified in such order from holding or obtaining a driving licence and the driving licence, if any, held by such person at the date of the order shall cease to be effective during such period. (2) The operation of a disqualification order made under section 18 shall not be suspended or postponed while an appeal is pending against such order or against the conviction as a result of which such order is made, unless the appellate Court so directs. (3) Any person, in respect of whom any disqualification order has been made, may, at any time after the expiry of six months from the date of the order, apply to the Court or other authority by which the order was made, to remove the disqualification; and the Court or authority, as the case may be, may, having regard to all the circumstances, either remove or vary the order of disqualification: Provided that where an application has been made under this section, a second application thereunder shall not be entertained before the expiry of a further period of three months.",
"name": "Effect of disqualification order",
"related_acts": "",
"section_id": 24
},
{
"act_id": 654,
"details": "20. (1) The Court or authority making an order of disqualification shall endorse or cause to be endorsed upon the driving licence, if any, held by the person disqualified, particulars of the order of disqualification and of any conviction of an ¬offence in respect of which an order of disqualification is made; and particulars of any removal or variation of an order of disqualification made under sub section (3) of section 19 shall be similarly so endorsed. (2) A Court by which any person is convicted of an offence specified in parts A and B of the Fifth Schedule shall, whether or not an order of disquali¬fication is made in respect of such conviction, endorse or cause to be endorsed, particulars of such conviction, on any driving licence held by the person convicted. (3) Any person accused of an offence specified in the Fifth Schedule shall, when attending the Court, bring with him his driving licence if it is in his possession.",
"name": "Endorsement",
"related_acts": "",
"section_id": 25
},
{
"act_id": 654,
"details": "21. (1) An endorsement on any driving licence shall be transferred to any new or duplicate driving licence obtained by the holder thereof until the holder becomes entitled under the provisions of this section to have a driving licence issued to him free from endorsement. (2) Where a driving licence is required to be endorsed and the driving licence is at the time not in the possession of the Court or authority by which the endorsement is to be made then- (a) \tif the person in respect of whom the endorsement is to be made is at the time the holder of a driving licence, he shall produce the driving licence to the Court or authority within five days, or such longer time as the Court or authority may fix, or (b) \tif, not being then the holder of a driving licence, he subsequently obtains a driving licence, he shall within five days after obtaining the driving licence produce it to the Court or authority; and if the driving licence is not produced within the time specified it shall on the expiration of such time be of no effect until it is produced for the purpose of endorsement. (3) A person whose driving licence has been endorsed shall, if during a continuous period of three years since the last endorsement was made no further order of endorsement has been made against him, be entitled on surrendering his driving licence and on payment of a fee of 27thirty five Taka to receive a new driving licence free from all endorsements. If the endorsement was only in respect of exceeding a speed limit, he shall be entitled to have a clean driving licence issued on the expiration of one year from the date of the order: Provided that in reckoning the said period of three years and one year, respectively, any period during which the said person was disqualified for holding or obtaining a driving licence shall be excluded. (4) When a driving licence is endorsed by or an order of endorsement is made by any Court, the Court shall send particulars of the endorsement or order, as the case may be, to the licensing authority by which the driving licence was last renewed and to the licensing authority which granted the driving licence. (5) Where the holder of a driving licence is disqualified by the order of any Court for holding or obtaining a driving licence, the Court shall take possession of the driving licence and forward it to the licensing authority by which it was granted or last renewed and that authority shall keep the driving licence until the disqualification has expired or has been removed and the person entitled to the licence has made a demand in writing for its return to him: Provided that, if the disqualification is limited to the driving of a motor vehicle of a particular class or description, the Court shall endorse the driving licence to this effect and shall send a copy of the order of disqualification to the licensing authority by which the driving licence was granted and shall return the driving licence to the holder. (6) Where, on an appeal against any conviction or order of a Court which has been endorsed on a driving licence, the appellate Court varies or sets aside the conviction or order, the appellate Court shall inform the licensing authority by which the driving licence was last renewed and the licensing authority which granted the driving licence, and shall amend or cause to be amended the endorsement of such conviction or order.",
"name": "Transfer of endorsement and issue of driving licence free from endorsement",
"related_acts": "",
"section_id": 26
},
{
"act_id": 654,
"details": "22. (1) The 29Authority may make regulations for the purpose of carrying into effect the provisions of this Chapter. (2) Without prejudice to the generality of the foregoing power, 30such regulations may provide for- (a) \tthe appointment, jurisdiction, control and functions of licensing authorities and their supervisory authorities and other prescribed authorities; (b) \tthe minimum qualification and the conduct of persons to whom driving licences to drive transport vehicles; (c) \tthe conduct and hearing of appeals that may be preferred under this Chapter, the fees to be paid in respect of such appeals and the refund of such fees: Provided that no fee so fixed shall exceed fifteen Taka; (d) \tthe issue of duplicate driving licences to replace driving licences lost, destroyed or mutilated, the replacement of photographs which have become obsolete and the issue of temporary driving licences to persons receiving instruction in driving or to persons whose driving licences have been surrendered, and the fees to be charged therefore; (e) \tthe conditions subject to which any Transport Committee or any other prescribed authority may disqualify a person for holding a driving licence or to drive a transport vehicle; (f) \tthe badges and uniform to be worn by drivers of transport vehicles and the fees to be paid in respect of badges and uniform; (g) \tthe medical examination and testing of applicants for driving licences and drivers and the fees to be charged therefore; (h) \tthe refund of fees paid under the provisions of this Chapter, the exemption of prescribed persons, or prescribed classes of persons from payment of all or any portion of the fees payable under this Chapter; (i) \tthe granting by registered medical practitioners of the certificates referred to in sub section (3) of section 7 ; (j) \tthe communication of particulars of driving licences granted by one licensing authority to other licensing authorities; (k) \tthe control of schools or establishments for the instructions of drivers of motor vehicles (including the registration of such schools or establishments) and the acceptance of driving certificates issued by such schools or establishments as qualifying the holder for exemption from Part I of the test specified in the Third Schedule; (l) \tthe exemptions of drivers of road rollers from all or any of the provisions of this Chapter or of the 31regulations made thereunder; and (m) \tany other matter which is to be or may be prescribed.",
"name": "Power to make regulations",
"related_acts": "",
"section_id": 27
},
{
"act_id": 654,
"details": "23. (1) No person shall act as a conductor of a stage carriage or contract carriage unless he holds an effective conductor's licence issued to him authorising him to act as such conductor; and no person shall employ or permit any person who is not so licensed to act as a conductor of a stage carriage or contract carriage. (2) The 32Authority may prescribe conditions subject to which sub section (1) shall not apply to a driver of a stage carriage or a contract carriage performing the functions of a conductor or to a person employed to act as a conductor on probation with a conductor's licence for a period not exceeding one month.",
"name": "Necessity for conductor’s licence",
"related_acts": "",
"section_id": 28
},
{
"act_id": 654,
"details": "24. (1) Any person who is not disquali¬fied under section 25 and who is not for the time being disqualified for holding or obtaining a conductor's licence may apply to the licensing authority having jurisdiction in the area, in which he ordinarily resides or carries on business, for the issuance to him of a conductor's licence. (2) Every application under sub section (1) shall be in such form as may be prescribed and be signed by, or bear the thumb impression of, the applicant in two places and shall contain the information required by the form. (3) Every application for a conductor's licence shall be accompanied by a medical certificate in such form as may be prescribed, signed by a registered medical practitioner and shall also be accompanied by three clear copies of recent photograph of the applicant. (4) A conductor's licence issued under this Chapter shall be in such form and contain such particulars as may be prescribed. (5) The fee for conductor's licence and for the renewal thereof shall be one-half of that for a driving licence. (6) No licensing authority shall issue a conductor's licence to the applicant if he previously held a conductor's licence issued under this Ordinance unless it is satisfied that there are good reasons for his inability to obtain a duplicate copy of his former conductor's licence.",
"name": "Grant of conductor’s licence",
"related_acts": "",
"section_id": 29
},
{
"act_id": 654,
"details": "25. (1) No person under the age of eighteen years shall hold, or be granted, a conductor's licence. (2) The licensing authority may refuse to grant a conductor's licence- (a) \tif the applicant does not possess the requisite qualifications; (b) \tif his knowledge of the provisions of the Ordinance and of the 33regulations and of the duties and powers of a conductor thereunder is inadequate to enable him to perform the duties of a conductor; (c) \tif the medical certificate produced by the applicant discloses that he is unfit to act as a conductor; (d) \tif any previous conductor's licence or driving licence held by the applicant was revoked; and (e) \tif the character or physique or conduct of the applicant is such as to render him an unsuitable person to hold a conductor's licence.",
"name": "Disqualification for the grant of conductor’s licence",
"related_acts": "",
"section_id": 30
},
{
"act_id": 654,
"details": "26. (1) A conductor's licence may at any time be revoked by any licensing authority or any Transport Committee constituted under Chapter V or any other prescribed authority:- (a) \tif the authority has reasonable grounds to believe that the holder of the conductor's licence is suffering from any disease or disability which is likely to render him unfit to hold such conductor's licence. (b) \tif the character or conduct of the person is such as to render him an unsuitable person to hold a conductor's licence. (2) Where the authority revoking a conductor's licence is not the authority which issued the same, it shall intimate the fact of revocation to the authority which issued that conductor's licence.",
"name": "Revocation of a conductor’s licence on ground of diseases or disability or misconduct",
"related_acts": "",
"section_id": 31
},
{
"act_id": 654,
"details": "27. (1) Where a licensing authority or other authority refuses to issue or renew, or revokes any conductor's licence, it shall do so by an order communicated to the applicant or the holder of conductor's licence, as the case may be, giving the reasons in writing for such refusal or revocation. (2) Any person aggrieved by an order made under sub section (1) may, within thirty days of the service on him of the order, appeal to the prescribed authority which shall decide the appeal after giving such person and the authority making the order an opportunity of being heard and the decision of the appellate authority shall be binding on the authority making the order.",
"name": "Order refusing, etc., conductor’s licence and appeals therefrom",
"related_acts": "",
"section_id": 32
},
{
"act_id": 654,
"details": "28. (1) If any licensing authority or any Transport Committee constituted under Chapter V or any other prescribed authority is of opinion that it is necessary to disqualify the holder of a conductor's licence for holding or obtaining such a conductor's licence on account of his conduct as a conductor, it may, for reasons to be recorded in writing, make an order disqualifying that person for a specified period for holding or obtaining a conductor's licence. (2) Upon the issue of any such order the holder of the conductor's licence shall forthwith surrender the licence to the authority making the order, if the conductor's licence has not already been surrendered, and the authority shall keep the conductor's licence until the disqualification has expired or has been removed. (3) Where the authority disqualifying the holder of a conductor's licence under this section is not the authority which issued the conductor's licence, it shall intimate the fact of such disqualification to the authority which issued the same. (4) Any person aggrieved by an order made under sub section (1) may, within thirty days of the service on him of the order, appeal to the prescribed authority which shall decide the appeal after giving such person and the authority making the order an opportunity of being heard and the decision of the appellate authority shall be binding on the authority making the order.",
"name": "Power of licensing authority and Transport Committee to disqualify",
"related_acts": "",
"section_id": 33
},
{
"act_id": 654,
"details": "29. (1) Where any person holding a conductor's licence is convicted of an offence under this Ordinance, the Court by which such person is convicted may, in addition to imposing any other punishment authorised by law, declare the person so convicted to be disqualified for such period, as the Court may specify, for holding a conductor's licence. (2) The Court, to which an appeal lies from any conviction of an offence of the nature specified in sub section (1), may set aside or vary any order of disqualification made by the Court below, may set aside or vary any order of disqualification made by that Court notwithstanding that no appeal lies against the conviction in connection with which such order was made.",
"name": "Power of the Court to disqualify",
"related_acts": "",
"section_id": 34
},
{
"act_id": 654,
"details": "30. The provisions of sub section (2) of section 6, sub section (1) of section 10, section 11, section 12 except sub section (2), section 19, sub section (1) of section 20 and section 21 shall, so far as may be, apply in relation to a conductor's licence, as they apply in relation to a professional driving licence.",
"name": "Certain provisions of Chapter II to apply to conductor’s licence",
"related_acts": "",
"section_id": 35
},
{
"act_id": 654,
"details": "31. (1) The 35Authority may make regulations for the purpose of carrying into effect the provisions of this Chapter. (2) Without generality of the foregoing power, such 36regulations may provide for,- (a) \tthe appointment, jurisdiction, control and functions of licensing authorities and their supervisory authorities and other prescribed authorities; (b) \tthe conditions subject to which drivers of stage carriages or contract carriages and persons temporarily employed (on probation) may be exempted from the provisions of this Chapter; (c) \tthe form of application for conductor's licence or for renewal of such conductor's licences and the particulars it may contain; (d) \tthe forms in which conductor's licence may be issued or renewed and the particulars it may contain; (e) \tthe minimum qualification of conductors, their duties and the conduct of persons to whom conductor's licence are issued; (f) \tthe issue of duplicate conductor's licence to replace licences lost, destroyed or mutilated, the replacement of photograph which have become obsolete and the fees to be charged therefore; (g) \tthe conduct and hearing of appeals that may be preferred under this Chapter, the fees to be paid in respect of such appeals and the refund of such fees; (h) \tthe badges and uniform to be worn by conductors of stage carriages or contract carriages and the fees to be paid in respect of such uniforms and badges; (i) \tthe granting by registered medical practitioners of the certificate referred to sub section (3) of section 24 and the form of such certificates; (j) \tthe communication of particulars of conductor's licence from one authority to other authorities; and (k) \tany other matter which is to be or may be prescribed.",
"name": "Power to make regulations",
"related_acts": "",
"section_id": 36
},
{
"act_id": 654,
"details": "32. No person shall drive any motor vehicle and no owner of a motor vehicle shall cause or permit the vehicle to be driven in any public place or in any other place for the purpose of carrying passengers or goods unless the vehicle is registered in accordance with this chapter and the certificate of registration of the vehicle has not been suspended or cancelled and the vehicle carries a registration mark displayed in the prescribed manner.",
"name": "Necessity for registration",
"related_acts": "",
"section_id": 37
},
{
"act_id": 654,
"details": "33. Subject to the provisions of section 35, section 36, and section 48, every owner of a motor vehicle shall cause the vehicle to be registered by the registering authority of the area where he permanently resides or has place of business where the vehicle is normally kept.",
"name": "Registration, where to be made",
"related_acts": "",
"section_id": 38
},
{
"act_id": 654,
"details": "34. (1) An application by or on behalf of the owner of a motor vehicle for registration shall be in ÔÇÿForm H' as set forth in the First Schedule, shall contain the information required by that form, and shall be accompanied by the prescribed fee: Provided that where a motor vehicle is jointly owned by more persons than one, the application shall be made by one of them on behalf of all the owners and such applicant shall be deemed to be owner of the motor vehicle for the purpose of this Ordinance. (2) The registering authority shall issue to the owners of a motor vehicle registered by it a certificate of registration in ÔÇÿForm I' as set forth in the First Schedule and shall enter in a record to be kept by it particulars of such certificate. (3) The registering authority shall assign to the vehicle for display thereon in prescribed manner, a distinguishing mark (in the Ordinance referred to as the registration mark) consisting of group of letters allotted to the district or area of the district concerned in the Sixth Schedule followed by a letter or letters denoting the class of the vehicle and a number consisting of not more than 4 digit.",
"name": "Registration, how to be made",
"related_acts": "",
"section_id": 39
},
{
"act_id": 654,
"details": "35. (1) Where an application for registration of a motor vehicle is made by, or on behalf of, any diplomatic officer or consular officer or any other privileged person, then, notwithstanding anything contained in this Chapter, the special registering authority appointed by the Government in this behalf shall register the vehicle in such manner and in accordance with such procedure as may be provided by rules made in this behalf under sub section (3) and shall assign to the vehicle for display thereon a special registration mark in accordance with the provisions contained in those rules and shall issue a certificate that the vehicle has been registered under this section; and the vehicle so registered shall not, so long it remains the property of any diplomatic officer or consular officer or any privileged person be required to be registered otherwise than under this Ordinance. (2) If any vehicle registered under this section ceases to be the property of any diplomatic officer or consular officer or any other privileged person, certificate of registration issued under this section shall also cease to be effective and the provision of section 33 shall thereupon apply. (3) The Government may make rules for the registration of motor vehicles belonging to diplomatic officers and consular officers and privileged persons regarding the procedure to be followed by the special registering authority for registering such vehicles, the form in which certificates of registration of such vehicles are to be issued, the manner in which certificates of registration are to be sent to the owners of the vehicles and the physical verifications are to be done and the special registration marks are to be assigned to such vehicles. Explanation. For the purposes of this section, “diplomatic officer”, “consular officers” or “privileged person” means any person who is recognised as such by the Government and if any question arises as to whether a person is or is not such an officer or person, the decision of the Government thereon shall be final.",
"name": "Registration of motor vehicles of diplomatic officers, etc.",
"related_acts": "",
"section_id": 40
},
{
"act_id": 654,
"details": "36. (1) Notwithstanding anything contained in section 33, the owner of a motor vehicle may apply to any registering authority or other prescribed authority to have the vehicle temporarily registered in the prescribed manner and for the issuance in the prescribed manner of a temporary certificate of registration and a temporary registration mark. (2) A registration made under this section shall be valid only for a period not exceeding one month, and shall not be renewable: Provided that where a motor vehicle so registered is a chassis to which body has not been attached and the same is detained in a workshop beyond the said period of one month for being fitted with a body, the period may, on payment of such fees, if any, as may be prescribed, be extended by such further period or periods so that the total period of such temporary registration may not exceed, in any case, four months.",
"name": "Temporary Registration",
"related_acts": "",
"section_id": 41
},
{
"act_id": 654,
"details": "37. The registering authority shall, before proceeding to register a motor vehicle, require the person applying for registration of the vehicle to produce the vehicle to the Inspector of Motor Vehicles 37or such other person as the Authority may specify in this behalf in order that the registering authority may satisfy itself that the particulars contained in the application are true and that the vehicle complies with the requirements of Chapter VI and of the 38regulations made thereunder and that the vehicle is not mechanically defective.",
"name": "Production of vehicle at time of registration",
"related_acts": "",
"section_id": 42
},
{
"act_id": 654,
"details": "38. The registering authority shall refuse to register any motor vehicle if the vehicle is mechanically defective or fails to comply with the requirements of Chapter VI or of the 39regulations made thereunder, or if the applicant fails to furnish particulars of any previous registration of the vehicle or the chassis identification number or furnishes inaccurate particulars in the application for registration of such vehicles, and shall furnish, the applicant whose vehicle is refused registration, with the reasons in writing for such refusal.",
"name": "Refusal of registration",
"related_acts": "",
"section_id": 43
},
{
"act_id": 654,
"details": "39. (1) If the owner of a motor vehicle ceases to reside or have his place of business at the address recorded in the certificate of registration of the vehicle, he shall, within thirty days of any such change of address, intimate his new address to the registering authority by which the certificate of registration was issued and to the authority by which the certificate of fitness was issued or last renewed, or, if the new address is within the jurisdiction of another registering authority, to that other registering authority, and shall at the same time forward the certificate of registration to the registering authority together with the prescribed fee in order that the new address may be entered therein. (2) A registering authority other than the original registering authority making any such entry shall communicate the altered address to the original registering authority and to the authority which may require to issue or renew the certificate of fitness. (3) Nothing in sub section (1) shall apply where the change of the address recorded in the certificate of registration is due to a temporary absence not intended to exceed three months in duration or where the motor vehicle is neither used nor removed from the address recorded in the certificate of registration.",
"name": "Change of residence or place of business",
"related_acts": "",
"section_id": 44
},
{
"act_id": 654,
"details": "40. (1) Where the ownership of any motor vehicle registered under this Chapter is transferred: (a) \tthe transferor shall, within fourteen days of the transfer, report the transfer, to the registering authorities within whose jurisdiction the transfer is effected and shall simultaneously send a copy of the said report to the transferee; (b) \tthe transferee shall, within thirty days of the transfer, report the transfer to the registering authority within whose jurisdiction he resides and shall forward the certificate of registration to that registering authority together with the prescribed fee and a copy of the report received by him from the transferor in order that particulars of the transfer of ownership may be entered in the certificate of registration; (c) \tthe registering authority shall cause physical verification of particulars by the authority specified under section 37, and, if satisfied to the genuineness of transfer, may enter the particulars of the transfer of ownership in the certificate of registration 40within thirty days of the report made under clause (b). (2) A registering authority other than the original registering authority making any such entry shall communicate the transfer of ownership to the original registering authority and, to the authority which may require to issue or renew the certificate of fitness.",
"name": "Transfer of ownership",
"related_acts": "",
"section_id": 45
},
{
"act_id": 654,
"details": "41. (1) Where an application for registration of a motor vehicle which is held under a hire-purchase agreement is made, the registering authority shall make an entry in the certificate of registration regarding the existence of the said agreement. (2) When the ownership of any motor vehicle registered under this Chapter is transferred and the transferee enters into a hire-purchase agreement with any person, the registering authority shall, on receipt of an application from the parties to that agreement, make an entry as to the existence of such hire-purchase agreement in the certificate of registration. (3) Any entry made under sub section (1) or sub section (2) may be cancelled by the registering authority on proof of termination of the hire-purchase agreement by the parties concerned. (4) No entry regarding the transfer of ownership of any motor vehicle which is held under a hire-purchase agreement shall be made in the certificate of registration except with the written consent of the person whose name has been specified in the certificate of registration as the person with whom the registered owner has entered into a hire-purchase agreement. (5) Where the person whose name has been specified in the certificate of registration as the person with whom the registered owner has entered into a hire-purchase agreement, satisfies the registering authority that he has taken possession of the vehicle owing to the default of the registered owner under the provisions of the agreement and that the registered owner refuses to deliver the certificate of registration or has absconded, such authority may, after giving the registered owner an opportunity to make such representation as he may wish to make (by sending to him a notice by registered post acknowledgement due at his address entered in the certificate of registration) and notwithstanding that the certificate of registration is not produced before it, cancel the certificate and issue a duplicate thereof to the person aforesaid. (6) The provisions of sub sections (1) to (5) shall, so far as may be, apply to a motor vehicle which is subject to hypothecation as they apply to any motor vehicle which is held under a hire- purchase agreement.",
"name": "Special provisions regarding motor vehicles subject to hire-purchase agreement",
"related_acts": "",
"section_id": 46
},
{
"act_id": 654,
"details": "42. (1) No owner of a motor vehicle shall so alter the vehicle that the particulars contained in the certificate of registration are no longer accurate, unless:- (a) \the has given 41notice in writing to the registering authority within whose jurisdiction he resides, of the alteration he proposes to make, and (b) \thas obtained the approval of the registering authority to make such alteration: Provided that it shall not be necessary to obtain such approval for making any change in the unladen weight of motor vehicle consequent on the addition or removal of fittings or accessories if such change does not exceed two per cent of the weight entered in the certificate of registration. (2) No alteration which is likely to affect the chassis identification number, chassis construction or the make and model of the vehicle or the maximum limits in laden weight certified by the manufacturer shall be allowed. (3) Any change where class of vehicle is effected shall be treated as new registration and the provisions of section 33 and section 34 shall thereupon apply. (4) Where a registering authority has received notice under sub section (1), it shall obtain the opinion of the concerned Inspector of Motor Vehicles on the proposed alteration and shall within fourteen days of the receipt of the notice communicate (by registered post acknowledgement due) to the owner of the vehicle its approval to the proposed alteration or otherwise. 42(5) Notwithstanding anything contained in sub-section (1), the authority may, by notification in the official Gazette, authorise, subject to such conditions as may be specified in the notification, the owner of more than one vehicle of the same make and specifications to alter any such vehicle so as to replace the engine thereof by an engine of same make and specifications without the approval of the registering authority. (6) Where any alteration has been made in a motor vehicle with the approval of the registering authority or by reasons of any change in its engine number without such approval under sub section (5), the owner of the vehicle shall, within fourteen days of the making of the alteration, report the alteration to the registering authority within whose jurisdiction he resides and shall forward the certificate of registration to that authority together with the prescribed fee in order that particulars of the alteration may be entered therein. (7) A registering authority other than the original registering authority making any such entry shall communicate details of the entry to the original registering authority and to the authority which issued or last renewed the certificate of fitness.",
"name": "Alteration in motor vehicle",
"related_acts": "",
"section_id": 47
},
{
"act_id": 654,
"details": "43. (1) If any registering authority or other prescribed authority has reason to believe that any motor vehicle within its jurisdiction,- (a) \tis in such condition that its use in a public place would constitute a danger to the public, or that it fails to comply with the requirements of Chapter VI or of the 43regulations made thereunder, or (b) \thas been or is being used, for hire or reward without a valid permit for being used as such, or has been or is being used without a valid certificate of fitness; the authority may, after giving the owner an opportunity of making any representation he may wish to make (by sending to the owner a notice by registered post acknowledgement due at his address entered in the certificate of registration) for reasons to be recorded in writing, suspend the certificate of registration of the vehicle - (i) in any case falling under clause (a), until the defects are remedied to its satisfaction; and (ii) in any case falling under clause (b), for a period not exceeding six months. (2) An authority other than a registering authority shall, when making a suspension order under sub section (1), intimate in writing the fact of suspension and the reasons therefore to the registering authority within whose jurisdiction the vehicle is at the time of the suspension. (3) Where the registration of a motor vehicle has been suspended under sub section (1) for a continuous period of not less than one month, the registering authority, within whose jurisdiction the vehicle was when the registration was suspended, shall, if it is not the original registering authority, inform that authority of the suspension; and when the suspension has continued without interruption for a period of not less than six months, the registering authority within whose jurisdiction, the vehicle was when the registration was suspended, may, if it is the original registering authority, cancel the registration, and if it is not the original registering authority, shall forward the certificate of registration to that authority which may cancel it forthwith. (4) The owner of a motor vehicle shall, on the demand of a registering authority or other prescribed authority which has suspended the certificate of registration of the vehicle under this section, surrender the certificate of registration and any token or card issued to authorise the use of vehicle in a public place. (5) A certificate of registration and any token or card surrendered under sub-section (4) shall be returned to the owner when the order suspending registration has been rescind and not before.",
"name": "Suspension of registration",
"related_acts": "",
"section_id": 48
},
{
"act_id": 654,
"details": "44. (1) If a motor vehicle has been destroyed or has been rendered permanently incapable of use, the owner shall, within fourteen days or as soon as may be, report the fact to the registering authority within whose jurisdiction he resides and shall forward to that autho┬¼rity the certificate of registration of the vehicle together with any token or card issued to authorise the use of the vehicle in a public place, and shall simultaneously send a copy of the report to the authority which issued or last renewed the certificate of fitness. (2) The registering authority shall, if it is the original registering authority, cancel the registration and the certificate of registration, or, if it is not, shall forward the report and the certificate of registration to the original registering authority and that authority shall cancel the registration and the certificate of registration. (3) Any registering authority may order the examination of a motor vehicle within its jurisdiction by such authority as the 44Authority may by order appoint and, if upon such examination and after giving the owner an opportunity to make any representation he may wish to make (by sending to the owner a notice by registered post acknowledgement due at the address entered in the certificate of registration) it is satisfied that the vehicle is in such a condition that it is incapable of being used or its use in a public place would constitute a danger to the public and that it is beyond reasonable repair, may cancel the registration of the vehicle. (4) If a registering authority is satisfied that a motor vehicle has been permanently removed out of Bangladesh, the registering authority shall cancel the registration. (5) A registering authority cancelling the registration of a motor vehicle under section 43 or under this section shall communicate the fact in writing to the owner of the vehicle and the owner of the vehicle shall forthwith surrender to that authority the certificate of registration of the vehicle and any token or card issued to authorise the use of the vehicle in a public place. (6) A registering authority making an order of cancellation under this section shall, if it is the original registering authority, cancel the certificate of registration and the entry relating to the vehicle in its records, and, if it is not the original registering authority, forward the certificate of registration to that authority, and that authority shall cancel the certificate of registration and the entry relating to the motor vehicle in its records. (7) The expression “original registering authority” in this section and in sections 39, 40 and 43 means the registering authority in whose records the registration of the vehicle is recorded.",
"name": "Cancellation of registration",
"related_acts": "",
"section_id": 49
},
{
"act_id": 654,
"details": "45. (1) Any owner of a motor vehicle aggrieved by an order of refusal under section 38 to register a motor vehicle or under sub section (1) of section 47 to issue a certificate of fitness or by an order of suspension or cancellation made under section 43 or 44 or by an order of cancellation under sub section (3) of section 47 may, within thirty days of the date on which he has received notice of such order, appeal against the order to the prescribed authority. (2) The appellate authority shall give notice of the appeal to the original authority and after giving opportunity to the original authority and the appellant to be heard either personally or by pleader in the appeal pass such orders as it thinks fit: Provided that orders of the original authority shall remain in force pending the disposal of the appeal unless the appellate authority otherwise directs.",
"name": "Appeals",
"related_acts": "",
"section_id": 50
},
{
"act_id": 654,
"details": "46. (1) Having regard to the number, nature and the size of the tyres attached to the wheels of a transport vehicle, other than a motor cab, its make and model and other relevant consideration, the 45Authority may, by notification in the official Gazette, specify in relation to each make and model of a transport vehicle the maximum safe laden weight of such vehicles and the maximum safe weight of each axle of such vehicle. (2) The registering authority, when registering transport vehicle, shall enter in the record of registration and shall also enter in the certificate of registration of the vehicle the following particulars, namely:- (a) \tthe unladen weight of the vehicle; (b) \tthe number, nature and size of tyres attached to each wheel; (c) \tthe registered laden weight of the vehicle and the registered axle weights pertaining to the several axle thereof; and (d) \tif the vehicle is used or adapted to be used for the carriage of passengers solely or in addition to goods, the number of passengers for whom accommodation is provided; and the owner of the vehicle, shall have the same particulars of registration and the registered address of the owner exhibited in the prescribed manner on the vehicle. (3) There shall not be entered in the certificate of registration of any such vehicle any laden weight of vehicle or a registered axle weight of any of its axle different from that specified in the notification under sub section (1) and in relation to the make and model of the vehicle and to the number, nature, and size of tyres attached to its wheels: Provided that where it appears to the 46Authority that heavier or lighter weights than those specified in the notifications under sub section (1) may be permitted in a particular locality for vehicle of a particular type, the 47Authority may, by order in the official Gazette; direct that the provisions of this sub section shall apply with such modifications as may be specified in the order. (4) When by reason of any alteration in such vehicle including an alteration in the number, nature or size of its tyres, the registered laden weight of the vehicle or the registered axle weight of any of its axles no longer accords with the provisions of sub section (3), the provisions of section 42 shall apply and the registering authority shall enter in the certificate of registration of the vehicle revised registered weight which accords with the said sub section. (5) In order that registered weight entered in the certificate of registration of a vehicle may be revised in accordance with the provisions of sub section (3), the registering authority may require, the owners of transport vehicle in accordance with such procedures as may be prescribed, to produce the certificate of registration within such time as may be specified by the registering authority. (6) Till such time the notification under sub section (1) is issued, the maximum safe laden weight of a transport vehicle and the maximum safe axle weight in respect of any of its axle may, however, be calculated in accordance with the Seventh Schedule.",
"name": "Special requirements for registration of transport vehicle",
"related_acts": "",
"section_id": 51
},
{
"act_id": 654,
"details": "47. (1) Subject to the provisions of section 48, no motor vehicle other than the motor vehicles as may be prescribed shall be deemed to be validly registered for the purposes of section 32, unless it carries a certificate of fitness in ÔÇÿForm J' as set forth in the First Schedule, issued by the Inspector of Motor Vehicles or any other prescribed authority, to the effect that the vehicle complies for the time being with all the requirements of Chapter VI and the rules made thereunder; where the Inspector of Motor Vehicles or any other prescribed authority refuses to issue such certificate, it shall supply the owner of the vehicle with its reasons in writing for such refusal. (2) The 48Authority may make 49regulations subject to which the certificate of fitness of motor vehicles may be renewed by the registered motor workshops specially authorised in this behalf by the 50Authority by notification in the official Gazette. 51(3) Subject to the provision of sub-section (4), a certificate of fitness shall remain effective for a period of one year to be specified in the certificate by the issuing authority. (4) Any Inspector of Motor Vehicles or other prescribed authority may, for reasons to be recorded in writing, cancel a certificate of fitness at any time, if satisfied that the vehicle to which it relates no longer complies with all the requirements of this Ordinance and the 52rules or regulations made thereunder; and on such cancellation or on the expiry of the certificate of fitness the certificate of registration of the vehicle and any permit granted in respect of the vehicle under Chapter V shall be deemed to be suspended until a new certificate of fitness has been obtained and the owner of such motor vehicle shall surrender to the registering authority within whose jurisdiction he resides any token or card issued to authorise the use of the vehicle in a public place. (5) Any token or card surrendered under sub section (4) shall be returned to the owner when a fresh certificate of fitness has been obtained. (6) A Certificate of fitness issued under this Ordinance shall, while it remains effective, be valid throughout Bangladesh unless otherwise specified by the issuing authority.",
"name": "Certificate of fitness of motor vehicle",
"related_acts": "",
"section_id": 52
},
{
"act_id": 654,
"details": "48. (1) The authority specified in Part B of the Fourth Schedule may register any motor vehicle which is the property or for the time being under the exclusive control of the Defence Services; and any vehicle so registered shall not, so long as it remains the property or under the exclusive control of the Defence Services, require to be registered otherwise under this Ordinance. (2) A motor vehicle registered under this section unless otherwise prescribed shall carry a certificate of fitness in ÔÇÿForm J' as set forth in the First Schedule issued by the authority referred to in sub section (1). (3) An authority registering a vehicle under sub section (1) shall assign a registration mark in accordance with the provisions contained in the Fourth Schedule and shall issue a certificate in respect of the vehicle that the vehicle has been registered under this section. (4) If a vehicle registered under this section ceases to be the property or under the exclusive control of the Defence Services, the provisions of section 33 shall thereupon apply. (5) The authority registering a vehicle under sub section (1) shall furnish to the Government all such information regarding the general nature, overall dimensions, and axle weight of the vehicle as the Government may at any time require.",
"name": "Registration of vehicles, the property of the Defence Services",
"related_acts": "",
"section_id": 53
},
{
"act_id": 654,
"details": "49. (1) The registration mark assigned to a trailer shall be displayed in the prescribed manner on the side of the vehicle. (2) No person shall drive a motor vehicle to which a trailer is or trailers are attached unless the registration mark of the motor vehicle so driven is displayed in the prescribed manner on the trailer or on the last trailer in the train, as the case may be.",
"name": "Application of Chapter IV to trailers",
"related_acts": "",
"section_id": 54
},
{
"act_id": 654,
"details": "50. (1) The 54Authority may make regulations for the purpose of carrying into effect the provisions of this Chapter. (2) Without prejudice to the generality of the foregoing power, 55such regulations may provide for- (a)\tthe conduct and hearing of appeals that may be preferred under this Chapter, the fees to be paid in respect of such appeals and the refund of such fees; (b)\tthe appointment, functions and jurisdiction of registering and other prescribed authorities and authorities for the supervision of the business of the registering authorities; (c)\tthe issue of certificate of registration and the certificate of fitness and duplicate of such certificates to replace the certificates lost, destroyed or mutilated; (d)\tthe temporary registration of motor vehicles, and the issue of temporary certificates of registration and marks; (e)\tthe manner in which registration marks and the particulars referred to in sub section (2) of section 46, and other prescribed particulars shall be exhibited; (f)\tthe fees to be charged for the issue or alteration of certificate of registration for making or cancelling an endorsement in respect of an agreement of hire purchase or hypothecation on a certificate of registration, for certificate of fitness, for registration marks, and for the examination or inspection of motor vehicles, and the refund of such fees; (g)\tthe exemption of prescribed persons or prescribed classes of persons from payment of all or any portion of the fees payable under this Chapter; (h)\tthe forms, other than those set forth in the First Schedule, to be used for the purposes of this Chapter; (i)\tthe communication between registering authorities of particulars of certificate of registration and by owners of vehicles registered outside Bangladesh of particulars of such vehicles and of their registration; (j)\tthe particulars to be furnished by the owner of any motor vehicle to the registering authority, upon the transfer of possession of the motor vehicle under the terms of a hiring agreement; (k)\tthe extension of the validity of certificate of fitness pending consideration of applications for their renewal; (l)\tthe exemption from the provisions of this Chapter, and the condition and fees for exemption, of motor vehicles in the possession of dealers; (m)\tthe exemption of road rollers, graders and other vehicles designed and used solely for the construction, repair and cleansing of roads from all or any of the provisions of this Chapter and the 56regulations made thereunder, and the conditions governing such exemption; and the conditions subject to which the provisions of section 47 shall apply to the classes of motor vehicles other than transport vehicles; and (n)\tany other matter which is to be or may be prescribed.",
"name": "Power to make regulations",
"related_acts": "",
"section_id": 55
},
{
"act_id": 654,
"details": "51. (1) No owner of transport vehicle shall use or permit the use of the vehicle in any public place, save in accordance with the conditions of a permit granted or countersigned by a Transport Committee authorising the use of the vehicle in that place in the manner in which the vehicle is being used: Provided that a stage carriage permit shall, subject to any conditions that may be specified in the permit, authorise the use of the vehicle as a contract carriage: Provided further that a stage carriage permit may, subject to any conditions that may be specified in the permit, authorise the use of the vehicle as a goods vehicle either when carrying passengers or not: Provided further that a public carrier's permit shall, subject to any conditions that may be specified in the permit authorise the holder to use the vehicle for the carriage of goods for or in connection with a trade or business carried on by him. (2) In determining, for the purpose of this Chapter whether a transport vehicle is or is not used for the carriage of goods for hire or reward, - (a)\tthe delivery or collection by or on behalf of the owner of goods sold, used or let on hire or hire purchase in the course of any trade or business carried on by him other than the trade or business of providing transport, (b)\tthe delivery or collection by or on behalf of the owner of goods which have been or are to be subjected to a process or treatment in the course of a trade or business carried on by him, or (c)\tthe carriage of goods in a transport vehicle by a manufacturer of or agent or dealer in such goods whilst the vehicle is being used for demonstration purposes, shall not be deemed to constitute a carrying of the goods for hire or reward; but the carriage in a transport vehicle of goods by a person not being a dealer in such goods who has acquired temporary ownership of the goods for the purposes of transporting them to another place and their relinquishing ownership shall be deemed to constitute a carrying of the goods for hire or reward. (3) Sub section (1) shall not apply- (a)\tto any transport vehicle owned by or on behalf of the Government other than the vehicles used for Government purposes connected with any commercial enterprises; (b) \tto any transport vehicle owned by a local authority or by a person acting under contract with a local authority and used solely for road cleansing, road watering or conservancy purposes; (c) \tto any transport vehicle used solely for police, fire brigade or ambulance purposes; (d) \tto any transport vehicle used solely for the conveyance of corpses; (e) \tto any transport vehicle used for towing a disabled vehicle or for removing goods from a disabled vehicle to a place of safety; (f) \tto any transport vehicle used for any other public purpose prescribed in this behalf ; (g) \tto any transport vehicle used by a person who manufactures or deals in motor vehicles or builds bodies for attachment to chassis, solely for such purposes and in accordance with such conditions as the 57Authority may, by notification in the official Gazette, specify in this behalf ; (h) to any transport vehicle owned by, and used solely for the purposes of, any educational institution which is recognised by the Government or whose managing committee is a society registered under the Societies Registration Act, 1860 (XXI of 1860); (i) \tto any goods vehicle which is a light motor vehicle and does not ply for hire or reward, or not used for any commercial purposes or to any two wheeled trailer with a registered laden weight not exceeding 2,240 pounds avoirdupois drawn by a motor car; (j) \tto any transport vehicle which has been temporarily registered under section 36, while proceeding empty to any place for the purpose of registration of the vehicle under section 34; (k) \tto any transport vehicle which, owing to any natural calamity, is required to be diverted through any other route, whether within or outside a region with a view to enabling it to reach its destination; or (l) \tto any transport vehicle used for such purposes other than plying for hire or reward or used for any commercial purposes as the 58Authority may, by notification in the official Gazette, specify. (4) Subject to the provisions of sub section (3), sub section (1) shall, if the 59Authority by regulations made under section 81 so prescribed, apply to any motor vehicle adopted to carry more than eight persons excluding the driver.",
"name": "Necessity for permits",
"related_acts": "10",
"section_id": 56
},
{
"act_id": 654,
"details": "52. (1) The Government, having regard to- (a) \tthe advantages offered to the public, trade and industry by the development of motor transport, and (b) \tthe desirability of co ordinating road and rail transport, and (c) \tthe desirability of preventing the deterioration of the road system, and (d) \tthe desirability of preventing uneconomic competition among motor vehicles, and after having heard the representatives of the interests affected and having consulted the 60Authority, may by notification in the official Gazette,- (i) \tprohibit or restrict throughout Bangladesh or in any area or on any route within Bangladesh, subject to such conditions as it may think desirable the conveying of long distance goods traffic generally, or of prescribed classes of goods, by private or public carriers; (ii) \tfix maximum or minimum fares or freights for stage carriages, contract carriages and public carriers to be applicable throughout Bangladesh or within any area or on any route within Bangladesh; or (iii) \tdisallow the use as transport vehicle, any vehicle or class of vehicle manufactured prior to a particular year. (2) The Government shall permit at such intervals of time as it may fix, the interests affected by any notification issued under sub section (1) to make representations urging the cancellation or variation of the notification on the following grounds, namely:- (a) \tthat the railways are not giving reasonable facilities or are taking unfair advantage of the action of the Government under this section; or (b) \tthat conditions have changed since the publication of the notification; or (c) \tthat the special needs of a particular industry or locality require to be considered afresh. (3) If the Government, after considering any representation made to it under sub section (2) and having heard the representatives of the interests affected and the 61Authority, is satisfied that any notification issued under sub section (1) ought to be cancelled or varied, it may cancel the notification or vary it in such manner as it thinks fit.",
"name": "Power to the Government to control road transport",
"related_acts": "",
"section_id": 57
},
{
"act_id": 654,
"details": "6253. The Government may issue such orders and directions, as it may consider necessary in respect of any matter relating to road transport or on any matter not provided in this Ordinance, to the Authority and the Authority shall give effect to all such orders and directions.",
"name": "Power of Government to issue orders and directions",
"related_acts": "",
"section_id": 58
},
{
"act_id": 654,
"details": "54. (1) The Authority shall, by notification in the official Gazette, constitute Transport Committees to exercise and discharge throughout such areas, in this Chapter referred to as regions, as may be specified in the notification, in respect of each Transport Committee, the powers and functions conferred by or under this Chapter on such Committees: Provided that the area specified as the region of a Transport Committee shall in no case be less than an entire district or the whole of a metropolitan area. 63(2) A Transport Committee shall consist of such number of officials and non-officials as the Authority may think fit to appoint: Provided that there shall be at least one representative from the Road Transport Owners Association registered under the Trade Organisations Ordinance, 1961 (XLV of 1961), and another representative from the Road Transport Workers Union registered under the Industrial Relations Ordinance, 1969 (XXIII of 1969), who shall be appointed in such manner as may be prescribed. (3) A Transport Committee, if authorised in this behalf by regulations made under section 81, may delegate such of its powers and functions to such authority or person and subject to such restriction, limitations and conditions as may be prescribed by the said regulations.",
"name": "Transport Committees",
"related_acts": "311",
"section_id": 59
},
{
"act_id": 654,
"details": "55. (1) In order to facilitate a forum of discussion of the problems in the road transport sector and also for the ventilation of grievances of the owners as well as road transport workers, the Government may, by notification in the official Gazette, constitute a Road Transport Advisory Council for the whole of Bangladesh and Road Transport Advisory Committee one for each regions consisting of such number of members as it thinks necessary from the officials, transport owners, transport workers and other experienced persons as 64shall be specified in the notification. (2) The Council or the Committee so constituted under sub section (1), shall meet at least once in three months unless otherwise directed and submit its recommendations, by the former to the 65* * * Authority and by the latter to the Transport Committee, as the case may be.",
"name": "Road Transport Advisory Council, etc.",
"related_acts": "",
"section_id": 60
},
{
"act_id": 654,
"details": "56. In order to undertake construction, development, improvement, maintenance, management and control of 67transport vehicle terminal, bus stands, halting places and parking zones, the Government may, by notification in the official Gazette, constitute an authority or board, either for the whole country or for a region or for a specified area, consisting of such number of members as it thinks necessary.",
"name": "Transport Vehicle Terminal Authority",
"related_acts": "",
"section_id": 61
},
{
"act_id": 654,
"details": "57. (1) Every application for a permit shall be made to the Transport Committee of the region or in the case of more than one regions to the Transport Committee in whose functional area includes major portion of the route where it is proposed to use the vehicle 68or in whose area the journey may commence or terminate. (2) Notwithstanding anything contained in sub-section (1), the 69Authority may, by notification in the official Gazette, direct that in the case of a vehicle or a particular class of vehicles proposed to be used in two or more regions, or in particular area or route, the application under that sub section shall be 70made to it.",
"name": "General provisions as to applications for permits",
"related_acts": "",
"section_id": 62
},
{
"act_id": 654,
"details": "58. An application for a permit in respect of service of stage carriages or to use a particular motor vehicle as a stage carriage (in this Ordinance referred to as a stage carriage permit) shall, as far as may be, contain the following particulars, namely:- (a)\tthe routes or the areas to which the application relates; (b)\tthe number of vehicles it is proposed to operate on a route or areas, different routes or areas and the type and seating capacity of each such vehicle and also the number of vehicles intended to be kept in reserve to maintain the service and to provide for special occasions; (c)\tthe minimum and maximum number of daily trips proposed to be provided in relation to each route or area and the time table of the normal trips; (d)\tthe fare table, if any, for the different classes of passengers for different stages in relation to each route or area, or if there is no such fare table, proposed rate of fare per mile per passenger for different classes which it is proposed to be charged; (e)\tthe weight or luggage per passenger of the different classes which it is proposed to carry free of charge, and the charge that will be made for the carriage of excess luggage; (f)\tthe arrangement intended to be made for the housing and repair of vehicles, for the comfort and convenience of passengers and for the storage and safe custody of luggage; and (g)\tsuch other matters as may be prescribed. Explanation. For the purpose of this section, sections 60 and 69, “trip” means a single journey from one point to another and every journey shall be deemed to be a separate trip.",
"name": "Application for stage carriage permit",
"related_acts": "",
"section_id": 63
},
{
"act_id": 654,
"details": "59. (1) A Transport Committee shall, in considering an application for a stage carriage permit, have regard to the following matters, namely:- (a)\tthe interest of the public generally; (b)\tthe advantages to the public of the service to be provided, including the saving of time likely to be effected thereby and any convenience arising from journey not being broken; (c)\tthe adequacy of other passenger transport service operating or likely to operate in near future, whether by road or other means, between the places to be served; (d) \tthe benefit to any particular locality or localities likely to be effected by the service; (e) \tthe operation by the applicant or other transport service including those in respect of which applications for permits are pending; (f) \tthe conditions of the roads included in the proposed route or area; (g) \twhether the vehicle is roadworthy and mechanically fit, and shall also take into consideration any representation made by persons already providing by any means along or near the proposed route or area or by any association representing persons interested in the provision of road transport facilities recognised in this behalf by the Government or by local authority or police authority within whose jurisdiction any part of the proposed route or area lies: Provided that other condition being equal, an application for a stage carriage permit from a co operative society registered or deemed to have been registered under any enactment in force for the time being shall, as far as may be, given preference over applications from individual operators. (2) A Transport Committee may, having regard to the matters mentioned in sub section (1), limit the number of stage carriage generally or of any specified type for which stage carriage permits may be granted in the region or in any specified route within the region.",
"name": "Procedure of Transport Committee in considering application for stage carriage permit",
"related_acts": "",
"section_id": 64
},
{
"act_id": 654,
"details": "60. (1) Subject to the provisions of section 59, a Transport Committee may, on an application made to it under section 58, grant a stage carriage permit in accordance with the application or with such notifications as it deems fit or refuse to grant such a permit: Provided that a permit granted in a modified form shall not be made valid for any route not specified in the application thereof unless the applicant and existing operators providing passenger transport facilities in or near that route have been given an opportunity of being heard. (2) Every stage carriage permit shall be expressed to be valid only for a specified route or for a specified area. (3) A Transport Committee, if it decides to grant a stage carriage permit, may grant the permit for a service of a stage carriage of specified description or for one or more particular stage carriages and may, subject to any 71regulations that may be made under this Ordinance, attach to the permit any one or more of the following conditions, namely:- (i) \tthat the service or services or any specified part thereof shall be commenced with effect from a specified date or dates; (ii) \tthe minimum and maximum of daily trips to be provided in relation to any route or area generally or on specified days and occasions; (iii) \tthat the copies of time table of the service or of particular stage carriage approved by the Transport Committee shall be exhibited on the vehicles and at the bus stands and halts on the route or within the area as the Transport Committee may, from time to time, specify; (iv) \tthat the service shall be operated within such margins of deviation from the approved time table as the Transport Committee may from time to time specify; (v) \tthat on certain routes or in a certain areas or places passengers or goods shall not be taken up or set down except at specified places specified by the Transport Committee; (vi) \tthat, subject to such exceptions of specified occasions or at specified times and seasons, not more than specified number of passengers or a specified weight of luggage shall be carried on any specified vehicle or any vehicle of a specified type; (vii) \tthe weight and nature of passengers' luggage that shall be carried free of charges, the total weight of luggage that may be carried in relation to each passenger and the arrangements that shall be made for the carriage of luggage without causing inconvenience to passengers; (viii) \tthe rate of charges that may be levied for passengers' luggage in excess of the free allowances; (ix) \tthat vehicle of specified types fitted with bodies conforming to specified specifications shall be used and specified standards of comfort and cleanliness shall be maintained in the vehicle; (x) \tthe conditions subject to which goods may be carried in any stage carriage in addition to the exclusion of passengers; (xi) \tthat a copy or extract from the approved fare table and particulars of any special fares or rates of fares so approved for particular occasions shall be exhibited on every stage carriage and at specified stands and halts; (xii) \tthat fares shall be charged in accordance with the approved fare table; (xiii) \tthat tickets bearing specified particulars shall be issued to passengers for fares paid and that records of tickets issued shall be kept in a specified manner; (xiv) \tthat mails shall be carried on any of the vehicles authorised by the permit subject to such conditions (including conditions as to the time in which mails are to be carried and the charge which may be levied) as may be specified; (xv) \tthe conditions subject to which any vehicle covered by the permit may be used as a contract carriage; (xvi) \tthat the conditions of the permit shall not be departed from save with the approval of Transport Committee; (xvii) \tthat any specified bus station or shelter maintained by the Government or any local authority or another transport organisation shall be used and that any specified rent or fee shall be paid for its use; (xviii) \tthat the Transport Committee may, after giving notice of not less than one month- (a) \tvary conditions of the permit; (b) \tattach to the permit further conditions; (xix)\tthat the holder of the permit shall, after having been given an opportunity of being heard, be liable on the orders of the Transport Committee to pay penalty not exceeding the prescribed maximum if the Transport Committee is satisfied that the services are not being maintained in accordance with the permit or are not punctual or that the conduct of the driver or conductor generally in their relations with the passenger is objectionable, or that any conditions of the permit has been contravened; (xx) \tthat the holder of a permit shall furnish to the Transport Committee such periodical returns, statistics and other information as the 72Authority may decide from time to time; (xxi) \tthat the stage carriage shall be used in connection with any state duty at such rate of hire as the permit relating to the vehicle authorises; (xxii) \tthat some seats shall be reserved for ladies in the stage carriage; (xxiii)\tthat First Aid Box and fire extinguisher of an approved type shall be carried in the stage carriage; (xxiv)\tthat a call bell connection between the driver and the conductor shall be arranged in the stage carriage; (xxv) \tthat the driver and the conductor of the stage carriage shall be cleanly dressed in the manner specified by the Transport Committee; (xxvi) \tthat no unlicensed person to help the conductor or the driver shall be carried in the stage carriage; (xxvii)\tthat no conductor shall stand on the foot board or hang on the sides of the vehicles either when stationary or moving; (xxviii)\tthat the stage carriage shall not be used without paying the taxes that may be levied by any competent authority having jurisdiction over the area; (xxix) \tthat the chart of approved haltages shall be exhibited in the stage carriage; or (xxx) \tany other condition which may be prescribed.",
"name": "Grant of stage carriage permits",
"related_acts": "",
"section_id": 65
},
{
"act_id": 654,
"details": "61. Application for a permit to use a motor vehicle as a contract carriage (in this Chapter referred to as a contract carriage permit) shall contain the following particulars, namely:- (a) \tthe type and seating capacity of the vehicle; (b) \tthe area for which the permit is required; (c) \tin the case of a motor cab, the fare it is proposed to charge; and in the case of other contract carriages, the different maximum rate of hiring proposed to be charged for different journey in the area; (d) \tin the case of a motor vehicle other than a motor cab, the manner in which it is claimed that the public convenience will be served by the vehicle; and (e) \tany other particulars which may be prescribed.",
"name": "Application for contract carriage permit",
"related_acts": "",
"section_id": 66
},
{
"act_id": 654,
"details": "62. A Transport Committee shall, in considering an application for a contract carriage permit, have regard to the extent to which additional contract carriage may be necessary or desirable in the public interest; and shall also take into consideration any representations which may then be made or which may previously have been made by persons already holding contract carriage permits in the region or by any local authority or police authority in the region to the effect that the number of contract carriages for which permits have already been granted is sufficient for or in excess of the needs of the region or any area within the region and shall satisfy itself that the vehicle to which the application relates is roadworthy and mechanically fit.",
"name": "Procedure of Transport Committee in considering application for contract carriage permit",
"related_acts": "",
"section_id": 67
},
{
"act_id": 654,
"details": "63. (1) Subject to the provisions of section 62, a Transport Committee may, on an application made to it under section 61, grant a contract carriage permit in accordance with the applications as it deems fit or refuse to grant such permit: Provided that, no such permit shall be granted in respect of any area not specified in the application. (2) The Transport Committee, if it decides to grant a contract carriage permit may, subject to any rules that may be made under this Ordinance, attach to the permit any one or more of the following conditions, namely:- (i) \tthat the vehicle or vehicles shall be used only in a specified route or routes; (ii) \tthat except in accordance with specified conditions, no contract of hiring, other than an extension or modification of a subsisting contract, may be entered into outside the specified area; (iii) \tthe maximum number of passengers and maximum weight of luggage that may be carried on any specified vehicle or on any vehicle of a specified type, either generally or on specified occasions or at specified times and seasons and the same is prominently marked on the vehicle; (iv) \tthe conditions subject to which goods may be carried in any contract carriage in addition to or to the exclusion of passengers; (v) \tthat, in the case of motor cabs, specified fares or rates of fares shall be charged and a copy of the fare table shall be exhibited on the vehicles; (vi) \tthat, in the case of motor vehicle other than motor cabs, specified rates of hiring not exceeding the specified maximum shall be charged; (vii) \tthat, in the case of motor cabs, a specified weight or passengers' luggage shall be carried free of charge and that the charge, if any for any luggage in excess thereof shall be at a specified rate; (viii) \tthat, in the case of motor cabs, a taxi meter shall be fitted and maintained in proper working order, if prescribed; (ix) \tthat the conditions of permit shall not be departed from save with the approval of the Authority; (x) \tthat the vehicle shall be used in connection with any state duty at such rate of hire as may be permitted by the Transport Committee; (xi) \tthat the driver and the conductor (if any) of the vehicle shall be cleanly dressed in the manner as may be specified by the Transport Committee; (xii) \tthat the vehicle shall not be used without valid tax token or without paying fees or taxes that may be levied by any competent authority having jurisdiction over the area; (xiii) \tthat the Transport Committee, after giving a notice of not less than one month- (a) \tvary the conditions of permit; (b) \tattach to the permit further conditions; (xiv) \tthat the holder of the permit shall after having been given an opportunity of being heard, be liable on the orders of Transport Committee to pay penalty not exceeding the prescribed maximum if the Transport Committee is satisfied that the services are not being maintained in accordance with the permit or that the vehicles are in unsatisfactory condition, or that the conduct of the driver or conductor generally in his relation with the passengers is objectionable, or that any condition of the permit has been contravened; (xv) \tany other conditions which may be prescribed.",
"name": "Power to restrict the number of contract carriages and impose conditions on contract carriage permits",
"related_acts": "",
"section_id": 68
},
{
"act_id": 654,
"details": "64. An application for a permit to use a transport vehicle for the carriage of goods for or in connection with a trade or business carried on by the applicant (in this Chapter referred to as a private carrier's permit) shall contain the following particulars, namely:- (a) \tthe type and carrying capacity of the vehicle; (b) \tthe nature of the goods which the applicant expects normally to carry in connection with his trade or business; (c) \tthe area for which the permit is required; and (d) \tany other particular which may be prescribed.",
"name": "Application for private carriers permit",
"related_acts": "",
"section_id": 69
},
{
"act_id": 654,
"details": "65. (1) In considering an application for a private carrier's permit made under section 64, a Transport Committee shall, have regard to the condition of the road to be used by the vehicle or vehicles in respect of which the application is made, and shall satisfy itself that the vehicle to which the application relates will not be used otherwise than in connection with the business of the applicant and that the vehicle is road worthy and mechanically fit, it may grant a private carrier's permit in accordance with the application or with such modifications as it deems fit or refuse to grant such a permit: Provided that no such permit shall be granted in respect of any route or area not specified in the application. (2) A Transport Committee may in granting private carrier's permit impose condition to be specified in the permit relating to the description of goods which may be carried, the area in which permit shall be valid or the maximum laden weight and axle weights of any vehicle used or any other condition which may be prescribed. (3) If the applicant is the holder of a private carrier's permit which has been suspended or has been revoked, the Transport Committee may, in its discretion, notwithstanding anything contained in sub section (1), reject the application.",
"name": "Conditions to be attached and procedure to be followed in granting private carrier’s permit",
"related_acts": "",
"section_id": 70
},
{
"act_id": 654,
"details": "66. An application for a permit to use a motor vehicle for the carriage of goods for hire or reward (in this Chapter referred to as a public carrier's permit) shall be made in the prescribed form.",
"name": "Application for public carrier’s permit",
"related_acts": "",
"section_id": 71
},
{
"act_id": 654,
"details": "67. (1) In considering an application for a public carrier's permit, made under section 66, a Transport Committee shall have regard to the condition of the roads included in the proposed area or route, interest of public in general and the advantages to the public of the service to be provided and shall also satisfy itself, that the vehicles to which the application relates is road-worthy and mechanically fit, it may grant a public carrier's permit in accordance with the application or with such modifications as it deems fit or refuse to grant such a permit: Provided that, no such permit shall be granted in respect of any area or route not specified in the application: Provided further that other conditions being equal, an application for a public carrier's permit from a co operative society registered or deemed to have been registered under any enactment in force for the time being shall as far as may be, be given preference over applications from individual owners. (2) If the applicant is the holder of a public carrier's permit which has been suspended or has been the holder of a public carrier's permit which has been revoked, the Transport Committee may, in its discretion, notwithstanding anything contained in sub section (1), reject the application.",
"name": "Procedure in considering application for public carrier’s permit",
"related_acts": "",
"section_id": 72
},
{
"act_id": 654,
"details": "68. The Transport Committee shall, in granting the permit under section 67, impose conditions to be specified in the permit that the laden weight and the axle weight of the vehicle shall not exceed a specified maximum and may also impose all or any of the following conditions, namely:- (a) \tthat goods or any class of goods shall be carried at specified rates; (b) \tthat specified arrangement shall be made for housing, maintenance and repair of the vehicle and the storage and safe custody of goods carried; (c) \tthat the holder of the permit shall furnish to the Transport Committee such periodical returns, statistics and other information as the Government may decide from time to time; (d)\tthat the Transport Committee may, after giving notice of not less than one month,- (i) \tvary the condition of an existing permit, and (ii) \tattach to such permit further conditions, as it may think fit and necessary; (e)\tthat the conditions of the permit shall not be departed from save with the approval of the Transport Committee; (f)\tany other prescribed conditions appropriate to the service to be provided by the public carrier which the Transport Committee thinks proper to impose in the public interest or with a view to prevent uneconomic competition between the road transport service; (g)\tthat the vehicle shall be used in connection with any state duty on such rate of hire as the permit relating to the vehicles authorises; (h)\tthat the vehicle shall not be used without valid tax token or without paying tax or fee that may be levied by any competent authority having jurisdiction over the area; or (i)\tany other condition as may be prescribed.",
"name": "Conditions to be attached to public carrier’s permit",
"related_acts": "",
"section_id": 73
},
{
"act_id": 654,
"details": "69. (1) An application for a contract carriage permit or a private carrier's permit or a public carrier's permit may be made at any time. (2) An application for a stage carriage permit shall be made not less than six weeks before the date on which it is desired that the permit shall take effect, or, if the Transport Committee appoints dates for the receipt of such applications, on such dates. (3) On receipt of an application for a stage carriage permit, the Transport Committee shall make the application available for inspection at the office of the Authority and shall publish the application or the substance thereof in the prescribed manner together with a notice of the date before which representations in connection therewith may be submitted and the date, not being less than thirty days from such publication, on which, and the time and place at which, the application and any representations received will be considered. (4) No representation in connection with an application referred to in sub section (3) shall be considered by the Transport Committee unless it is made in writing before the appointed date and unless a copy thereof is furnished simultaneously to the applicant by the person making such representation. (5) When any representation such as is referred to in sub section (3) is made, the Transport Committee shall dispose of the application at a public hearing and the applicant and the person making the representation shall have an opportunity of being heard either in person or by a duly authorised representative. (6) When any representation has been made by the persons or authorities referred to in section 62 to the effect that the number of contract carriages for which permits have already been granted in any region or any area within a region is sufficient for or in excess of the needs of the region or of such area, whether such representation is made in connection with a particular application for the grant of a contract carriage permit or otherwise, the Transport Committee may take any such steps as it considers appropriate for the hearing of the representation in the presence of any persons likely to be affected thereby. (7) When a Transport Committee refuses an application for a permit of any kind, it shall give to the applicant in writing its reason for the refusal. (8) An application to vary the conditions of any permit other than a temporary permit by the inclusion of new route or routes or a new area or, in the case of a stage carriage permit, by increasing a number of trips above the specified maximum or by altering the route covered by it, or in the case of a contract carriage permit by increasing the number of vehicles covered by the permit, shall be treated as an application for the grant of a new permit: Provided that it shall not be necessary so to treat an application made by holder of a stage carriage permit who provides the only service to any route or in any area or increase the frequency of the service so provided, without any increase in the number of vehicle. 73(9) A permit, other than a temporary permit, shall be issued only to the owner of a vehicle.",
"name": "Procedure in applying for and granting permits",
"related_acts": "",
"section_id": 74
},
{
"act_id": 654,
"details": "70. (1) A permit other than a temporary permit issued under section 74 shall be effective without renewal for a period of three years unless otherwise specified by the Transport Committee in the permit. 74(2) Other conditions being equal, a permit may be renewed with the approval of the Chairman of the Authority or the Transport Committee, as the case may be, on an application made.",
"name": "Duration and renewal of permits",
"related_acts": "",
"section_id": 75
},
{
"act_id": 654,
"details": "71. (1) Save as provided in section 73, a permit shall not be transferable from one person to another except with the permission of the Transport Committee which granted the permit and shall not without such permission operate to confer on any person to whom a vehicle covered by the permit is transferred any right to use that vehicle in the manner authorised by the permit. (2) The holder of a permit may, with the permission of the authority by which the permit was granted, replace any vehicle covered by the permit by any other vehicle of the same nature. (3) The following shall be conditions of every permit:- (a) \tthat the vehicle or vehicles to which the permit relates, carry valid certificate of fitness issued under section 47 and are at all times so maintained as to comply with the requirements of Chapter VI and the rules made thereunder; (b) \tthat the vehicle or vehicles to which the permit relates are not driven at a speed exceeding the speed lawful under this Ordinance; (c) \tthat any prohibition or restriction imposed and any fares or freights fixed by notification made under section 52 are observed in connection with any vehicle or vehicles to which the permit relates; (d) \tthat the vehicle or vehicles to which the permit relates are not driven in contravention of the provisions of section 5 or section 86; (e)\tthat the provisions of this Ordinance limiting the hours of work of drivers are observed in connection with any vehicle or vehicles to which the permit relates; (f)\tthat the provisions of Chapter IX so far as they apply to the holder of the permit are observed; 75* * * (g) \tthat there shall not be more than one permit in respect of any vehicle 76; (h)\tthat arrangements shall be made by the employer to provide resting place for the workers engaged in the vehicles providing service in the long routes; (i)\tthat at least two drivers shall be employed by the employer in the vehicles providing service at night or in the routes where the driver may require to work beyond the hours of work specified in clause (b) of sub-section (1) of section 76A.",
"name": "General conditions attaching to all permits",
"related_acts": "",
"section_id": 76
},
{
"act_id": 654,
"details": "72. (1) The Transport Committee which granted a permit may cancel the permit or may suspend it for such period as it thinks fit- (a)\ton the breach of any condition specified in sub section (3) of section 71, or of any condition contained in the permit, or (b)\tif the holder of the permit uses or causes or allows a vehicle to be used in any manner not authorised by the permit, or (c)\tif the holder of the permit ceases to own the vehicle or vehicles covered by the permit, or (d)\tif the holder of the permit has obtained the permit by fraud or misrepresentation, or (e)\tif the holder of the permit, not being a private carrier's permit, fails without reasonable cause to use the vehicle or vehicles for the purposes for which the permit was granted, or (f)\tif the holder of the permit acquires the citizenship of any foreign country, or (g)\tif the vehicle to which permit relates had bad record of accidents or if the accident was due to the use of defective vehicle: Provided that no permit shall be cancelled unless an opportunity has been given to the holder of the permit to submit his explanation. (2) The Transport Committee which granted a permit may, after giving the holder thereof an opportunity to furnish his explanation, reduce either permanently or for such period as it thinks fit the number of vehicle or the route or area covered by the permit on any of the grounds mentioned in sub section (1). (3) The Transport Committee may exercise the powers conferred on it under sub sections (1) and (2) in relation to a permit granted by any authority or person to whom power in this behalf has been delegated under sub section (5) of section 54 if the said permit was a permit granted by the Transport Committee. (4) Where a Transport Committee cancels or suspends a permit or reduces the number of vehicles or the routes or area covered by a permit, it shall give to the holder in writing its reasons for the action taken. (5) The powers exercisable under sub section (1) or sub section (2) (other than the powers to cancel a permit) by the Transport Committee which granted the permit may be exercised by any authority or persons to whom such powers have been delegated under sub section (5) of section 54: Provided that,- (i) \tno such authority or person shall pass an order suspending the permit for a period exceeding one month or reducing the period thereof by more than one month; and (ii) \tany such order shall be placed within the said period of one month before the Transport Committee who may vacate the order or extend the said period of one month where it has not expired or cancel the permit.",
"name": "Cancellation and suspension of permits",
"related_acts": "",
"section_id": 77
},
{
"act_id": 654,
"details": "73. (1) Where the holder of a permit dies, the person succeeding to the ownership of the vehicles covered by the permit may, for a period of three months, use the permit as if it had been granted to himself: Provided that such person has, within thirty days of the death of the holder, informed the Transport Committee which granted the permit of the death of the holder and of his own intention to use the permit: Provided further that no permit shall be so used after the date on which it would have ceased to be effective without renewal in the hands of the deceased holder. (2) The Transport Committee may, on application made to it within three months of the death of the holder of a permit, transfer the permit to the person succeeding to the ownership of the vehicles covered by the permit.",
"name": "Transfer of permit on death of holder",
"related_acts": "",
"section_id": 78
},
{
"act_id": 654,
"details": "74. Any Transport Committee or other prescribed authority may without following the procedure laid down in section 69, grant permits, to be effective for a limited period not in any case to exceed four months, to authorise the use of a transport vehicle temporarily- (a) \tfor the conveyance of passengers on special occasions such as to and from fairs and religious gatherings, or (b) \tfor the purposes of a seasonal business, or (c) \tto meet a particular temporary need, or (d) \tpending decision on an application for a permit; and may attach to any such permit any condition it thinks fit: Provided that a temporary permit under this section shall, in no case, be granted in respect of any route or area specified in an application for the grant of a new permit under section 58, or section 61 or section 66 during the pendency of the application: Provided further that a temporary permit under this section shall, in no case, be granted more than once in respect of any route or area specified in an application for the renewal of a permit during the pendency of such application for renewal.",
"name": "Temporary permits",
"related_acts": "",
"section_id": 79
},
{
"act_id": 654,
"details": "75. (1) Except as may be otherwise prescribed, a permit not being a private carrier's permit or a public carrier's permit granted by the Transport Committee of any one region shall not be valid in any other region, unless the permit has been countersigned by the Transport Committee of that other region. (2) Notwithstanding anything contained in sub section (1), a permit granted by the 77* * * Authority shall be valid in the whole country or in such region or regions or areas or routes as may be specified in the permit. (3) A Transport Committee when countersigning the permit may attach to the permit any condition which it might have imposed if it had granted the permit, and may likewise vary any condition attached to the permit by the Authority by which the permit was granted. (4) The provisions of this Chapter relating to the grant, revocation and suspension of permits shall apply to the grant, revocation and suspension of countersignatures of permits. (5) Notwithstanding anything contained in sub section (1), a Transport Committee of one region may issue a temporary permit under clause (a) or clause (c) of section 74 to be valid in another region with the concurrence, given generally or for the particular occasion, of the Transport Committee of that other region, as the case may be. (6) Notwithstanding anything contained in sub section (1) but subject to any 78regulations that may be made under this Ordinance, the 79* * * Authority may, for the purpose of promoting tourism, grant in respect of tourist vehicles such number of permits for the whole or any part of Bangladesh and the provisions of sections 61, 62, 63, 69, 70, 71, 72, 73 and 76 shall, as far as may be, apply in relation to such permits. (7) The following shall be the conditions of every permit granted under sub-section (6), namely:- (i) \tevery motor vehicle in respect of which such permit is granted shall conform to such description, requirement regarding the seating capacity, standard of comforts, fitness, amenities and other matters as the Government may specify in this behalf; (ii) \tthe provision by the permit holder of insurance covering the risk of the personal effects of the tourist in transit; (iii) \tevery such motor vehicle shall be driven by a person having such qualifications and satisfying such conditions as may be prescribed; and (iv) \tsuch other conditions as may be prescribed.",
"name": "Validation of permits for use outside region in which granted",
"related_acts": "",
"section_id": 80
},
{
"act_id": 654,
"details": "8076A. (1) No person shall cause or allow any person who is employed by him for the purpose of driving of a transport vehicle or acting as conductor or helper-cum-cleaner of such vehicle or who is subject to his control for such purpose to work- (a) \tfor more than five hours before he has had an interval of rest of at least half an hour; or (b) \tfor more than eight hours in one day; or (c) \tfor more than forty-eight hours in the week. (2) The authority may by regulations made under section 81 grant such exemptions from the provisions of sub-section (1) as it thinks fit, to meet cases of emergency or of delays by reason of circumstances which could not be foreseen. (3) The authority, by regulations made under section 81, may require persons employing any person whose work is subject to any of the provisions of sub-section (1) to fix beforehand the hours of work of such persons so as to conform with those provisions, and may provide for the recording of the hours so fixed. (4) No person shall work or shall cause or allow any other person to work outside the hours fixed or recorded for the work of such persons in compliance with any regulations made under sub-section (3). (5) The authority may prescribe the circumstances under which any period during which the driver or conductor of a vehicle although not engaged in work is required to remain on or near the vehicle may be deemed to be an interval for rest within the meaning of sub-section (1).",
"name": "Restriction of hours of work of workers",
"related_acts": "",
"section_id": 81
},
{
"act_id": 654,
"details": "76. (1) Any person- (a) \taggrieved by the refusal of the Transport Committee to grant a permit, or by any condition attached to a permit granted to him, or (b) \taggrieved by the revocation or suspension of the permit or by any variation of the conditions thereof, or (c) \taggrieved by the refusal to transfer the permit to the person succeeding on the death of the holder of a permit, or (d) \taggrieved by the refusal of the Transport Committee to countersign a permit, or by any condition attached to such countersignature, or (e) \taggrieved by the refusal of renewal of a permit, or (f) \tbeing a local authority or police authority or an association which or a person providing transport facilities who, having opposed the grant of a permit is aggrieved by the grant thereof or by any condition attached thereto, or (g) \tbeing the bolder of a licence, who is aggrieved by the refusal of a Transport Committee to grant an authorisation to drive a public service vehicles, or a transport vehicle, or (h) \taggrieved by the refusal to grant permission under sub section (1) or sub section (2) of section 71, or (i) \taggrieved by a reduction under sub section (2) of section 72 in the number of vehicles or routes or area covered by permit, or 81(j) \taggrieved by any other order which may be prescribed may, appeal to such authority within such time and in such manner as may be prescribed by rules made by the Government, and such authority shall, before disposing of such appeal, give such person and the original authority an opportunity of being heard. 82(2) The authority prescribed under sub section (1) for the purpose of hearing appeals may, either on its own motion or on application made to it call for the record of any case in which an order has been made by the Authority or a Committee, as the case may be, and may pass such order in relation to the case as it deems fit: Provided that, the authority prescribed under sub section (1) shall not pass an order under this section prejudicial to any person without giving him a reasonable opportunity of being heard.",
"name": "Appeals",
"related_acts": "",
"section_id": 82
},
{
"act_id": 654,
"details": "77. Restriction of hours of work of drivers.- Omitted by section 28 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988).",
"name": "Restriction of hours of work of drivers",
"related_acts": "",
"section_id": 83
},
{
"act_id": 654,
"details": "78. Any contract for the conveyance of a passenger in a stage carriage or contract carriage, in respect of which a permit has been issued under this Chapter, shall, so far as it purports to negative or restrict the liability of any person in respect of any claim made against that person in respect of the death of, or bodily injury to, the passenger while being carried in, entering or alighting from the vehicle, or purports to impose any conditions with respect to the enforcement of any such liability be void.",
"name": "Voidance of contracts restrictive of liability",
"related_acts": "",
"section_id": 84
},
{
"act_id": 654,
"details": "79. (1) No person shall engage himself- (a) \tas an agent or canvasser in the sale of tickets for travel by public service vehicles or otherwise solicit customers for such vehicle; or (b) \tas an agent in the business of collecting, forwarding or distributing goods carried by public carrier's unless he has obtained a licence from such authority and subject to such conditions as may be prescribed 83* * * . (2) The conditions referred to in sub section (1) may, include all or any of the following matters, namely:- (a) \tthe period for which a licence may be granted or renewed; (b) \tthe fee payable for the issue or renewal of the licence; (c) \tthe deposit of security, (i) \tof a sum not exceeding 84Taka seven thousand and five hundred in the case of an agent in the business of collecting, forwarding or distributing goods carried by public carriers; (ii) \tof a sum not exceeding 85Taka one thousand seven hundred and fifty in the case of other agent or canvasser; and the circumstances under which the security may be forfeited; (d) \tthe provision by the agent for insurance of goods in transit; (e) \tthe authority by which and circumstances under which the licence may be suspended or revoked; (f) \tsuch other conditions as may be prescribed 86* * * .",
"name": "Agent or canvasser to obtain licence",
"related_acts": "",
"section_id": 85
},
{
"act_id": 654,
"details": "80. (1) The 88Authority may make regulations, to regulate, in respect of stage carriages and contract carriages, - (a) \tthe conduct of passengers in such vehicles. (2) Without prejudice to the generality of the foregoing provision, such 89regulations may- (a) \tauthorise the removal from such vehicle of any person in fringing the rules by the driver or conductor of the vehicle, or on the request of the driver or conductor, or any passenger by any police officer; (b) \trequire a passenger who is reasonably suspended by the driver or conductor of contravening the rules to give his name and address to a police officer or to the driver or conductor on demand; (c) \trequire a passenger to declare, if so requested by the driver or conductor the journey he intends to take or has taken in the vehicle and to pay the fare for the whole of such journey and to accept any ticket provided therefor; (d) \trequire, on demand being made for the purpose by the driver or conductor or other person authorised by the owner of the vehicle, production during the journey and surrender at the end of the journey by the holder thereof of any ticket issued to him; (e) \trequire a passenger, if so requested by the driver or conductor, to leave the vehicle on the completion of the journey the fare for which he has paid; (f) \trequire the surrender by the holder thereof on the expiry of the period for which it is issued of a ticket issued to him; (g) \trequire a passenger to abstain from doing anything which is likely to obstruct or interfere with the working of the vehicle or to cause damage to any part of the vehicle or its equipment or to cause injury or discomfort to any other passenger; (h) \trequire a passenger not to smoke in any public service vehicle or in any vehicle on which a notice prohibiting smoking is exhibited; (i) \trequire the maintenance of complaint books in stage carriages and prescribe the conditions under which passengers can record any complaints in the same.",
"name": "Power to make regulations as to stage carriages and contract carriages",
"related_acts": "",
"section_id": 86
},
{
"act_id": 654,
"details": "81. (1) The 91Authority may make regulations for the purpose of carrying into effect the provisions of this Chapter. (2) Without prejudice to the generality of the foregoing power, 92regulations under this section may be made with respect to all or any of the following matters, namely:- (a) \tthe period of appointment and the terms of appointment of and the conduct of business by 93Transport Committee and the reports to be furnished by them; (b) \tthe conduct of business by any such 94Committee in the absence of any member (including the Chairman thereof) and the nature of business which, the circumstances under which and the manner in which, business could be so conducted; (c) \tthe conduct and hearing of appeals that may be preferred under this Chapter, the fees to be paid in respect of such appeals and the refund of such fees; (d) \tthe forms to be used for the purposes of this Chapter, including the forms of permits; (e) \tthe manner in which, and the time within which, every application for a stage carriage permit shall be published, as required by sub section (3) of section 69, and the circumstances under which and the fees on payment of which, copies of such applications may be granted; (f) \tthe issue of copies of permits in place of permits lost or destroyed or mutilated or defaced; (g) \tthe documents, plates and marks to be carried by transport vehicles, the manner in which they are to be carried and the languages in which any such documents are to be expressed; (h) \tthe fees to be paid in respect of permit, duplicate permits and plates; (i) \tthe exemption of prescribed persons or prescribed classes of persons from payment of all or any portion of the fees payable under this Chapter; (j) \tthe custody, production and cancellation on revocation, or expiration of permits and the return of permits which have become void or have been revoked; (k) \tthe conditions subject to which, and the extent to which, a permit granted in one region shall be valid in another region without countersignature; (l) \tthe authorities to whom, the time within which and the manner in which appeals may be made; (m)\tthe construction and fittings of, and the equipment to be carried by stage and contract carriages, whether generally or in specified areas; (n)\tthe determination of the number of passengers a stage or contract carriage is adapted to carry and the number which may be carried; (o)\tthe conditions subject to which goods may be carried on stage and contract carriages partly or wholly in lieu of passengers; (p)\tthe safe custody and disposal of property left in a stage or contract carriage; (q)\tregulating the painting or marking of transport vehicles and the display of advertising matters thereon, and in particular, prohibiting the painting or marking of transport vehicles in such colour or manner as to induce any person to believe that the vehicle is used for the transport of mails; (r)\tthe conveyance in stage or contract carriages of corpses or persons suffering from any infections or contagious disease or goods likely to cause discomfort or injury to passengers and the infection and disinfection of such carriages, if used for such purposes; (s)\tthe provision of taxi meters on motor cabs requiring approval or standard types of taxi meters to be used and examining, testing and sealing taxi meters; (t)\tprohibiting the picking up or setting down of passengers by stage or contract carriages at specified places or in specified areas or at places other than duly notified stands or halting places and requiring the driver of a stage carriage to stop and remain stationary for a reasonable time when so required by a passenger desiring to board or alight from the vehicle at a notified halting place; (u)\tthe requirement which shall be complied with in the construction or use of any duly notified stand or halting place, including the provisions of adequate equipment and facilities for the convenience of all users thereof, the fees, if any, which may be charged for the use of such facilities, the records which shall be maintained at such stands or place, the staff to be employed thereat and generally for maintaining such stands and the duties and conduct of such staff, and places in a serviceable and clean condition; (v)\tthe regulation of motor cab stands; (w)\trequiring the owners of transport vehicles to notify any change of address or to report the failure of or damage to any vehicle used for the conveyance of passengers for hire or reward; (x)\tauthorising specified persons to enter at all reasonable times and inspect all premises used by permit holder for the purpose of their business; (y)\trequiring the person in charge of a stage carriage to carry any person tendering the legal or customary fare; (z)\tthe conditions under which and the types of containers or vehicles in which animals or birds may be carried and the seasons during which animals or birds may not be carried; (za) the licensing of and the regulation of the conduct of agents or canvassers who engage in the sale of tickets for travel by public service vehicles or otherwise solicit customers for such vehicles; (zb) the licensing of agents engaged in the business of collecting, forwarding and distributing of goods carried by public carriers; (zc)\tthe inspection of transport vehicles and their contents and of the permits relating to them; (zd)\tthe carriage of persons other than the driver in goods vehicles; (ze)\tthe records to be maintained and the returns to be furnished by the owners of transport vehicles; and (zf)\tany other matter which is to be or may be prescribed.",
"name": "Power to make regulations for the purpose of this Chapter",
"related_acts": "",
"section_id": 87
},
{
"act_id": 654,
"details": "82. Every motor vehicle shall be constructed and so maintained as to be at all times under the effective control of the person driving the vehicle.",
"name": "General provision regarding construction and maintenance",
"related_acts": "",
"section_id": 88
},
{
"act_id": 654,
"details": "83. Every motor vehicle shall be so constructed as to have right hand steering control unless it is equipped with a mechanical or electrical signalling device of a prescribed nature.",
"name": "Vehicles to have right hand control",
"related_acts": "",
"section_id": 89
},
{
"act_id": 654,
"details": "84. (1) The Government may make rules regulating the construction, equipment and maintenance of motor vehicles and trailers and the establishment, registration, operation and supervision of motor vehicles repairing workshop. (2) Without prejudice to the generality of the foregoing power, rules may be made under this section governing any of the following matters either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances, namely: - (a)\tthe width, height, length and overhang of vehicles and of the loads carried; (b)\tseating arrangements in public service vehicles and the protection of passengers against the weather; (c)\tthe size, nature and condition of tyres; (d)\tbrakes and steering gear; (e)\tthe use of safety glass; (f)\tsignalling appliances, lamps and reflectors; (g)\tspeed governors; (h)\tthe emission of smoke, visible vapour, sparks, ashes, grit or oil; (i)\tthe reduction of noise emitted by or caused by vehicles; (j)\tprohibiting or restricting the use of audible signals at certain times or in certain places; (k)\tprohibiting or restricting the use as transport vehicles of any motor vehicle or any motor vehicle with left hand steering control; (l)\tprohibiting the carrying of appliances likely to cause annoyance or danger; (m)\tthe periodical testing and inspection of vehicles by prescribed authorities; (n) \tthe particulars other than registration marks to be exhibited by vehicles and the manner in which they shall be exhibited; (o) \tthe use of trailers with motor vehicle; (p) \tprohibiting or enforcing the painting in particular colours of motor vehicles of particular descriptions or for particular purposes or in particular areas; (q)\tregistration, control and supervision of establishments undertaking repair works of motor vehicles and the conditions governing such establishment; and (r) \tany other matter which is to be or may be 95prescribed by the rules.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 90
},
{
"act_id": 654,
"details": "85. (1) No person shall drive a motor vehicle or cause or allow a motor vehicle to be driven in any public place at a speed exceeding the maximum speed fixed for the vehicle by or under this Ordinance or by under any law for the time being in force: Provided that such maximum speed shall in no case exceed the maximum fixed for the vehicle in the Eighth Schedule. (2) The Government or any authority authorised in this behalf by the Government may, if satisfied that it is necessary to restrict the speed of motor vehicles in the interest of public safety or convenience or because of the nature of any road or bridge, by notification in the official Gazette, and by causing appropriate traffic signs to be placed or erected under section 89 at suitable places, fix such maximum speed limits as it thinks fit for the motor vehicles or any specified class of motor vehicles or for motor vehicles to which a trailer is attached, either generally or in a particular area or on a particular road or roads: Provided that where any restriction under this section is to remain in force for not more than one month, notification thereof in the official Gazette shall not be necessary.",
"name": "Limits of speed",
"related_acts": "",
"section_id": 91
},
{
"act_id": 654,
"details": "86. (1) The Government may prescribe conditions for the issue of permits for heavy motor vehicles by the 96Transport Committees and may prohibit or restrict the use of such vehicles in any area or route within Bangladesh. (2) Except as may be otherwise prescribed, no person shall drive or cause or allow to be driven in any public place any motor vehicle which is not fitted with pneumatic tyres. (3) No person shall drive or cause or allow to be driven in any public place any motor vehicle or trailer- (a)\tthe unladen weight of which exceeds the unladen weight specified in the certificate of registration of the vehicle, or (b)\tthe laden weight of which exceeds the registered laden weight specified in the certificate of registration, or (c)\tany axle weight of which exceeds the maximum axle weight specified for that axle in the certificate of registration. (4) Where the driver or person in charge of a motor vehicle or trailer driven in contravention of sub section (2) or clause (a) of sub section (3) is not the owner, a Court may presume that the offence was committed with the knowledge of or under the orders of the owner of the motor vehicle or trailer.",
"name": "Limits of weight and limitation on use",
"related_acts": "",
"section_id": 92
},
{
"act_id": 654,
"details": "87. (1) Any person authorised in this behalf by the Government may, if he has reason to believe that a goods vehicle or trailer is being used in contravention of section 86, require the driver to convey the vehicle to a weighing device, if any, within a distance of one mile from any point on the forward route or within a distance of five miles from the destination of the vehicle for weighment; and if on such weighment the vehicle is found to contravene in any respect the provisions of section 86 regarding weight, he may, by order in writing direct the driver to convey the vehicle or trailer to the nearest place, to be specified in the notice, where facilities exist for the storage of goods, and not to remove the vehicle or trailer from that place until the laden weight or axle weight has been reduced or the vehicle has otherwise been treated so that it complies with section 86. (2) Where any excess goods are removed any goods vehicles or trailer for storage under sub section (1), such person as may be authorised in this behalf by the Government shall cause a notice in writing to be served on the owner of the vehicle or trailer, as the case may be, requiring him to remove the goods within the time to be specified in the notice and if the owner of the vehicle or trailer refuses or fails to remove the goods within the time so specified, the authorised person may sell the goods by public auction and the balance of the sale proceeds, after deducting therefrom the charges for the storage of the goods and the costs incidental to the sale shall be paid to the owner of the vehicle or trailer, as the case may be: Provided that where that excess goods removed are of perishable nature, the sale can be held immediately after causing the notice to be served on the driver of the vehicle or the trailer.",
"name": "Power to have vehicle weighed",
"related_acts": "",
"section_id": 93
},
{
"act_id": 654,
"details": "88. The Government or any authority authorised in this behalf by the Government, if satisfied that it is necessary in the interests of public safety or convenience, or because of the nature of any road or bridge, may by notification in the official Gazette, prohibit or restrict, subject to such exceptions and conditions as may be specified in the notification, the driving of motor vehicles or of any specified class of motor vehicles or the use of trailers either generally in a specified area or on a specified road and when any such prohibition or restriction is imposed it shall cause appropriate traffic signs to be placed or erected under section 89 at suitable places: Provided that where any prohibition or restriction under this section is to remain in force for not more than one month, notification thereof in the official Gazette shall not be necessary, but such local publicity as the circumstances may permit, shall be given to such prohibition or restriction.",
"name": "Power to restrict the use of vehicle",
"related_acts": "",
"section_id": 94
},
{
"act_id": 654,
"details": "89. (1) The Government or any authority authorised in this behalf by the Government may cause or permit traffic signs to be placed or erected in any public place for the purpose of bringing to public notice any speed limit fixed under sub section (2) of section 85 or any prohibition or restriction imposed under section 88, or generally for the purpose of regulating motor vehicle traffic. (2) Traffic signs erected under sub section (1) for any purpose for which provision is made in the Ninth Schedule shall be of the size, colour and type and shall have the meanings set forth in the Ninth Schedule, but the Government or any authority empowered in this behalf by the Government may make or authorise the addition to any sign set forth in the said Schedule, or transcriptions of the words, letters or figures thereon in such script as the Government may think fit, provided that the transcriptions shall be of similar size and colour to the words, letters or figures set forth in the Ninth Schedule. (3) Except as provided by sub section (1) no traffic sign shall, after the commencement of this Ordinance, be placed or erected on or near any road; but all traffic signs erected prior to the commencement of this Ordinance by any competent authority shall for the purposes of this Ordinance be deemed to be traffic signs erected under the provisions of sub section (1). (4) The Government may, by notification in the official Gazette, empower any District Magistrate or Superintendent of Police or the Commissioner of Police in the Metropolitan Areas or any other prescribed authority to remove or cause to be removed any sign or advertisment which is so placed in his opinion as to obscure any traffic sign from view or any sign or advertisement which is in his opinion so similar in appearance to a traffic sign as to be misleading. (5) No person shall wilfully remove, alter, deface or in any way tamper with, any traffic signs placed or erected under this section. (6) If any person accidentally causes such damage to traffic sign as renders it useless for purpose for which it is placed or erected under this section, he shall report the circumstances of the occurrence to a police officer or at a police station as soon as possible, and in any case within twenty four hours of the occurrence. (7) For the purpose of bringing the signs set forth in the Ninth Schedule in conformity with any International Convention relative to motor traffic to which the Government is for the time being a party the Government may, by notification in the official Gazette, make any addition or alteration to any such notification, and the Ninth Schedule shall be deemed to be amended accordingly.",
"name": "Power to erect traffic signs",
"related_acts": "",
"section_id": 95
},
{
"act_id": 654,
"details": "90. The Government or any authority authorised in this behalf by the Government may, in consultation with the local authority having jurisdiction in the area concerned, determine place at which motor vehicles may stand either indefinitely or for a specified period of time, and may determine the places at which public service vehicles may stop for a longer time than is necessary for the taking up and setting down of passengers.",
"name": "Parking places and halting stations",
"related_acts": "",
"section_id": 96
},
{
"act_id": 654,
"details": "91. The Government or any authority authorised in this behalf by the Government may, by notification in the official Gazette or by the erection at suitable places of the appropriate traffic sign referred to in Part A of the Ninth Schedule, designate certain roads as main roads for the purposes of the regulations contained in the Tenth Schedule.",
"name": "Main roads",
"related_acts": "",
"section_id": 97
},
{
"act_id": 654,
"details": "92. (1) Every driver of a motor vehicle shall drive the vehicle in conformity with any indication given by a mandatory traffic sign and in conformity with the driving regulations set forth in the Tenth Schedule, and shall comply with all directions given to him by any police officer for the time being engaged in the regulation of traffic in any public place. (2) In this section “mandatory traffic sign” means a traffic sign included in part A of the Ninth Schedule, or any traffic sign of similar form, that is to say, consisting of or including a circular disc displaying a device, word or figure and having a red ground or border erected for the purpose of regulating motor vehicle traffic under sub section (1) of section 90. (3) Every driver of a motor vehicle shall stop on the appropriate line near every pedestrian crossing so marked where there is a pedestrian on the crossing.",
"name": "Duty to obey traffic signs",
"related_acts": "",
"section_id": 98
},
{
"act_id": 654,
"details": "93. (1) The driver of a motor vehicle with a right hand steering control shall on the occasions specified in the Eleventh Schedule make the signals specified therein: Provided that the signal of an intention to turn to the right or left or to stop may be given by a mechanical or an electrical device of a prescribed nature affixed to the vehicle. (2) In the case of a motor vehicle with a left hand steering control the signal of an intention to turn to the right or left or to stop shall be given by a mechanical or an electrical device of a prescribed nature affixed to the vehicle, and in case of sudden failure of the devices, the signal shall, however, be given with the left hand.",
"name": "Signals and signalling devices",
"related_acts": "",
"section_id": 99
},
{
"act_id": 654,
"details": "94. No person shall drive or cause or allow to be driven in any public place any motor vehicle with a left hand steering control unless it is equipped with a mechanical or electrical signalling device of a prescribed nature and in working order: Provided that the Government may, having regard to the width and conditions of the roads in any area or route, by notification in the official Gazette, exempt, subject to such conditions as may be specified therein any such motor vehicle or class of motor vehicles from the operation of this section for the purposes of playing in that area or route.",
"name": "Vehicle with left hand control",
"related_acts": "",
"section_id": 100
},
{
"act_id": 654,
"details": "95. No person in charge of a motor vehicle shall cause or allow the vehicle or any trailer to remain at rest on any road in such a position or in such a condition or in such circumstances as to cause or be likely to cause danger, obstruction or undue inconvenience to other users of the road.",
"name": "Leaving vehicle in dangerous position",
"related_acts": "",
"section_id": 101
},
{
"act_id": 654,
"details": "96. No person driving, or acting as conductor or in charge of a motor vehicle shall carry any person, or permit any person to be carried on the running board, or on the bumper, or on the top of the roof, or otherwise than within the body of the vehicle, in excess of the permissible capacity.",
"name": "Riding on running board",
"related_acts": "",
"section_id": 102
},
{
"act_id": 654,
"details": "97. (1) No person shall board a public service vehicle in excess of the capacity authorised in the permit, or, shall be on the running board, or on the bumper, or on the top of the roof, or otherwise than within the body of the vehicle. (2) Any police officer not below the rank of Sub Inspector of Police in uniform authorised in this behalf by the Government or any Inspector of Motor Vehicles may require such passenger to alight from the vehicle forthwith and may stop the vehicle and keep it standing until such passenger has alighted and every such passenger shall be entitled to the refund of any fare which he might have paid.",
"name": "Restrictions on boarding public service vehicles",
"related_acts": "",
"section_id": 103
},
{
"act_id": 654,
"details": "98. No person driving a motor vehicle shall allow any person to stand or sit or anything to be placed in such a manner or position as to hamper the driver in his control of the vehicle.",
"name": "Obstruction of driver",
"related_acts": "",
"section_id": 104
},
{
"act_id": 654,
"details": "99. No person driving or in charge of a motor vehicle shall cause or allow the vehicle to remain stationary in any public place, unless there is in the driver's seat a person duly licensed to drive the vehicle or unless the mechanism has been stopped and a brake or brakes applied or such other measures taken as to ensure that the vehicle cannot accidentally be put in motion in the absence of the driver.",
"name": "Stationary vehicles",
"related_acts": "",
"section_id": 105
},
{
"act_id": 654,
"details": "100. (1) No driver of a two wheeled motor cycle shall carry more than one person in addition to himself on the cycle and no such person shall be carried otherwise than sitting on a proper seat securely fixed to the cycle behind the driver's seat. (2) No driver of a two wheeled motor cycle shall drive any motor cycle unless he wears a helmet of the prescribed type or carry any person on a motor cycle unless that person wears a helmet of the prescribed type.",
"name": "Pillion riding",
"related_acts": "",
"section_id": 106
},
{
"act_id": 654,
"details": "101. (1) The driver and the conductor, if any, of a motor vehicle in any public place shall, on demand by any police officer not below the rank of Sub Inspector of Police in uniform or, on demand by any Inspector of Motor Vehicles or, any other person authorised in this behalf by the Government produce his licence for examination 97which shall, if found in order, be returned forthwith. (2) The owner of a motor vehicle other than a vehicle registered under section 48, or in his absence the driver or other person in charge of the vehicle, shall, on demand by a registering authority or any police officer not below the rank of Sub-Inspector of Police in uniform or any Inspector of Motor Vehicles or any person authorised in this behalf by the Government, produce the certificate of registration of the vehicle and, where applicable the certificate of fitness referred to in section 47.",
"name": "Duty to produce licence and certificate of registration, etc.",
"related_acts": "",
"section_id": 107
},
{
"act_id": 654,
"details": "102. (1) The driver of a motor vehicle shall cause the vehicle to stop and remain stationary so long as may reasonably be necessary:- (a) \twhen required to do so by any police officer in uniform, or any Inspector of Motor Vehicles, or any person authorised in this behalf by the Government, or (b) \twhen required to do so by any person in charge of an animal if such person apprehends that the animal is, or being alarmed by the vehicle will become, unmanageable, or (c) \twhen the vehicle is involved in the occurrence of an accident to a person, animal or vehicle or of damage to any property, whether the driving or management of the vehicle was or was not the cause of the accident or damage, and he shall give his name and address and the name and address of the owner of the vehicle to any person affected by any such accident or damage who demands it provided such person also furnishes his name and address. (2) The driver of a motor vehicle shall, on demand by a person giving his own name and address and alleging that the driver has committed an offence punishable under section 143, give his name and address to that person. (3) In this section the expression “animal” means any horse, cattle, elephant, camel, ass, mule, sheep or goat.",
"name": "Duty of driver to stop in certain cases",
"related_acts": "",
"section_id": 108
},
{
"act_id": 654,
"details": "103. The owner of a motor vehicle the driver or conductor of which is accused of any offence under this Ordinance shall, on the demand of any police officer authorised in this behalf by the Government or on the demand of any Inspector of Motor Vehicles or, other persons authorised in this behalf by the Government, give all information regarding the name and address of and the licence held by the driver or conductor which is in his possession or could by reasonable diligence be ascertained by him.",
"name": "Duty of owner of motor vehicle to give information",
"related_acts": "",
"section_id": 109
},
{
"act_id": 654,
"details": "104. When any person is injured or any property is damaged as the result of an accident in which a motor vehicle is involved, the driver of the vehicle or other person in charge of the vehicle shall- (a) \ttake all reasonable steps to secure medical attention for the injured person, and, if necessary convey him to the nearest hospital, unless the injured person or his guardian (in case he is a minor), desires otherwise; (b) \tgive on demand by a police officer any information required by him, or, if no police officer is present, report the circumstances of the occurrence at the nearest police station as soon as possible, and in any case within twenty four hours of the occurrence.",
"name": "Duty of driver in case of accident and injury to a person",
"related_acts": "",
"section_id": 110
},
{
"act_id": 654,
"details": "98105. When any accident occurs in which a motor vehicle is involved, any Inspector of Motor Vehicles or any other technically qualified officer duly authorised in this behalf by the Authority may, if required by any Police Officer or owner of the vehicle concerned, inspect the vehicle in the prescribed manner and for that purpose may enter at any reasonable time any premises where the vehicle may be, and may remove the vehicle for examination: Provided that, the place to which the vehicle is so removed shall be intimated to the owner of the vehicle and the vehicle shall be returned to the owner in a metropolitan area within forty-eight hours and elsewhere within seventy-two hours of accident.",
"name": "Inspection of vehicle involved in accident",
"related_acts": "",
"section_id": 111
},
{
"act_id": 654,
"details": "106. (1) The Government may make rules for the purposes of carrying into effect the provisions of this Chapter. (2) Without prejudice to the generality of the foregoing power, such rules may provide for- (a)\tthe nature of the mechanical or electrical signalling devices which may be used on motor vehicles; (b) \tthe removal and the safe custody of vehicle including their loads which have broken down or which have been left standing or have been abandoned on roads; (c) \tthe installation and use of weighing devices; (d) \tthe maintenance and management of godowns for the storage of goods removed from over loaded vehicles and the fees, if any, to be charged for the use of such godowns; (e) \tthe exemption from all or any of the provisions of this Chapter of Fire Brigade vehicles, ambulances and other special classes of vehicle, subject to such conditions as may be prescribed; (f) \tthe maintenance and management of parking places and stands and the fees, if any, which may be charged for their use; (g) \tprohibiting the driving down hill of a motor vehicle with the gear disengaged either generally or in a specified place; (h) \tProhibiting/prohibiting the taking hold of or mounting of a motor vehicle in motion; (i) \tprohibiting the use of footpaths of pavements by motor vehicles; (j) \tgenerally, the prevention of danger, injury or annoyance to the public or any person, or of danger or injury to property or of obstruction to traffic; and (k) \tany other matter which is to be or may be 99prescribed by rules.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 112
},
{
"act_id": 654,
"details": "107. (1) The Government may, by notification in the official Gazette, make rules for all or any of the following purposes, namely.- (a) \tthe grant and authentication of travelling passes, certificates or authorisations to persons temporarily taking motor vehicles out of Bangladesh to any place outside Bangladesh or to persons temporarily proceeding out of Bangladesh to any place out of Bangladesh and desiring to drive a motor vehicle during their absence from Bangladesh; (b) \tprescribing the conditions subject to which motor vehicles brought temporarily into Bangladesh from outside Bangladesh by persons intending to make a temporary stay in Bangladesh may be possessed and used in Bangladesh; and (c) \tPrescribing the conditions subject to which persons entering Bangladesh from any place outside Bangladesh for a temporary stay in Bangladesh may drive motor vehicles in Bangladesh. (2) No rule made under this section shall operate to confer on any person, any immunity from the payment of any tax levied on motor vehicles or their users. (3) Nothing in this Ordinance or in any 100rules or regulations made thereunder relating to- (a) \tthe registration and identification of motor vehicles, or (b)\tthe requirements as to construction, maintenance and equipment of motor vehicles, or (c)\tthe licensing and the qualifications of drivers and conductors of motor vehicles; shall apply to any motor vehicle to which or to any driver or any conductor of a motor vehicle to whom any rules made under clause (b) or clause (c) of sub-section (1) apply.",
"name": "Power of Government to make rules",
"related_acts": "",
"section_id": 113
},
{
"act_id": 654,
"details": "108. In this Chapter- (a)\t“authorised insurer” means an insurer in whose case the requirements of the Insurance Act, 1938 (IV of 1938),are complied with, and include the Government when the business of insuring motor vehicles against third party risk is carried on by it; and (b)\t“certificate of insurance” means a certificate issued by an authorised insurer in pursuance of sub section (2) of section 110; and includes a cover note complying with such requirements as may be prescribed, and where more than one certificate has been issued in connection with a policy, or where a copy of a certificate has been issued, all those certificates or that copy, as the case may be; (c) \t“property” includes roads, bridges, culverts, cause ways, trees, posts and mile stones; (d) \t“third party” includes the Government.",
"name": "Definitions",
"related_acts": "",
"section_id": 114
},
{
"act_id": 654,
"details": "109. (1) No person shall use except as a passenger or cause or allow any other person to use a motor vehicle in a public place, unless there is in force in relation to the use of the vehicle by that person or that other person, as the case may be, a policy of insurance complying with the requirements of this Chapter. Explanation. A person driving a motor vehicle merely as a paid employee, while there is in force in relation to the use of the vehicle no such policy as is required by this sub section, shall not be deemed to act in contravention of the sub section unless he knows or has reason to believe that there is no such policy in force. (2) Sub section (1) shall not apply to any motor vehicle owned by or on behalf of the Government other than the motor vehicles used for Government purposes connected with any commercial enterprises: Provided that the Government shall establish and maintain a fund in accordance with the rules made in that behalf under this Ordinance for meeting any liability arising out of the use of any of its vehicle or any person in its employment may incur to third parties or to indemnify any damage to property of a third party or, the death or bodily injury of any person caused by or arising out of the use of an unidentified motor vehicle. (3) The Government may by order exempt from the operation of sub section (1) any motor vehicle owned by any of the following authorities, namely:- (a)\tthe Government, if the vehicle is used for Government purposes unconnected with any commercial enterprises; (b) \tany local authority; (c)\tBangladesh Road Transport Corporation: Provided that no such order shall be made in relation to any such authority unless a fund has been established and is maintained by that authority in accordance with the rules made in that behalf under this Ordinance for meeting any liability arising out of the use of any vehicles of that authority or any person in its employment may incur to third parties.",
"name": "Necessity for insurance against third party risk",
"related_acts": "",
"section_id": 115
},
{
"act_id": 654,
"details": "110. (1) In order to comply with the requirements of this Chapter a policy of insurance must be a policy which- (a)\tis issued by a person who is an authorised insurer or by a co operative society allowed under section 125 to transact the business of an insurer, and (b)\tinsures the persons or clases of persons specified in the policy to the extent as may be prescribed from time to time- (i) \tagainst any liability which may be incurred by him in respect of the death or bodily injury to any person or damage to any property of a third party caused by or arising out of the use of the vehicle in a public place; (ii) \tagainst the death or bodily injury to any passengers of a public service vehicle caused by or arising out of the use of the vehicle in a public place: Provided that a policy shall not be required- (i) \tto cover liability in respect of the death, arising out of and in the course of his employment, of the employee of a person insured by the policy or in respect of bodily injury sustained by such an employee arising out of and in the course of his employment, other than a liability arising under the Workmen's Compensation Act, 1923 (VIII of 1923), in respect of the death of, or bodily injury to, any such employee- (a) \tengaged in driving the vehicle, or (b) \tif it be a public service vehicle, engaged as a conductor of the vehicle or in examining tickets on the vehicle, or (c) \tif it be a goods vehicle, being carried in the vehicle, or (ii) \texcept where the vehicle is a vehicle in which passengers are carried for hire or reward or by reason of or in pursuance of a contract of employment, to cover liability in respect of the death of or bodily injury to persons being carried in or upon or entering or mounting or alighting from the vehicle at the time of the occurrence of the event out of which a claim arises, or (iii) \tto cover any contractual liability. Explanation. For the removal of doubts, it is hereby declared that the death of, or bodily injury to, any person or damage to any property of a third party shall be deemed to have been caused by or to have arisen out of the use of a vehicle in a public place, notwithstanding that the person who is dead or injured or the property which is damaged was not in a public place at the time of the accident, if the act or omission which led to the accident occurred in a public place. (2) A policy shall be of no effect for the purposes of this Chapter unless and until there is issued by the insurer in favour of the person by whom the policy is effected a certificate of insurance in the prescribed form and containing the prescribed particulars of any conditions subject to which the policy is issued and of any other prescribed matters; and different forms, particulars and matters may be prescribed in different cases. (3) Where a cover note issued by the insurer under the provision of this Chapter or the rules made thereunder is not followed by a policy of insurance within the prescribed time, the insurer shall, within seven days of the expiry of the period of the validity of the cover note, notify the fact to the registering authority in whose records the vehicles to which the cover note relates has been registered or to such other authority as the 101Authority may prescribe. (4) Notwithstanding anything elsewhere contained in any law, a person issuing a policy of insurance under this section shall be liable to indemnify the person or classes of person specified in the policy in respect of any liability which the policy purports to cover in the case of that person or those classes of person.",
"name": "Requirements of policies and limits of liability",
"related_acts": "",
"section_id": 116
},
{
"act_id": 654,
"details": "111. (1) Notwithstanding anything contained in this Ordinance or in any other law for the time being in force, the victim of a motor accident or his heir as the case may be, shall be entitled to get compensation from the insurer or, in absence of valid insurance policy, from the owner of the motor vehicle involved in the accident such amounts as may be prescribed under clause (b) of sub section (1) of section 110 in respect of death, permanent disablement or loss of any limbs or any other injury to the victim of the motor accident. (2) If the insurer or owner of the motor vehicle concerned fails to pay the compensation under sub section (1) within thirty days of the demand made to him in this behalf in writing by the victim or his heir, as the case may be, the compensation may be recovered as a public demand.",
"name": "No fault liability",
"related_acts": "",
"section_id": 117
},
{
"act_id": 654,
"details": "112. (1) If, after a certificate of insurance has been issued under sub section (2) of section 110 in favour of the person by whom a policy has been effected, judgement in respect of any such liability as is required to be covered by a policy under clause (b) of sub section (1) of section 110 being a liability covered by the terms of the policy is obtained against any person insured by the policy, then, notwithstanding that the insurer may be entitled to avoid or cancel or may have avoided or cancelled the policy, the insurer shall, subject to the provisions of this section, pay to the person entitled to the benefit of the decree any sum not exceeding the sum assured payable thereunder as if he were the judgement debtor, in respect of the liability, together with any amount payable in respect of costs and any sum payable in respect of interest on that sum by virtue of any enactment relating to interest on judgements. (2) No sum shall be payable by an insurer under sub section (1) in respect of any judgement unless before or after the commencement of the proceedings in which the judgement is given the insurer had notice through the Court of the bringing of the proceedings, or in respect of any judgement so long as execution is stayed thereon pending an appeal; and an insurer to whom notice of the bringing of any such proceedings is so given shall be entitled to be made a party thereto and to defend the action on any of the following grounds, namely:- (a) \tthat the policy was cancelled by mutual consent or by virtue of any provision contained therein before the accident giving rise to the liability, and that either the certificate of insurance was surrenderd to the insurer or that the person to whom the certificate was issued has made an affidavit stating that the certificate has been lost or destroyed, or that either before or not later than fourteen days after the happening of the accident the insurer has commenced proceedings for cancellation of the certificate after compliance with the provisions of section 122; or (b) \tthat there has been a breach of a specified condition of the policy, being one of the following conditions, namely- (i) \ta condition excluding the use of the vehicle-┬¼ (a)\tfor hire or reward, where the vehicle is on the date of the contract of insurance a vehicle not covered by a permit to ply for hire or reward, or (b) \tfor organised racing and speed testing, or (c) \tfor a purpose not allowed by the permit under which the vehicle is used, where the vehicle is a transport vehicle, or (d) \twithout side car being attached, where the vehicle is a motor cycle; or (ii) \ta condition excluding driving by a named person or persons or by any person is not duly licensed, or by any person who has been disqualified for holding or obtaining a driving licence during the period of disqualification; or (iii)\ta condition excluding liability, for injury caused or contributed to by condition of war, riot or civil commotion; or (c) \tthat the policy is void on the ground that it was obtained by the non disclosure of a material fact or by a representation of fact which was false in some material particular. (3) Where a certificate of insurance has been issued under sub section (2) of section 110 to the person by whom a policy has been effected, so much of the policy as purports to restrict the insurance of the persons insured thereby by reference to any conditions other than those in clause (b) of sub section (2) shall, as respects such liabilities as are required to be covered by a policy under clause (b) of sub section (1) of section 110, be of no effect: Provided that any sum paid by the insurer in or towards the discharge of any liability of any person which is covered by the policy by virtue only of this sub section shall be recoverable by the insurer from that person. (4) If the amount which an insurer becomes liable under this section to pay in respect of a liability incurred by a person insured by a policy exceeds the amount for which the insurer would apart from the provisions of this section be liable under the policy in respect of that liability, the insurer shall be entitled to recover the excess from that person. (5) In this section the expressions “material fact” and “material particular” mean, respectively, a fact or particular of such a nature as to influence the judgement of a prudent insurer in determining whether he will take the risk and, if so, at what premium and on what conditions, and the expression “liability covered by the terms of the policy\" means a liability which is covered by the policy or which would be so covered but for the fact that the insurer is entitled to avoid or cancel or has avoided or cancelled the policy. (6) No insurer to whom the notice referred to in sub section (2) has been given shall be entitled to avoid his liability to any person entitled to the benefit of any such judgement as is referred to in sub section (1) otherwise than in the manner provided for in sub section (2 ).",
"name": "Duty of insurers to satisfy judgements against persons insured in respect of third party risks",
"related_acts": "",
"section_id": 118
},
{
"act_id": 654,
"details": "113. (1) Where under any contract of insurance effected in accordance with the provisions of this Chapter a person is insured against liabilities which he may incur to third parties then- (a) \tin the event of the person becoming insolvent or making a composition or arrangement with his creditors, or (b) \twhere the insured person is a company, in the event of a winding up order being made or a resolution for a voluntary winding up being passed with respect to the company or of a receiver or manager of the company's business or undertaking being duly appointed, or of possession being taken by or on behalf of the holders of any debentures secured by a floating charge of any property comprised in or subject to the charge, if, either before or after that event, any such liability is incurred by the insured person, his rights against the insurer under the contract in respect of the liability shall, notwithstanding anything to the contrary in any provision of law, be transferred to and vest in the third party to whom the liability was so incurred. (2) Where an order for the administration of the estate of a dcceased debtor is made according to the law of insolvency, then, if any, debt provable in insolvency is owing by the deceased in respect of a liability to a third party against which he was insured under a contract of insurance in accordance with the provisions of this Chapter, the deceased debtor's rights against the insurer in respect of that liability shall, notwithstanding anything to the contrary in any provisions of law, be transferred to and vest in the person to whom the debt is owing. (3) Any condition in a policy issued for the purposes of this Chapter purporting either directly or indirectly to avoid the policy or to alter the rights of the parties thereunder upon the happening to the insured person of any of the events specified in clause (a) or clause (b) of sub section (1) or upon the making of an order for the administration of the estate of a deceased debtor according to the law of insolvency shall be of no effect. (4) Upon a transfer under sub section (1) or sub section (2) the insurer shall be under the same liability to the third party as he would have been to the insured person, but- (a) \tif the liability of the insurer to the insured person exceeds the liability of the insured person to the third party, nothing in this Chapter shall affect the rights of the insured person against the insurer in respect of the excess, and (b) \tif the liability of the insurer to the insured person is less than the liability of the insured person to the third party nothing in this Chapter shall affect the rights of the third party against the insured in respect of the balance.",
"name": "Rights of third parties against insurers on insolvency of the insured",
"related_acts": "",
"section_id": 119
},
{
"act_id": 654,
"details": "114. (1) No person against whom a claim is made in respect of any liability referred to in clause (b) of sub section (1) of section 110 shall on demand by or on behalf of the person making the claim refuse to state whether or not he was injured in respect of that liability by any policy issued under the provisions of this Chapter, or would have been so injured if the insurer had not avoided or cancelled the policy, nor shall he refuse, if he was or would have been so injured, to give such particulars with respect to that policy as were specified in the certificate of insurance issued in respect thereof. (2) In the event of any person becoming insolvent or making a composition or arrangement with his creditors or in the event of an order being made for the administration of the estate of a deceased person according to the law of insolvency, or in the event of a winding up order being made or a resolution for a voluntary winding up being passed with respect to any company or of a receiver or manager of the company's business or undertaking being duly appointed or of possession being taken by or on behalf of the holders of any debentures secured by a floating charge on any property comprised in or subject to the charge, it shall be the duty of the insolvent debtor, personal representative of the decased debtor or company, as the case may be, or the official assignee or receiver in insolvency, trustee, liquidator, receiver or manager, or person in possession of the property to give at the request of any person claiming that the insolvent debtor, deceased debtor or company is under such liability to him as is covered by the provisions of this Chapter, such information as may reasonably be required by him for the purpose of ascertaining whether any rights have been transferred to and vested in him by section 113, and for the purpose of enforcing such rights, if any, and any such contract of insurance as purport whether directly or indirectly to avoid the contract or to alter the rights of the parties thereunder upon the giving of such information in the events aforesaid, or otherwise to prohibit or prevent the giving thereof in the said events, shall be of no effect. (3) If, from the information given to any person in pursuance of sub-section (2) or otherwise, he has reasonable ground for supposing that there have or may have been transferred to him under this Chapter rights against any particular insurer, that insurer shall be subject to the same duty as is imposed by the said sub-section on the person therein mentioned. (4) The duty to give the information imposed by this section shall include a duty to allow all contracts of insurance, receipts for premiums, and other relevant documents in the possession or power of the person on whom the duty is so imposed to be inspected and copies thereof to be taken.",
"name": "Duty to give information as to insurance",
"related_acts": "",
"section_id": 120
},
{
"act_id": 654,
"details": "115. (1) No settlement made by an insurer in respect of any claim which might be made by a third party in respect of any liability of the nature referred to in clause (b) of sub section (1) of section 110 shall be valid unless such third party is a party to the settlement. (2) Where a person who is insured under a policy issued for the purposes of this Chapter has become insolvent, or where, if such insured person is a company, a winding up order has been passed with respect to the company no agreement made between the insurer and the insured person after liability has been incurred to a third party and after the commencement of the insolvency or winding up, as the case may be, nor any waiver, assignment or other disposition made by or payment made to the insured person after the commencement aforesaid shall be effective to defeat the rights transferred to the third party under this Chapter, but those rights shall be the same as if no such agreement, waiver, assignment or disposition or payment has been made.",
"name": "Settlement between insurers and insured persons",
"related_acts": "",
"section_id": 121
},
{
"act_id": 654,
"details": "116. (1) For the purposes of sections 113, 114 and 115, a reference to “liabilities to third parties” in relation to a person insured under any policy of insurance shall not include a reference to any liability of that person in the capacity of insurer under some other policy of insurance. (2) The provisions of sections 113, 114 and 115 shall not apply where a company is wound up voluntarily merely for the purposes of reconstruction or of an amalgamation with another company.",
"name": "Saving in respect of sections 113, 114 and 115",
"related_acts": "",
"section_id": 122
},
{
"act_id": 654,
"details": "117. Where a certificate of insurance has been issued to the person by whom a policy has been effected, the happening in relation to any person insured by the policy of any such event as is mentioned in sub section (1) or sub section (2) of section 113 shall, notwithstanding anything in this Chapter not affect any liability of that person of the nature referred to in clause (b) of sub section (1) of section 110; but nothing in this section shall affect any rights against the insurer conferred under the provisions of sections 113, 114 and 115 on the person to whom the liability was incurred.",
"name": "Insolvency of insured persons not to affect liability of insured or claims by third parties",
"related_acts": "",
"section_id": 123
},
{
"act_id": 654,
"details": "118. Notwithstanding anything contained in section 306 of the Succession Act, 1925 (XXXIX of 1925) the death of a person in whose favour a certificate of insurance had been issued, if it occurs after the happening of an event which has given rise to a claim under the provisions of this Chapter, shall not be a bar to the survival of any cause of action arising out of the said event against his estate or against the insurer.",
"name": "Effect of death on certain causes of action",
"related_acts": "138",
"section_id": 124
},
{
"act_id": 654,
"details": "119. When an insurer has issued a certificate of insurance in respect of a contract of insurance between the insurer and the insured person, then- (a) \tif and so long as the policy described in the certificate has not been issued by the insurer to the insured, the insurer shall, as between himself and any other person except the insured, be deemed to have issued to the insured person a policy of insurance conforming in all respects with the description and particulars stated in such certificate; and (b) \tif the insurer has issued to the insured the policy described in the certificate, but the actual terms of the policy are less favourable to persons claiming under or by virtue of the policy against the insurer either directly or through the insured than the particulars of the policy as stated in the certificate the policy shall, as between the insurer and any other person except the insured, be deemed to be in terms conforming in all respects with the particulars stated in the said certificate.",
"name": "Effect of certificate of insurance",
"related_acts": "",
"section_id": 125
},
{
"act_id": 654,
"details": "120. (1) Where a person in whose favour the cetificate of insurance has been issued in accordance with the provisions of this Chapter, proposes to transfer to another person the ownership of the motor vehicle in respect of which such insurance was taken together with the policy of insurance relating thereto, he may apply in the prescribed form to the insurer for the transfer of the certificate of insurance and the policy described in the certificate in favour of the person to whom the motor vehicle is proposed to be transferred, and if within fifteen days of the receipt of such application by the insurer, the insurer has not intimated the insured and such other person his refusal to transfer the certificate and the policy described in the certificate shall be deemed to have been transferred in favour of the person to whom the motor vehicle is transferred with effect from the date of its transfer. (2) The insurer to whom any application has been made under sub-section (1) shall transfer to the other person the certificate of insurance and the policy described in that certificate unless he considers it undesirable having regard to:- (a) \tthe previous conduct of the other person- (i)\tas a driver of motor vehicle; or (ii)\tas a holder of the policy of insurance in respect of any motor vehicle; or (b) \tany conditions which may have been imposed in relation to any such policy held by the applicant; or (c) \tthe rejection of any proposal made by such other person for the issue of a policy of insurance in respect of any motor vehicle owned or possessed by him. (3) Where the insurer has refused to transfer in favour of the person to whom the motor vehicle has been transferred the certificate of insurance and the policy described in that certificate, he shall refund to such transferee the amount, if any, which under the terms of the policy he would have had to refund to the insured for the unexpired term of such policy.",
"name": "Transfer of certificate of insurance",
"related_acts": "",
"section_id": 126
},
{
"act_id": 654,
"details": "121. (1) Whenever the period of cover under a policy of insurance issued under the provisions of this Chapter is terminated or suspended by any means before its expiration by effluxion of time, the insured person shall within seven days after such termination or suspension deliver to the insurer by whom the policy was issued the latest certificate of insurance given by the insurer in respect of the said policy, or, if the said certificate has been lost or destroyed, make an affidavit to that effect. (2) Whoever fails to surrender a certificate of insurance or to make an affidavit, as the case may be, in accordance with provisions of this section shall be punishable with fine which may extend to thirty Taka for everyday that the offence continues subject to a maximum of one thousand Taka.",
"name": "Duty to surrender certificate on cancellation of policy",
"related_acts": "",
"section_id": 127
},
{
"act_id": 654,
"details": "122. Whenever a policy of insurance issued under the provisions of this Chapter is cancelled or suspended by the insurer who has issued the policy, the insurer shall within seven days notify such cancellation or suspension to the registering authority in whose records the registration of the vehicle covered by the policy of insurance is recorded or to such other authority 102as may be prescribed.",
"name": "Duty of insurer to notify registering authority cancellation or suspension of the policy",
"related_acts": "",
"section_id": 128
},
{
"act_id": 654,
"details": "123. (1) Any person driving a motor vehicle in any public place shall on being so required by a police officer not below the rank of sub inspector of police in uniform authorised in this behalf by the 103Authority or any Inspector of Motor Vehicles or other persons authorised in this behalf by the 104Authority produce the certificate of insurance relating to the use of the vehicle. (2) If, where owing to the presence of a motor vehicle in a public place an accident occurs involving bodily injury to another person, the driver of the vehicle does not at the time produce the certificate of insurance to a police officer, he shall produce the certificate of insurance at the police station at which he makes the report required by section 104. (3) No person shall be liable to conviction under sub section (1) or sub-section (2) by reason only of the failure to produce the certificate of insurance if, within seven days from the date on which its production was required under sub section (1) or, as the case may be, from the date of occurrence of the accident, he produces the certificate to such police station as may have been specified by him to the police officer or to the other authority who required its production or, as the case may be, to the police officer at the site of the accident or to the officer in charge of the police station at which he reported the accident: Provided that, except to such extent and with such modifications as may be prescribed, the provisions of this sub section shall not apply to the driver of a transport vehicle. (4) The owner of a motor vehicle shall give such information as he may be required by or on behalf of a police officer empowered in this behalf by the 105Authority to give for the purpose of determining whether the vehicle was or was not being driven in contravention of section 109 and on any occasion when the driver was required under this section to produce his certificate of insurance. (5) In this section the expression “produce his certificate of insurance” means produce for examination the relevant certificate of insurance or such other evidence as may be prescribed that the vehicle was not being driven in contravention of section 109.",
"name": "Production of certificate of insurance",
"related_acts": "",
"section_id": 129
},
{
"act_id": 654,
"details": "124. The 106Authority may make regulations requiring the owner of any motor vehicle when applying whether by payment of a tax or otherwise for authority to use the vehicle in a public place to produce such evidence as may be prescribed by those to the effect that either- (a) \ton the date when the authority to use the vehicle comes into operation there will be in force the necessary policy of insurance in relation to the use of the vehicle by the applicant or by other persons on his order or with his permission, or (b) \tthe vehicle is a vehicle to which section 109 does not apply.",
"name": "Production of certificate of insurance on application for authority to use vehicle",
"related_acts": "",
"section_id": 130
},
{
"act_id": 654,
"details": "125. (1) The 107Authority may, on the application of a co operative society of transport vehicle owners registered or deemed to have been registered under the 108Co operative Societies Ordinance, 1985 (I of 1985), or under an Act of Parliament governing the registration of Co operative Societies allow the society to transact the business of an insurer for the purposes of this Chapter, subject to the following conditions, namely:- (a) \tthe society shall establish and maintain a fund of not less than two hundred thousand Taka for the first fifty vehicles or fractional part thereof and pro rata for every additional vehicle in the possession, of members of and insured with the society and the said fund shall be lodged in such custody as the Government may 109prescribe by rules and shall not be available for meeting claims or other expenses except in the event of the winding up of the society; (b) \tthe insurance business of the society shall except to the extent permitted under clause (d) be limited to transport vehicles owned by its members, and its liability shall be limited as specified in clause (b) of sub-section (2) of section 110; (c) \tthe society shall if required by the Government re insure against claims above such amount as may be specified by the Government; (d) \tthe society may, if permitted by the Government and subject to such conditions and limitation as may be imposed by it, accept re insurances from other societies allowed to transact the business of an insurer under this section; (e) \tthe provisions of this Chapter, in so far as they relate to the protection of third parties and to the issue and production of certificates, shall apply in respect of any insurance effected by the society; (f) \tan independent authority not associated with the society shall be appointed by the Government to facilitate and assist in the settling of claims against the society; (g) \tthe society shall operate on an insurance basis, that is to say- (i) \tit shall levy its premium in respect of a period not exceeding twelve months, during which period the insured shall be held covered in respect of all accidents arising, subject to the limits of liability specified in clause (b) of sub section (1) of section 110; (ii)\tit shall charge premiums estimated to be sufficient, having regard to the risks, to meet the capitalised value of all claims arising during the period of cover, together with an adequate charge for expenses attaching to the issue of policies and to the settlement of claims arising thereunder; (h) \tthe society shall furnish to the Controller of Insurance the returns required to be furnished by insurers under the provisions of the Insurance Act, 1938 (IV of 1938), and the Controller of Insurance may exercise in respect thereof any of the powers exercisable by him in respect of returns made to him under the said Act; and (i) \tthe society shall, in respect of any business transacted by it of the nature referred to in clause (ii) of the proviso to sub section (1) of section 110, be deemed to be an insurer within the meaning of sub-section (1) of section 10 and sub section (6) of section 13 of the Insurance Act, 1938 (IV of 1938); (2) The provisions of the Insurance Act, 1938 (IV of 1938), relating to the winding up of insurance companies shall to the exclusion of any other law inconsistent therewith and subject to such modification as may be prescribed, apply to the winding up of a co operative society allowed to transact the business of an insurer under this section as if it were an insurance company; but save as hereinbefore provided, the Insurance Act, 1938 (IV of 1938), shall not apply to any such society.",
"name": "Co operative insurance",
"related_acts": "175,175,175,175",
"section_id": 131
},
{
"act_id": 654,
"details": "126. A registering authority or the officer in charge of a police station shall, if so required by a person who alleges that he is entitled to claim compensation in respect of an accident arising out of the use of motor vehicle, or if so required by an insurer against whom a claim has been made in respect of any motor vehicle, furnish to that person or to that insurer, as the case may be, on payment of the prescribed fee any information at the disposal of the said authority or the said police officer relating to the identification marks and other particulars of the vehicle and the name and address of the person who was using the vehicle at the time of the accident or was injured by it.",
"name": "Duty to furnish particulars of vehicle involved in accident",
"related_acts": "",
"section_id": 132
},
{
"act_id": 654,
"details": "127. The District Judge having jurisdiction over the area shall constitute Motor Accidents Claims Tribunal (hereinafter referred to as Claims Tribunal) for that area for the purposes of adjudicating upon claims for compensation in respect of accidents involving the death of, or bodily injury to, or damages to any property of persons arising out of the use of motor vehicles: Provided that in such districts where there is no District Judge, the Government may appoint a person who is or has been a District Judge to be Claims Tribunal.",
"name": "Claims Tribunals",
"related_acts": "",
"section_id": 133
},
{
"act_id": 654,
"details": "128. (1) An application for compensation arising out of an accident of the nature specified in section 127 may be made- (a) \tby the person who has sustained injury or whose property has been damaged; or (b) \twhere the death has resulted from the accident, by all of or any of the legal heirs of the deceased; or (c) \tby any agent duly authorised by the person injured or by all or any of the legal heirs of the deceased, as the case may be: Provided that where all the legal heirs of the deceased have not joined in any such application for compensation the application shall be made on behalf of or for the benefit of all the legal heirs who have not so joined, shall be impleaded as respondents to the application. (2) Every application under sub section (1) shall be made to the Claims Tribunal having jurisdiction over the area in which the accident occurred and shall contain such particular as may be prescribed. (3) No application for compensation under this section shall be entertained unless it is made within six months of the occurrence of the accident: Provided that the Claims Tribunal may entertain the application after expiry of the said period of six months if it is satisfied that the applicant was prevented by sufficient cause from making the application in time.",
"name": "Application for compensation",
"related_acts": "",
"section_id": 134
},
{
"act_id": 654,
"details": "129. Notwithstanding anything contained in any other law for the time being in force where the death or bodily injury to any person gives rise to a claim for compensation under this Ordinance or any other law, the person entitled to compensation may claim such compensation under this Ordinance and also under any other law.",
"name": "Option regarding claims for compensation cases",
"related_acts": "",
"section_id": 135
},
{
"act_id": 654,
"details": "130. On receipt of an application for compensation made under section 128, the Claims Tribunal shall, after issuing a notice under registered post (acknowledgement due) to the owner or owners and the insurer of the motor vehicle concerned or any other party affected or connected and after giving the parties an opportunity of being heard, hold an enquiry into the claim and may make an award determining the amount of compensation which appears to be just, and specifying the person or person to whom the compensation shall be paid, and in making the award the Claims Tribunal shall specify the amount which shall be paid by the insurer or owner or driver of the vehicle involved in the accident or by any other party, by all or any of them, as the case may be.",
"name": "Procedure to be followed by Claims Tribunal",
"related_acts": "",
"section_id": 136
},
{
"act_id": 654,
"details": "131. (1) In holding an enquiry under section 130, the Claims Tribunal may, subject to any 110regulations that may be made in this behalf, follow such summary procedure as it thinks fit for quick adjudication of any claim. (2) The Claims Tribunal shall have all the powers of a Civil Court for the purpose of taking evidence on oath and on enforcing the attendance of witness and of compelling the discovery of and production of documents and material objects and for such other purposes as may be prescribed, and the Claims Tribunal shall be deemed to be a Civil Court for all purposes of section 195 and Chapter XXXV of the Code of Criminal Procedure, 1898 (Act V of 1898). (3) Where in the course of any enquiry the Claims Tribunal is satisfied that- (a) \tthere is collusion between the person making the claim and the person against whom the claim is made; or (b) \tthe person against whom the claim is made has failed to contest the claim; it may, for reasons to be recorded by it in writing, direct that the insurer who may be liable in respect of such claim, shall be impleaded as a party to the proceeding and the insurer so impleaded shall thereupon have right to contest the claim on all or any of the grounds that are available to the person against whom the claim has been made. (4) Subject to any 111regulations that may be made in this behalf, the Claims Tribunal may, for the purpose of adjudication upon the claim for compensation, choose one or more persons possessing special knowledge of any matter relevant to the enquiry to assist it in holding the enquiry.",
"name": "Procedure and powers of Claims Tribunal",
"related_acts": "75",
"section_id": 137
},
{
"act_id": 654,
"details": "132. (1) Any Claims Tribunal adjudicating upon any claim for compensation under this Ordinance may, in any case, where it is satisfied for reasons to be recorded by it in writing that- (a) \tthe policy of insurance is void on the ground that it was obtained by representation of fact which was false in any material particular, or (b) \tany party or insurer has put forward a false or vexatious claim or defence, such as Claims Tribunal may make an order for the payment by the party who is guilty of misrepresentation, by whom such claim or defence has been put forward, of special costs by way of compensation to the insurer or, as the case may be, to the party against whom such claim or defence has been forward: Provided that in case of void and defective policy, the Claims Tribunal may make an order for payment by the insurer to the party affected. (2) No person or insurer against whom an order has been made under this section shall, by reason thereof, be exempted from any criminal liability in respect of such misrepresentation, claim or defence as is referred to in sub-section (1). (3) Any amount awarded by way of compensation under this section in respect of any misrepresentation, claim or defence shall be taken into accounts in any subsequent suit for damages, for compensation in respect of such misrepresentation, claim or defence.",
"name": "Award of compensatory costs in certain cases",
"related_acts": "",
"section_id": 138
},
{
"act_id": 654,
"details": "133. Any person aggrieved by an award of a Claims Tribunal may, within ninety days from the date of the award, prefer an appeal to the High Court Division: Provided that the High Court Division may entertain the appeal after expiry of the said period of ninety days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time.",
"name": "Appeals",
"related_acts": "",
"section_id": 139
},
{
"act_id": 654,
"details": "134. Where any money is due from any person under an award, the Claims Tribunal may, on an application made to it by the person entitled to the money, issue a certificate for the amount, which shall be executed as a decree of a Civil Court.",
"name": "Recovery of money due under award",
"related_acts": "",
"section_id": 140
},
{
"act_id": 654,
"details": "135. No Civil Court shall have jurisdiction to entertain any question relating to any claim for compensation which may be adjudicated upon by the Claims Tribunal for any area, and no Civil Court shall have power to issue injunction in respect of any action taken or to be taken by or before the Claims Tribunal in respect of the claim for compensation under this Ordinance.",
"name": "Bar on the jurisdiction of Civil Courts",
"related_acts": "",
"section_id": 141
},
{
"act_id": 654,
"details": "136. (1) The 113Authority may make regulations for the purpose of carrying into effect the provisions of this Chapter. (2) Without prejudice to the generality of the foregoing power, such 114regulations may provide for (a) \tthe forms to be used for the purposes of this Chapter; (b) \tthe making of applications for and the issue of certificates of insurance; (c)\tthe issue of duplicates to replace certificates of insurance mutilated, defaced, lost or destroyed; (d)\tthe custody, production, cancellation and surrender of certificates of insurance; (e)\tthe records to be maintained by insurers of policies of insurance issued under this Chapter; (f)\tthe identification by certificates or otherwise of persons or vehicles exempted from the provisions of this Chapter; (g) \tthe furnishing of information respecting policies of insurance by insurers; 115 * * * (i) \tadapting the provisions of this Chapter to vehicles brought into Bangladesh by persons making only a temporary stay therein by applying those provisions with prescribed modifications; (j) \tthe form of application for claims for compensation and the particulars it may contain, the fees, if any, to be paid in respect of such application; (k) \tthe procedure to be followed by a Claims Tribunal in holding an enquiry under this Chapter; (l) \tthe powers vested in a Civil Court which may be exercised by a Claims Tribunal; (m) the form and manner in which, and the fees, if any, on payment of which an appeal may be preferred against an award of a Claims Tribunal; and (n) \tany other matter which is to be or may be, prescribed.",
"name": "Power to make regulations",
"related_acts": "",
"section_id": 142
},
{
"act_id": 654,
"details": "137. Whoever contravenes any provision of this Ordinance or of any 116rules or regulations made thereunder shall, if no other penalty is provided for the offence, be punishable with fine which may extend to 117two hundred Taka, or, if having been previously convicted of any offence under this Ordinance he is again convicted of an offence under this Ordinance, with fine which may extend to 118four hundred Taka.",
"name": "General provision for punishment of offence",
"related_acts": "",
"section_id": 143
},
{
"act_id": 654,
"details": "119138. Whoever drives a motor vehicle or public service vehicle or whoever causes or allows a motor vehicle or public service vehicle to be driven in contravention of the provisions of sub section (1) of section 3 shall be punishable with imprisonment which may extend to four months, or with fine which may extend to five hundred Taka, or with both.",
"name": "Driving without licence",
"related_acts": "",
"section_id": 144
},
{
"act_id": 654,
"details": "139. Whoever uses or being the owner or person in charge of motor vehicle fits, causes or allows fitting of any horns or any sound producing devices prohibited by any competent authority having jurisdiction over the area or prohibited under the provision of this Ordinance or any 120rules or regulations made thereunder or uses horn or any sound producing device where its use is prohibited shall be punishable with fine which may extend to 121one hundred Taka.",
"name": "Fitting and using of prohibited horns or other sound producing device",
"related_acts": "",
"section_id": 145
},
{
"act_id": 654,
"details": "140. (1) Whoever wilfully disobeys and direction lawfully given by any person or authority empowered under this Ordinance to give such direction, or obstructs any person or authority in the discharge of any functions which such person or authority is required or empowered under this Ordinance to discharge, or, being required by or under this Ordinance to supply any information, withholds such information or gives information which he knows to be false or which he does not believe to be true, shall, if no other penalty is provided for the offence, be punishable with imprisonment for a term which may extend to 122one month or with fine which may extend to 123five hundred Taka, or with both. (2) Whoever, otherwise than with lawful authority or reasonable excuse, drives or causes to be driven a motor vehicle in opposite direction on one way road or contrary to any notice shall be punishable with fine which may extend to 124two hundred Taka.",
"name": "Disobedience of orders, obstruction and refusal of information",
"related_acts": "",
"section_id": 146
},
{
"act_id": 654,
"details": "141. (1) Whoever, being disqualified under this Ordinance for holding or obtaining a driving licence, drives a motor vehicle in a public place or applies for or obtains a driving licence or, not being entitled to have a driving licence issued to him free of endorsement, applies for or obtains a driving licence without disclosing the endorsements made on a driving licence previously held by him or, being disqualified under this Ordinance for holding or obtaining a driving licence uses in Bangladesh a driving licence such as is referred to in sub section (2) of section 10, shall be punishable with imprisonment for a term which may extend to 125three months, or with fine which may extend to 126five hundred Taka, or with both, and any driving licence so obtained by him shall be of no effect. (2) Whoever, being disqualified under this Ordinance, for holding or obtaining a conductor's licence, acts as a conductor of a stage carriage or a contract carriage in a public place or applies for or obtains a conductor's licence, or not being entitled to have a conductor's licence issued to him free of endorsement, applies for or obtains a conductor's licence without disclosing the endorsement made on a conductor's licence previously held by him, shall be punishable with imprisonment for a term which may extend to 127one month or with fine which may extend to 128two hundred Taka or with both, and any conductor's licence so obtained by him shall be of no effect. (3) Whoever while driving a motor vehicle in a public place fails to produce his valid driving licence whenever required to do so by any authority acting under this Ordinance or any 129rules or regulations made thereunder shall be punished with fine of fifty Taka.",
"name": "Offences relating to licence",
"related_acts": "",
"section_id": 147
},
{
"act_id": 654,
"details": "142. 130(1) Whoever drives any motor vehicle or a tractor or a locomotive in contravention of section 85 shall be punishable for a first offence with imprisonment for a term which may extend to one month or with fine which may extend to three hundred Taka or with both and for any subsequent offence 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 his driving licence shall be suspended for a period not exceeding one month. (2) Whoever causes any person who is employed by him or is subject to his control in driving to drive a motor vehicle in contravention of section 85 shall be punishable for a first offence with imprisonment which may extend to one month, or with fine which may extend to three hundred Taka, or with both and for any subsequent offence with imprisonment which may extend to three months, or with fine which may extend to five hundred Taka, or with both. (3) and (4) Omitted by section 20 of the Motor Vehicles (Amendment) Act, 1990 (Act No. XIX of 1990). (5) No person shall be convicted of an offence punishable under 131sub-section (1) solely on the evidence of one witness to the effect that in the opinion of the witness such person was driving at a speed which was unlawful, unless that opinion is shown to be based on an estimate obtained by the use of some mechanical device. (6) The publication of a time table under which or the giving of any direction that, any journey or part of a journey is to be completed within a specified time shall, if in the opinion of the Court it is not practicable in the circumstances of the case for that journey or part of a journey to be completed in the specified time without infringing the provisions of section 85, be prima facie evidence that the person who published the time table or gave the direction has committed an offence punishable under 132sub-sections (2).",
"name": "Driving at excessive speed",
"related_acts": "",
"section_id": 148
},
{
"act_id": 654,
"details": "143. Whoever drives a motor vehicle at a speed or in a manner which is dangerous to the public, having regard to all the circumstances of the case including the nature, condition and use of the place where the vehicle is driven and the amount of traffic which actually is at the time or which might reasonably be expected to be in the place, shall be punishable on a first conviction for the offence with imprisonment for a term which may extend to 133six months, or with fine which may extend to 134five hundred Taka, and his driving licence shall be suspended for a specified period, and for a subsequent offence if committed within three years of the commission of a previous similar offence with imprisonment for a term which may extend to 135six months, or with fine which may extend to 136one thousand Taka, or with both, and his driving licence shall be 137suspended for a period not exceeding one month.",
"name": "Driving recklessly or dangerously",
"related_acts": "",
"section_id": 149
},
{
"act_id": 654,
"details": "138144. Whoever while driving or attempting to drive a motor vehicle is under the influence of drink or drug to such extent as to be incapable of exercising proper control over the vehicle, shall be punishable for a first offence with imprisonment which may extend to three months, or with fine which may extend to one thousand Taka, or with both, and for a subsequent offence with imprisonment which may extend to two years, or with fine which may extend to one thousand Taka, or with both and his driving licence shall be suspended for a specified period.",
"name": "Driving while under the influence of drink or drug",
"related_acts": "",
"section_id": 150
},
{
"act_id": 654,
"details": "145. Whoever drives a motor vehicle in any public place when he is to his knowledge suffering from any disease or disability calculated to cause his driving of the vehicle to be a source of danger to the public, shall be punishable 139for a first offence with fine which may extend to five hundred Taka and his driving licence shall be suspended for a specified period and for a subsequent offence with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred Taka or, with both.",
"name": "Driving when mentally or physically unfit to drive",
"related_acts": "",
"section_id": 151
},
{
"act_id": 654,
"details": "146. Whoever fails to comply with the provisions of clause (c) of sub section (1) of section 102 or, of section 104 shall be punishable with imprisonment for a term which may extend to 140three months, or with fine which may extend to 141five hundred Taka, or with both or, if having been previously convicted of an offence under this section, with imprisonment for a term which may extend to 142six months, or with fine which may extend to 143one thousand Taka, or with both.",
"name": "Punishment for offence relating to accidents",
"related_acts": "",
"section_id": 152
},
{
"act_id": 654,
"details": "147. Whoever abets the commission of an offence under section 143, or 145, shall be punishable with the punishment provided for the offence.",
"name": "Punishment for abetment of certain offences",
"related_acts": "",
"section_id": 153
},
{
"act_id": 654,
"details": "148. Whoever without the written consent of the Government permits or take part in a race or trial of speed between motor vehicles in any place shall be punishable with imprisonment for a term which may extend to 144one month, or with fine which may extend to 145five hundred Taka, or with both, and his driving licence shall be suspended for a period which may extend to 146one month.",
"name": "Racing or a trial of speed",
"related_acts": "",
"section_id": 154
},
{
"act_id": 654,
"details": "147149. Any person who drives or causes or allows to be driven in any public place a motor vehicle or trailer while the vehicle or trailer has any defect, which such person knows of or could have discovered by the exercise of ordinary care and which is calculated to render the driving of the vehicle a source of danger to persons and vehicles using such place, shall be punishable with imprisonment for a term which may extend to one month or with fine which may extend to two hundred and fifty Taka, or with both, or, if as a result of such defect an accident is caused, causing bodily injury or damage to property, with imprisonment which may extend to three months, or with fine which may extend to one thousand Taka, or with both.",
"name": "Using vehicle in unsafe condition",
"related_acts": "",
"section_id": 155
},
{
"act_id": 654,
"details": "150. (1) Whoever drives or causes or allows or lets out a motor vehicle for use in any public place, the smoke of which would constitute a health hazard, shall be punishable with fine which may extend to 148two hundred Taka. (2) Any police officer not below the rank of Sub Inspector of Police in uniform authorised in this behalf by the 149Authority or any Inspector of Motor Vehicles or other persons authorised in this behalf by the Authority may seize and detain such vehicle for such time as may be necessary to ascertain if the smokes constitute a health hazard. (3) No person shall be convicted of an offence punishable under sub-section (1) solely on the evidence of a witness unless that opinion is based on a test by the competent person.",
"name": "Using of motor vehicles emitting smokes.",
"related_acts": "",
"section_id": 156
},
{
"act_id": 654,
"details": "151. Whoever, being an importer of or dealer in motor vehicles, sells or delivers or offers to sell or deliver a motor vehicle or trailer in such condition that the use thereof in a public place would be in contravention of Chapter VI or any rule made thereunder or alters the motor vehicle or trailer so as to render its condition such that its use in a public place would be in contravention of Chapter VI or any rule made thereunder shall be punishable with imprisonment which may extend to two years, or with fine which may extend to five thousand Taka or with both: Provided that, no person shall be convicted under this section if he proves that he had reasonable cause to believe that the vehicle would not be used in a public place until it had been put into a condition in which it might lawfully be so used.",
"name": "Sale of vehicle in or alteration of vehicle to a condition contravening this Ordinance",
"related_acts": "",
"section_id": 157
},
{
"act_id": 654,
"details": "152. (1) Whoever drives a motor vehicle or causes or allows a motor vehicle to be used or let out a motor vehicle for use in contravention of the provisions of section 32 or without the certificate of fitness under section 47 or the permit required by sub section (1) of section 51 or in contravention of any condition of such permit relating to the route on which or the area in which or the purpose for which the vehicle may be used or to the maximum of passengers and maximum weight of luggage that may be carried on the vehicle, 150shall be punishable for a first offence with imprisonment for a term which may extend to three months, or with fine which may extend to two thousand Taka, or with both and for any subsequent offence with imprisonment for a term which may extend to six months, or with fine which may extend to five thousand Taka, or with both. (2) Nothing in this section shall apply to the use of a motor vehicle in an emergency for the conveyance of persons suffering from sickness or injury or for the transport of materials for repair or of food or materials to relieve distress or of medical supplies for a like purpose: Provided that, the person using the vehicle reports such to the Regional Transport Committee within seven days.",
"name": "Using of motor vehicle without registration or certificate of fitness or permit",
"related_acts": "",
"section_id": 158
},
{
"act_id": 654,
"details": "153. Whoever engages himself as an agent or canvasser in contravention of the provisions of section 79 or any 151regulations made thereunder, shall be punishable for first offence with fine which may extend to one thousand Taka and for any second or subsequent offence with imprisonment which may extend to 152six months, 153or with fine which may extend to two thousand Taka or with both.",
"name": "Agents and canvassers without proper authority",
"related_acts": "",
"section_id": 159
},
{
"act_id": 654,
"details": "154154. Whoever drives a motor vehicle or causes or allows a motor vehicle to be driven in contravention of the provisions of section 86 or of the conditions prescribed under that section or in contravention of any prohibition or restriction imposed under section 86 or section 88 shall be punishable for a first offence with fine which may extend to one thousand Taka and for any subsequent offence with imprisonment for a term which may extend to six months, or, with fine which may extend to two thousand Taka, or with both.",
"name": "Driving vehicles exceeding permissible weight",
"related_acts": "",
"section_id": 160
},
{
"act_id": 654,
"details": "155. Whoever drives a motor vehicle or causes or allows a motor vehicle to be driven in contravention of the provisions of section 109 shall be punishable with 155fine which may extend to two thousand Taka.",
"name": "Driving uninsured vehicle",
"related_acts": "",
"section_id": 161
},
{
"act_id": 654,
"details": "156. Whoever takes and drives away any motor vehicle without having either the consent of the owner thereof or other lawful authority shall be punishable with imprisonment which may extend to 156three months or with fine which may extend to 157two thousand Taka, or with both.",
"name": "Taking vehicle without authority",
"related_acts": "",
"section_id": 162
},
{
"act_id": 654,
"details": "157. Whoever causes obstruction in a public street or public place by keeping a motor vehicle for repair or keeping or storing spare parts of motor vehicles or any articles for sale or keeps any article for any other purposes causing obstruction to flow of traffic shall be punishable with a fine which may extend to 158five hundred Taka and such vehicles or spare parts or articles shall be liable to confiscation.",
"name": "Obstruction in public street or public place",
"related_acts": "",
"section_id": 163
},
{
"act_id": 654,
"details": "158. Whoever otherwise than with lawful authority or reasonable excuse enters or mounts any stationary motor vehicle or tampers with the brake or any part of the mechanism of any part of the body, or the speed governor or the speed governor seal, or the taxi meter (fare meter), or the taxi meter seal of a motor vehicle shall be punishable with imprisonment which may extend to 159three months, or with fine which may extend to 160one thousand Taka, or with both.",
"name": "Unauthorised interference with vehicle",
"related_acts": "",
"section_id": 164
},
{
"act_id": 654,
"details": "159. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898), 161a police officer not below the rank of Sub-Inspector or Sergeant or any Inspector of Motor Vehicles authorised in this behalf or other person authorised in this behalf by the 162Authority shall frame a charge of the offences punishable under sections 137, 139, 140, 142, 146, 149, 150, 151, 152, 153, 154, 155, 156, 157 and 158 one copy of which shall be delivered to the accused person who shall acknowledge receipt thereof under his signature or thumb-impression and another copy to be forwarded to the Superintendent of Police or the Deputy Commissioner of Police (Traffic) in the Metropolitan Area or such authority as is notified by the 163Authority in this behalf having jurisdiction in the area in which the offence is committed. (2) The authorised police officer or other authority shall impose a fine as provided for, in the section, in the charge and if the fine so specified is paid at the specified place on or before the specified date either in cash or by money-order, no further proceedings shall be taken against the offender in respect of that offence. (3) If the fine is not paid in the manner specified in the charge, the Superintendent of Police or the Deputy Commissioner of Police (Traffic) in the Metropolitan Area having jurisdiction in the area in which the offence was committed, or any officer authorised by him in this behalf, on receipt of a report from the authorised police officer or other authority may lay a complaint against the offender before a court of competent jurisdiction. (4) Where a person, on his failure to pay the fine has been prosecuted under sub section (3), the provision of clause (b) of sub section (1) of section 165 shall not apply to him. (5) Any person who refuses or avoids to accept a copy of the charge made over to him under this section or to acknowledge receipt thereof, may be arrested without warrant by the officer acting under this section and shall, on conviction before a Magistrate, be punished in addition to any penalty that may be incurred by him in respect of the offence specified therein with fine which may extend to two hundred and fifty Taka.",
"name": "Special procedure for trial of offences",
"related_acts": "75",
"section_id": 165
},
{
"act_id": 654,
"details": "160. (1) A police officer in uniform may arrest without warrant any person who commits in his view an offence punishable under section 32 or section 51 or section 143 or section 144 or section 145 or section 146 or section 147 or section 148 or section 149 or section 154 or section 156. (2) A police officer in uniform may arrest without warrant- (a) \tany person who being required under the provisions of this Ordinance to give his name and address refuses to do so, or gives a name or address which the police officer has reason to believe to be false, or (b) \tany person concerned in an offence under this Ordinance or reasonably suspected to have been so concerned, if the police officer has reason to believe that he will abscond or otherwise avoid the service of a summons. (3) A police officer arresting without warrant the driver of a motor vehicle shall, if the circumstances so require, take or cause to be taken any steps he may consider proper for the safe custody of the vehicle or to take it to the nearest Police station. (4) A police officer acting under this section shall, as soon as possible, intimate to the owner the place where the vehicle has been removed or where the driver has been taken and in any case within twenty four hours of the occurrence.",
"name": "Power of arrest without warrant",
"related_acts": "",
"section_id": 166
},
{
"act_id": 654,
"details": "161. (1) Any police officer 164not below the rank of Sub-Inspector or Sergeant or any Inspector of Motor Vehicles authorised in this behalf or other person authorised in this behalf by the 165Authority may, if he has reason to believe that any identification mark carried on a motor vehicle or any licence, permit, certificate of registration, certificate of fitness, certificate of insurance or other document produced to him by the driver or person in charge of a motor vehicle is a false document within the meaning of section 464 of the Penal Code seize the mark or document and call upon the driver or owner of the vehicle to account for his possession of or the presence in the vehicle of such mark or document. (2) Any police officer 166not below the rank of Sub-Inspector or Sergeant or any Inspector of Motor Vehicles authorised in this behalf or other person authorised in this behalf by the 167Authority may, if he has reason to believe that the driver or the conductor, if any, of a motor vehicle who is charged with any offence under this Ordinance may abscond or otherwise avoid the service of a summons, seize any licence held by such driver or conductor and forward it to the Court taking cognizance of the offence and the said Court shall, on the first appearance of such driver or conductor before it, return the licence to him in exchange for the temporary acknowledgement given under sub section (3). (3) A police officer or any Inspector of Motor Vehicles or other person seizing a licence under sub section (2) shall give to the person surrendering the licence a temporary acknowledgement therefore and such acknowledgement shall authorise the holder to drive or to act as conductor until the licence has been returned to him or until such date as may be specified by the police officer or by the Inspector of Motor Vehicles or by other person in the acknowledgement, whichever is earlier or the Court has otherwise ordered.",
"name": "Power of police officer to impound document",
"related_acts": "",
"section_id": 167
},
{
"act_id": 654,
"details": "162. Any police officer or any Inspector of Motor Vehicles authorised in this behalf or other person authorised in this behalf by the 168Authority may, if he has reason to believe that a motor vehicle has been or is being used in contravention of the provisions of sub section (1) of section 32 or without the certificate of fitness required by sub section (1) of section 47 or without the permit required by sub section (1) of section 51 or in contravention of any condition of such permit relating to the route on which or the area in which or the purpose for which the vehicle may be used, seize and detain the vehicle, and for this purpose take or cause to be taken any steps he may consider proper for the temporary safe custody of the vehicle: Provided that, where any such officer or person has reason to believe that a vehicle has been or is being used without the certificate of fitness required by sub section (1) of section 47 or without the permit required by sub section (1) of section 51, he may, instead of seizing the vehicle, seize the certificate of registration of the vehicle, and shall issue an acknowledgement in respect thereof.",
"name": "Power to detain vehicles used without certificate of registration or certificate of fitness or permit",
"related_acts": "",
"section_id": 168
},
{
"act_id": 654,
"details": "163. (1) Notwithstanding anything to the contrary contained in this Ordinance or any other law for the time being in force, a police officer in uniform, not below the rank of a sub-Inspector or Sergeant, specially empowered in this behalf by the competent authority or any Inspector of Motor Vehicles or other persons authorised in this behalf by the 169Authority, may, in any area to be notified by the 170Authority in this behalf, charge on the spot any person who, in his presence or view, commits any of the offences set forth in the Twelfth Schedule with the Commission of that offence. Explanation. For the purpose of the sub section, “competent authority” shall be such authority as may be notified by the 171Authority. (2) An officer acting under sub section (1) shall draw up the charge in the form prescribed, specifying the nature of the offence, the fine as mentioned against such offence in the Twelfth Schedule payable in respect thereof and the accused person shall pay the fine on the spot by means of stamps to the officer who made the charge and shall receive an acknowledgement therefore. (3) If the accused person has refused to receive the copy of the charge or if the fine is not paid in the manner specified in sub section (2), the officer acting under sub section (1) shall arrange to send the vehicle which has been used in the commission of the offence to the officer in charge of the nearest police-station who shall keep the vehicle in his custody and shall release it as soon as the fine is paid and shall also send an intimation to the officer who forwarded the vehicle. (4) The accused person may, prefer an appeal to the court which is competent to hear appeals against the orders or sentences of Magistrates of the third class and the decision of the appellate authority in this respect shall be final.",
"name": "Power to charge certain offenders on the spot",
"related_acts": "",
"section_id": 169
},
{
"act_id": 654,
"details": "164. (1) Notwithstanding anything to the contrary contained in this Ordinance or any other law for the time being in force, any police officer of or above the rank of Superintendent of Police or Deputy Commissioner 172or an officer of the Authority not below the rank of Assistant Director having jurisdiction over the area specially empowered in this behalf by the 173Authority, or any other person empowered in this behalf by the 174Authority, may deprive any person from holding the driving licence for a period which may extend to three months, who, in his presence or view, commits any or the misdemeanours in traffic as mentioned hereunder- (a) \tdriving against red light; or- (b) \tovertaking just before or on the pedestrian crossing or where overtaking is prohibited; or (c) \tdriving on to a main road without stopping and exceeding the speed limit indicated on the road; or (d) \tnot giving way to other vehicle intentionally; or (e) \tdriving in opposite direction on one way road; or (f) \tany other matter as may be prescribed. (2) Any officer acting under sub section (1) shall seize any driving licence held by such driver and shall give to the person surrendering the driving licence an acknowledgement therefor, specifying the period of deprivation and the nature of offence thereof and the name of the licensing authority to whom report shall be made on the expiry of the said period for getting back the driving licence. (3) The authority making the order under sub section (1) shall endorse the period of deprivation and reasons thereof in the driving licence and shall forward it to the licensing authority having jurisdiction over the area or the licensing authority who issued it or last renewed it. (4) The licensing authority, on receipt of the driving licence, shall enter the endorsement in the record and keep the licence until the period of deprivation expires and thereafter shall return the licence to the holder in exchange of the acknowledgement given under sub section (2). (5) If, at the time of committing the offence, the driving licence is not in the possession of the person committing the offence, the authority acting under sub-section (1) may take or cause to be taken any steps he may consider proper for the disposal of the case.",
"name": "Deprivation of driving licence",
"related_acts": "",
"section_id": 170
},
{
"act_id": 654,
"details": "165. (1) A Court taking cognizance of an offence under this Ordinance shall, unless the offence is an offence specified in Part A of the Fifth Schedule, state upon the summons to be served on the accused person that he- (a) \tmay appear by pleader and not in person, or (b) \tmay by a specified date prior to the hearing of the charge plead guilty to the charge by registered letter and remit to the Court such sum not exceeding two hundred and fifty Taka as the Court may specify. (2) Where the offence dealt with in accordance with sub section (1) is an offence specified in Part B of the Fifth Schedule, the accused person shall, if he pleads guilty to the charge, forward his licence to the Court with the letter containing his plea in order that the conviction may be endorsed on the licence. (3) Where an accused person pleads guilty and remits the sum specified and has complied with the provisions of sub section (2), no further proceedings in respect of the offence shall be taken against him, nor shall he be liable to be disqualified for holding or obtaining a licence by reason of his having pleaded guilty.",
"name": "Summary disposal of cases",
"related_acts": "",
"section_id": 171
},
{
"act_id": 654,
"details": "166. Every Court of competent jurisdiction or any other competent authority unless otherwise provided, shall take cognizance of any offence committed under this Ordinance or the rules made thereunder when reported by any member of the 175* * * Authority or the Transport Committee or any Inspector of Motor Vehicles or any office of the Transport Department authorised in this behalf by the Chairman of the 176* * * Authority or by the Transport Committee or by the Government.",
"name": "Cognizance of offences",
"related_acts": "",
"section_id": 172
},
{
"act_id": 654,
"details": "167. (1) No person prosecuted for an offence, punishable under section 142 or section 143 shall be convicted unless- (a) \twithin twenty one days from the commission of the offence, a notice specifying the nature of the offence and the time and place where it is alleged to have been committed was served on or sent by registered post to him or the person registered as the owner of the vehicle at the time of the commission of the offence, or (b) \twithin thirty days of the commission of the offence, a summons for the offence was served on him: Provided that, nothing in this section shall apply where the Court is satisfied that- (i)\tThe failure to serve the notice or summons referred to in this sub-section was due to the fact that neither the name and address of the accused nor the name and address of the registered owner of the vehicle could with reasonable diligence have been ascertained in time, or (ii)\tsuch failure was brought about by the conduct of the accused. (2) No Court shall, unless otherwise provided, make any award of less than twenty five per cent of the maximum fine provided for the offence punishable under this Ordinance.",
"name": "Restriction on conviction",
"related_acts": "",
"section_id": 173
},
{
"act_id": 654,
"details": "168. Every Court by which any person holding a driving licence or a conductor's licence or a permit is convicted of an offence under this Ordinance or an offence in the commission of which a motor vehicle was used shall send intimation to- (a) \tthe licensing authority which issued the driving licence or the conductor's licence; (b) \tthe licensing authority which last renewed the driving licence or the conductor's licence; (c) \tthe Transport Committee which issued the permit and the authority which countersigned it; and every such intimation shall state the name and address of the holder of the licence, the licence number, the date of issue and renewal of the same, the permit number, the date of issue and renewal of the permit the nature of the offence, the punishment awarded for the offence and such other particulars as may be prescribed.",
"name": "Courts to send intimations about conviction",
"related_acts": "",
"section_id": 174
},
{
"act_id": 654,
"details": "169. No Court inferior to that of a Magistrate of the second class shall try any offence punishable under this Ordinance or any 177rules or regulations made thereunder.",
"name": "Jurisdiction of Courts",
"related_acts": "",
"section_id": 175
},
{
"act_id": 654,
"details": "170. Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898), an offence punishable under sections 137, 139, 140, 142, 146, 149, 151, 152, 153, 154, 155, 156 and 158, may be compounded by any Magistrate of the first or second class or any police officer of or above the rank of Deputy Superintendent of Police specially authorised in this behalf by the Government and the cases may be disposed of in the manner as may be prescribed.",
"name": "Compounding of Offences",
"related_acts": "75",
"section_id": 176
},
{
"act_id": 654,
"details": "171. Any 178regulation which the Authority is empowered to make under this Ordinance may, notwithstanding the absence of any express provision to that effect, provide for the levy of the such fees in respect of applications, amendment of documents, test, endorsements, badges, plates, countersignature, authorisations, supply of statistics, or copies of the documents or orders and for any other purpose or matter involving the rendering of any service by the officers or authorities under this Ordinance or any 179regulation made thereunder as may be considered necessary: Provided that, the Government may, if it considers so to do, in the public interest, by general or special order, exempt any class of persons from the payment of any such fee either in part or in full.",
"name": "Power to levy fee",
"related_acts": "",
"section_id": 177
},
{
"act_id": 654,
"details": "172. The 181Authority may make regulations for carrying out the purposes of this Chapter.",
"name": "Power to make regulations",
"related_acts": "",
"section_id": 178
},
{
"act_id": 654,
"details": "173. (1) Every power to make rules given by the this Ordinance is subject to the condition of the 183rules or regulations being made after previous publication. (2) All 184rules or regulations made under this Ordinance shall be published in the official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. 185(3) All regulations under this Ordinance shall be made with the previous approval of the Government.",
"name": "Publication of and commencement of regulations",
"related_acts": "",
"section_id": 179
},
{
"act_id": 654,
"details": "186174. The Government may, by rules,- (a) \tauthorise any officer of the Authority to exercise the powers exercisable by a police officer under this Ordinance; (b) prescribe conditions under which such powers shall be exercised; (c) \tprescribe the uniform to be worn by such officers while exercising such powers.",
"name": "Officers to exercise powers of police officers",
"related_acts": "",
"section_id": 180
},
{
"act_id": 654,
"details": "175. Notwithstanding anything contained in this Ordinance, the Government may, by notification in the official Gazette, authorise any officer to exercise and discharge in lieu of any other authority specified in or under this Ordinance, such power and functions as may, from time to time, be specified in the notification.",
"name": "Any authority by the Government to exercise modified powers",
"related_acts": "",
"section_id": 181
},
{
"act_id": 654,
"details": "176. (1) Where an appeal has been preferred or an application for revision has been made against any order passed by an original authority under this Ordinance, the appeal or the application for revision shall not operate as a stay of the order passed by the original authority and such order shall remain in force pending the disposal of the appeal or the application for revision, as the case may be, unless the prescribed appellate authority or revisional authority otherwise directs. (2) Notwithstanding anything contained in sub section (1), if application made by a person for renewal of permit has been rejected by the original authority and such person has preferred an appeal or made an application for revision under this Ordinance against such rejection, the appellate authority or, as the case may be, the revisional authority may by order direct that the permit shall, notwithstanding the expiration of the term specified therein, continue to be valid until the appeal or the application for revision is disposed of.",
"name": "Effect of appeal and revision on order passed by original authority",
"related_acts": "",
"section_id": 182
},
{
"act_id": 654,
"details": "177. (1) The Motor Vehicles Act, 1939 (Act IV of 1939), hereinafter referred to as the said Act, is hereby repealed. (2) Notwithstanding the repeal of the said Act, any notification, rule, regulation or notice issued, or any appointment or declaration made, or any licence, permission or exemption granted, or any confiscation made or any penalty or fine imposed, or any forfeiture, cancellation, or any other thing done or any other action taken under the said Act shall, so far as it is not inconsistent with the provisions of this Ordinance, be deemed to have been issued, made, granted, imposed, done or taken under the corresponding provision of this Ordinance. (3) If any conductor's licence to act as a conductor of a stage carriage or contract carriage (by whatever name called) has been granted by any licensing authority and is effective before the commencement of this Ordinance, it shall continue to be effective for the period for which it would have been effective had the Motor Vehicles Ordinance, 1983, not been promulgated, and every such conductor's licence shall be deemed to be conductor's licence granted under this Ordinance as if this Ordinance has been in force on the date on which that conductor's licence was granted.",
"name": "Repeal and savings",
"related_acts": "654",
"section_id": 183
}
],
"text": "An Ordinance to consolidate and amend the law relating to motor vehicles.♣ WHEREAS it is expedient to consolidate and amend the law relating to motor vehicles in Bangladesh; NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the Chief Martial Law Administrator is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 656,
"lower_text": [
"1 The word “four” was substituted for the word “three” by section 5 of The National Curriculum and Text-Book Board (Amendment) Act, 2010 (Act No. 4 of 2010)."
],
"name": "The National Curriculum and Text-Book Board Ordinance, 1983",
"num_of_sections": 20,
"published_date": "2nd October, 1983",
"related_act": [
656
],
"repelled": true,
"sections": [
{
"act_id": 656,
"details": "1. This Ordinance may be called the National Curriculum and Text-Book Board Ordinance, 1983.",
"name": "Short title",
"related_acts": "656",
"section_id": 1
},
{
"act_id": 656,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“Board” means the National Curriculum and Text Book Board established under section 3; (b)\t“Chairman” means the Chairman of the Board; (c)\t“member” means a member of the Board; (d)\t“prescribed” means prescribed by regulations; (e)\t“school” means any educational institution excluding a Madrasah which imparts education up to class XII, whether such institution is recognised or approved under any law or by any authority or not; (f)\t“text book” means a text book for any class of any school.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 656,
"details": "3. (1) As soon as may be after the commencement of this Ordinance, the Government shall, by notification in the official Gazette, establish a Board to be called the National Curriculum and Text Book Board. (2) The Board shall be a body corporate, having perpetual succession and a common seal, with powers, subject to the provisions of this Ordinance and the regulations, to acquire, hold and dispose of property, both movable and immovable, and shall by the said name sue and be sued. (3) The Board shall, in the discharge of its functions, be guided by such directives and instructions as the Government may, from time to time, give.",
"name": "Establishment of the Board",
"related_acts": "",
"section_id": 3
},
{
"act_id": 656,
"details": "4. (1) The head office of the Board shall be situated at Dhaka. (2) The Board may, with the prior approval of the Government, open branch offices at any place within Bangladesh.",
"name": "Head Office, etc.",
"related_acts": "",
"section_id": 4
},
{
"act_id": 656,
"details": "5. (1) The Board shall consist of a Chairman and 1four other members to be appointed by the Government. (2) The Chairman and other members shall be full time officers and shall hold office on such terms and conditions as the Government may determine.",
"name": "Composition of the Board",
"related_acts": "",
"section_id": 5
},
{
"act_id": 656,
"details": "6. The Chairman shall be the chief executive of the Board and shall perform such functions as may be prescribed.",
"name": "Chairman",
"related_acts": "",
"section_id": 6
},
{
"act_id": 656,
"details": "7. (1) There shall be a Secretary to the Board who shall be appointed by the Government on such terms and conditions as may be prescribed. (2) The Secretary shall perform such functions as the Board may decide.",
"name": "Secretary",
"related_acts": "",
"section_id": 7
},
{
"act_id": 656,
"details": "8. (1) The meetings of the Board shall be held at such times and places and in such manner as may be prescribed: Provided that, until so prescribed, such meetings shall be held at such times and places as may be determined by the Chairman. (2) To constitute a quorum at a meeting of the Board, not less than two members shall be present. (3) All meetings of the Board shall be presided over by the Chairman and, in his absence, by a member chosen by the members present from amongst themselves. (4) At a meeting of the Board, each member shall have one vote, and, in the event of an equality of votes, the Chairman shall have a second or casting vote. (5) No act or proceedings of the Board shall be invalid or be called in question merely on the ground of any vacancy in, or any defect in the constitution of, the Board.",
"name": "Meetings of the Board",
"related_acts": "",
"section_id": 8
},
{
"act_id": 656,
"details": "9. \tThe functions of the Board shall be- (a) \tto examine curricula and syllabi of schools and suggest revision thereof; (b) \tto pre test and evaluate the effectiveness of the curricula, syllabi and text books of schools; (c) \tto arrange for the preparation, of the manuscripts of the text books; (d) \tto arrange for the publication, distribution and sale of text books; (e) \tto approve of the text books, prize books, library and reference books; (f) \tto encourage scientific, literary and cultural works by providing grants and donations; (g) \tto donate books to the poor and deserving students; (h) \tto do such other acts and things as may be assigned to it by the Government from time to time.",
"name": "Functions of the Board",
"related_acts": "",
"section_id": 9
},
{
"act_id": 656,
"details": "10. (1) There shall be the following committees of the Board, namely:- (a) \tSyllabus Committee; (b) \tText Book Committee; (2) Each committee shall consist of such number of members as the Government may determine. (3) The members of the committees shall be appointed by the Government on the recommendation of the Board from among the following persons, namely:- (a) \tsubject specialists; (b) \tclass room teachers; (c) \trenowned intellectuals; (d) \tofficers of the Board. (4) The members of the committees shall hold office on such terms and conditions as the Government may determine. (5) The Board may appoint such other committees as it deems necessary to assist it in the performance of its functions.",
"name": "Appointment of committees",
"related_acts": "",
"section_id": 10
},
{
"act_id": 656,
"details": "11. The Board may appoint such officers and other employees as it considers necessary for the performance of its functions on such terms and conditions as may be prescribed.",
"name": "Appointment of officers, etc.",
"related_acts": "",
"section_id": 11
},
{
"act_id": 656,
"details": "12. (1) The Board shall have its own Fund which shall be utilized by it to meet the charges in connection with its functions under this Ordinance. (2) The Fund shall consist of- (a) \tgrants made by the Government; (b) \tloans obtained from the Government; (c) \tloans raised in Bangladesh; (d) \tgrants received from foreign countries or organisations with the prior approval of the Government; (e) \tincome from investments and properties; (f) \tfees and royalties, if any, collected by the Board. (3) All moneys of the Board shall be kept in any scheduled bank.",
"name": "Board Fund",
"related_acts": "",
"section_id": 12
},
{
"act_id": 656,
"details": "13. The Board shall, by such date in each year as may be directed by the Government, prepare a budget and submit it to the Government for approval.",
"name": "Budget",
"related_acts": "",
"section_id": 13
},
{
"act_id": 656,
"details": "14. (1) The Board shall maintain its accounts in such manner and form as the Government may, in consultation with the Comptroller and Auditor General of Bangladesh (hereinafter referred to as the Auditor General), specify. (2) The accounts of the Board shall be audited by the Auditor General in such manner as he deems fit. (3) For the purpose of audit under sub section (2), the Auditor-General or any person authorised by him in that behalf shall have access to all records, books, documents, cash, securities, stores and other property held and controlled by the Board and may examine the Chairman or any member, officer or employee of the Board. (4) The Auditor General shall submit his audit report to the Government and forward a copy thereof to the Board. (5) The Board shall submit its comments on the audit report to the Government and shall take steps as may be necessary to remedy any defects or irregularities pointed out in the audit report.",
"name": "Accounts and audit",
"related_acts": "",
"section_id": 14
},
{
"act_id": 656,
"details": "15. (1) No book which has not been approved as a text book by the Board or which has not been prepared and published by it shall be prescribed as a text book in any school: Provided that the Government may, by notification in the official Gazette, exempt any school or class of schools from the operation of this section. (2) The copyright of all text books and other books published by the Board shall vest in the Board.",
"name": "Text books for schools",
"related_acts": "",
"section_id": 15
},
{
"act_id": 656,
"details": "16. The Government may call for any information or report on any matter of the Board from the Chairman and it shall be the duty of the Chairman to furnish such information or report to the Government within a reasonable time or within the time specified by the Government.",
"name": "Powers of Government to call for information",
"related_acts": "",
"section_id": 16
},
{
"act_id": 656,
"details": "17. (1) The Board may require any printer, publisher, distributor, whole-seller or retailer of any text¬-book to furnish any information, return or report in respect of such text book. (2) If any printer, publisher, distributor, whole seller or retailer when required to furnish any information, return or report under sub section (1), fails to furnish such information, return or report or furnishes any information, return or report which is false in any material particular and which he knows or has reasonable cause to believe to be false or does not believe to be true, he shall be punishable with imprisonment for a term which may extend to three years or with fine, or with both.",
"name": "Information, report, etc., from the publishers",
"related_acts": "",
"section_id": 17
},
{
"act_id": 656,
"details": "18. The Board may, by general or special order in writing, direct that such of its powers shall, in such circumstances and under such conditions, if any, as may be specified in the order, be exercisable also by the Chairman or by such other member as may be so specified.",
"name": "Delegation of powers",
"related_acts": "",
"section_id": 18
},
{
"act_id": 656,
"details": "19. (1) The Board may, with the previous approval of the Government, make regulations for carrying out the purposes of this Ordinance. (2) All regulations made under this section shall be published in the official Gazette and shall come into force on such publication.",
"name": "Power to make regulations",
"related_acts": "",
"section_id": 19
},
{
"act_id": 656,
"details": "20. (1) On the establishment of the Board, the School Text Book Act, 1954 (E. B. Act XIV of 1954), shall stand repealed. (2) Upon the repeal under sub section (1),- (a) \tthe Bangladesh School Text Book Board, hereinafter referred to as the dissolved Board, shall stand dissolved; (b) \tthe National Curriculum Development Centre, hereinafter referred to as the dissolved Centre, shall, notwithstanding anything contained in any other law for the time being in force or in any rule, regulation or by-law, or in any contract or agreement, stand dissolved; (c) \tall assets, rights, powers, authorities, privileges and all properties, movable and immovable, including lands, buildings, works, machineries, licences, permits, cash, bank balance, funds, investments of the dissolved Board and of the dissolved Centre and all other rights and interests in and arising out of such properties shall stand transferred to, and vest in the Board; (d) \tall debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for, the dissolved Board and the dissolved Centre immediately before such repeal shall be deemed to have been incurred, entered into, or engaged to be done by, with or for, the Board; (e) \tall commissions, fees and royalties payable to the dissolved Board or the dissolved Centre shall be payable to the Board; (f) \tall suits and other legal proceedings instituted by or against the dissolved Board or dissolved Centre before such repeal shall be deemed to be suits and proceedings by or against the Board and shall be proceeded or otherwise dealt with accordingly; (g) \tevery officer and other employee of the dissolved Board and the dissolved Centre shall stand transferred to the Board and shall serve the Board on the same terms and conditions as were applicable to them immediately before their transfer and shall continue to do so unless and until the employment in the Board is terminated or until his terms and conditions of service are altered by the Board with the prior approval of the Government. (3) The Government may, for the purpose of removing any difficulty in relation to the transfer or other matters specified in this section, make such order as it considers expedient and any such order shall be deemed to be, and given effect to as, part of the provisions of this Ordinance.",
"name": "Repeal and savings",
"related_acts": "",
"section_id": 20
}
],
"text": "An Ordinance to provide for the establishment of a National Curriculum and Text Book Board. WHEREAS it is expedient to provide for the establishment of a National Curriculum and Text Book Board and for matters connected therewith; NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the Chief Martial Law Administrator is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 657,
"lower_text": [],
"name": "The Bangladesh Krira Shikkha Protishtan Ordinance, 1983",
"num_of_sections": 16,
"published_date": "2nd October, 1983",
"related_act": [
657
],
"repelled": true,
"sections": [
{
"act_id": 657,
"details": "1. (1) This Ordinance may be called the Bangladesh Krira Shikkha Protishtan Ordinance, 1983. (2) It shall come into force on such date as the Government may, by notification in the official Gazette, specify.",
"name": "Short title and commencement",
"related_acts": "657",
"section_id": 1
},
{
"act_id": 657,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context, (a)\t“Board” means the Board of Governors of the Bangladesh Krira Shikkha Protishtan; (b)\t“Director General” means the Director General of the Bangladesh Krira Shikkha Protishtan appointed under section 8; (c) \t“Protishtan” means the Bangladesh Krira Shikkha Protishtan established under section 3; and (d)\t“prescribed” means prescribed by rules or regulations made under this Ordinance.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 657,
"details": "3. (1) There shall be a Krira Shikkha Protishtan to be called the Bangladesh Krira Shikkha Protishtan for carrying out the purposes of this Ordinance. (2) The Protishtan shall be a body corporate having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and shall by the said name sue and be sued.",
"name": "Establishment of the Protishtan",
"related_acts": "",
"section_id": 3
},
{
"act_id": 657,
"details": "4. (1) Subject to rules and regulations made under this Ordinance, the general direction and administration of the affairs of the Protishtan shall vest in a Board of Governors which may exercise all powers and do all things which may be exercised or done by the Protishtan. (2) The Board in discharging its functions shall be guided on questions of policy by such instructions as may be given to it by the Government from time to time.",
"name": "General direction",
"related_acts": "",
"section_id": 4
},
{
"act_id": 657,
"details": "5. The Board shall consist of the following members, namely:- (a)\tMinister, Sports and Culture Division, who shall also be the Chairman of the Board; (b) \tSecretary, Finance Division, ex officio; (c) \tSecretary, Education Division, ex officio; (d) \tSecretary, Sports and Culture Division, ex officio; (e) \tChairman, Governing Bodies of Cadet Colleges, ex officio; (f) \tChairman, National Sports Control Board, ex officio; (g) \tChairman, Army Sports Control Board, ex officio; (h)\tDirector General, Secondary and Higher Education, ex officio; (i)\tSecretary General, Bangladesh Olympic Association, ex officio; and (j)\tDirector General of the Protishtan, who shall also be the Member- Secretary of the Board, ex-officio.",
"name": "Board",
"related_acts": "",
"section_id": 5
},
{
"act_id": 657,
"details": "6. The functions of the Protishtan shall be- (a)\tto find out promising sports talents from young boys and girls of the country and to provide adequate facilities and opportunities for their intensive training on scientific lines along with the scope of general education up to higher secondary level; (b)\tto provide training of prospective coaches, referees and umpires with a view to producing coaches,referees and umpires of higher calibre; (c) \tto raise the technical competence of existing coaches, referees and umpires; (d) \tto impart proper coaching to all national teams before their participation in international competitions; (e)\tto conduct certificate course for coaches, referees and umpires; (f) \tto serve as an information centre for matters connected with sports and games; (g)\tto publish books, periodicals, bulletins and up to date information on games and sports; and (h) \tto do such other acts and things as may be connected with or incidental to the carrying out of the functions of the Protishtan for the purposes of this Ordinance.",
"name": "Functions of the Protishtan",
"related_acts": "",
"section_id": 6
},
{
"act_id": 657,
"details": "7. (1) The meetings of the Board shall be held at such times and places and in such manner as may be prescribed: Provided that until so prescribed, such meetings shall be held at such times and places as may be determined by the Chairman. (2) To constitute a quorum at a meeting of the Board not less than four members shall be present. (3) All meetings of the Board shall be presided over by the Chairman and, in his absence, by a member chosen by the members present from amongst themselves. (4) At a meeting of the Board, each member shall have one vote, and, in the event of an equality of votes, the Chairman shall have a second or casting vote. (5) No act or proceedings of the Board shall be invalid or be called in question merely on the ground of any vacancy in, or any defect in the constitution of, the Board.",
"name": "Meetings of the Board",
"related_acts": "",
"section_id": 7
},
{
"act_id": 657,
"details": "8. (1) There shall be a Director General of the Protishtan who shall be appointed by the Government on such terms and conditions as may be determined by it. (2) The Director General shall be a whole time officer and the chief executive of the Protishtan. (3) Subject to the provisions of this Ordinance, the Director General shall administer and manage the affairs and fund of the Protishtan and shall be responsible for the General administration of the Protishtan and for the implementation of policies formulated by the Board. (4) The Director General shall also perform such functions and discharge such duties as may be assigned to him by the Board or as may be prescribed.",
"name": "Director General",
"related_acts": "",
"section_id": 8
},
{
"act_id": 657,
"details": "9. The Protishtan may, subject to such general or special order as the Government may give from time to time, appoint such officers and other employees as it considers necessary for the efficient performance of its affairs on such terms and conditions as may be prescribed.",
"name": "Appointment of officers, etc.",
"related_acts": "",
"section_id": 9
},
{
"act_id": 657,
"details": "10. The Board may appoint such Committees as it may be considered necessary to assist it in the performance of its functions.",
"name": "Committee",
"related_acts": "",
"section_id": 10
},
{
"act_id": 657,
"details": "11. The Board may, by general or special order in writing, direct that such of its owners shall, in such circumstances and under such conditions, if any, as may be specified in the order, be exercisable also by the Chairman, or by such other member or officer of the Protishtan as may be so specified.",
"name": "Delegation of powers",
"related_acts": "",
"section_id": 11
},
{
"act_id": 657,
"details": "12. (1) The Protishtan shall have its own fund which shall be utilized by it to meet the charges in connection with its functions under this Ordinance. (2) The fund shall consist of- (a) \tgrants made by the Government; (b) \tloans obtained from the Government and the local bodies; (c) \tforeign loans obtained by the Protishtan with the prior approval of the Government; and (d) \tall other sums received by the Protishtan.\t(3) All moneys of the Protishtan shall be kept in any scheduled bank.",
"name": "Fund of the Protishtan",
"related_acts": "",
"section_id": 12
},
{
"act_id": 657,
"details": "13. The Protishtan shall, before the commencement of every financial year, submit to the Government for approval a budget for each financial year showing the estimated receipts and expenditure and the sums which are likely to be required from the Government during the financial year.",
"name": "Budget of the Protishtan",
"related_acts": "",
"section_id": 13
},
{
"act_id": 657,
"details": "14. (1) The Government may make rules for the purpose of giving effect to the provisions of this Ordinance. (2) The Protishtan may, with the previous approval of the Government, make regulations, not inconsistent with the provisions of this Ordinance and the rules made thereunder, to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this Ordinance. (3) All rules and regulations made under this section shall be published in the official Gazette and shall come into force on such publication.",
"name": "Power to make rules and regulations",
"related_acts": "",
"section_id": 14
},
{
"act_id": 657,
"details": "15. Notwithstanding anything contained in any other law for the time being in force or in any contract or agreement or in any order, instrument or notification, on the commencement of this Ordinance,- (a) \tthe Bangladesh Sports Institute, hereinafter referred to as the said Institute, shall cease to exist; (b) \tall assets, rights, powers, authorities and privileges and all properties, movable and immovable of the said Institute, shall stand transferred to, and vest in, the Protishtan; (c) \tall debts, liabilities and obligations of whatever kind of the said Institute shall, unless the Government otherwise directs, be the debts, liabilities and obligations of the Protishtan; (d) \tevery officer and other employee of the said Institute shall stand transferred to the Protishtan and shall serve the Protishtan on the same terms and conditions as were applicable to them immediately before their transfer and shall continue to do so unless and until the employment in the Protishtan is terminated or until his terms and conditions of service are altered by the Protishtan with the prior approval of the Government: Provided that an officer or other employee may, within such time as may be specified by the Protishtan, exercise his opinion not to continue in the service of the Protishtan.",
"name": "Transfer of assets, etc.",
"related_acts": "",
"section_id": 15
},
{
"act_id": 657,
"details": "16. (1) Notwithstanding anything contained in any other law for the time being in force or in any contract or agreement or in any order, instrument or notification, the Government may, by notification in the official Gazette, direct that any sports training scheme conducted by any sports organisation, by, whatever name called specified in the Notification shall be transferred to the Protishtan. (2) Upon the transfer of any scheme under sub section (1), the grants, if any, made by the Government for such scheme shall stand transferred to the Protishtan.",
"name": "Transfer of schemes under any sports organisation",
"related_acts": "",
"section_id": 16
}
],
"text": "An Ordinance to provide for the establishment of a Krira Shikkha Protishtan. WHEREAS it is expedient to provide for the establishment of a Krira Shikkha Protishtan and to provide for matters connected therewith or incidental thereto; NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the Chief Martial Law Administrator is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 658,
"lower_text": [],
"name": "The Bangladesh Nursing Council Ordinance, 1983",
"num_of_sections": 20,
"published_date": "5th October, 1983",
"related_act": [
24,
658,
4
],
"repelled": true,
"sections": [
{
"act_id": 658,
"details": "1. This Ordinance may be called the Bangladesh Nursing Council Ordinance, 1983.",
"name": "Short title",
"related_acts": "658",
"section_id": 1
},
{
"act_id": 658,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“Council” means the Bangladesh Nursing Council constituted under this Ordinance; (b)\t“member” means a member of the Council; (c)\t“nursing and allied qualification” means any of the qualifications specified in the Schedules; (d)\t“prescribed” means prescribed by regulations made under this Ordinance; (e)\t“President” means the President of the Council; (f)\t“Schedule” means a Schedule annexed to this Ordinance.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 658,
"details": "3. (1) There shall be constituted in accordance with the provisions of this Ordinance a Council to be known as the Bangladesh Nursing Council for the purposes of this Ordinance. (2) The Council shall be a body corporate having perpetual succession and a common seal with power to acquire and hold property, both movable and immovable, and to contract, and shall by the said name sue and be sued.",
"name": "Constitution of Bangladesh Nursing Council",
"related_acts": "",
"section_id": 3
},
{
"act_id": 658,
"details": "4. (1) The Council shall consist of the following members, namely:- (a)\tSecretary, Ministry of Health and Population Control, ex-officio; (b)\tDirector-General of Health Services, ex-officio; (c)\t Director-General of Family Planning and Population Control, ex-officio; (d)\tDirector-General of Medical Services (Armed Forces) or a person nominated by him; (e)\tDirector, Medical Education and Hospital, ex-officio; (f)\tDirector of Nursing Services, ex-officio; (g)\tPrincipal, College of Nursing, ex-officio; (h)\tone member to be nominated by the Government from among the Principals of Medical Colleges; (i)\tone member to be nominated by the Government from among the Superintendents of Medical College Hospitals; (j)\tone member to be nominated by the Ministry of Social Welfare and Women Affairs from among its officers; (k)\tone member to be nominated by the Ministry of Labour and Manpower from among its officers; (l)\tone member to be nominated by the Health Division from among its officers not below the rank of Deputy Secretary; (m)\tone member to be nominated by the Director of Nursing Services from among the Deputy Directors of Nursing Services; (n)\ttwo members to be nominated by the Director of Nursing Services from among Matrons; (o)\tone member to be nominated by the Government from among the members of the teaching staff of the Medical Assistant Training Institute; (p)\tone member to be nominated by the Bangladesh Medical and Dental Council from among its members; (q)\tone member to be nominated by the Bangladesh Nursing Association from among its members; (r)\ttwo members to be nominated by the Director of Nursing Services from among the members of teaching staff of Nursing Institutions; (s)\tthree members to be nominated by the Government from among the members of Nursing Profession; (t)\tone member to be nominated by the Government from among the prominent lady educationists; (u)\tone member to be nominated by the Government from among the lady social workers. (2) The Council shall elect from among its members a President, a Vice-President, a Treasurer and a Secretary: Provided that the Secretary, Ministry of Health and Population Control, shall be the first President of the Council. (3) No act or proceeding of the Council shall be invalid merely on the ground of the existence of any vacancy in, or any defect in the constitution of the Council.",
"name": "Composition of the Council",
"related_acts": "",
"section_id": 4
},
{
"act_id": 658,
"details": "5. (1) The President, the Vice-President, the Treasurer and the Secretary shall, subject to their continuing to be members of the Council, hold office for a term of three years from the date of their election. (2) A nominated member shall, unless removed earlier by his nominating authority, hold office for a term of three years from the date of his nomination. (3) Where a person is nominated to be a member by virtue of his holding an office or appointment or of his being a member of any organisation or profession, he shall cease to be such member when he ceases to hold that office or appointment or be such member. (4) A nominated member may at any time resign his office by writing under his hand addressed to the President: Provided that no such resignation shall take effect until it has been accepted by the President.",
"name": "Terms of office",
"related_acts": "",
"section_id": 5
},
{
"act_id": 658,
"details": "6. (1) Save as hereinafter provided, the Council shall follow such procedure as may be prescribed. (2) The meetings of the Council shall be held on such date and at such time and place as may be determined by the President: Provided that at least two meetings shall be held in each year. (3) One-third of the total number of members shall form a quorum. (4) All questions at a meeting of the Council shall be decided by a majority of the members present and voting, and in the case of equality of votes, the person presiding shall have a second or casting vote.",
"name": "Meetings of the Council",
"related_acts": "",
"section_id": 6
},
{
"act_id": 658,
"details": "7. The Council shall appoint a Registrar and such other officers and employees, as it deems fit for the efficient performance of its functions on such terms and conditions as may be prescribed.",
"name": "Officers and employees",
"related_acts": "",
"section_id": 7
},
{
"act_id": 658,
"details": "8. (1) There shall be an Executive Committee of the Council consisting of- (a)\tthe President, who shall also be its Chairman; (b)\tthe Vice-President, who shall also be its Vice-Chairman; (c)\tfive members to be elected by the Council from amongst its members. (2) The Executive Committee shall perform such functions as may be assigned to it by the Council or as may be prescribed. (3) A member of the Executive Committee shall, subject to his continuing to be a member, hold office for a term of three years. (4) The Executive Committee shall follow such procedure as may be prescribed.",
"name": "Executive Committee",
"related_acts": "",
"section_id": 8
},
{
"act_id": 658,
"details": "9. (1) The Nursing and allied qualifications specified in the Schedules granted by the Institutions mentioned therein shall be recognised nursing and allied qualifications for the purposes of this Ordinance. (2) Any Institution which grants any nursing or allied qualification not included in any of the Schedules may apply to the Council to have such qualification recognised, and the Council may, after due consideration of the application, either recognise such qualification or refuse recognition of such qualification, and if it recognises such qualification it shall, by notification in the official Gazette, amend the Schedule concerned so as to include such qualification therein. (3) The Council may, if it deems fit, recognise any nursing or allied qualification granted by any institution outside Bangladesh, and on such recognition such qualification shall be deemed to be recognised nursing or allied qualification for the purpose of this Ordinance.",
"name": "Recognition of nursing and allied qualifications",
"related_acts": "",
"section_id": 9
},
{
"act_id": 658,
"details": "10. If the Council is satisfied that a person is, by reason of qualifications granted by any institution outside Bangladesh and of experience gained in any part of Bangladesh, possessed of qualifications which entitle him to be recognised as possessed of sufficient nursing or allied qualifications for the purposes of this Ordinance, it may certify that the person is possessed of such qualifications and, on such certification by the Council, the person shall be deemed to be possessed of qualifications which are recognised nursing or allied qualifications for the purposes of this Ordinance for such period and upon such conditions as may be specified by the Council in this behalf.",
"name": "Power of the Council to certify certain persons to be possessed of sufficient nursing and allied qualification",
"related_acts": "",
"section_id": 10
},
{
"act_id": 658,
"details": "11. Every Institution in Bangladesh which trains for or grants any nursing or allied qualification specified in the Schedules shall furnish such information as the Council may, from time to time, require as to the courses of study and examinations to be undergone in order to obtain such qualification, as to the minimum age at which such courses of study can be undertaken on admission in the Institution concerned, examinations required to be undergone prior to such qualification being conferred, and generally as to the requisites for obtaining such qualification.",
"name": "Power to require information as to courses of study and examinations",
"related_acts": "",
"section_id": 11
},
{
"act_id": 658,
"details": "12. (1) The Executive Committee shall appoint such number of Inspectors as it may deem requisite to attend at any or all of the examinations held by any Institution in Bangladesh for the purpose of granting recognised nursing or allied qualifications or in respect of which recognition has been sought. (2) Inspectors appointed under this section shall not interfere with the conduct of any examination but they shall report to the Executive Committee on the sufficiency of every examination which they attend and on the courses of study and facilities for teaching provided by the Institution in question at different stages in respect of such examination, and on any other matter in regard to which the Executive Committee may require them to report. (3) The Executive Committee shall forward a copy of any such report to the Institution concerned, and shall also forward a copy with the remarks of such Institution thereon to the Government.",
"name": "Inspection of examinations",
"related_acts": "",
"section_id": 12
},
{
"act_id": 658,
"details": "13. (1) When, upon report by the Executive Committee, it appears to the Council that the courses of study and examinations to be gone through in any Institution in Bangladesh in order to obtain a recognised nursing or allied qualification or that the standards of proficiency required from candidates at any examination held for the purpose of granting such qualification are not such as to secure to persons holding such qualification the knowledge and skill requisite for the efficient practice of nursing or allied profession, the Council shall forward the report, along with such remarks as it may choose to make, to the Institution with an intimation of the period within which the Institution may submit its explanation to the Council. (2) On the receipt of the explanation or, where no explanation is submitted within the period fixed, on the expiry of that period, the Council may, after making such further inquiry, if any, as it may think fit, by notification in the official Gazette, direct that an entry shall be made in the Schedule against the said nursing or allied qualification declaring that it shall not be a recognised nursing or allied qualification from a specified date.",
"name": "Withdrawal of recognition",
"related_acts": "",
"section_id": 13
},
{
"act_id": 658,
"details": "14. (1) The Council shall maintain in such manner as may be prescribed, separate registers for nurses, midwives, health visitors, family welfare visitors, junior nurses and others possessing recognised nursing or allied qualifications. (2) The registers maintained under this section shall be deemed to be public documents within the meaning of the Evidence Act, 1872 (I of 1872).",
"name": "Maintenance of nursing and allied register",
"related_acts": "24",
"section_id": 14
},
{
"act_id": 658,
"details": "15. (1) The Council may refuse registration of any person or direct the removal altogether or for a specified period from the register of the name of any nurse or other person who has been convicted of any such offence as implies, in the opinion of the Council, a defect of character or who, after any inquiry at which opportunity has been given to such person to be heard in person, has been held by the Council guilty of infamous conduct in any professional respect or who has shown himself to be unfit to continue in profession on account of mental ill-health or other grounds. (2) The Council may, if it so deems fit, restore in the register the name of any person removed therefrom under sub-section (1). (3) For the purpose of an inquiry under sub-section (1), the Council shall be deemed to be a Court within the meaning of the Evidence Act, 1872 (I of 1872), and shall exercise all the powers of a Commissioner appointed under the Public Servants (Inquiries) Act, 1850 (XXXVII of 1850).",
"name": "Removal of names from the register",
"related_acts": "24,4",
"section_id": 15
},
{
"act_id": 658,
"details": "16. (1) Where the Council has refused recognition of any nursing or allied qualification under section 9(2), or has withdrawn such recognition under section 13 or has refused registration of any person or removed from the register the name of any person under section 15, it shall inform the Institution or the person concerned in writing of such refusal, withdrawal or removal. (2) Any Institution or person aggrieved by an order of refusal, withdrawal or removal mentioned in sub-section (1) may, within sixty days from the date of receipt of information regarding such refusal, withdrawal or removal, prefer an appeal to the Government and the decision of the Government on such appeal shall be final.",
"name": "Appeals",
"related_acts": "",
"section_id": 16
},
{
"act_id": 658,
"details": "17. Whoever wilfully procures or attempts to procure his registration under this Ordinance by making or causing to be made any false or fraudulent representation or declaration, either orally or in writing, or whoever abets processing of such registration or, whoever falsely pretends to be registered under this Ordinance shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand Taka, or with both.",
"name": "Penalty for fraudulent representation or registration",
"related_acts": "",
"section_id": 17
},
{
"act_id": 658,
"details": "18. No suit, prosecution or other legal proceeding shall lie against the Council or the Executive Committee, or any officer or other employee of the Council for anything which is in good faith done or intended to be done under this Ordinance.",
"name": "Indemnity",
"related_acts": "",
"section_id": 18
},
{
"act_id": 658,
"details": "19. (1) The Council may, with the previous approval of the Government, make regulations to carry out the purposes of this Ordinance. (2) Without prejudice to the generality of the foregoing power, such regulations may provide for- (a)\tthe management of the property of the Council and the maintenance and audit of its accounts; (b)\tthe summoning and holding of meetings of the Council and of the Executive Committee and the conduct of business thereat; (c)\tthe powers and duties of the President and Vice-President; (d)\tthe terms and conditions of service of the Registrar and other officers and employees of the Council; (e)\tthe powers and duties of the Registrar and other officers and employees of the Council; (f)\tthe powers and duties of Inspectors and procedure of inspection; (g)\tthe procedure for maintenance, compilation and publication of the register, list of the holders of nursing and allied qualifications and the fees to be charged for registration; (h)\tthe procedure of an enquiry held under section 15; (i)\tprescribing a uniform minimum standard of courses of training for obtaining basic or post basic nursing and allied qualifications to be included in any of the Schedules, and the duration of, and the conditions for admission to, such courses; (j)\tprescribing the minimum qualification and experience required of teachers for appointment in nursing and allied Institutions; (k)\tprescribing the standards of examinations, methods of conducting the examinations and other requirements to be satisfied for securing recognition of nursing or allied qualifications under this Ordinance; (l)\tprescribing the qualifications and experience required of examiners for professional examinations in nursing and allied profession antecedent to the granting of recognised nursing and allied qualifications; (m)\tregistration of nursing and allied students at any nursing or allied Institution, and the fees payable in respect of such registration; and (n)\tany other matter for which under this Ordinance provision may be made by regulations.",
"name": "Power to make regulations",
"related_acts": "",
"section_id": 19
},
{
"act_id": 658,
"details": "20. (1) The Nurses Act, 1934 (Ben. Act X of 1934), and the Nursing Council Act, 1952 (LIX of 1952), hereinafter referred to as the said Acts, are hereby repealed. (2) Upon the repeal of the said Acts,- (a)\tall assets, rights, powers, authorities and privileges, and all property, movable or immovable, cash and bank balances, funds, investments and all other interests and rights in, or arising out of, such property of the Bangladesh Nursing Councils constituted under the said Acts, hereinafter referred to as the Nursing Councils, and subsisting immediately before such repeal shall stand transferred to, and vest in, the Council; (b)\tall debts, obligations and liabilities incurred, all contracts entered into and all matters and things to be done by, with or for, the Nursing Councils and subsisting immediately before such repeal shall be deemed to have been incurred, entered into or engaged to be done by, with or for, the Council; (c)\tall officers and other employees of the Nursing Councils serving immediately before such repeal shall stand transferred to and become officers and employees of the Council and shall hold their office or service in the Council on the same terms and conditions as were enjoyed by them immediately before such repeal and shall continue to do so until their terms and conditions are duly altered by the Council; (d)\tall suits, prosecutions and other legal proceedings instituted by or against the Nursing Councils shall be deemed to be suits, prosecutions and proceedings by or against the Council and shall be proceeded or otherwise dealt with accordingly; (e)\tevery nurse, midwife, health visitor and family welfare visitor registered under the said Acts shall be deemed to be registered under this Ordinance.",
"name": "Repeal and savings",
"related_acts": "",
"section_id": 20
}
],
"text": "An Ordinance to constitute a Nursing Council. WHEREAS it is expedient to constitute a Nursing Council and to provide for matters connected therewith; NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the Chief Martial Law Administrator is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 659,
"lower_text": [],
"name": "The Santosh Islamic University (Board of Trustees) Ordinance, 1983",
"num_of_sections": 13,
"published_date": "10th November, 1983",
"related_act": [
659
],
"repelled": false,
"sections": [
{
"act_id": 659,
"details": "1. This Ordinance may be called the Santosh Islamic University (Board of Trustees) Ordinance, 1983.",
"name": "Short title",
"related_acts": "659",
"section_id": 1
},
{
"act_id": 659,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“Board” means the Santosh Islamic University Board of Trustees; (b) \t“Chairman” means the Chairman of the Board; (c) \t“prescribed” means prescribed by regulations made under this Ordinance; (d)\t“Santosh Islamic University” means the Islamic University at Santosh in the district of Tangail established by Moulana Abdul Hamid Khan Bhasani; (e) \t“Trustee” means a Trustee of the Board.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 659,
"details": "3. (1) As soon as may be after the commencement of this Ordinance, the Government shall, by notification in the official Gazette, constitute a Board of Trustees for the Santosh Islamic University to be called the Santosh Islamic University Board of Trustees. (2) The Board shall be a body corporate having perpetual succession and a common seal with power to acquire, hold and dispose of property, both moveable and immoveable, and shall by the said name sue and be sued.",
"name": "Constitution of the Board",
"related_acts": "",
"section_id": 3
},
{
"act_id": 659,
"details": "4. (1) The Board shall consist of nine Trustees to be appointed by the Government. (2) The Government shall appoint from among the Trustees a Chairman, Vice-Chairman and a Secretary of the Board. (3) The Chairman and the Secretary shall be full-time Trustees and shall hold office on such terms and conditions as the Government may determine. (4) The Vice-Chairman and other Trustees shall hold office for a period of three years from the date of their appointment: Provided that the Government may terminate the appointment of any of these Trustees before the expiration of his term. (5) A Trustee may resign his office by writing under his hand addressed to the Government: Provided that no resignation shall take effect until it has been accepted by the Government.",
"name": "Composition of the Board",
"related_acts": "",
"section_id": 4
},
{
"act_id": 659,
"details": "5. The functions of the Board shall be- (a)\tto administer all properties, moveable and immoveable, of the Santosh Islamic University; (b)\tto raise and collect funds for the Santosh Islamic University and to invest them; (c)\tto take over the funds and properties of the Santosh Islamic University in the possession and management of its Project Implementation Committees; (d)\tto take over the educational and religious institutions of the Santosh Islamic University including the vocational projects and production units thereof; (e)\tto maintain, supervise and develop the educational and religious institutions of the Santosh Islamic University; (f)\tto implement the vocational projects of the Santosh Islamic University; (g)\tto manage and develop the production units of the Santosh Islamic University; (h)\tto regulate the conduct and services of the officers and employees of the educational and religious institutions and projects of the Santosh Islamic University; (i)\tto prepare master plan for the Santosh Islamic University and to take steps for the implementation of the plan; (j)\tto set up and maintain new educational and religious institutions keeping in view the aims and objects of the Santosh Islamic University; (k)\tto do such other things ancillary or incidental to any of the aforesaid functions.",
"name": "Functions of the Board",
"related_acts": "",
"section_id": 5
},
{
"act_id": 659,
"details": "6. The Board may appoint from among the Trustees such Committee or Committees as it may deem necessary to assist it in the performance of its functions.",
"name": "Appointment of Committees",
"related_acts": "",
"section_id": 6
},
{
"act_id": 659,
"details": "7. The Board may appoint such officers and other employees as it considers necessary for the efficient performance of its functions on such terms and conditions as may be prescribed.",
"name": "Appointment of officers, etc.",
"related_acts": "",
"section_id": 7
},
{
"act_id": 659,
"details": "8. (1) The meetings of the Board shall be held at such times and places and in such manner as may be prescribed: Provided that, until so prescribed, such meetings shall be held at such times and places as may be determined by the Chairman. (2) To constitute a quorum at a meeting of the Board, not less than three Trustees shall be present. (3) All meetings of the Board shall be presided over by the Chairman and, in his absence, by the Vice-Chairman. (4) At a meeting of the Board, each Trustee shall have one vote and, in the event of equality of votes, the Chairman shall have a second or casting vote. (5) Proceedings of the meetings of the Board shall be recorded and maintained by the Secretary and circulated by him among the Trustees within a month and submitted for confirmation at the next meeting of the Board. (6) No act or proceedings of the Board shall be invalid or called in question merely on the ground of any vacancy in, or any defect in the constitution of, the Board.",
"name": "Meetings of the Board",
"related_acts": "",
"section_id": 8
},
{
"act_id": 659,
"details": "9. (1) The Board shall have its own fund which shall be utilized by it to meet the charges in connection with its functions under this Ordinance. (2) The funds of the Board shall comprise- (a)\tfunds of the Santosh Islamic University, the Santosh Islamic University Project Implementation Committee and the Local Project Committee; (b)\tgrants from the Government; (c)\tgrants from the local authorities; (d)\tdonations and endowments; (e)\treceipts from the institutions maintained by the Board; (f)\treceipts from any other source. (3) The funds of the Board shall be kept in any scheduled bank, and its bank account shall be operated by such Trustee or Trustees as it may specify.",
"name": "Funds of the Board",
"related_acts": "",
"section_id": 9
},
{
"act_id": 659,
"details": "10. (1) The Board shall keep proper accounts of all moneys received and expended by it. (2) The accounts of the Board shall be audited by the Comptroller and Auditor-General of Bangladesh.",
"name": "Audit and accounts",
"related_acts": "",
"section_id": 10
},
{
"act_id": 659,
"details": "11. (1) The Board shall submit to the Government an annual report on the conduct of its affairs. (2) The Government may require the Board to furnish any report, statement or information regarding any matter under the control of the Board, and the Board shall comply with such requisition.",
"name": "Submission of reports, etc.",
"related_acts": "",
"section_id": 11
},
{
"act_id": 659,
"details": "12. The Board may, with the previous approval of the Government, make regulations to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this Ordinance.",
"name": "Power to make regulations",
"related_acts": "",
"section_id": 12
},
{
"act_id": 659,
"details": "13. (1) Notwithstanding anything contained in any other law for the time being in force, or in any agreement, deed or other instrument, upon the constitution of the Board,- (a)\tthe Santosh Islamic University Project Implementation Committee and the Local Project Committee of the Santosh Islamic University, hereinafter referred to as the said Committees, shall stand dissolved; (b) \tall assets, rights, powers, authorities and privileges and all properties, moveable and immoveable, cash and bank balances, funds, investments and all other rights and interests in, or arising out of, such properties of the said Committees and also of the Santosh Islamic University shall stand transferred to and vest in the Board; (c)\tall debts, liabilities and obligations of the said Committees and also of the Santosh Islamic University shall stand transferred to the Board; (d)\tall suits, prosecutions and other legal proceedings instituted by or against the said Committees or the Santosh Islamic University before such constitution shall be deemed to be suits, prosecutions or proceedings by or against the Board and shall be proceeded or otherwise dealt with accordingly. (2) The Government may, for the purpose of removing any difficulty in relation to the transfer and other matters specified in sub-section (1), make such orders as it considers expedient, and any such order shall be deemed to be, and given effect to as, part of the provisions of this Ordinance.",
"name": "Transfer of assets, etc., of the Santosh Islamic University to the Board",
"related_acts": "",
"section_id": 13
}
],
"text": "An Ordinance to provide for the constitution of a Board of Trustees for the better administration and development of the Santosh Islamic University. WHEREAS it is expedient to provide for the constitution of a Board of Trustees for the better administration and development of the Santosh Islamic University and for matters ancillary thereto; NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the Chief Martial Law Administrator is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 660,
"lower_text": [
"1 The brackets and figure “(1)” were inserted by section 2 of the Hindu Religious Welfare Trust (Amendment) Ordinance, 1986 (Ordinance No. VII of 1986)",
"2 The word “twenty-one” was substituted for the word “fourteen” by section 2 of the Hindu Religious Welfare Trust (Amendment) Act, 1990 (Act No. V of 1990)",
"3 The words “nine crore Taka” were substituted for the words “two crore taka” by section 2 of the Hindu Religious Welfare Trust (Amendment) Act, 2001 (Act No. LI of 2001)",
"4 The colon (:) was substituted for the full-stop (.) and thereafter the proviso was added by section 2 of the Hindu Religious Welfare Trust (Amendment) Act, 2001 (Act No. LI of 2001)"
],
"name": "The Hindu Religious Welfare Trust Ordinance, 1983",
"num_of_sections": 14,
"published_date": "20th December, 1983",
"related_act": [
660
],
"repelled": true,
"sections": [
{
"act_id": 660,
"details": "1. (1) This Ordinance may be called the Hindu Religious Welfare Trust Ordinance, 1983. (2) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint.",
"name": "Short title and commencement",
"related_acts": "660",
"section_id": 1
},
{
"act_id": 660,
"details": "2. \tIn this Ordinance, unless there is anything repugnant in the subject or context,- (a) \t“Board” means the Board of Trustees constituted under section 5; (b) \t“Chairman” means the Chairman of the Board; (c) \t“prescribed” means prescribed by rules or regulations made under this Ordinance; (d) \t“Trust” means the Hindu Religious Welfare Trust established under section 3; (e) \t“Trustee” means a Trustee of the Board; and (f) \t“Vice-Chairman” means the Vice-Chairman of the Board.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 660,
"details": "3. \t(1) There shall be established a Trust to be called the Hindu Religious Welfare Trust for carrying out the purposes of this Ordinance. (2) \tThe Trust shall be a body corporate having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and shall by the said name sue and be sued. (3) The Head Office of the Trust shall be at such place as the Government may, by notification in the official Gazette, specify.",
"name": "Establishment of the Trust",
"related_acts": "",
"section_id": 3
},
{
"act_id": 660,
"details": "4. Subject to rules and regulations made under this Ordinance, the general direction and administration of the affairs of the Trust shall vest in a Board of Trustees which may exercise all powers and do all acts and things which may be exercised or done by the Trust.",
"name": "General Direction",
"related_acts": "",
"section_id": 4
},
{
"act_id": 660,
"details": "5. 1(1) The Board shall consist of the following Trustees, namely:- (a) \tMinister, Religious Affairs Division, who shall also be the Chairman of the Board; and (b) 2twenty-one Trustees to be appointed by the Government. (2) The Government shall appoint one of the Trustees to be the Vice-Chairman of the Board. (3) The Trustees appointed by the Government shall hold office for a period of three years. (4) The Government may at any time terminate the appointment of a Trustee without assigning any reason. (5) An appointed Trustee may at any time resign his office in writing addressed to the Chairman.",
"name": "Board",
"related_acts": "",
"section_id": 5
},
{
"act_id": 660,
"details": "6. (1) The meetings of the Board shall be held at such times and places and in such manner as may be prescribed: Provided that, until so prescribed, such meetings shall be held at such times and places as may be determined by the Chairman. (2) To constitute a quorum at a meeting of the Board, not less than four Trustees shall be present. (3) All meetings of the Board shall be presided over by the Chairman and, in his absence, by the Vice-Chairman and, in the absence of both, by any other Trustee authorised by the Chairman in this behalf. (4) At a meeting of the Board, each Trustee shall have one vote and, in the event of equality of votes, the person presiding shall have a second or casting vote. (5) No act or proceeding of the Board shall be invalid or be called in question merely on the ground of any vacancy in, or any defect in the constitution of, the Board.",
"name": "Meetings of the Board",
"related_acts": "",
"section_id": 6
},
{
"act_id": 660,
"details": "7. (1) The functions of the Trust shall generally be to provide for the religious welfare of the Hindu community. (2) In particular and without prejudice to the generality of the foregoing provisions, the Trust may,- (a)\tprovide financial assistance for the maintenance and administration of places of Hindu religious worship; (b)\tadopt measures for the maintenance of sanctity of places of Hindu religious worship; (c)\tdo such other acts and things as may be considered necessary for carrying out the purposes of this Ordinance.",
"name": "Functions of the Trust",
"related_acts": "",
"section_id": 7
},
{
"act_id": 660,
"details": "8. (1) There shall be a Secretary of the Trust who shall be appointed by the Board on such terms and conditions as may be prescribed. (2) The Trust may appoint such other officers and employees as it considers necessary for the efficient performance of its functions on such terms and conditions as may be prescribed. (3) The Secretary and other officers and employees of the Trust shall exercise such powers and perform such functions as may be prescribed or assigned to them by the Board.",
"name": "Appointment of officers, etc.",
"related_acts": "",
"section_id": 8
},
{
"act_id": 660,
"details": "9. The Board may, by general or special order in writing, direct that such of its powers shall, in such circumstances and under such conditions, if any, as may be specified in the order, be exercisable also by the Chairman, or by such other Trustee or by an officer of the Board as may be so specified.",
"name": "Delegation of powers",
"related_acts": "",
"section_id": 9
},
{
"act_id": 660,
"details": "10. (1) The Trust shall have its own fund which shall be utilised by it to meet the charges in connection with its functions under this Ordinance. (2) \tThe Government shall make a fixed deposit of 3nine crore Taka with a scheduled bank and the interest accruing therefrom from time to time shall be transferred to the fund of the Trust as grant of the Government 4: Provided that, the Government may from time to time increase the amount of the fixed deposit. (3) \tThe fund shall consist of- (a)\tinterest accrued from the fixed deposit made by the Government under sub-section (2); (b) \tdonations and endowments; (c) \treceipts from such other sources as may be approved by the Board. (4) All moneys of the Trust shall be kept in any scheduled bank. (5) The bank account of the Trust shall be operated by such Trustee or officer as the Board may determine.",
"name": "Funds of the Trust",
"related_acts": "",
"section_id": 10
},
{
"act_id": 660,
"details": "11. (1) The Board shall keep proper account of all moneys received and expended by the Trust. (2) The account of the Trust shall be audited by the Comptroller and Auditor-General of Bangladesh.",
"name": "Audit and accounts",
"related_acts": "",
"section_id": 11
},
{
"act_id": 660,
"details": "12. (1) The Trust shall submit to the Government an annual report on the conduct of its affairs. (2) The Government may require the Trust to furnish any report, statement or information regarding its affairs or in respect of any matter under its control and the Trust shall comply with such requisition.",
"name": "Submission of reports, etc.",
"related_acts": "",
"section_id": 12
},
{
"act_id": 660,
"details": "13. The Government may, by notification in the official Gazette, make rules for the purpose of giving effect to the provisions of this Ordinance.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 13
},
{
"act_id": 660,
"details": "14. The Trust may, with the previous approval of the Government, make regulations, not inconsistent with the provisions of this Ordinance and the rules made thereunder, to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this Ordinance.",
"name": "Power to make Regulations",
"related_acts": "",
"section_id": 14
}
],
"text": "An Ordinance to provide for the establishment of a Hindu Religious Welfare Trust. WHEREAS it is expedient to provide for the establishment of a Hindu Religious Welfare Trust and for matters incidental and ancillary thereto; NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 661,
"lower_text": [
"1 The words “three crore Taka” were substituted for the words “one crore taka” by section 2 of the Buddhist Religious Welfare Trust (Amendment) Act, 2001 (Act No. LII of 2001)",
"2 The colon (:) was substituted for the full-stop (.) and thereafter the proviso was added by section 2 of the Buddhist Religious Welfare Trust (Amendment) Act, 2001 (Act No. LII of 2001)"
],
"name": "The Buddhist Religious Welfare Trust Ordinance, 1983",
"num_of_sections": 14,
"published_date": "20th December, 1983",
"related_act": [
661
],
"repelled": true,
"sections": [
{
"act_id": 661,
"details": "1. (1) This Ordinance may be called the Buddhist Religious Welfare Trust Ordinance, 1983. (2)\tIt shall come into force on such date as the Government may, by notification in the official Gazette, appoint.",
"name": "Short title and commencement",
"related_acts": "661",
"section_id": 1
},
{
"act_id": 661,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“Board” means the Board of Trustees constituted under section 5; (b) \t“Chairman” means the Chairman of the Board; (c) \t“prescribed” means prescribed by rules or regulations made under this Ordinance; (d) “Trust” means the Buddhist Religious Welfare Trust established under section 3; (e) \t“Trustee” means a Trustee of the Board; and (f) \t“Vice-Chairman” means the Vice-Chairman of the Board.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 661,
"details": "3. (1) There shall be established a Trust to be called the Buddhist Religious Welfare Trust for carrying out the purposes of this Ordinance. (2) The Trust shall be a body corporate having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and shall by the said name sue and be sued. (3) The Head Office of the Trust shall be at such place as the Government may, by notification in the official Gazette, specify.",
"name": "Establishment of the Trust",
"related_acts": "",
"section_id": 3
},
{
"act_id": 661,
"details": "4. Subject to rules and regulations made under this Ordinance, the general direction and administration of the affairs of the Trust shall vest in a Board of Trustees which may exercise all powers and do all acts and things which may be exercised or done by the Trust.",
"name": "General Direction",
"related_acts": "",
"section_id": 4
},
{
"act_id": 661,
"details": "5. (1) The Board shall consist of the following Trustees, namely:- (a) \tMinister, Religious Affairs Division, who shall also be the Chairman of the Board; and (b) \tsix Trustees to be appointed by the Government. (2) The Government shall appoint one of the Trustees to be the Vice-Chairman of the Board. (3) The Trustees appointed by the Government shall hold office for a period of three years. (4) The Government may at any time terminate the appointment of a Trustee without assigning any reason. (5) An appointed Trustee may at any time resign his office in writing addressed to the Chairman.",
"name": "Board",
"related_acts": "",
"section_id": 5
},
{
"act_id": 661,
"details": "6. (1) The meetings of the Board shall be held at such times and places and in such manner as may be prescribed: Provided that, until so prescribed, such meetings shall be held at such times and places as may be determined by the Chairman. (2) To constitute a quorum at a meeting of the Board, not less than three Trustees shall be present. (3) All meetings of the Board shall be presided over by the Chairman and, in his absence, by the Vice-Chairman and, in the absence of both, by any other Trustee authorised by the Chairman in this behalf. (4) At a meeting of the Board, each Trustee shall have one vote and, in the event of equality of votes, the person presiding shall have a second or casting vote. (5) No act or proceedings of the Board shall be invalid or be called in question merely on the ground of any vacancy in, or any defect in the constitution of, the Board.",
"name": "Meeting of the Board",
"related_acts": "",
"section_id": 6
},
{
"act_id": 661,
"details": "7. (1) The functions of the Trust shall generally be to provide for the religious welfare of the Buddhist Community. (2) In particular and without prejudice to the generality of the foregoing provisions, the Trust may,- (a)\tprovide financial assistance for the maintenance and administration of places of Buddhist religious worship; (b) \tadopt measures for the maintenance of sanctity of places of Buddhist religious worship; (c)\tdo such other acts and things as may be considered necessary for carrying out the purposes of this Ordinance.",
"name": "Functions of the Trust",
"related_acts": "",
"section_id": 7
},
{
"act_id": 661,
"details": "8. (1) There shall be a Secretary of the Trust who shall be appointed by the Board on such terms and conditions as may be prescribed. (2) The Trust may appoint such other officers and employees for the efficient performance of its functions on such terms and conditions as may be prescribed. (3) The Secretary and other officers and employees of the Trust shall exercise such powers and perform such functions as may be prescribed or assigned to them by the Board.",
"name": "Appointment of officers, etc.",
"related_acts": "",
"section_id": 8
},
{
"act_id": 661,
"details": "9. The Board may, by general or special order in writing, direct that such of its powers, shall, in such circumstances and under such conditions, if any, as may be prescribed in the order, be exercisable also by the Chairman, or by such other Trustee or by an officer of the Board as may be so specified.",
"name": "Delegation of powers",
"related_acts": "",
"section_id": 9
},
{
"act_id": 661,
"details": "10. (1) The Trust shall have its own fund which shall be utilised by it to meet the charges in connection with its functions under this Ordinance. (2) The Government shall make a fixed deposit of 1three crore Taka with a scheduled bank and the interest accruing therefrom from time to time shall be transferred to the fund of the Trust as grant of the Government 2: Provided that the Government may from time to time increase the amount of the fixed deposit. (3) \tThe fund shall consist of- (a)\tinterest accrued from the fixed deposit made by the Government under sub-section (2); (b) \tdonations and endowments; (c) \treceipts from such other sources as may be approved by the Board. (4) All moneys of the Trust shall be kept in any scheduled bank. (5) The bank account of the Trust shall be operated by such Trustee or officer as the Board may determine.",
"name": "Funds of the Trust",
"related_acts": "",
"section_id": 10
},
{
"act_id": 661,
"details": "11. (1) The Board shall keep proper account of all moneys received and expended by the Trust. (2) The account of the Trust shall be audited by the Comptroller and Auditor-General of Bangladesh.",
"name": "Audit and accounts",
"related_acts": "",
"section_id": 11
},
{
"act_id": 661,
"details": "12. (1) The Trust shall submit to the Government an annual report on the conduct of its affairs. (2) The Government may require the Trust to furnish any report, statement or information regarding its affairs or in respect of any matter under its control and the Trust shall comply with such requisition.",
"name": "Submission of reports, etc.",
"related_acts": "",
"section_id": 12
},
{
"act_id": 661,
"details": "13. The Government may, by notification in the official Gazette, make rules for the purpose of giving effect to the provisions of this Ordinance.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 13
},
{
"act_id": 661,
"details": "14. The Trust may, with the previous approval of the Government, make regulations, not inconsistent with the provisions of this Ordinance and the rules made thereunder, to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this Ordinance.",
"name": "Power to make Regulations",
"related_acts": "",
"section_id": 14
}
],
"text": "An Ordinance to provide for the establishment of a Buddhist Religious Welfare Trust. WHEREAS it is expedient to provide for the establishment of a Buddhist Religious Welfare Trust and for matters incidental and ancillary thereto; NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 662,
"lower_text": [
"1 The words \"five crore taka\" were substituted for the words \"one crore taka\" by section 2(a) of the Christian Religious Welfare Trust (Amendment) Act, 2011(Act No. IV of 2011).",
"2 The colon(:) was substituted for the full-stop(.) and thereafter the proviso was added by section 2(b) of the Christian Religious Welfare Trust(Amendment) Act, 2011(Act No. IV of 2011)."
],
"name": "The Christian Religious Welfare Trust Ordinance, 1983",
"num_of_sections": 14,
"published_date": "20th December, 1983",
"related_act": [
662
],
"repelled": true,
"sections": [
{
"act_id": 662,
"details": "1. (1) This Ordinance may be called the Christian Religious Welfare Trust Ordinance, 1983. (2) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint.",
"name": "Short title and commencement",
"related_acts": "662",
"section_id": 1
},
{
"act_id": 662,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a) \t“Board” means the Board of Trustees constituted under section 5; (b) \t“Chairman” means the Chairman of the Board; (c) “prescribed” means prescribed by rules or regulations made under this Ordinance; (d)\t\t“Trust” means the Christian Religious Welfare Trust established under section 3; (e) “Trustee” means a Trustee of the Board; and (f) “Vice-Chairman” means the Vice-Chairman of the Board.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 662,
"details": "3. (1) There shall be established a Trust to be called the Christian Religious Welfare Trust for carrying out the purposes of this Ordinance. (2) The Trust shall be a body corporate having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and shall by the said name sue and be sued. (3) The Head Office of the Trust shall be at such place as the Government may, by notification in the official Gazette, specify.",
"name": "Establishment of the Trust",
"related_acts": "",
"section_id": 3
},
{
"act_id": 662,
"details": "4. Subject to rules and regulations made under this Ordinance, the general direction and administration of the affairs of the Trust shall vest in a Board of Trustees which may exercise all powers and do all acts and things which may be exercised or done by the Trust.",
"name": "General Direction",
"related_acts": "",
"section_id": 4
},
{
"act_id": 662,
"details": "5. (1) The Board shall consist of the following Trustees, namely:- (a) \tMinister, Religious Affairs Division, who shall also be the Chairman of the Board; and (b) \tsix Trustees to be appointed by the Government. (2) The Government shall appoint one of the Trustee to be the Vice-Chairman of the Board. (3) The Trustees appointed by the Government shall hold office for a period of three years. (4) The Government may at any time terminate the appointment of a Trustee without assigning any reason. (5) An appointed Trustee may at any time resign his office in writing addressed to the Chairman.",
"name": "Board",
"related_acts": "",
"section_id": 5
},
{
"act_id": 662,
"details": "6. (1) The meetings of the Board shall be held at such times and places and in such manner as may be prescribed: Provided that, until so prescribed, such meetings shall be held at such times and places as may be determined by the Chairman. (2) To constitute a quorum at a meeting of the Board, not less than three Trustees shall be present. (3) All meetings of the Board shall be presided over by the Chairman and, in his absence, by the Vice-Chairman and, in the absence of both, by any other Trustee authorised by the Chairman in this behalf. (4) At a meeting of the Board, each Trustee shall have one vote and, in the event of equality of votes, the person presiding shall have a second or casting vote. (5) No act or proceeding of the Board shall be invalid or be called in question merely on the ground of any vacancy in, or any defect in the constitution of the Board.",
"name": "Meeting of the Board",
"related_acts": "",
"section_id": 6
},
{
"act_id": 662,
"details": "7. (1) The functions of the Trust shall generally be to provide for the religious welfare of the Christian community. (2) In particular and without prejudice to the generality of the foregoing provisions, the Trust may,- (a)\tprovide financial assistance for the maintenance and administration of places of Christian religious worship; (b)\tadopt measures for the maintenance of sanctity of places of Christian religious worship; (c)\tdo such other acts and things as may be considered necessary for carrying out the purposes of this Ordinance.",
"name": "Functions of the Trust",
"related_acts": "",
"section_id": 7
},
{
"act_id": 662,
"details": "8. (1) There shall be a Secretary of the Trust who shall be appointed by the Board on such terms and conditions as may be prescribed. (2) The Trust may appoint such other officers and employees as it considers necessary for the efficient performance of its functions on such terms and conditions as may be prescribed. (3) The Secretary and other officers and employees of the Trust shall exercise such powers and perform such functions as may be prescribed or assigned to them by the Board.",
"name": "Appointment of officers, etc.",
"related_acts": "",
"section_id": 8
},
{
"act_id": 662,
"details": "9. The Board may, by general or special order in writing, direct that such of its powers, shall, in such circumstances and under such conditions, if any, as may be specified in the order, be exercisable also by the Chairman, or by such other Trustee or by an officer of the Board as may be so specified.",
"name": "Delegation of powers",
"related_acts": "",
"section_id": 9
},
{
"act_id": 662,
"details": "10. (1) The Trust shall have its own fund which shall be utilised by it to meet the charges in connection with its functions under this Ordinance. (2) The Government shall make a fixed deposit of 1five crore Taka with a scheduled bank and the interest accruing therefrom from time to time shall be transferred to the fund of the Trust as grant of the Government 2: Provided that the Government may from time to time increase the amount of the fixed deposit. \t(3) The fund shall consist of- (a)\tinterest accrued from the fixed deposit made by the Government under sub-section (2); (b) \tdonations and endowments; (c) \treceipts from such other sources as may be approved by the Board. (4) All moneys of the Trust shall be kept in any scheduled bank. (5) The bank account of the Trust shall be operated by such Trustee or officer as the Board may determine.",
"name": "Funds of the Trust",
"related_acts": "",
"section_id": 10
},
{
"act_id": 662,
"details": "11. (1) The Board shall keep proper account of all moneys received and expended by the Trust. (2) The Account of the Trust shall be audited by the Comptroller and Auditor-General of Bangladesh.",
"name": "Audit and accounts",
"related_acts": "",
"section_id": 11
},
{
"act_id": 662,
"details": "12. (1) The Trust shall submit to the Government an annual report on the conduct of its affairs. (2) The Government may require the Trust to furnish any report, statement or information regarding its affairs or in respect of any matter under its control and the Trust shall comply with such requisition.",
"name": "Submission of reports, etc.",
"related_acts": "",
"section_id": 12
},
{
"act_id": 662,
"details": "13. The Government may, by notification in the official Gazette, make rules for the purpose of giving effect to the provisions of this Ordinance.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 13
},
{
"act_id": 662,
"details": "14. The Trust may, with the previous approval of the Government, make regulations, not inconsistent with the provisions of this Ordinance and the rules made thereunder, to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this Ordinance.",
"name": "Power to make Regulations",
"related_acts": "",
"section_id": 14
}
],
"text": "An Ordinance to provide for the establishment of a Christian Religious Welfare Trust. WHEREAS it is expedient to provide for the establishment of a Christian Religious Welfare Trust and for matters incidental and ancillary thereto; NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 663,
"lower_text": [],
"name": "The Foreign Voluntary Organisations (Acquisition of Immovable Property) Regulation Ordinance, 1983",
"num_of_sections": 4,
"published_date": "22nd December, 1983",
"related_act": [
663
],
"repelled": false,
"sections": [
{
"act_id": 663,
"details": "1. This Ordinance may be called the Foreign Voluntary Organisations (Acquisition of Immovable Property) Regulation Ordinance, 1983.",
"name": "Short title",
"related_acts": "663",
"section_id": 1
},
{
"act_id": 663,
"details": "2. The provisions of this Ordinance shall have effect notwithstanding anything to the contrary contained in any other law for the time being in force or in any contract or agreement.",
"name": "Ordinance to override all other laws",
"related_acts": "",
"section_id": 2
},
{
"act_id": 663,
"details": "3. (1) No foreign voluntary organisation shall purchase or acquire in any other manner any immovable property in Bangladesh without the previous permission of the Government. (2) Any immovable property acquired by any foreign voluntary organisation in violation of the provision of this section shall be liable to be forfeited to the Government. Explanation.- In this section, “foreign voluntary organisation” means any organisation, body or authority, whether incorporated or not, constituted or established in any country outside Bangladesh for the purpose of doing any voluntary work, or rendering any voluntary service to any individual, organisation, body or authority, in Bangladesh.",
"name": "Acquisition of immovable property by foreign voluntary organisation",
"related_acts": "",
"section_id": 3
},
{
"act_id": 663,
"details": "4. The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 4
}
],
"text": "An Ordinance to regulate the acquisition of immovable property by foreign voluntary organisations. WHEREAS it is expedient to regulate the acquisition of immovable property by foreign voluntary organisations; NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 664,
"lower_text": [
"1 Clauses (c) and (cc) were substituted for former clause (c) by section 2 of the Bangladesh Institute of Nuclear Agriculture (Amendment) Act, 1996 (Act No. IV of 1996)",
"2 Sections 6, 6A, and 6B were substituted for previous section 6 by section 3 of the Bangladesh Institute of Nuclear Agriculture (Amendment) Act, 1996 (Act No. IV of 1996)",
"3 The words “a member elected for the purpose by the members present” were substituted for the words “the Chairman” by section 4 of the Bangladesh Institute of Nuclear Agriculture (Amendment) Act, 1996 (Act No. IV of 1996)",
"4 The words “or the member presiding over the meeting” were inserted by section 4 of the Bangladesh Institute of Nuclear Agriculture (Amendment) Act, 1996 (Act No. IV of 1996)",
"5 The word “Director-General” was substituted for the word “Director” by section 5 of the Bangladesh Institute of Nuclear Agriculture (Amendment) Act, 1996 (Act No. IV of 1996)",
"6 The word “Director-General” was substituted for the word “Director” by section 5 of the Bangladesh Institute of Nuclear Agriculture (Amendment) Act, 1996 (Act No. IV of 1996)",
"7 The word “Director-General” was substituted for the word “Director” by section 5 of the Bangladesh Institute of Nuclear Agriculture (Amendment) Act, 1996 (Act No. IV of 1996)",
"8 The word “Director-General” was substituted for the word “Director” by section 5 of the Bangladesh Institute of Nuclear Agriculture (Amendment) Act, 1996 (Act No. IV of 1996)",
"9 Section 10 was substituted by section 6 of the Bangladesh Institute of Nuclear Agriculture (Amendment) Act, 1996 (Act No. IV of 1996)",
"10 The word “soon” was substituted for the word “soom” by section 7 of the Bangladesh Institute of Nuclear Agriculture (Amendment) Act, 1996 (Act No. IV of 1996)",
"11 The word “Director-General” was substituted for the word “Director” by section 8 of the Bangladesh Institute of Nuclear Agriculture (Amendment) Act, 1996 (Act No. IV of 1996)"
],
"name": "The Bangladesh Institute of Nuclear Agriculture Ordinance, 1984 (Ordinance)",
"num_of_sections": 21,
"published_date": "5th January, 1984",
"related_act": [
805
],
"repelled": true,
"sections": [
{
"act_id": 664,
"details": "1. This Ordinance may be called the Bangladesh Institute of Nuclear Agriculture Ordinance, 1984.",
"name": "Short title",
"related_acts": "",
"section_id": 1
},
{
"act_id": 664,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a) “Board” means the Board of the Institute; (b) “Chairman” means the Chairman of the Board; 1 (c) “Council” means বাংলাদেশ কৃষি গবেষণা কাউন্সিল established by বাংলাদেশ কৃষি গবেষণা কাউন্সিল আইন, ১৯৯৬ (১৯৯৬ সনের ৭ নং আইন); (cc) “Director-General” means the Director-General of the Institute; (d) “Institute” means the Bangladesh Institute of Nuclear Agriculture established under this Ordinance; (e) “member” means a member of the Board; (f) “prescribed” means prescribed by rules or regulations made under this Ordinance; (g) “regulations” means regulations made under this Ordinance; and (h) “rules” means rules made under this Ordinance.",
"name": "Definitions",
"related_acts": "805",
"section_id": 2
},
{
"act_id": 664,
"details": "3. (1) As soon as may be after the commencement of this Ordinance, the Government shall, by notification in the official Gazette, establish an Institute to be called the Bangladesh Institute of Nuclear Agriculture for carrying out the purposes of this Ordinance. (2)\tThe Institute shall be a body corporate, having perpetual succession and a common seal, with power, subject to the provisions of this Ordinance, to acquire, hold and dispose of property, both movable and immovable, and shall by the said name sue and be sued.",
"name": "Establishment of the Institute",
"related_acts": "",
"section_id": 3
},
{
"act_id": 664,
"details": "4. (1) The Head office of the Institute shall be located at Mymensingh. (2) The Institute may establish offices at such other places as it may think fit.",
"name": "Head office, etc.",
"related_acts": "",
"section_id": 4
},
{
"act_id": 664,
"details": "5. (1) Subject to the rules and regulations made under this Ordinance, the general direction, administration and supervision of the affairs of the Institute shall vest in a Board which may exercise all powers and do all acts and things that may be exercised or done by the Institute. (2) The Board in discharging its functions shall be guided on questions of policy by such instructions as may be given to it by the Government from time to time.",
"name": "Management",
"related_acts": "",
"section_id": 5
},
{
"act_id": 664,
"details": "2 6. Notwithstanding anything contained in this Act, the Institute, or any of its functionaries shall, in relation to the affairs of the Institute, ensure that- (a) any direction issued by the Council under or in pursuance of the provisions of section 8 or 14 of বাংলাদেশ কৃষি গবেষণা কাউন্সিল আইন, ১৯৯৬ (১৯৯৬ সনের ৭ নং আইন) is complied with; (b) any recommendation or determination made or advice given by the Council under or in pursuance of the provisions referred to in clause (a), as far as practicable, is given effect to: Provided that where, in the opinion of the Institute, it is not possible to give effect to such recommendation or advice or any part thereof,- (i) the Institute shall, without delay, communicate its opinion with reasons therefore to the Council; and (ii) the Council may, after consideration of such opinion, modify or revoke its earlier recommendation or advice, or may issue fresh recommendation or advice on the same subject: Provided further that the recommendation or advice so modified or issued afresh, as the case may be, shall be deemed to be a direction under clause (a) and shall be complied with accordingly.",
"name": "Certain directions etc., of Council to be given effect to",
"related_acts": "805",
"section_id": 6
},
{
"act_id": 664,
"details": "6A. (1) The Board shall consist of the following members, namely:- (a)\tthe Director-General, ex-officio, who shall also be the Chairman of the Board; (b)\ta representative of the Bangladesh Atomic Energy Commission, not below the rank of Director, to be nominated by that Commission; (c)\tthe Dean of the Faculty of Agriculture, Bangladesh Agricultural University, Mymensingh, ex-officio; (d)\ta representative of the Council, to be nominated by it; (e)\ta representative of the Department of Agricultural Extension, not below the rank of Director, to be nominated by the Ministry or Division dealing with agriculture; (f)\tthe Directors of the Institute, ex-officio; (g)\ttwo senior scientists of the Institute, to be nominated by the Ministry or Division dealing with agriculture; (h)\ttwo representatives, one from among the progressive farmers, and the other from amongst the Non-Government Organisations (NGO's) performing functions similar to those of the Institute, to be nominated by the Ministry or Division dealing with agriculture; (i)\ttwo representatives, one from the Ministry or Division dealing with agriculture and the other from the Finance Division of the Ministry dealing with finance, not below the rank of Deputy Secretary, to be nominated by that Ministry or Division. (2) The Director-in-charge of Administration of the Institute shall act as the Secretary of the Board.",
"name": "Constitution of the Board",
"related_acts": "",
"section_id": 7
},
{
"act_id": 664,
"details": "6B. (1) The members specified in clause (h) of section 6A(1) shall hold office for a period of three years from the date of their nomination: Provided that such members may resign their membership in writing addressed to the Chairman. (2) A person shall cease to be a member, if he- (a)\tdies; or (b)\tbeing a member specified in clause (h) of section 6A(1)- (i)\tresigns his membership under the provision to sub-section (1) of this section; or (ii)\this tenure expires under sub-section (1) of this section; or (iii)\tremains absent, without permission of the Chairman, from three consecutive meetings of the Board; or (c)\tis declared by a competent Court to be of unsound mind; or (d)\tis an undischarged insolvent; or (e)\thas been, on conviction for a criminal offence involving moral turpitude, sentenced to imprisonment for a term of not less than three months or to a fine not less than five thousand Taka and unless a period of two years has elapsed since his release or realisation of the fine, as the case may be, a person so sentenced shall not be eligible to be a member.",
"name": "Tenure of membership, resignation, etc.",
"related_acts": "",
"section_id": 8
},
{
"act_id": 664,
"details": "7.\tThe functions of the Institute shall be to- (a) \tundertake research adopting nuclear techniques for the purpose of ensuring a stable and productive agriculture through evolution of new varieties of crops, scientific management of land and water, development of appropriate technology to improve quality and quantity of crops, and development of methods for control of disease and insect and management of pest; (b) \tundertake agronomic and soil-plant studies; (c)\tcarry out demonstration tests or trial-runs of new varieties of crops and their management practices; (d)\tpublish annual reports relating to the activities of the Institute; (e)\tpublish agricultural manuals, monograms, bulletins and other literature relating to crop research; (f)\ttrain research and extension officers in the improved technology of crop production; (g)\tprovide post-graduate research facilities; (h)\torganise seminars, symposia and workshops on selected problems relating to agriculture and agricultural research and technology; (i)\tundertake research programmes in collaboration with other national and international agencies and organisations; (j)\tenter into bilateral agreements with foreign institutions for academic degrees, specialised training, scientific visits and exchange programmes; and (k)\tperform such other functions as may be necessary for the purposes of this Ordinance.",
"name": "Functions of the Institute",
"related_acts": "",
"section_id": 9
},
{
"act_id": 664,
"details": "8. (1) The meetings of the Board shall be convened by the Secretary of the Board, in consultation with the Chairman, at least once every quarter of a year. (2) All meetings of the Board shall be presided over by 3a member elected for the purpose by the members present and, in his absence, by the Vice-Chairman. (3) To constitute a quorum at a meeting of the Board not less than six members shall be present. (4) All matters at a meeting shall be decided by the votes of the majority of the members present and voting. (5) At a meeting of the Board, each member shall have one vote, and in the event of equality of votes, the Chairman 4or the member presiding over the meeting shall have a second or casting vote. (6) No act or proceeding of the Board shall be invalid merely on the ground of existence of any vacancy in, or any defect in the constitution of, the Board.",
"name": "Meetings of the Board",
"related_acts": "",
"section_id": 10
},
{
"act_id": 664,
"details": "9. (1) There shall be a 6Director-General of the Institute who shall be appointed by the Government for such period and on such terms and conditions as the Government may determine. (2) The 7Director-General shall be a full-time officer and the chief executive of the Institute. (3) The 8Director-General shall exercise such powers, and perform such functions, as may be prescribed or assigned to him by the Board.",
"name": "Director-General",
"related_acts": "",
"section_id": 11
},
{
"act_id": 664,
"details": "910. For the efficient performance of the functions of the Institute- (a) \tthe Government may appoint such number of Directors and on such terms and conditions as it may determine from time to time; (b) \tthe Board may appoint such officers and other employees and on such terms and conditions as it may determine from time to time.",
"name": "Appointment of Directors, officers etc.",
"related_acts": "",
"section_id": 12
},
{
"act_id": 664,
"details": "11. The Institute may, for carrying out its functions, borrow money, if necessary, with the approval of the Government.",
"name": "Power to borrow, etc.",
"related_acts": "",
"section_id": 13
},
{
"act_id": 664,
"details": "12. The Board shall, by such date before the commencement of every financial year as the Government may direct, submit to the Government for approval a budget, in such form as the Government may specify, for each financial year showing the estimated receipts and expenditure and the sums which are likely to be required from the Government during that financial year.",
"name": "Budget",
"related_acts": "",
"section_id": 14
},
{
"act_id": 664,
"details": "13. (1) The Institute shall have its own Fund which shall consist of- (a)\tgrants made by the Government; (b)\tloans obtained from the Government; (c)\tgrants made by the local authorities; and (d)\tgrants and aid received, with the approval of the Government, from any aid giving agency. (2) \tAll moneys of the Institute shall be kept in a scheduled bank.",
"name": "Fund of the Institute",
"related_acts": "",
"section_id": 15
},
{
"act_id": 664,
"details": "14. (1) The Board shall maintain its accounts in such manner as the Government may specify. (2) The accounts of the Board shall be audited by the Comptroller and Auditor-General of Bangladesh (hereinafter in this section referred to as the Auditor-General), in such manner as he deems fit. (3) For the purpose of an audit under sub-section (2), the Auditor-General or any person authorised by him in this behalf shall have access to all records, books, documents, cash, securities, stores and other property of the Institute and may examine the Chairman or any member, Director, officer or employee of the Board. (4) The Auditor-General shall, as soon as possible after completion of the audit, send to the Board his audit report and the Board shall forward it, with its comments thereon, to the Government. (5) The Board shall take steps forthwith to remedy any defects or irregularities pointed out in the audit report.",
"name": "Audit and accounts",
"related_acts": "",
"section_id": 16
},
{
"act_id": 664,
"details": "15. (1) The Board shall submit to the Government, as 10soon as possible after the end of every financial year, a report on the conduct of its affairs for that year. (2) The Board shall submit to the Government at such time and at such interval as the Government may specify- (a) \tsuch returns, accounts, statements, estimates and statistics as may be required by the Government; (b) \tinformation and comments asked for by the Government on any specific subject; (c) \tcopies of documents required by the Government for examination or any other purpose.",
"name": "Submission of reports, etc.",
"related_acts": "",
"section_id": 17
},
{
"act_id": 664,
"details": "16. The Board may, from time to time, appoint such committees as may be necessary to discharge such functions as may be assigned to them by the Board or to assist the 11Director-General in the performance of his functions.",
"name": "Committees of the Institute",
"related_acts": "",
"section_id": 18
},
{
"act_id": 664,
"details": "17. The Government may, by notification in the official Gazette, make rules for carrying out the purpose of this Ordinance.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 19
},
{
"act_id": 664,
"details": "18. (1) The Board may, with the prior approval of the Government, make regulations, not inconsistent with the provisions of this Ordinance and the rules, to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this Ordinance. (2) All regulations made under this section shall be published in the official Gazette and shall come into force on such publication.",
"name": "Power to make regulations",
"related_acts": "",
"section_id": 20
},
{
"act_id": 664,
"details": "19. Notwithstanding anything contained in any other law for the time being in force or in any contract or instrument, on the establishment of the Institute,- (a) \tthe Institute of Nuclear Agriculture, hereinafter referred to as the dissolved Institute, shall stand dissolved; (b) \tall assets, rights, powers, authorities and privileges, all property, movable and immovable, cash and bank balances, funds, investments and all other rights and interests in, or arising out of, such property of the dissolved Institute shall stand transferred to and vest in the Institute; (c) \tall debts, liabilities and obligations of the dissolved Institute shall be the debts, liabilities and obligations of the Institute; (d)\tall officers, consultants, advisers and other employees of the dissolved Institute shall become officers, consultants, advisers and employees of the Institute and shall hold office or service in the Institute on the same terms and conditions as were enjoyed by them immediately before such establishment and shall continue to do so until their remuneration or terms and conditions are duly altered by the Institute; (e) \tall suits and other legal proceedings instituted by or against the dissolved Institute before such establishment shall be deemed to be suits and proceedings by or against the Institute and shall be proceeded or otherwise dealt with accordingly.",
"name": "Savings",
"related_acts": "",
"section_id": 21
}
],
"text": "An Ordinance to provide for the establishment of the Bangladesh Institute of Nuclear Agriculture. WHEREAS it is expedient to provide for the establishment of the Bangladesh Institute of Nuclear Agriculture and for matters connected therewith and incidental thereto; NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 665,
"lower_text": [],
"name": "The Land Reforms Ordinance, 1984",
"num_of_sections": 22,
"published_date": "26th January, 1984",
"related_act": [
665
],
"repelled": true,
"sections": [
{
"act_id": 665,
"details": "1. (1) This Ordinance may be called the Land Reforms Ordinance, 1984. (2) It shall come into force on such date as the Government may, by notification in the official Gazette, specify.",
"name": "Short title and commencement",
"related_acts": "665",
"section_id": 1
},
{
"act_id": 665,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“bargadar” means a person who under the system generally known as adhi, barga or bhag cultivates the land of another person on condition of delivering a share of produce of such land to that person; (b) \t“barga contract” means the contract under which any land is cultivated by a person as a bargadar; (c) \t“barga land” means any land under cultivation of any person as a bargadar; (d) \t“family”, in relation to a person, includes such person and his wife, son, unmarried daughter, son's wife, son's son and son's unmarried daughter: Provided that an adult or married son who has been living in a separate mess independent of his parents and pays union rate in his own name and his wife, son and unmarried daughter shall be deemed to constitute a separate family; (e) \t“homestead” means a dwelling house with out-houses, tanks and enclosures immediately connected with it covering an area of not more than one standard bigha: Provided that where such area exceeds one standard bigha, the excess land shall not be deemed to be homestead; (f)\t“malik” means a person or an organisation, body or authority holding agricultural land; (g)\t“owner” in relation to a barga land, means the person from whom the bargadar gets the land for cultivation under a barga contract; (h) \t“personal cultivation” means cultivation by a person of his own land or barga land on his own account- (i)\tby his own labour, or (ii)\tby the labour of any member of his family, or (iii)\tby the labour of any servant or labourer employed on wages to supplement his own labour or labour of any member of his family; (i) \t“prescribed” means prescribed by rules made under this Ordinance; (j) \t“prescribed appellate authority” means an authority appointed by the Government, by notification in the official Gazette, for the purpose of hearing all or any of the appeals under this Ordinance, or an authority specified in the rules for such purpose; (k)\t“prescribed authority” means an authority appointed by the Government, by notification in the official Gazette, for all or any of the purpose of this Ordinance, except for the purpose of hearing appeals, or an authority specified in the rules for such purposes; (l)\t“produce” includes straw, stalk of any crop and any other crop residue; (m)\t“rules” means rules made under this Ordinance; (n) \t“rural area” means any area which is not included within a municipality.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 665,
"details": "3. The provisions of this Ordinance shall have effect notwithstanding anything to the contrary contained in any other law for the time being in force or in any custom or usage or in any contract or instrument.",
"name": "Ordinance to override other laws, etc.",
"related_acts": "",
"section_id": 3
},
{
"act_id": 665,
"details": "4. (1) No malik who or whose family owns more than sixty standard bighas of agricultural land shall acquire any new agricultural land by transfer, inheritance, gift or any other means. (2) A malik who or whose family owns less than sixty standard bighas of agricultural land may acquire new agricultural land by any means, but such new land, together with the agricultural land owned by him, shall not exceed sixty standard bighas. (3) If any malik acquires any new agricultural land in contravention of the provisions of this section, the area of land which is in excess of sixty standard bighas shall vest in the Government and no compensation shall be payable to him for the land so vested, except in the case where the excess land is acquired by inheritance, gift or will. (4) Compensation for the excess land payable under sub-section (3) shall be assessed and paid in such manner as may be prescribed: Provided that where such compensation is payable only for a portion of the excess land, the assessment and payment of compensation shall be made for such portion of the excess land as the malik may specify in this behalf.",
"name": "Limitation on acquisition of agricultural land",
"related_acts": "",
"section_id": 4
},
{
"act_id": 665,
"details": "5. (1) No person shall purchase any immovable property for his own benefit in the name of another person. (2) Where the owner of any immovable property transfers or bequeaths it by a registered deed, it shall be presumed that he has disposed of his beneficial interest therein as specified in the deed and the transferee or legatee shall be deemed to hold the property for his own benefit, and no evidence, oral or documentary, to show that the owner did not intend to dispose of his beneficial interest therein or that the transferee or legatee holds the property for the benefit of the owner, shall be admissible in any proceeding before any Court or authority. (3) Where any immovable property is transferred to a person by a registered deed, it shall be presumed that such person has acquired the property for his own benefit, and where consideration for such transfer is paid or provided by another person it shall be presumed that such other person intended to pay or provide such consideration for the benefit of the transferee, and no evidence, oral or documentary, to show that the transferee holds the property for the benefit of any other person or for the benefit of the person paying or providing the consideration shall be admissible in any proceeding before any Court or authority.",
"name": "No benami transaction",
"related_acts": "",
"section_id": 5
},
{
"act_id": 665,
"details": "6. Any land used as a homestead by its owner in the rural area shall be exempted from all legal processes, including seizure, distress, attachment or sale by any officer, Court or any other authority and the owner of such land shall not be divested or dispossessed of the land or evicted therefrom by any means: Provided that nothing in this section shall apply to the acquisition of such homestead under any law.",
"name": "No eviction, etc., from homestead",
"related_acts": "",
"section_id": 6
},
{
"act_id": 665,
"details": "7. (1) Where in the rural areas any khas land fit for being used as homestead is available, the Government shall, in setting such land, give preference to landless farmers and labourers: Provided that not more than five kathas of such land shall be allotted for such purpose to any individual. (2) Any land settled under sub-section (1) shall be heritable but not transferable.",
"name": "Settlement of khas land for homestead",
"related_acts": "",
"section_id": 7
},
{
"act_id": 665,
"details": "8. (1) Subject to the other provisions of this Ordinance, no person shall allow another person to cultivate his land and no person shall cultivate the land of another person on condition of sharing the produce of such land between them unless they execute a contract for such cultivation in such form and manner as may be prescribed. (2) A barga contract shall be valid for a period of five years commencing from such date as may be specified in the barga contract.",
"name": "Cultivation under barga contract",
"related_acts": "",
"section_id": 8
},
{
"act_id": 665,
"details": "9. (1) Any person cultivating the land of another person as a bargadar immediately before the commencement of this Ordinance shall be deemed to be a bargadar in respect of such land under this Ordinance. (2) The owner and the bargadar of any land referred to in sub-section (1) shall execute a contract as required under section 8 within ninety days from the date of commencement of this Ordinance. (3) If the parties fail to execute the contract within the specified period, any of them may make an application to the prescribed authority for getting a contract executed. (4) The prescribed authority shall, after making such enquiry as it deems fit, within sixty days of receipt of the application, decide whether or not the applicant is entitled to get such contract executed. (5) If the prescribed authority decides that the applicant is entitled to get a contract executed in respect of any property mentioned in the application, it shall direct the opposite party to execute the contract within two weeks from the date of receipt of the direction and, if such party fails to execute, the authority shall execute it on behalf of such party. (6) A barga contract executed under this section shall be deemed to be effective from the date of commencement of this Ordinance, and shall be valid for a period of five years from that date.",
"name": "Recognition of existing bargadars",
"related_acts": "",
"section_id": 9
},
{
"act_id": 665,
"details": "10. (1) Where a bargadar dies before the expiry of the period of barga contract, the cultivation of the barga land may be continued by the surviving members of the family of the deceased bargadar till such expiry or till the barga contract is terminated under this Ordinance. (2) Where the bargadar dies without leaving any person in his family who is in a position to cultivate the land, the owner of the land may bring the land under his personal cultivation or allow such land to be cultivated by another bargadar.",
"name": "Cultivation of barga land after bargadar’s death",
"related_acts": "",
"section_id": 10
},
{
"act_id": 665,
"details": "11. (1) No owner shall be entitled to terminate a barga contract except in execution of an order, made by the prescribed authority, on the ground that- (a) the bargadar has, without any reasonable cause, failed to cultivate the barga land; (b) the bargadar has, without any reasonable cause, failed to produce any crop equal to the average output of such crop in any land similar to the barga land in the locality; (c)\tthe bargadar has used the barga land wholly or partly for any purpose other than agriculture; (d)\tthe bargadar has contravened any provision of this Ordinance or the rules or orders made thereunder; (e)\tthe bargadar has surrendered or voluntarily abandoned his right of cultivation; (f) \tthe barga land is not under personal cultivation of the bargadar; or (g)\tthe owner requires the barga land bona fide for personal cultivation. (2) If the owner, without reasonable cause, fails to bring under personal cultivation any land on termination of a barga contract under sub-section (1)(g) or allows such land to be cultivated by some other bargadar within twenty four months of the date of such termination, the prescribed authority may, on an application made by the evicted bargadar, restore the possession of the land to such bargadar who shall thereupon continue to cultivate the land till the expiry of the period of barga contract or termination of the barga contract under this Ordinance.",
"name": "Termination of barga contract",
"related_acts": "",
"section_id": 11
},
{
"act_id": 665,
"details": "12. (1) The produce of any barga land shall be divided in the following manner, namely:- (a)\tone-third shall be received by the owner for the land; (b)\tone third shall be received by bargadar for the labour; (c)\tone-third shall be received by the owner or the bargadar or by both in proportion to the cost of cultivation, other than the cost of labour, borne by them. (2) The harvested crop of any barga land shall be stored for thrashing and division either at any place belonging to the bargadar or any place belonging to the owner, whichever is nearer to the barga land, or at any other place agreed upon between the parties. (3) The bargadar shall tender to the owner the share of the produce due to him immediately after harvesting of the crop and when the tendered share is accepted by the owner, each party shall give to the other a receipt in such form as may be prescribed for the quantity of the produce received by him. (4) If the owner refuses to accept the share of the produce tendered to him by the bargadar or to give a receipt therefore, the bargadar shall give intimation of such fact in writing to the prescribed authority. (5) The prescribed authority shall, on receipt of such intimation, serve a notice upon the owner, in such form and manner as may be prescribed, asking him to take delivery of the produce within seven days from the date of service of the notice. (6) If the owner fails to take delivery of the produce within seven days from the date of service of the notice, the prescribed authority shall permit the bargadar to sell the produce to any Government purchasing agency or, in the absence of such agency, in the local market. (7) If the bargadar sells the produce, he shall deposit the proceeds of such sale with the prescribed authority within seven days from the date of sale. (8) The prescribed authority shall give to the bargadar a receipt, in such form as may be prescribed, stating therein the amount of money deposited with him and the quantity of produce sold by the bargadar and such receipt shall discharge the bargadar from his obligation to deliver the share of the produce to the owner: Provided that the quantity of the produce due to the owner, the obligation of the bargadar with regard to the delivery of the quantity of the produce not tendered or sold shall continue. (9) Where a deposit is made under sub-section (7), the prescribed authority shall give intimation of such deposit to the owner in such form and manner as may be prescribed. (10) If the owner does not receive the money in deposit from the prescribed authority within one month from the date of receipt of intimation of such deposit, the prescribed authority may deposit the money in the treasury in revenue deposit to the credit of the owner and give intimation of such deposit to the owner in such form and manner as may be prescribed.",
"name": "Division of produce of barga land",
"related_acts": "",
"section_id": 12
},
{
"act_id": 665,
"details": "13. (1) Where the owner intends to sell the barga land, he shall ask the bargadar in writing if he is willing to purchase the land: Provided that this provision shall not apply where the owner sells the land to a co-sharer or to his parent, wife, son, daughter or son's son or to any other member of his family. (2) The bargadar shall, within fifteen days from the date of receipt of the offer, inform the owner in writing of his decision to purchase or not to purchase the land. (3) If the bargadar agrees to purchase the land, he shall negotiate the price of the land with the owner and purchase the land on such terms as may be agreed upon between them. (4) If the owner does not receive any intimation from the bargadar regarding his decision either to purchase or not to purchase the land within the specified time or if the bargadar informs the owner of his decision not to purchase the land or if the bargadar does not agree to pay the price demanded by the owner, the owner may sell the land to any person he deems fit: Provided that the owner shall not sell the land to such person at a price which is lower than the price offered by the bargadar. (5) Where the barga land is purchased by a person other than the bargadar, the barga contract in respect of the land shall be binding upon the purchaser as if the purchaser were a party to the contract.",
"name": "Bargadar’s right to purchase",
"related_acts": "",
"section_id": 13
},
{
"act_id": 665,
"details": "14. (1) No bargadar shall be entitled to cultivate more than fifteen standard bighas of land. Explanation.- In computing this ceiling, area of any land owned by the bargadar as well as the land cultivated by him as a bargadar and held by him under a complete usufructuary mortgage shall be taken into account. (2) If a bargadar cultivates land in excess of fifteen standard bighas, the share of the produce due to him as a bargadar in respect of the excess land may be compulsorily procured by the Government by order made in this behalf by the prescribed authority.",
"name": "Ceiling of barga land",
"related_acts": "",
"section_id": 14
},
{
"act_id": 665,
"details": "15. (1) No person shall cultivate the land of another person except under a barga contract or complete usufructuary mortgage or as a servant or labourer. (2) If a person cultivates the land of another person in violation of the provisions of this section, the produce of the land may be compulsorily procured by the Government by order made in this behalf by the prescribed authority.",
"name": "Restriction of cultivation",
"related_acts": "",
"section_id": 15
},
{
"act_id": 665,
"details": "16. (1) Every disputes between a bargadar and the owner in respect of- (a) division or delivery of the produce, (b)\ttermination of barga contract, (c)\tplace of storing and thrashing of the produce, shall be decided by the prescribed authority. (2) If in deciding any dispute referred to in sub-section (1), any question arises as to whether a person is a bargadar or not or to whom the share of the produce is deliverable, such question shall be determined by the prescribed authority. (3) The prescribed authority shall not entertain any dispute if it is not referred to it by an application praying for its decision thereon within three months from the date on which the dispute arose. (4) The prescribed authority shall, after giving the parties an opportunity of being heard and adducing evidence and making such enquiry as it deems necessary, give its decision within three months from the date of receipt of the application.",
"name": "Disputes",
"related_acts": "",
"section_id": 16
},
{
"act_id": 665,
"details": "17. (1) An appeal shall lie to the prescribed appellate authority against any order, decision or action made or taken by the prescribed authority under any provision of this Ordinance. (2) An appeal under sub-section (1) shall be filed within thirty days from the date of receipt or knowledge of the order, decision or action appealed against. (3) The decision of the prescribed appellate authority shall be final.",
"name": "Appeals",
"related_acts": "",
"section_id": 17
},
{
"act_id": 665,
"details": "18. (1) The prescribed authority and the prescribed appellate authority shall, in deciding any matter, dispute or appeal, follow such procedure as may be prescribed. (2) Any person filing any application to the prescribed authority or any appeal to the prescribed appellate authority shall pay such fees as may be prescribed.",
"name": "Procedure",
"related_acts": "",
"section_id": 18
},
{
"act_id": 665,
"details": "19. Any decision or order of the prescribed authority or of the prescribed appellate authority shall be executed or enforced in such manner as may be prescribed.",
"name": "Execution",
"related_acts": "",
"section_id": 19
},
{
"act_id": 665,
"details": "20. No order, decision, action or proceedings made or taken by any authority under this Ordinance shall be called in question in any Court and no Court shall entertain any suit or proceeding in respect of any such order, decision, action or proceedings.",
"name": "Bar of jurisdiction",
"related_acts": "",
"section_id": 20
},
{
"act_id": 665,
"details": "21. Any person who violates any provision of this Ordinance or the rules or any order of any authority made under this Ordinance or the rules shall be punishable with fine which may extend to two thousand Taka.",
"name": "Penalty",
"related_acts": "",
"section_id": 21
},
{
"act_id": 665,
"details": "22. The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 22
}
],
"text": "An Ordinance to reform the law relating to land tenure, land holding and land transfer with a view to maximising production and ensuring a better relationship between land owners and bargadars. WHEREAS it is expedient to reform the law relating to land tenure, land holding and land transfer with a view to maximising production and ensuring a better relationship between land owners and bargadars; NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 666,
"lower_text": [],
"name": "The Agricultural Labour (Minimum Wages) Ordinance, 1984",
"num_of_sections": 8,
"published_date": "22nd February, 1984",
"related_act": [
665,
666
],
"repelled": false,
"sections": [
{
"act_id": 666,
"details": "1. This Ordinance may be called the Agricultural Labour (Minimum Wages) Ordinance, 1984.",
"name": "Short title",
"related_acts": "666",
"section_id": 1
},
{
"act_id": 666,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“agricultural labourer” means any person employed in agricultural crop production, but does not include- (i)\ta person employed by the Government; (ii)\ta person employed in a plantation as defined in clause (iii) of section 2 of the Payment of Wages Act, 1936 (IV of 1936); (iii)\ta person who works as a family labourer on monthly wages; (iv)\ta person employed by a company registered under the Companies Act, 1913 (VII of 1913), engaged in production and sale of fish or livestock of any kind; (v)\ta bargadar as defined in the Land Reforms Ordinance, 1984 (X of 1984); (b)\t“wages” means all remuneration which would, if the terms of contract of employment, express or implied, were fulfilled, be payable to a person in respect of his employment or work done in such employment, but does not include any sum paid to such person to defray special expenses incurred by him in respect of his employment.",
"name": "Definitions",
"related_acts": "665",
"section_id": 2
},
{
"act_id": 666,
"details": "3. (1) The minimum rate of wages for agricultural labour per day shall be 3.27 kilograms of rice or such amount of money as is equal to the price of this quantity of rice in the local market. (2) The Government may, by notification in the official Gazette, review from time to time the minimum rate of wages fixed under sub-section (1), on the recommendation of the Council of Minimum Wages and Prices for Agricultural Labour constituted under section 4. (3) The Government may, on review of the minimum rate of wages under sub-section (2), fix different rates of minimum wages for different areas, for different classes of agricultural labourer or different kinds of agricultural labourer. (4) Notwithstanding anything contained in this section, no rate of minimum wages shall be reviewed earlier than three years from the date on which it was fixed, unless special circumstances so require.",
"name": "Minimum wages for agricultural labour",
"related_acts": "",
"section_id": 3
},
{
"act_id": 666,
"details": "4. (1) The Government may, by notification in the official Gazette, constitute a Council to be called the Council of Minimum Wages and Prices for Agricultural Labour for the purposes of this Ordinance. (2) The Council shall consist of a Chairman and such number of other members as the Government may deem fit to appoint. (3) The Council shall, upon a reference made to it by the Government, recommend to the Government, after such enquiry as the Council thinks fit and after consideration of the economic conditions, costs of living and other relevant factors, the minimum rates of wages for agricultural labour. (4) The Council may, if the circumstances so demand, recommend different rates of minimum wages for different areas, for different classes of agricultural labourer or for different kinds of agricultural labour. (5) In making its recommendations, the Council shall take into consideration the views of the Upazila Parishads, if any.",
"name": "Constitution of Council of Minimum Wages and Prices for Agricultural Labour",
"related_acts": "",
"section_id": 4
},
{
"act_id": 666,
"details": "5. (1) No person shall pay any agricultural labourer wages at a rate lower than the rate fixed by or under this Ordinance to be the minimum wages for such labourer. (2) Nothing in sub-section (1) shall be deemed to affect, in any way, the right of an agricultural labourer to continue to receive wages at a rate higher than the minimum rate fixed by or under this Ordinance, if under any agreement or contract or otherwise, he is entitled to receive wages at such higher rate, or to continue to enjoy such amenities and other advantages as are customary for such labourer to enjoy.",
"name": "Payment of minimum wages",
"related_acts": "",
"section_id": 5
},
{
"act_id": 666,
"details": "6. (1) Any person who contravenes the provision of section 5 shall be liable to pay to the aggrieved person compensation of an amount not exceeding two times the amount which would have been paid to him had there been no such contravention. (2) Notwithstanding anything contained in any other law for the time being in force, a suit for recovery of the wages and compensation payable to an agricultural labourer shall lie to a Village Court.",
"name": "Compensation and recovery procedure",
"related_acts": "",
"section_id": 6
},
{
"act_id": 666,
"details": "7. The minimum rates of wages fixed by or under this Ordinance shall not be called in question in or before any Court or authority.",
"name": "Protection of minimum wage",
"related_acts": "",
"section_id": 7
},
{
"act_id": 666,
"details": "8. In the Village Courts Ordinance, 1976 (LXI of 1976), in the Schedule, in Part II, after item 5, the following new item shall be added, namely:- “6. Suit for recovery of wages and compensation payable to agricultural labourers.”",
"name": "Amendment of Ordinance LXI of 1976",
"related_acts": "",
"section_id": 8
}
],
"text": "An Ordinance to provide for fixation of minimum rates of wages for agricultural labourers. WHEREAS it is expedient to provide for fixation of minimum rates of wages for agricultural labourers and for matters ancillary thereto; NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 667,
"lower_text": [
"1 Clause (ff) was inserted by section 2 of the Bangladesh Public Administration Training Centre (Amendment) Ordinance, 1986 (Ordinance No. XXXVII of 1986)",
"2 Clause (g) was substituted by section 2 of the Bangladesh Public Administration Training Centre (Amendment) Ordinance, 1986 (Ordinance No. XXXVII of 1986"
],
"name": "The Bangladesh Public Administration Training Centre Ordinance, 1984",
"num_of_sections": 20,
"published_date": "11th April, 1984",
"related_act": [
667
],
"repelled": true,
"sections": [
{
"act_id": 667,
"details": "1. (1) This Ordinance may be called the Bangladesh Public Administration Training Centre Ordinance, 1984. (2) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint.",
"name": "Short title and commencement",
"related_acts": "667",
"section_id": 1
},
{
"act_id": 667,
"details": "2. \tIn this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“Board” means the Board of Governors of the Centre; (b)\t“Chairman” means the Chairman of the Board; (c)\t“Centre” means the Bangladesh Public Administration Training Centre established under section 3; (d)\t“member” means a member of the Board; (e)\t“prescribed” means prescribed by rules or regulations made under this Ordinance; and (f)\t“Rector” means the Rector appointed under section 8.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 667,
"details": "3. (1) There shall be a Public Administration Training Centre to be called the Bangladesh Public Administration Training Centre for carrying out the purposes of this Ordinance. (2) The Centre shall be a body corporate having perpetual succession and a common seal with power to acquire, hold and dispose of property, both movable and immovable, and shall by the said name sue and sued.",
"name": "Establishment of the Centre",
"related_acts": "",
"section_id": 3
},
{
"act_id": 667,
"details": "4. (1) Subject to the rules and regulations made under this Ordinance, the general direction and administration of the affairs of the Centre shall vest in a Board of Governors which may exercise all powers and do all things which may be exercised or done by the Board. (2) The Board in discharging its functions shall be guided on questions of policy by such instructions as may be given to it by the Government from time to time.",
"name": "General direction",
"related_acts": "",
"section_id": 4
},
{
"act_id": 667,
"details": "5. (1) The Board shall consist of the following members, namely:- (a)\ta Minister to be nominated by the Government, who shall also be the Chairman of the Board; (b)\tCabinet Secretary, ex-officio; (c)\tRector, ex-officio; (d)\tSecretary, Ministry of Establishment, ex-officio; (e)\tSecretary, Finance Division, ex-officio; (f)\tSecretary, Education Division, ex-officio; 1(ff) \tVice-Chancellor, Jahangirnagar University, ex-officio; 2(g) \ta Vice-Chancellor of a University, other than the Jahangirnagar University, to be nominated by the Government; (h)\tCommandant, Defence Services Command and Staff College, ex-officio; (i)\tChairman, Bangladesh Federation of Commerce and Industry, ex-officio; (j)\tChairman, Department of Public Administration, University of Dhaka, Chittagong, Rajshahi or Jahangirnagar by rotation in that order; (k)\ttwo persons including one woman to be nominated by the Government. (2) The members mentioned in sub-section (1) (g), (j) and (k) shall hold office for a period of two years.",
"name": "Board",
"related_acts": "",
"section_id": 5
},
{
"act_id": 667,
"details": "6. The functions of the Centre shall be- (a)\tto equip senior public and business executive of Bangladesh for their role in a dynamic and developing society; (b)\tto impart in-service training to persons in the service of the Republic and of local authorities; (c)\tto provide foundational training to the officers of different cadres and sub-cadres of Bangladesh Civil Service; (d)\tto provide foundational and refresher training to non-cadre officers of the Government; (e)\tto organise research and publication on public administration and development; (f)\tto publish books, periodicals and reports on administration and development; (g)\tto establish and maintain libraries and reading rooms; (h)\tto advise the Government on any specific problem of administration and development as and when referred to it; (i)\tto prescribe courses of training; (j)\tto grant certificates to persons who have undergone training at the Centre; and (k)\tto do such other acts and things as may be considered necessary for carrying out the purposes of this Ordinance.",
"name": "Functions of the Centre",
"related_acts": "",
"section_id": 6
},
{
"act_id": 667,
"details": "7. (1) The meetings of the Board shall be held at such times and places and in such manner as may be prescribed: Provided that, until so prescribed, such meetings shall be held at such times and places as may be determined by the Chairman. (2) To constitute a quorum at a meeting of the Board, not less than six members shall be present. (3) All meetings of the Board shall be presided over by the Chairman and, in his absence, by a member authorised in writing by the Chairman. (4) At a meeting of the Board, each member shall have one vote, and, in the event of equality of votes, the person presiding shall have a second or casting vote. (5) No act or proceeding of the Board shall be invalid or be called in question merely on the ground of any vacancy in, or any defect in the constitution of, the Board.",
"name": "Meetings of the Board",
"related_acts": "",
"section_id": 7
},
{
"act_id": 667,
"details": "8. (1) There shall be a Rector of the Centre who shall be appointed by the Government on such terms and conditions as may be determined by it. (2) The Rector shall be a whole time officer and the chief executive of the Centre. (3) Subject to the provisions of this Ordinance, the Rector shall manage the business and fund of the Centre and shall be responsible for the efficient management of the business of the Centre and for the proper execution of the decision of the Board. (4) The Rector shall perform such other functions as may be assigned to him by the Board or as may be prescribed. (5) If a vacancy occurs in the office of Rector or if the Rector is unable to discharge the functions of his office on account of absence, illness or any other cause, the Government shall make such arrangement for discharging the functions of the Rector as it may consider expedient.",
"name": "Rector",
"related_acts": "",
"section_id": 8
},
{
"act_id": 667,
"details": "9. (1) There shall be appointed such number of Directors and Members of the Directing Staff of the Centre as the Government may determine from time to time. (2) A Director or a Member of the Directing Staff shall be appointed by the Government on such terms and conditions as it may determine. (3) A Director or a Member of the Directing Staff shall perform such functions as may be assigned to him by the Rector or as may be prescribed.",
"name": "Director and Member of Directing Staff",
"related_acts": "",
"section_id": 9
},
{
"act_id": 667,
"details": "10. The Centre may, subject to such general or special order as the Government may give from time to time, appoint such officers and other employees as it considers necessary for the efficient performance of its functions on such terms and conditions as may be prescribed.",
"name": "Appointment of officers, etc.",
"related_acts": "",
"section_id": 10
},
{
"act_id": 667,
"details": "11. The Board may appoint such committee as it may consider necessary to assist it in the performance of its functions.",
"name": "Committees",
"related_acts": "",
"section_id": 11
},
{
"act_id": 667,
"details": "12. The Board may, by general or special order in writing, direct that such of its powers shall in such circumstances and under such conditions, if any, as may be specified in the order, be exercisable also by the Chairman, the Rector, a member or by such officer of the Centre as may be so specified: Provided that no power to make regulations under section 20 shall be delegated under this section.",
"name": "Delegation of powers",
"related_acts": "",
"section_id": 12
},
{
"act_id": 667,
"details": "13. (1) The funds of the Centre shall comprise- (a)\tgrants made by the Government; (b)\tgrants from the local authorities; (c)\tloans obtained from the Government and local authorities; (d)\tsale proceeds and royalties accruing from the property owned by the Centre; (e)\treceipts from any other source. (2) The funds of the Centre shall be kept in a scheduled Bank approved by the Board.",
"name": "Funds of the Centre",
"related_acts": "",
"section_id": 13
},
{
"act_id": 667,
"details": "14. The Centre shall, by such date in each year as may be specified by the Government, submit to the Government for approval a budget for each financial year showing the estimated receipts and expenditure and the sums which are likely to be required from the Government during that financial year.",
"name": "Budget of the Centre",
"related_acts": "",
"section_id": 14
},
{
"act_id": 667,
"details": "15. (1) The Centre shall maintain its accounts in such manner and form as may be prescribed. (2) The accounts of the Centre shall be audited by the Comptroller and Auditor-General of Bangladesh, hereinafter in this section referred to as the Auditor-General, in such manner as he deems fit. (3) For the purpose of an audit under sub-section (2), the Auditor-General or any person authorised by him in this behalf shall have access to all records, books, documents, cash, securities, stores and other property of the Centre and may examine the Chairman or any member or any officer or employee of the Centre. (4) The Auditor General shall, as soon as possible after completion of the audit, send to the Board his audit report and the Board shall forward it, with its comments thereon, to the Government. (5) The Centre shall take steps forthwith to remedy any defect or irregularity pointed out in the audit report.",
"name": "Audit and accounts",
"related_acts": "",
"section_id": 15
},
{
"act_id": 667,
"details": "16. (1) The Centre shall as soon as possible after the end of every financial year, submit to the Government an annual report on the conduct of its affairs for that year. (2) The Government may require the Centre to furnish any report, return, statement, estimate, statistics or other information regarding any matter under the control of the Centre and the Centre shall comply with every such requisition.",
"name": "Submission of annual report, etc.",
"related_acts": "",
"section_id": 16
},
{
"act_id": 667,
"details": "17. (1) Notwithstanding anything contained in any other law for the time being in force or in any regulation, resolution, agreement, contract or other instrument, on the commencement of this Ordinance- (a)\tBangladesh Administrative Staff College, National Institute of Public Administration, Civil Officer Training Academy, Staff Training Institute and Regional Staff Training Institutes, hereinafter referred to as the said training organisations, shall cease to exist; (b)\tall assets, rights, powers, authorities and privileges and all properties, movable or immovable, cash and bank balances, reserved funds, investments and all other rights and interest in, or arising out of, such properties and all books of accounts, registers, records and all other documents of whatever nature relating thereto, of the said training organisations shall stand transferred to, and vest in, the Centre; (c)\tall debts, liabilities and obligations incurred, all contracts entered into and all matters and things engaged to be done by, with or for, the said training organisations before such commencement, shall be deemed to have been incurred, entered into or engaged to be done by, with or for, the Centre; (d)\tall suits, prosecutions and other legal proceedings instituted by or against the said training organisations shall be deemed to have been instituted by or against the Centre and may be continued or proceeded with accordingly; (e)\tevery person serving in connection with the affairs of the said training organisations shall stand transferred to the Centre and shall serve the Centre on such terms and conditions, not being disadvantageous to him, as the Government may determine, and the person so transferred shall, except in the matter of dismissal, removal or reduction in rank, be subject to the power and control of the Centre in the same manner and to the same extent as, any officer or employee appointed by the Centre. (2) The Government may, for the purposes of removing any difficulty in relation to the transfer and other matters specified in sub-section (1), make such orders as it may consider expedient and any such order shall be deemed to be, and given effect to as, part of the provisions of this Ordinance.",
"name": "Certain training organisations to cease to exist, etc.",
"related_acts": "",
"section_id": 17
},
{
"act_id": 667,
"details": "18. No suit, prosecution or other legal proceedings shall lie against the Board, the Chairman, the Rector or any member of the Board or any officer or employee of the Centre for anything done or intended to be done in good faith under this Ordinance.",
"name": "Indemnity",
"related_acts": "",
"section_id": 18
},
{
"act_id": 667,
"details": "19. (1) The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 19
},
{
"act_id": 667,
"details": "20. (1) The Board may make regulations, not inconsistent with this Ordinance or rules made thereunder, to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this Ordinance. (2) All regulations made under this section shall be published in the official Gazette and shall come into force on such publication.",
"name": "Power to make regulations",
"related_acts": "",
"section_id": 20
}
],
"text": "An Ordinance to provide for the establishment of a Public Administration Training Centre. WHEREAS it is expedient to provide for the establishment of a Public Administration Training Centre and for matters connected therewith or incidental thereto; NOW, THEREFORE, in pursuance of the Proclamation of the 24th March,1982, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 668,
"lower_text": [],
"name": "The Bangladesh Institute of International and Strategic Studies Ordinance, 1984",
"num_of_sections": 18,
"published_date": "17th April, 1984",
"related_act": [
668
],
"repelled": true,
"sections": [
{
"act_id": 668,
"details": "1. This Ordinance may be called the Bangladesh Institute of International and Strategic Studies Ordinance, 1984.",
"name": "Short title",
"related_acts": "668",
"section_id": 1
},
{
"act_id": 668,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“Board” means the Board of Governors of the Institute; (b)\t“Chairman” means the Chairman of the Board; (c)\t“Director-General” means the Director-General of the Institute; (d)\t“Institute” means the Bangladesh Institute of International and Strategic Studies incorporated under this Ordinance; (e)\t“member” means a member of the Board; (f)\t“Prescribed” means prescribed by rules made under this Ordinance; and (g)\t“Vice-Chairman” means the Vice-Chairman of the Board.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 668,
"details": "3. The Bangladesh Institute of International and Strategic Studies, established by the Government is hereby constituted a body corporate by the said name and as such body corporate it shall have perpetual succession and a common seal with power, subject to the provisions of this Ordinance, to acquire, hold and dispose of property, both movable and immovable, and shall by the said name sue and be sued.",
"name": "Incorporation of the Institute",
"related_acts": "",
"section_id": 3
},
{
"act_id": 668,
"details": "4. (1) The headquarters of the Institute shall be at Dhaka. (2) The Institute may establish its branches at such places as the Board may decide.",
"name": "Headquarters of the Institute",
"related_acts": "",
"section_id": 4
},
{
"act_id": 668,
"details": "5. (1) The aims and objects of the Institute shall be- (a)\tto undertake and promote studies, research and dissemination of knowledge in respect of international relations, national issues and policies relating to security, defence and external relations, and international peace and security including its strategic aspects; (b)\tto assist the Government, when required by it, in the planning, formulation and implementation of policies in the fields mentioned in clause (a); (c) \tto provide a forum for exchange of knowledge and views among persons in the service of the Republic and scholars in such fields with a view of fostering better understanding of relevant national and international issues and policies; (d)\tto exchange information, views and materials with the agencies and scholars engaged in similar studies and research within and outside the country; and (e)\tto act as a documentation centre for international affairs and strategic studies. (2) In particular and without prejudice to the generality of the above aims and objects, the Institute shall have power- (a)\tto hold meetings and arrange lectures, seminars and conferences for better understanding of relevant national and international issues in the fields mentioned in sub-section (1)(a); (b) \tto publish books, periodicals and reports on studies in the Institute; (c) \tto institute Research Scholarships and Fellowships for encouraging studies in various fields relevant to the aims and objects of the Institute; and (d)\tto take such other actions as may further the aims and objects of the Institute.",
"name": "Aims and objects of the Institute",
"related_acts": "",
"section_id": 5
},
{
"act_id": 668,
"details": "6. The general direction and superintendence of the affairs of the Institute shall vest in a Board of Governors which may exercise all powers and do all acts and things which may be exercised or done by the Institute in accordance with the provisions of this Ordinance.",
"name": "Management",
"related_acts": "",
"section_id": 6
},
{
"act_id": 668,
"details": "7. (1) The Board of Governors shall consist of the following members, namely:- (a) \ta Chairman to be appointed by the Government; (b) \ta Vice-Chairman to be appointed by the Government; (c) \tthe Secretary, Ministry of Foreign Affairs, ex-officio; (d) \tthe Secretary, Defence Division, ex-officio; (e) \tthe Secretary, Finance Division, ex-officio; (f) \tan Additional Secretary, Ministry of Foreign Affairs, to be nominated by that Ministry; (g) \tthe Chief of General Staff, Bangladesh Army, ex-officio; (h) \tthe Director-General (Research), Ministry of Foreign Affairs, ex-officio; (i) \tthe Assistant Chief of Naval Staff, ex-officio; (j) \tthe Assistant Chief of Air Staff, ex-officio; and (k) \tthe Director-General, ex-officio. (2) The Board may co-opt as its members three specialists or scholars in the fields of studies with which the Institute is concerned.",
"name": "Board of Governors",
"related_acts": "",
"section_id": 7
},
{
"act_id": 668,
"details": "8. (1) The Chairman and the Vice-Chairman shall hold office on such terms and conditions as the Government may determine. (2) The Chairman and the Vice-Chairman shall perform such functions as the Government may direct or as may be prescribed.",
"name": "Chairman and Vice-Chairman",
"related_acts": "",
"section_id": 8
},
{
"act_id": 668,
"details": "9. (1) There shall be a Director-General of the Institute who shall be appointed by the Government on such terms and conditions as the Government may determine. (2) The Director-General shall be the Chief Executive of the Institute and shall, on behalf of the Board, direct and control the affairs of the Institute in accordance with the provisions of this Ordinance. (3) The Director-General shall act as the Secretary to the Board. (4) The Director-General shall be responsible for the implementation of the decision of the Board.",
"name": "Director-General",
"related_acts": "",
"section_id": 9
},
{
"act_id": 668,
"details": "10. (1) The meetings of the Board shall be held at such times and places as may be decided by the Chairman. (2) Five members including the Chairman shall form the quorum at a meeting of the Board. (3) At a meeting of the Board each member shall have one vote and in the event of equality of votes, the person presiding shall have a second or casting vote. (4) The meeting of the Board shall be presided over by the Chairman, and in his absence, by the Vice-Chairman, and in the absence of both, by a member elected for the purpose by the members present. (5) No act or proceeding of the Board shall be invalid merely on the ground of the existence of any vacancy in, or any defect in the constitution of, the Board.",
"name": "Meetings of the Board",
"related_acts": "",
"section_id": 10
},
{
"act_id": 668,
"details": "11. (1) There shall be not more than ten Senior Fellows of the Institute who shall be appointed by the Board from persons who have attained eminence in the fields of diplomacy, international relations, international economics, political science, defence, international security, international law and strategic study. (2) A Senior Fellow shall hold office for a term of three years on such conditions as the Board may determine and shall be eligible for reappointment. (3) A Senior Fellow shall advise and assist the Institute in the formulation and conduct of plans and projects for research, training and other activities. (4) A Senior Fellow who, except for unavoidable reasons to be intimated in writing to the Director-General, fails to attend three consecutive meetings of the Senior Fellows convened by the Director-General shall cease to be such Fellow, if the Board so decides.",
"name": "Senior Fellows",
"related_acts": "",
"section_id": 11
},
{
"act_id": 668,
"details": "12. The Institute may appoint such officers and employees as it considers necessary for the efficient performance of its functions on such terms and conditions as it may deem fit.",
"name": "Officers and employees",
"related_acts": "",
"section_id": 12
},
{
"act_id": 668,
"details": "13. (1) The Institute shall have its own fund which shall consist of- (a)\tgrants made by the Government; (b)\tgifts and endowments; (c)\tincome from research undertakings and consultancy services; (d)\tsale proceeds, and royalties of publications; and (e)\tmoneys received from any other source. (2) All moneys credited to the Fund of the Institute shall be deposited in such bank or invested in such manner as the Board may decide.",
"name": "Fund",
"related_acts": "",
"section_id": 13
},
{
"act_id": 668,
"details": "14. The Institute shall, by such date in each year as may be prescribed, submit to the Government for approval, a budget in the prescribed form for each financial year showing the estimated receipts and expenditure and the sums which are likely to be required from the Government during that financial year.",
"name": "Budget",
"related_acts": "",
"section_id": 14
},
{
"act_id": 668,
"details": "15. (1) The Institute shall maintain in the prescribed manner its accounts which shall be audited annually by such auditors as may be appointed by the Board in this behalf. (2) The accounts of the Institute, together with the audit report thereon, shall be forwarded annually to the Government.",
"name": "Accounts and audit",
"related_acts": "",
"section_id": 15
},
{
"act_id": 668,
"details": "16. The Institute shall prepare for every year a report of its activities during that year and submit it to the Government within sixty days after the expiry of that year.",
"name": "Annual report",
"related_acts": "",
"section_id": 16
},
{
"act_id": 668,
"details": "17. The members and the officers and employees of the Institute shall be indemnified by the Institute against all losses and expenses incurred by them in the discharge of their duties except such as are caused by their wilful act or default.",
"name": "Indemnity",
"related_acts": "",
"section_id": 17
},
{
"act_id": 668,
"details": "18. The Board may make rules for carrying out the purposes of this Ordinance.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 18
}
],
"text": "An Ordinance to provide for the incorporation of the Bangladesh Institute of International and Strategic Studies. WHEREAS it is expedient to provide for the incorporation of the Bangladesh Institute of International and Strategic Studies and matters connected thereto; NOW, THEREFORE, in pursuance of the Proclamation of the 24th march, 1982, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 669,
"lower_text": [],
"name": "The Livestock Research Institute Ordinance, 1984",
"num_of_sections": 19,
"published_date": "23rd April, 1984",
"related_act": [
669
],
"repelled": true,
"sections": [
{
"act_id": 669,
"details": "1. (1) This Ordinance may be called the Livestock Research Institute Ordinance, 1984. (2) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint.",
"name": "Short title and commencement",
"related_acts": "669",
"section_id": 1
},
{
"act_id": 669,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“Board” means the Board of Governors of the Institute; (b)\t“Chairman” means the Chairman of the Board; (c)\t“Institute” means the Livestock Research Institute established under section 3; (d)\t“member” means a member of the Board; and (e)\t“prescribed” means prescribed by rules or regulations made under this Ordinance.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 669,
"details": "3. (1) There shall be an Institute to be called the Livestock Research Institute for carrying out the purposes of this Ordinance. (2) The Institute shall be a body corporate, having perpetual succession and a common seal with power to acquire, hold and dispose of property, both movable and immovable, and shall by the said name sue and be sued.",
"name": "Establishment of the Institute",
"related_acts": "",
"section_id": 3
},
{
"act_id": 669,
"details": "4. Subject to the rules and regulations made under this Ordinance, the general direction, administration and supervision of the affairs of the Institute shall vest in a Board of Governors which may exercise all powers and do all acts and things that may be exercised or done by the Institute.",
"name": "General direction",
"related_acts": "",
"section_id": 4
},
{
"act_id": 669,
"details": "5. The Board shall consist of the following members, namely:- (a)\tMinister, Fisheries and Livestock Division, who shall also be the Chairman of the Board; (b)\tSecretary, Fisheries and Livestock Division, who shall also be the Vice-Chairman of the Board, ex-officio; (c)\tSecretary, Finance Division, ex-officio; (d)\tExecutive Vice-Chairman, Bangladesh Agricultural Research Council, ex-officio; (e)\tVice-Chancellor, Bangladesh Agricultural University, ex-officio; (f)\tMember (Agriculture), Planning Commission, ex-officio; (g)\tDirector of Livestock Services, ex-officio; (h)\ttwo persons to be appointed by the Government from among persons engaged in research activities in the Institute; (i)\ttwo persons to be appointed by the Government from among persons having interest in livestock matters; and (j)\tDirector-General of the Institute, who shall also be the member secretary of the Board.",
"name": "Board",
"related_acts": "",
"section_id": 5
},
{
"act_id": 669,
"details": "6. The functions of the Institute shall be- (a)\tto identify and solve the basic livestock problems of the country through research; (b)\tto develop suitable method for quick diagnosis and treatment of various livestock diseases; (c)\tto study epidemiology on the existing situation of various bacterial, viral, fungal, parasitic diseases and their pathogenic effects on the productivity of animals; (d)\tto study immunological characteristic of various organism of important diseases of livestock and poultry and to develop appropriate technology for production of suitable biologics; (e) to develop suitable breed of livestock for increasing production of milk, meat and drought powers and poultry for eggs and meat; (f) to develop methods for improving production and preservation of fodder and feeds, and for better utilisation of agricultural by-products, wastes and non-conventional foodstuff for improving livestock production; (g) \tto improve management practices that will ensure better health and production of animals and birds; (h) \tto evaluate indigenous herbs and shrubs and explore the possibility of their use as drugs in livestock treatment; (i) \tto identify poisonous plants and their effects on animal health and their remedy; (j) \tto develop improved methods for collection, processing and storage of livestock products that will reduce spoilage and improve storage quality; (k) \tto assess the production cost of components of various livestock and their products; (l) \tto identify marketing problems of livestock and their products and develop suitable system for grading and marketing of livestock products; (m)\tto improve livestock production technology; (n) to disseminate information regarding research of livestock to the farmers; (o) to organise seminar, symposium and workshop on problems of national importance in the field of livestock; (p) \tto publish annual reports of the activities of the Institute; and (q) \tto perform such other functions as may be necessary for the purposes of this Ordinance.",
"name": "Functions of the Institute",
"related_acts": "",
"section_id": 6
},
{
"act_id": 669,
"details": "7. (1) The meetings of the Board shall be held at such times and places and in such manner as may be prescribed: Provided that, until so prescribed, such meetings shall be held at such times and places as may be determined by the Chairman. (2) To constitute a quorum at a meeting of the Board not less than five members shall be present. (3) All meeting of the Board shall be presided over by the Chairman and, in his absence, by the Vice-Chairman and in the absence of both, by a member authorised in writing by the Chairman. (4) No act or proceeding of the Board shall be invalid or be called in question merely on the ground of any vacancy in, or any defect in the constitution of the Board.",
"name": "Meeting of the Board",
"related_acts": "",
"section_id": 7
},
{
"act_id": 669,
"details": "8. (1) There shall be a Director-General for the Institute who shall be appointed by the Government for such period and on such terms and conditions as may be determined by it. (2) The Director-General shall be a whole-time officer and the chief executive of the Institute. (3) Subject to the provisions of this Ordinance, the Director-General shall be responsible for the efficient management of the affairs and business of the Institute and for the proper execution of the decisions of the Board. (4) The Director-General shall perform such other functions as may be assigned to him by the Board or as may be prescribed. (5) If a vacancy occurs in the office of Director-General or if the Director-General is unable to discharge the functions of his office on account of absence, illness or any other cause, the Government shall make such arrangement for discharging the functions of the Director-General as it may consider expedient.",
"name": "Director-General",
"related_acts": "",
"section_id": 8
},
{
"act_id": 669,
"details": "9. Subject to the approval of the Government the Institute may appoint such officers and other employees as it consider necessary for the efficient performance of its functions on such terms and conditions as may be prescribed.",
"name": "Appointment of officers, etc.",
"related_acts": "",
"section_id": 9
},
{
"act_id": 669,
"details": "10. The Board may appoint such committees as it may consider necessary to assist it in the performance of its functions.",
"name": "Committees",
"related_acts": "",
"section_id": 10
},
{
"act_id": 669,
"details": "11. The Board may, by general or special order in writing, direct that such of its powers shall, in such circumstances and under such conditions, if any, as may be specified in the order, be exercisable also by the Chairman or the Director-General, or by such other member or by such officer of the Institute as may be so specified: Provided that no power to make regulations under section 19 shall be delegated under this section.",
"name": "Delegation of powers",
"related_acts": "",
"section_id": 11
},
{
"act_id": 669,
"details": "12. (1) The funds of the Institute shall comprise- (a)\tgrants made by the Government; (b) \tgrants from the local authorities; (c) \tloans obtained from the Government or, with the prior approval of the Government, from the local authorities; (d) \tsale proceeds and royalties accruing from the property owned by the Institute; (e) \treceipt from any other source. (2) The funds of the Institute shall be kept in a nationalised commercial bank or in such other scheduled bank as the Government may determine.",
"name": "Funds of the Institute",
"related_acts": "",
"section_id": 12
},
{
"act_id": 669,
"details": "13. The Institute shall, by such date in each year as may be specified by the Government, submit to the Government for approval a budget for each financial year showing the estimated receipts and expenditure and the sums which are likely to be required from the Government during that financial year.",
"name": "Budget of the Institute",
"related_acts": "",
"section_id": 13
},
{
"act_id": 669,
"details": "14. (1) The Institute shall maintain its accounts in such manner and form as may be prescribed. (2) The accounts of the Institute shall be audited by the Comptroller and Auditor-General of Bangladesh, hereinafter in this section referred to as the Auditor-General, in such manner as he deems fit. (3) For the purpose of an audit under sub-section (2), the Auditor-General or any person authorised by him in this behalf shall have access to all records, books, documents, cash, securities, stores and other property of the Institute and may examine the Chairman or any member or any officer or employee of the Institute. (4) The Auditor-General shall, as soon as possible after completion of the audit, send to the Board his audit report and the Board shall forward it with its comments thereon to the Government. (5) The Institute shall take steps forthwith to remedy any defects or irregularity pointed out in the audit report.",
"name": "Audit and accounts",
"related_acts": "",
"section_id": 14
},
{
"act_id": 669,
"details": "15. (1) The Institute shall, as soon as possible after the end of every financial year, submit to the Government an annual report on the conduct of its affairs for that year. (2) The Government may require the Institute to furnish any report, return, statement, estimate, statistics or other information regarding any matter under the control of the Institute and the Institute shall comply with every such requisition.",
"name": "Submission of annual reports, etc.",
"related_acts": "",
"section_id": 15
},
{
"act_id": 669,
"details": "16. (1) Notwithstanding anything contained in any other law for the time being in force or in any regulation, resolution, agreement, contract or other instrument, on the commencement of this Ordinance- (a) \tthe Central Cattle Breeding Station, hereinafter referred to as the said organisations, shall cease to exist; (b) \tsuch assets and properties, movable or immovable, used by or for the purposes of the said organisations as are specified by the Government by order in writing shall stand transferred to, and vest in, the Institute; (c) \tsuch officers and other employees employed in the said organisations as are specified by the Government by order in writing shall stand transferred to the Institute and shall serve the Institute on the same terms and conditions as were applicable to them immediately before such transfer: Provided that the Institute may, with the approval of the Government, alter such terms and conditions: Provided further that if the terms and conditions so altered are disadvantageous to any officer or employee, such officer or employee may opt to revert to his original post or service. (2) The Government may, for the purposes of removing any difficulty in relation to the transfer and other matter specified in sub-section (1), make such order as it may consider expedient and any such order shall be deemed to be given effect to as part of the provisions of this Ordinance.",
"name": "Certain organisations to cease to exist etc.",
"related_acts": "",
"section_id": 16
},
{
"act_id": 669,
"details": "17. No suit, prosecution or other legal proceeding shall lie against the Board, the Chairman, the Director-General or any member or any officer or employee of the Institute for anything done or intended to be done in good faith under this Ordinance.",
"name": "Indemnity",
"related_acts": "",
"section_id": 17
},
{
"act_id": 669,
"details": "18. The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 18
},
{
"act_id": 669,
"details": "19. (1) The Board may make regulations, no inconsistent with this Ordinance or rules made thereunder, to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this Ordinance. (2) All regulations made under this section shall be published in the official Gazette and shall come into force on such publication.",
"name": "Power to make regulations",
"related_acts": "",
"section_id": 19
}
],
"text": "An Ordinance to provide for the establishment of a Livestock Research Institute. WHEREAS it is expedient to provide for the establishment of a Livestock Research Institute and for matters connected therewith or incidental thereto; NOW, THEREFORE, in pursuance of the proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 670,
"lower_text": [],
"name": "The Industrial Relations (Regulation) (Repeal) Ordinance, 1984",
"num_of_sections": 2,
"published_date": "22nd May, 1984",
"related_act": [
670
],
"repelled": false,
"sections": [
{
"act_id": 670,
"details": "1. This Ordinance may be called the Industrial Relations (Regulation) (Repeal) Ordinance, 1984.",
"name": "Short title",
"related_acts": "670",
"section_id": 1
},
{
"act_id": 670,
"details": "2. (1) The Industrial Relations (Regulation) Ordinance, 1982 (XXVI of 1982), hereinafter referred to as the said Ordinance, is hereby repealed. (2) Notwithstanding such repeal - (a)\tany registered trade union declared as collective bargaining agent for an establishment or group of establishments under the said Ordinance shall be deemed to be collective bargaining agent for such establishment or group of establishments under the Industrial Relations Ordinance, 1969 (XXIII of 1969), and shall continue to be such collective bargaining agent for the remainder of its term: Provided that if any other registered trade union in such establishment or group of establishments, by an application addressed to the Registrar of Trade Unions, objects to such continuance, a new collective bargaining agent shall be determined under the Industrial Relations Ordinance, 1969 (XXIII of 1969), within six months of such objection; (b)\tany settlement reached between an employer and a collective bargaining agent in any industrial dispute under the said Ordinance shall remain in force for the period stipulated therein; (c) \tany industrial dispute awaiting settlement under the said Ordinance at the time of its repeal shall be deemed to be an industrial dispute under the Industrial Relations Ordinance, 1969 (XXIII of 1969), and shall be dealt with under that Ordinance.",
"name": "Repeal and savings",
"related_acts": "",
"section_id": 2
}
],
"text": "An Ordinance to repeal the Industrial Relations (Regulation) Ordinance, 1982. WHEREAS it is expedient to repeal the Industrial Relations (Regulation) Ordinance, 1982 (XXVI of 1982); NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 671,
"lower_text": [
"1 Clause (aa) was inserted by section 2 of the Breast-Milk Substitutes (Regulation of Marketing) (Amendment) Act, 1990 (Act No. XVI of 1990)",
"2 The words and comma “infant formula, and includes any breast-milk supplement or weaning food” were substituted for the words “infant formula” by section 2 of the Breast-Milk Substitutes (Regulation of Marketing) (Amendment) Act, 1990 (Act No. XVI of 1990)",
"3 Section 4A was inserted by section 3 of the Breast-Milk Substitutes (Regulation of Marketing) (Amendment) Act, 1990 (Act No. XVI of 1990)",
"4 The words “its registration number and the dates” were substituted for the words “the dates,” by section 4 of the Breast-Milk Substitutes (Regulation of Marketing) (Amendment) Act, 1990 (Act No. XVI of 1990)",
"5 Sub-section (2) was substituted by section 5 of the Breast-Milk Substitutes (Regulation of Marketing) (Amendment) Act, 1990 (Act No. XVI of 1990)"
],
"name": "The Breast-Milk Substitutes (Regulation of Marketing) Ordinance, 1984",
"num_of_sections": 12,
"published_date": "24th May, 1984",
"related_act": [
671
],
"repelled": true,
"sections": [
{
"act_id": 671,
"details": "1. (1) This Ordinance may be called the Breast-Milk Substitutes (Regulation of Marketing) Ordinance, 1984. (2) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint.",
"name": "Short title and commencement",
"related_acts": "671",
"section_id": 1
},
{
"act_id": 671,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“breast-milk substitute” means any food represented as a partial or total substitute for breast-milk and includes a complementary food; 1(aa) \t“breast-milk supplement or weaning food” means any food manufactured or locally prepared to be used as a complement to breast-milk or infant formula, when either becomes insufficient to satisfy the nutritional requirements of infants; (b)\t“complementary food” means any food represented as a complement to breast-milk or 2infant formula, and includes any breast-milk supplement or weaning food; (c) \t“infant formula” means a breast-milk substitute formulated to satisfy the normal nutritional requirements of infants up to six months of age; (d) \t“protected person” means a pregnant woman, a mother of an infant whose apparent age is not more than two years, and a person who is the husband of such woman or mother or father of such child; and (e) \t“prescribed” means prescribed by rules made under this Ordinance.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 671,
"details": "3. No person shall make, exhibit, distribute, circulate, display or publish any advertisement- (a) \tpromoting the use of any breast-milk substitute; or (b) \timplying or designed to create the belief or impression that breast-milk substitute feeding is equivalent or superior to breast-milk feeding.",
"name": "Prohibition against certain advertisement regarding breast-milk substitutes",
"related_acts": "",
"section_id": 3
},
{
"act_id": 671,
"details": "4. No person shall promote any breast-milk substitute either by advertisement or by offering or giving any gift, prize, discount coupon, or other free item or by any other means.",
"name": "Promotion of breast-milk substitute prohibited",
"related_acts": "",
"section_id": 4
},
{
"act_id": 671,
"details": "34A. (1) From the date as may be notified by the Government in the official Gazette, no breast-milk substitute of any kind shall be imported, distributed, marketed, stored, sold, offered for sale or be locally manufactured for sale unless it is registered under this Ordinance. (2) A breast-milk substitute shall be registered in such manner and on payment of such fees as may be prescribed. (3) A registration granted under this section shall be valid for a period of three years and may be cancelled before the expiry of that period in such manner as may be prescribed. (4) Registration of a breast-milk substitute shall be published in the official Gazette.",
"name": "Registration of breast-milk substitutes",
"related_acts": "",
"section_id": 5
},
{
"act_id": 671,
"details": "5. (1) No breast-milk substitute shall be marketed unless- (a) \tit is put in a sealed and hermetically closed container; (b) \tan easily readable and understandable message in Bangla is printed on a conspicuous part of its container to the effect that nothing is substitute for or equivalent or superior to breast-milk; (c) \tclear instructions on the proper method of its preparation and information regarding its composition are printed on the container or in a literature kept inside the container; and (d) 4its registration number and the dates of its manufacture and the expiry of its usefulness are printed on the container. (2) Neither the container nor any literature kept inside the container shall have any picture of infant or such other picture or writing which may idealise the use of any breast-milk substitute.",
"name": "Container and labelling",
"related_acts": "",
"section_id": 6
},
{
"act_id": 671,
"details": "6. (1) The Government may appoint an Advisory Committee consisting of a Chairman and not more than such number of other members as the Government may determine. 5(2) The Advisory Committee shall- (a) \tadvise the Government on the proper observation of the International Code of Marketing of Breast-Milk Substitutes; (b) \tperform such other functions relating to the purpose of this Ordinance as may be prescribed.",
"name": "Advisory Committee",
"related_acts": "",
"section_id": 7
},
{
"act_id": 671,
"details": "7. Whoever contravenes any of the provisions of sections 3, 4 and 5 of this Ordinance shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to five thousand Taka, or with both.",
"name": "Penalties",
"related_acts": "",
"section_id": 8
},
{
"act_id": 671,
"details": "8. (1) If the person contravening any of the provisions of this Ordinance is a company, every person who at the time the offence has been committed was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Ordinance if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where any offence under this Ordinance has been committed by a company and it is proved that the offence has been committed with the consent or convinance of, or is attributable to, any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manger, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.- For the purposes of this section- (a) \t“company” means any body corporate and includes a firm or other association of individual, and (b) \t“director”, in relation to a firm, means a partner in the firm.",
"name": "Offences by Companies",
"related_acts": "",
"section_id": 9
},
{
"act_id": 671,
"details": "9. No Court shall take cognizance of any offence punishable under this Ordinance except upon a report in writing made by any officer authorised by the Government.",
"name": "Cognizance of offence",
"related_acts": "",
"section_id": 10
},
{
"act_id": 671,
"details": "10. No suit, prosecution or other legal proceeding shall lie against the authorised officer for anything which is in good faith done or intended to be done under this Ordinance. Explanation.- In this section, “authorised officer” means an officer authorised by the Government in writing to perform all or any of the functions under this Ordinance and includes any officer authorised by such authorised Officer.",
"name": "Indemnity",
"related_acts": "",
"section_id": 11
},
{
"act_id": 671,
"details": "11. The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 12
}
],
"text": "An Ordinance to promote breast-feeding by regulating the marketing of breast-milk substitutes. WHEREAS it is expedient to promote breast-feeding by regulating the marketing of breast-milk substitutes and to provide for matters incidental thereto; NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 673,
"lower_text": [],
"name": "The Bangladesh Women's Rehabilitation and Welfare Foundation (Repeal) Ordinance, 1984",
"num_of_sections": 2,
"published_date": "4th June, 1984",
"related_act": [
673
],
"repelled": false,
"sections": [
{
"act_id": 673,
"details": "1. This Ordinance may be called the Bangladesh Women's Rehabilitation and Welfare Foundation (Repeal) Ordinance, 1984.",
"name": "Short title",
"related_acts": "673",
"section_id": 1
},
{
"act_id": 673,
"details": "2. (1) The Bangladesh Women's Rehabilitation and Welfare Foundation Act, 1974 (LI of 1974), hereinafter referred to as the said Act, is hereby repealed. (2) Upon the repeal of the said Act,- (a) the Bangladesh Women's Rehabilitation and Welfare Foundation, hereinafter referred to as the said Foundation, established under the said Act, shall stand dissolved; (b) all assets, rights, powers, authorities and privileges and all property, movable and immovable, including lands, buildings, cash balances, reserve funds, investments and all other rights and interests in, or arising out of, such property and all books of accounts, registers, records, and all other documents of the said Foundation shall stand transferred to, and vest in, the Government; (c) \tall debts and liabilities incurred, all obligations undertaken, all contracts entered into and all agreements made by or with the said Foundation and subsisting or having effect immediately before such repeal shall be deemed to have been incurred, undertaken or entered into or made by or with the Government; (d) \tall suits and other legal proceedings instituted by or against the said Foundation and pending immediately before such repeal shall be deemed to have been instituted by or against the Government and may be continued and proceeded with accordingly; (e) \tall officers and other employees of the said foundation shall stand transferred to the Government and shall hold office or service under the Government under the same terms and conditions as were applicable to them before their transfer. (3) Notwithstanding anything contained in any terms and conditions of service, the Government may alter the terms and conditions of service of any officer or other employee transferred under sub-section (2), and if such alteration is not acceptable to an officer or employee, the Government may terminate his employment by giving him compensation equivalent to three months' pay in case of a permanent officer or employee or one month's pay in case of a temporary officer or employee. Explanation.-The compensation to an officer or other employee under sub-section (3) shall be in addition to any pension, gratuity or other benefit to which the officer or employee may be entitled under the terms and conditions of his service. (4) The Government may, for the purpose of removing any difficulty in relation to the transfer and other matters specified in sub-section (2), make such orders as it may consider expedient and any such order shall be deemed to be and given effect to as part of the provisions of this Ordinance.",
"name": "Repeal of Act LI of 1974",
"related_acts": "",
"section_id": 2
}
],
"text": "An Ordinance to repeal the Bangladesh Women’s Rehabilitation and Welfare Foundation Act, 1974. WHEREAS it is expedient to repeal the Bangladesh Women’s Rehabilitation and Welfare Foundation Act, 1974 (LI of 1974), and to provide for matters ancillary thereto; NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 674,
"lower_text": [],
"name": "The Nazrul Institute Ordinance, 1984",
"num_of_sections": 17,
"published_date": "12th June, 1984",
"related_act": [
674
],
"repelled": true,
"sections": [
{
"act_id": 674,
"details": "1. (1) This Ordinance may be called the Nazrul Institute Ordinance, 1984. (2) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint.",
"name": "Short title and commencement",
"related_acts": "674",
"section_id": 1
},
{
"act_id": 674,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“Board” means the Board of Trustees of the Institute; (b) \t“Chairman” means the Chairman of the Institute; (c) \t“Executive Director” means the Executive Director of the Institute; (d) \t“Institute” means the Nazrul Institute established under section 3; (e) \t“poet” means the poet Kazi Nazrul Islam; (f) \t“prescribed” means prescribed by rules or regulations made under this Ordinance; and (g) \t“trustee” means a member of the Board.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 674,
"details": "3. (1) There shall be an Institute to be called the Nazrul Institute for carrying out the purposes of this Ordinance. (2) The Institute shall be a body corporate, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and shall by the said name sue and be sued.",
"name": "Establishment of the Institute",
"related_acts": "",
"section_id": 3
},
{
"act_id": 674,
"details": "4. (1) Subject to the rules and regulations made under this Ordinance, the general direction and administration of the affairs of the Institute shall vest in a Board of Trustees which may exercise all powers and do all acts or things which may be exercised or done by the Institute.",
"name": "General direction",
"related_acts": "",
"section_id": 4
},
{
"act_id": 674,
"details": "5. (1) The Board shall consist of the following trustees, namely:- (a) \ta Chairman to be appointed by the Government from among eminent persons interested in Nazrul sangeet and literature; (b) \tone representative of the Cultural Affairs Division to be nominated by that Division; (c) \tfour persons to be nominated by the Government from among persons interested in literary and musical works of the poet; and (d) \tExecutive Director of the Institute, who shall also be the Member-Secretary of the Board. (2) A trustee nominated under sub-section (1)(c) shall hold office for a period of three years from the date of his nominations and shall be eligible for re-nomination. (3) A trustee nominated under sub-section (1)(c) may resign his office by a notice in writing addressed to the Chairman.",
"name": "The Board",
"related_acts": "",
"section_id": 5
},
{
"act_id": 674,
"details": "6. The function of the Institute shall be- (a)\tto promote the study of the works of the poet; (b)\tto collect the poet's songs and other works from home and abroad and to compile, preserve and publish them;(c)\tto make necessary arrangement for research on, and publication of, the literature of the poet and for publicity thereof; (d)\tto organise conferences, lectures, debates and seminars on matters relating to contributions of the poet on sangeet, literature and in other fields; (e)\tto establish library of books, records, tapes and other preservative ensemble relating to Nazrul sangeet and literature; (f)\tto prepare musical notation for propagation of Nazrul sangeet in their true spirit, style and system and to supervise their presentation in acceptable standard in gramophone records, commercial tapes, films and books of published notation in Bangladesh; (g)\tto provide for proper training in Nazrul sangeet and recitation of the Nazrul poems; (h)\tto award prizes and rewards to authors who, in the opinion of the Institute, have made significant contributions in the field of research on the works of the poet; (i)\tto do such other acts and things as may be considered necessary for carrying out the purposes of this Ordinance.",
"name": "Functions of the Institute",
"related_acts": "",
"section_id": 6
},
{
"act_id": 674,
"details": "7. (1) The meetings of the Board shall be held at such time and places and in such manner as may be prescribed: Provided that, until so prescribed, such meetings shall be held at such time and places as may be determined by the Chairman. (2) To constitute a quorum at a meeting of the Board, not less than three trustees shall be present. (3) All meetings of the Board shall be presided over by the Chairman and, in his absence, by a trustee authorised in writing by the Chairman. (4) At a meeting of the Board, each trustee shall have one vote and, in the event of equality of votes, the person presiding shall have a second or casting vote. (5) No act or proceeding of the Board shall be invalid or be called in question merely on the ground of any vacancy in, or any defect in the constitution of, the Board.",
"name": "Meetings of the Board",
"related_acts": "",
"section_id": 7
},
{
"act_id": 674,
"details": "8. (1) There shall be an Executive Director of the Institute who shall be appointed by the Government on such terms and conditions as may be determined by it. (2) The Executive Director shall be a whole time officer and the Chief Executive of the Institute. (3) Subject to the provisions of this Ordinance, the Executive Director shall manage the business and fund of the Institute and shall be responsible for the proper execution of the decisions of the Board. (4) The Executive Director shall perform such other functions as may be assigned by the Board or as may be prescribed. (5) If a vacancy occurs in the office of the Executive Director or if the Executive Director is unable to discharge the functions of his office on account of absence, illness or any other cause, the Government shall make such arrangement for discharging the functions of the Executive Director as it may consider expedient.",
"name": "Executive Director",
"related_acts": "",
"section_id": 8
},
{
"act_id": 674,
"details": "9. The Board may, subject to such general or special order as the Government may give from time to time, appoint such officers and employees as it considers necessary for the efficient performance of its functions on such terms and conditions as may be prescribed.",
"name": "Appointment of the officers, etc.",
"related_acts": "",
"section_id": 9
},
{
"act_id": 674,
"details": "10. The Board may, by general or special order in writing, direct that such of its powers shall, in such circumstances and under such conditions, if any, as may be specified in the order, be exercisable also by the Chairman, a trustee, Executive Director or by such other officer of the Institute as may be so specified\t: Provided that no power to make regulations under section 17 shall be delegated under this section.",
"name": "Delegation of powers",
"related_acts": "",
"section_id": 10
},
{
"act_id": 674,
"details": "11. (1) The funds of the Institute shall comprise- (a) \tgrants made by the Government; (b) \tgrants from the local authorities; (c) \tsale proceeds and royalties accruing from the property owned by the Institute; and (d) \treceipt from any other source. (2) The funds of the Institute shall be kept in a schedule bank approved by the Board.",
"name": "Funds of the Institute",
"related_acts": "",
"section_id": 11
},
{
"act_id": 674,
"details": "12. The Institute shall, by such date in each year as may be specified by the Government, submit to the Government for approval a budget for each financial year showing the estimated receipts and expenditure and the sum which are likely to be required from the Government during that financial year.",
"name": "Budget of the Institute",
"related_acts": "",
"section_id": 12
},
{
"act_id": 674,
"details": "13. (1) The Institute shall maintain its accounts in such manner and form as may be prescribed. (2) The accounts of the Institute shall be audited by the Comptroller and Auditor-General of Bangladesh, hereinafter in this section referred to as the Auditor-General, in such manner as he deems fit. (3) For the purpose of an audit under sub-section (2), the Auditor-General or any person authorised by him in this behalf shall have access to all records, books, documents, cash, securities, stores and other property of the Institute and may examine the Chairman or any other trustee or the Executive Director or any officer or employee of the Institute. (4) The Auditor-General shall, as soon as possible after completion of the audit, send to the Board his audit report and Board shall forward it with its comments thereon to the Government. (5) The Institute shall take steps forthwith to remedy any defect or irregularity pointed out in the audit report.",
"name": "Audit and Accounts",
"related_acts": "",
"section_id": 13
},
{
"act_id": 674,
"details": "14. (1) The Institute shall, as soon as possible after the end of every financial year, submit to the Government an annual report on the conduct of its affairs for that year. (2) The Government may require the Institute to furnish any report, return, statement, estimate, statistics or other information regarding any matter under the control of the Institute and the Institute shall comply with every such requisition.",
"name": "Submission of annual report, etc",
"related_acts": "",
"section_id": 14
},
{
"act_id": 674,
"details": "15. No suit, prosecution or other legal proceedings shall lie against the Board, the Chairman, a trustee, the Executive Director or any officer or employee of the Institute for anything done or intended to be done in good faith under this Ordinance.",
"name": "Indemnity",
"related_acts": "",
"section_id": 15
},
{
"act_id": 674,
"details": "16. The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 16
},
{
"act_id": 674,
"details": "17. (1) The Board may make regulations, not inconsistent with this Ordinance or rules made thereunder, to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this Ordinance. (2) All regulations made under this section shall be published in the official Gazette and shall come into force on such publication.",
"name": "Power to make regulations",
"related_acts": "",
"section_id": 17
}
],
"text": "An Ordinance to provide for the establishment of the Nazrul Institute. WHEREAS it is expedient to provide for the establishment of the Nazrul Institute and for matters ancillary thereto; NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 672,
"lower_text": [
"1 Sub-clause (c) was added by section 10(a) of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022).",
"2 Sub-clause (d) was added by section 10(b) of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022).",
"3 The semi-colon(;) and word \"; or\" were omitted by section 7 of the Finance Act,2009(Act No.XXXVI of 2009)(with effect from 1st July 2009).",
"4 The words, commas and semi-colon “and any amount received by letting out furniture, fixture, fittings etc; or” were substituted by section 7 of the Finance Act, 2009 (Act No.XXXVI of 2009)(with effect from 1st July 2009).",
"5 Sub-clause (b) was omitted by section 7 of অর্থ আইন, ১৯৯৩ (১৯৯৩ সনের ১৮ নং আইন)",
"6 The comma and words “, and includes a Senior Appellate Joint Commissioner of Taxes” were added by section 10 of the Finance Ordinance, 1986 (Ordinance No. XLV of 1986)",
"7 The words “an Appellate Additional Commissioner of Taxes” were substituted for the words “a Senior Appellate Joint Commissioner of Taxes” by section 7 of অর্থ আইন, ১৯৯১ (১৯৯১ সনের ২১ নং আইন)",
"8 The words “and also a person appointed to hold current charge of an Appellate Joint Commissioner of Taxes” were added by section 6 of অর্থ আইন, ১৯৯৯ (১৯৯৯ সনের ১৬ নং আইন)",
"9 Clause (5A) was inserted by section 7 of অর্থ আইন, ১৯৯৩ (১৯৯৩ সনের ১৮ নং আইন)",
"10 The words “or a pension fund” were inserted by section 6 of অর্থ আইন, ১৯৯৯ (১৯৯৯ সনের ১৬ নং আইন)",
"11 Sub-clause (aa) was inserted by section 16(a) of অর্থ আইন, ২০১৬ (২০১৬ সনের ২৮ নং আইন).",
"12 The words, commas, figures and brackets “or কোম্পানী আইন, ১৯৯৪ (১৯৯৪ সনের ১৮ নং আইন), and includes a body corporate” were substituted for the comma and words “, and includes a body corporate” by section 6 of অর্থ আইন, ১৯৯৫(১৯৯৫ সনের ১২ নং আইন)",
"13 The words, figures and brackets ''ব্যাংক-কোম্পানী আইন, ১৯৯১ (১৯৯১ সনের ১৪ নং আইন)” were substituted for the words, figures and brackets “the Banking Companies Ordinance, 1962 (LVII of 1962)” by section 53 of অর্থ আইন, ২০০০ (২০০০ সনের ১৫ নং আইন)",
"14 Clause (12A) was inserted by section 10(c) of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022).",
"15 The word ‘‘and’’ was inserted by section 5(a) of the Finance Act, 2014 (Act No. IV of 2014).(with effect from 1st july, 2014)",
"16 The word ‘‘and’’ was omitted by section 5(b) of the Finance Act, 2014 (Act No. IV of 2014).(wih effect from 1st July, 2014)",
"17 Sub-clause (c) was omitted by section 5(c) of the Finance Act, 2014 (Act No. IV of 2014) (with effect from 1st July, 2014).",
"18 Clause (16) was substituted by section 10(d) of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022).",
"19 Clause (19) was substituted by section 15 of অর্থ আইন, ২০০৩ (২০০৩ সনের ১৭ নং আইন)",
"20 Clause (19A) was inserted by section 8 of অর্থ আইন, ১৯৯০ (১৯৯০ সনের ৪৫ নং আইন)",
"21 The words, brackets, comma and figure “Commissioner of Taxes (Appeals) under section 3, and includes a person appointed to hold current charge of a Commissioner of Taxes (Appeal)” were substituted for the words brackets and figure “Commissioner of Taxes (Appeals) under section 3” by section 5 of অর্থ আইন, ১৯৯৭ (১৯৯৭ সনের ১৫ নং আইন)",
"22 Clause (19B) was omitted by section 15 of অর্থ আইন, ২০০৩ (২০০৩ সনের ১৭ নং আইন)",
"23 The words, commas, figures and brackets “the Companies Act, 1913 (VII of 1913) or কোম্পানী আইন, ১৯৯৪ (১৯৯৪ সনের ১৮ নং আইন),” were substituted for the words, comma, figures and brackets “the Companies Act, 1913 (VII of 1913)” by section 6 of অর্থ আইন, ১৯৯৫ (১৯৯৫ সনের ১২ নং আইন)",
"24 The word “and” was omitted by section 8 of অর্থ আইন, ১৯৯০ (১৯৯০ সনের ৪৫ নং আইন)",
"25 Clause (bb) were inserted by section 8 of অর্থ আইন, ১৯৯০ (১৯৯০ সনের ৪৫ নং আইন)",
"26 Clauses (bb) and (bbb) were substituted for former clause (bb) by section 7 of অর্থ আইন, ১৯৯১ (১৯৯১ সনের ২১ নং আইন)",
"27 The words, commas, figures and brackets “the Companies Act, 1913 (VII of 1913) or কোম্পানী আইন, ১৯৯৪ (১৯৯৪ সনের ১৮ নং আইন)” were substituted for the words, comma, figures and brackets “the Companies Act, 1913 (VII of 1913)” by section 6 of অর্থ আইন, ১৯৯৫ (১৯৯৫ সনের ১২ নং আইন)",
"28 The words “not incorporated by or under any law” were substituted for the words “whether incorporated or not” by section 7 of অর্থ আইন, ১৯৯১ (১৯৯১ সনের ২১ নং আইন)",
"29 The words, commas, figures Letters and brackets “সমবায় সমিতি আইন, ২০০১ (২০০১ সনের ৪৭ নং আইন) (Co-operative Societies Act, 2001) (Act No 47 of 2001)” were substituted for The words, commas, figures Letters and brackets “the Co-operative Societies Act,1940 (Beng. Act XXI of 1940)” by section 15(b) of The Finance Act, 2012 (Act No 26 of 2012)(with effect from 1st July 2012).",
"30 The words and comma “and includes a person appointed to be a Transfer Pricing Officer,” were substituted for the words “and includes a person appointed to be\" by section 15(c) of the Finance Act, 2012 (Act No. XXVI of 2012) (with effect from 1st July, 2012).",
"31 The words, commas, figures and brackets “the Companies Act, 1913 (VII of 1913) or কোম্পানী আইন, ১৯৯৪ (১৯৯৪ সনের ১৮ নং আইন)” were substituted for the words, comma, figures and brackets “the Companies Act, 1913 (VII of 1913)” by section 6 of অর্থ আইন, ১৯৯৫ (১৯৯৫ সনের ১২ নং আইন)",
"32 Clause (25) was substituted by section 7 of অর্থ আইন, ১৯৯৩ (১৯৯৩ সনের ১৮ নং আইন)",
"33 Clause (25A) was inserted by section 15 of অর্থ আইন, ২০০৩ (২০০৩ সনের ১৭ নং আইন)",
"34 Clause (25AA) was inserted by section 11 of অর্থ আইন, ২০০৪ (২০০৪ সনের ১৬ নং আইন)",
"35 The words and commas “or any Joint Director General, Central Intelligence Cell or Deputy Director General, Central Intelligence Cell authorised by him” were added by Section 8 of the Finance Act, 2009((Act No.IX of 2009)(with effect from 1st July 2007).",
"36 The words and commas “any Director, Central Intelligence Cell or any Joint Director, Central Intelligence Cell or Deputy Director, Central Intelligence Cell or Assistant Director, Central Intelligence Cell” were substituted for the words and commas “any Additional Director General, Central Intelligence Cell or any Joint Director General, Central Intelligence Cell or Deputy Director General, Central Intelligence Cell \" by section 15(d) of the Finance Act, 2012 (Act No. XXVI of 2012) (with effect from 1st July, 2012).",
"37 Clause (dd) was inserted by section 27 of অর্থ আইন, ২০০২ (২০০২ সনের ১৪ নং আইন)",
"38 Sub-clause (ddd) was inserted by section 8(a) of অর্থ আইন, ২০১৭ (২০১৭ সনের ১৪ নং আইন) (With effect from 1st July 2017).",
"39 Sub-clause (iiia) was inserted by section 27 of অর্থ আইন, ২০০২ (২০০২ সনের ১৪ নং আইন)",
"40 Sub-clause (iv) was omitted by section 6 of অর্থ আইন, ১৯৯৯ (১৯৯৯ সনের ১৬ নং আইন)",
"41 Clause (28A) was inserted by section 10(e) of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022).",
"42 The words “and includes a person appointed to hold current charge of an Extra Assistant Commissioner of Taxes” were added by section 6 of অর্থ আইন, ১৯৯৯ (১৯৯৯ সনের ১৬ নং আইন)",
"43 Clause (30) was substituted by section 53 of অর্থ আইন, ২০০০ (২০০০ সনের ১৫ নং আইন)",
"44 The words “or a business or undertaking” were inserted after the words “in relation to capital asset” by section 16(a)(i) of অর্থ আইন, ২০২০ (২০২০ সনের ৯ নং আইন)",
"45 The words “or such business or undertaking” were inserted after the words “the price which such asset” by section 16(a)(ii) of অর্থ আইন, ২০২০ (২০২০ সনের ৯ নং আইন)।",
"46 The full- stop (.) was substituted for the semi colon (;) and the Explanation was added by section 9 (b) of অর্থ আইন, ২০১৮ (২০১৮ সনের ২২ নং আইন) (With effect from 1st July 2018).",
"47 Clause (31A) was inserted by section 15(e) of the Finance Act, 2012 (Act No. XXVI of 2012) (with effect from 1st July, 2012).",
"48 Clause (34) was substituted by section 16(b) of অর্থ আইন, ২০১৬ (২০১৬ সনের ২৮ নং আইন).",
"49 The words, commas and the semi-colon (;) “but does not include, in the case of a shareholder of a Bangladeshi company, the amount representing the face value of any bonus shares or the amount of any bonus declared, issued or paid by the company to its shareholders with a view to increasing its paid-up share capital;” were omitted by section 6 of অর্থ আইন, ১৯৯৯ (১৯৯৯ সনের ১৬ নং আইন)",
"50 Clause 35 was substituted by section 9 of অর্থ আইন, ২০১৫ (২০১৫ সনের ১০ নং আইন) (with effect from 1st July 2016).",
"51 The words and quotation marks ““income year” means financial year immediately preceding the assessment year and includes” were substituted for the words and quotation marks “income year” means” by section 16(b) of অর্থ আইন, ২০২০ (২০২০ সনের ৯ নং আইন)",
"52 The words “or any subsidiary thereof” were inserted after the words “financial institution” by section 16(c)(i) of অর্থ আইন, ২০১৬ (২০১৬ সনের ২৮ নং আইন).",
"53 The colon (:) was substituted for the semi-colon (;) and thereafter the proviso was inserted by section 16 (c) (ii) of অর্থ আইন, ২০১৬ (২০১৬ সনের ২৮ নং আইন).",
"54 The words and commas “subsidiary, including a subsidiary thereof, or a holding company of a parent company incorporated outside Bangladesh or a branch or liaison office thereof” were substituted for the words “subsidiary or holding company of a parent company incorporated outside Bangladesh” by sections 8(b) of অর্থ আইন, ২০১৭ (২০১৭ সনের ১৪ নং আইন) (With effect from 1st July 2017).",
"55 The comma and words “, and includes a Senior Inspecting Joint Commissioner of Taxes” were added by section 10 of the Finance Ordinance, 1986 (Ordinance No. XLV of 1986)",
"56 The words “an Inspecting Additional Commissioner of Taxes” were substituted for the words “a Senior Inspecting Joint Commissioner of Taxes” by section 7 of অর্থ আইন, ১৯৯১ (১৯৯১ সনের ২১ নং আইন)",
"57 The words “and also a person appointed to hold current charge of an Inspecting Joint Commissioner of Taxes” were added by section 6 of অর্থ আইন, ১৯৯৯ (১৯৯৯ সনের ১৬ নং আইন)",
"58 Clause (37) was substituted by section 15(f) of the Finance Act, 2012 (Act No. XXVI of 2012) (with effect from 1st July, 2012).",
"59 Clause (44A) was inserted by section 9 (c) of অর্থ আইন, ২০১৮ (২০১৮ সনের ২২ নং আইন) (With effect from 1st July 2018).",
"60 Clause (45) was substituted by section 8 of অর্থ আইন, ২০০৬ (২০০৬ সনের ২২ নং আইন)",
"61 The words “ not exceeding ten percent of disclosed profit of relevant income year” were omitted by section 11(a) of অর্থ আইন, ২০১৯ (২০১৯ সনের ১০ নং আইন).",
"62 Clauses (46) and (46A) were substituted by section 16 (d) of অর্থ আইন, ২০১৬ (২০১৬ সনের ২৮ নং আইন).",
"63 The words and comma “chief executive officer,” were inserted after the words and comma “managing director,” by section 16 (e) of অর্থ আইন, ২০১৬ (২০১৬ সনের ২৮ নং আইন).",
"64 Clause (53) was omitted by section 6 of অর্থ আইন, ১৯৯৫ (১৯৯৫ সনের ১২ নং আইন)",
"65 Clause (54A) was inserted by section 10(f) of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022).",
"66 The words “or partly” were omitted by section 11(b) of অর্থ আইন, ২০১৯ (২০১৯ সনের ১০ নং আইন).",
"67 The words “and” were omitted by section 11(b) of অর্থ আইন, ২০১৯ (২০১৯ সনের ১০ নং আইন).",
"68 Sub-clause (d) and (e) were inserted by section 11(c) of অর্থ আইন, ২০১৯ (২০১৯ সনের ১০ নং আইন).",
"69 Explanation was added by section 11(d) of অর্থ আইন, ২০১৯ (২০১৯ সনের ১০ নং আইন).",
"70 Sub-clause (a) was substituted by section 15(g) of the Finance Act, 2012 (Act No. XXVI of 2012) (with effect from 1st July, 2012).",
"71 Sub-clause (e) was added by section 6 of the অর্থ আইন, ১৯৯৯ (১৯৯৯ সনের ১৬ নং আইন)",
"72 Clause (59A) was omitted by section 6 of অর্থ আইন, ১৯৯৫ (১৯৯৫ সনের ১২ নং আইন)",
"73 Clause (61A) was inserted by section 10(g) of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022).",
"74 Clause (62) was substituted by section 9 of অর্থ আইন, ২০০৫ (২০০৫ সনের ১৬ নং আইন)",
"75 Clause (62A) was inserted by section 16 (f) of অর্থ আইন, ২০১৬ (২০১৬ সনের ২৮ নং আইন).",
"76 The words “or the fifteenth day of September following the end of the income year where the said fifteenth day falls before the fifteenth day of September” were added after the words “income year” by section 8(c) of অর্থ আইন, ২০১৭ (২০১৭ সনের ১৪ নং আইন) (With effect from 1st July 2017).",
"77 Sub-clause (iia) was inserted by section 10(h)(i) of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022).",
"78 The words “this clause” were substituted for the words, numbers and symbols “sub-clauses (i) and (ii)” by section 10(h) (ii) of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022).",
"79 Clause (62B) was inserted by section 9 (d) of অর্থ আইন, ২০১৮ (২০১৮ সনের ২২ নং আইন) (With effect from 1st July 2018).",
"80 Clause (63) was omitted by section 8 of অর্থ আইন, ১৯৯২ (১৯৯২ সনের ২১ নং আইন)",
"81 Clause (65A) was inserted by section 9 (e) of অর্থ আইন, ২০১৮ (২০১৮ সনের ২২ নং আইন) (With effect from 1st July 2018).",
"82 Clause (67) was omitted by section 6 of অর্থ আইন, ১৯৯৫ (১৯৯৫ সনের ১২ নং আইন)",
"83 Clause (1A), which was inserted by section 10 of the Finance Ordinance, 1986 (Ordinance No. of 1986) was omitted by section 6 of অর্থ আইন, ১৯৯৫ (১৯৯৫ সনের ১২ নং আইন)",
"84 New number no (IB) was inserted by section 11(a) of the Finance Act, 2011 (Act No. XII of 2011) .",
"85 Clause (2) was substituted by section 7 of অর্থ আইন, ১৯৯৩ (১৯৯৩ সনের ১৮ নং আইন)",
"86 Clause (2A) was inserted by section 8 of অর্থ আইন, ১৯৯০ (১৯৯০ সনের ৪৫ নং আইন)",
"87 Clause (2B) was inserted by section 6 of অর্থ আইন, ১৯৯৯ (১৯৯৯ সনের ১৬ নং আইন)",
"88 Clause (2C) was inserted by section 16 of অর্থ আইন, ২০০৩ (২০০৩ সনের ১৭ নং আইন)",
"89 Clause (2D) was inserted by section 12 of অর্থ আইন, ২০০৪ (২০০৪ সনের ১৬ নং আইন)",
"90 Clause (3A) was substituted by section 7 of অর্থ আইন, ১৯৯১ (১৯৯১ সনের ২১ নং আইন)",
"91 Number no (6) was substituted by section 11 (b) of the Finance Act, 2011 (Act No. XII of 2011)",
"92 The words and commas “Director General, Central Intelligence Cell,” were inserted after the words “The Board may appoint” by section 20 of the Finance Act,2010(Act No.XXXIII of 2010).",
"93 The words and comma \"Chief Commissioner of Taxes, Director General\" were substituted for the words \"Director General\" by section 12 of the Finance Act, 2011 (Act No. XII of 2011) .",
"94 The words “a Senior Commissioner of Taxes and” were omitted by section 6 of অর্থ আইন, ১৯৯৫ (১৯৯৫ সনের ১২ নং আইন)",
"95 The words “Directors-General of Inspection” were substituted for the words “Director of Inspection” by section 7 of অর্থ আইন, ১৯৯৩ (১৯৯৩ সনের ১৮ নং আইন)",
"96 The words, brackets and the comma “Commissioners (Appeals),” were inserted by section 8 of অর্থ আইন, ১৯৯০ (১৯৯০ সনের ৪৫ নং আইন)",
"97 Sub-section (2A) was inserted by section 17 of অর্থ আইন, ২০০৩ (২০০৩ সনের ১৭ নং আইন)",
"98 Section 4A was inserted by section 6 of অর্থ আইন, ১৯৯৫ (১৯৯৫ সনের ১২ নং আইন)",
"99 The Semi-colon(;) was substituted for the comma word “, and” by section 21 of the Finance Act,2010(Act No.XXXIII of 2010).",
"100 The semi-colon and the word “; and” were substituted for the full-stop(.) at the end and thereafter clause (c) was added by section 21 of the Finance Act,2010(Act No.XXXIII of 2010).",
"101 Sub-section (1) was substituted by section 7 of অর্থ আইন, ১৯৯৩ (১৯৯৩ সনের ১৮ নং আইন)",
"102 The words and comma “Senior Commissioner,” were omitted by section 6 of অর্থ আইন, ১৯৯৫ (১৯৯৫ সনের ১ নং আইন)",
"103 The words and comma \"Chief Commissioner of Taxes, Director Gereral\" were substituted for the words \"Director General\" by section 13 of the Finance Act, 2011 (Act No. XII of 2011) .",
"104 The words and comma “Additional Commissioners of Taxes, Joint Commissioners of Taxes” were substituted for the words “Joint Commissioners of Taxes” by section 7 of অর্থ আইন, ১৯৯১ (১৯৯১ সনের ২১ নং আইন)",
"105 The words, brackets and commas “or the Commissioners (Appeals), as the case may be,” were inserted by section 8 of অর্থ আইন, ১৯৯০ (১৯৯০ সনের ৪৫ নং আইন)",
"106 The words and brackets “or the Commissioners (Appeals)” were inserted by section 8 of অর্থ আইন, ১৯৯০ (১৯৯০ সনের ৪৫ নং আইন)",
"107 Clause (a) was omitted by section 6 of অর্থ আইন, ১৯৯৫ (১৯৯৫ সনের ১ নং আইন)",
"108 Clause (aa) was substituted by section 5 of অর্থ আইন, ১৯৯৭ (১৯৯৭ সনের ১৫ নং আইন)",
"109 Clause (aaa) was added by section 9 of the Finance Act 2009((Act No.IX of 2009)(with effect from 1st July 2007).",
"110 The comma, words and brackets “, the Commissioners (Appeals)” were inserted by section 8 of অর্থ আইন, ১৯৯০ (১৯৯০ সনের ৪৫ নং আইন)",
"111 Clause (bb) was inserted by section 6 of অর্থ আইন, ১৯৯৯ (১৯৯৯ সনের ১৬ নং আইন)",
"112 The words and brackets “or the Commissioners (Appeals)” were inserted by section 8 of অর্থ আইন, ১৯৯০ (১৯৯০ সনের ৪৫ নং আইন)",
"113 The words “and the Inspecting Additional Commissioners” were inserted by section 7 of অর্থ আইন, ১৯৯১ (১৯৯১ সনের ২১ নং আইন)",
"114 The words and comma “Inspecting Joint Commissioner, the Inspecting Additional Commissioner” were substituted for the words “Inspecting Joint Commissioner” by section 7 of অর্থ আইন, ১৯৯১ (১৯৯১ সনের ২১ নং আইন)",
"115 The words and comma “Inspecting Joint Commissioner, the Inspecting Additional Commissioner” were substituted for the words “Inspecting Joint Commissioner” by section 7 of অর্থ আইন, ১৯৯১ (১৯৯১ সনের ২১ নং আইন)",
"116 The words and comma “Inspecting Joint Commissioner, the Inspecting Additional Commissioner” were substituted for the words “Inspecting Joint Commissioner” by section 7 of অর্থ আইন, ১৯৯১ (১৯৯১ সনের ২১ নং আইন)",
"117 The words and comma “Inspecting Joint Commissioner, the Inspecting Additional Commissioner” were substituted for the words “Inspecting Joint Commissioner” by section 7 of অর্থ আইন, ১৯৯১ (১৯৯১ সনের ২১ নং আইন)",
"118 The words “judicial and accountant” were omitted by section 28 of অর্থ আইন, ২০০২ (২০০২ সনের ১৪ নং আইন)",
"119 Sub-section (3) was substituted by section 28 of অর্থ আইন, ২০০২ (২০০২ সনের ১৪ নং আইন)",
"120 Clase (i) was substituted by section 8 of the Finance Act,2009(Act No.XXXVI of 2009)(with effect from 1st July 2009).",
"121 The words “having at least one year experience as a Commissioner” were inserted after the words “a Commissioner of Taxes” by section 17 of অর্থ আইন, ২০১৬ (২০১৬ সনের ২৮ নং আইন).",
"122 The semi-colon and word “; or” were substituted for the full-stop(.) at the end and thereafter clause (ix) was added by section 22 of the Finance Act,2010(Act No.XXXIII of 2010).",
"123 Clause (ix) was substituted by section 14 of the Finance Act, 2011 (Act No. XII of 2011) .",
"124 Sub-section (4) was substituted by section 4 of অর্থ আইন, ১৯৯৬ (১৯৯৬ সনের ১৮ নং আইন)",
"125 The comma(,) and words “, who is a member of the Board or holds the current charge of a member of the Board” were inserted after the words “President thereof” by section 22 of the Finance Act,2010(Act No.XXXIII of 2010).",
"126 The words, comma, figures and brackets “or Bangladesh Chartered Accountants Order, 1973 (P.O. No. 2 of 1973)” were inserted by section 47 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন)",
"127 The words “and that there is equality in number of judicial members and accountant members” were omitted by section 29 of অর্থ আইন, ২০০২ (২০০২ সনের ১৪ নং আইন)",
"128 The full stop (.) was substituted for the colon (:) and thereafter the proviso was omitted by section 48 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন)",
"129 Sub-section (3) was substituted by section 11 of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022).",
"130 Section 16A was inserted by section 8 of অর্থ আইন, ১৯৮৮ (১৯৮৮ সনের ৩৩ নং আইন)",
"131 Sections 16B and 16C were inserted by section 30 of অর্থ আইন, ২০০২ (২০০২ সনের ১৪ নং আইন)",
"132 Sections 16B, 16BB and 16BBB were substituted by section 18 of অর্থ আইন, ২০১৬ (২০১৬ সনের ২৮ নং আইন).",
"133 The words “appropriate authority of the Government” were substituted for the words “ Board of Investment or any competent authority of the Government, as the case may be” by section 10 of অর্থ আইন, ২০১৮ (২০১৮ সনের ২২ নং আইন) (With effect from 1st July 2018).",
"134 Section 16C was omitted by section 19 of অর্থ আইন, ২০১৬ (২০১৬ সনের ২৮ নং আইন).",
"135 Section 16CC were omitted by Finance Act,2009(Act No.X of 2009)(with effect from 1st July 2008).",
"136 Section 16CCC was omitted by section 20 of অর্থ আইন, ২০১৬ (২০১৬ সনের ২৮ নং আইন).",
"137 Section 16E was omitted by section 9 of the Finance Act, 2013 (Act No. XXV of 2013) (with effect from 1st July, 2013).",
"138 Section 16F and Section 16G were added by section 12 of অর্থ আইন, ২০১৯ (২০১৯ সনের ১০ নং আইন).",
"139 Section 16H was inserted by section 17 of অর্থ আইন, ২০২০ (২০২০ সনের ৯ নং আইন)",
"140 Clause (2) was substituted by section 11 of অর্থ আইন, ২০১৮ (২০১৮ সনের ২২ নং আইন) (With effect from 1st July 2018).",
"141 The words “income year in which it is received” were substituted for the words “income year in which it is declared” by Section 11 of the Finance Act,2009(Act No.IX of 2009)(with effect from 1st July 2007).",
"142 The words and comma “or stocks, and shares” were omitted by section 13(a) of অর্থ আইন, ২০১৯ (২০১৯ সনের ১০ নং আইন).",
"143 The words “which makes any debtor taxable” were omitted by section 6 of অর্থ আইন, ১৯৯৯ (১৯৯৯ সনের ১৬ নং আইন)",
"144 The colon (:) was substituted for the full-stop (.) and thereafter the proviso was added by section 31 of অর্থ আইন, ২০০২ (২০০২ সনের ১৪ নং আইন)",
"145 The proviso was substituted by section 19 of অর্থ আইন, ২০০৩ (২০০৩ সনের ১৭ নং আইন)",
"146 The words “being individual” were insertted after the word “assessee” by section 12(a) of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022).",
"147 The words \"Bangladesh Development Bank Ltd.\" were substituted for the words \"Bangladesh Shilpa Bank or Bangladesh Shilpa Rin Sangstha\" by section 7(a) of the Finance Act, 2014 (Act no. IV of 2014).",
"148 The colon (:) was substituted for the semi-colon (;) and thereafter the proviso was added by section 21 (a) of অর্থ আইন, ২০১৬ (২০১৬ সনের ২৮ নং আইন).",
"149 The words, brackets and letters “except as provided in clause (aa)” were inserted by section 7 of অর্থ আইন, ১৯৯১ (১৯৯১ সনের ২১ নং আইন)",
"150 Clause (aa) was inserted by section 7 of অর্থ আইন, ১৯৯১ (১৯৯১ সনের ২১ নং আইন)",
"151 The words \"Bangladesh Development Bank Ltd.\" were substituted for the words \"Bangladesh Shilpa Bank or Bangladesh Shilpa Rin Sangstha\" by section 7(b) of the Finance Act, 2014 (Act no. IV of 2014).",
"152 The words “three years” were substituted for the words “two years” by section 6 of অর্থ আইন, ১৯৯৯ (১৯৯৯ সনের ১৬ নং আইন)",
"153 The words “three years” were substituted for the words “two years” by section 6 of অর্থ আইন, ১৯৯৯ (১৯৯৯ সনের ১৬ নং আইন)",
"154 The proviso was substituted by section 19 of অর্থ আইন, ২০০৩ (২০০৩ সনের ১৭ নং আইন)",
"155 Sub-sections (21), (22) and (23) were added by section 7 of অর্থ আইন, ১৯৯৩ (১৯৯৩ সনের ১৮ নং আইন)",
"156 Sub-section (21) was substituted by section 12 of অর্থ আইন, ২০১৮ (২০১৮ সনের ২২ নং আইন) (With effect from 1st July 2018)",
"157 The commas and words “, advance or deposit of any kind called by whatever name,” were inserted after the word “loan” by section 13(b)(i) of অর্থ আইন, ২০১৯ (২০১৯ সনের ১০ নং আইন).",
"158 The commas and words “, advance or deposit of any kind called by whatever name,” were inserted after the word “loan” by section 13(b)(i) of অর্থ আইন, ২০১৯ (২০১৯ সনের ১০ নং আইন).",
"159 The words “or converted into consideration for any goods or services” were inserted after the word “repaid” by section 13(b)(ii) of অর্থ আইন, ২০১৯ (২০১৯ সনের ১০ নং আইন).",
"160 The words “or converted into consideration for any goods or services” were inserted after the word “repaid” by section 13(b)(ii) of অর্থ আইন, ২০১৯ (২০১৯ সনের ১০ নং আইন).",
"161 Proviso (bb) was inserted by section 12(b)(i) of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022).",
"162 The words “or sons or daughters” were inserted after the word “parents” by section 12(b)(ii) of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022).",
"163 Explanation was omitted by section 12(b) (iii) of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022).",
"164 Sub-sections (21A) was omitted by section 12 (b) of অর্থ আইন, ২০১৭ (২০১৮ সনের ২২ নং আইন) (With effect from 1st July 2018).",
"165 Sub-sections (21B) was omitted by section 12 (b) of অর্থ আইন, ২০১৭ (২০১৮ সনের ২২ নং আইন) (With effect from 1st July 2018).",
"166 Sub-section 22A was inserted by section 13(c) of অর্থ আইন, ২০১৯ (২০১৯ সনের ১০ নং আইন).",
"167 Sub-sections 24 and 25 were added by section 10 of অর্থ আইন, ২০০৬ (২০০৬ সনের ২২ নং আইন)",
"168 Sub-section 24 was substituted by section 16(c) of the Finance Act,2012(Act No.XXVI of 2012).",
"169 Sub-section 25 was omitted by Section 11 of the Finance Act,2009(Act No.IX of 2009)(with effect from 1st July 2007).",
"170 Sub-sections (26) and (27) were added by section 16(b) of the Finance Act, 2011 (Act No. XII of 2011) .",
"171 Sub-sections (26) was omitted by section 12 (b) of অর্থ আইন, ২০১৭ (২০১৮ সনের ২২ নং আইন) (With effect from 1st July 2018).",
"172 The words “paid up capital together with reserve and accumulated profit” were substituted for the words “paid up capital” by section 12(b) of অর্থ আইন, ২০১৫ (২০১৫ সনের ১০ নং আইন)",
"173 The words “paid up capital together with reserve and accumulated profit” were substituted for the words “paid up capital” by section 12(b) of অর্থ আইন, ২০১৫ (২০১৫ সনের ১০ নং আইন)",
"174 Sub-sections (28) was omitted by section 12 (b) of অর্থ আইন, ২০১৭ (২০১৮ সনের ২২ নং আইন) (With effect from 1st July 2018).",
"175 sub-sections 29, 30 and 31 were added by section 12(c) of অর্থ আইন, ২০১৫ (২০১৫ সনের ১০ নং আইন)",
"176 The words, comma and symbol “which has not been paid within two years from the end of the income year in which the purchase was made, shall be deemed to be the income of the assessee for the income year immediately following the expiry of the said two years and be classifiable under the head \"Income from other sources” were substituted for the words, comma and symbol “which has not been paid in the following year in which such purchase was made, shall be deemed to be the income of the assessee for that income year classifiable under the head \"Income from other sources” by section 21 (b) of অর্থ আইন, ২০১৬ (২০১৬ সনের ২৮ নং আইন).",
"177 Sub-section (31) was substituted by section 9 (b) of অর্থ আইন, ২০১৭ (২০১৭ সনের ১৪ নং আইন) (With effect from 1st July 2017).",
"178 The words “or any income derived from the sources mentioned in paragraph 33 of Part A of THE SIXTH SCHEDULE” were inserted after the words “reduced tax rate” by section 13(d) of অর্থ আইন, ২০১৯ (২০১৯ সনের ১০ নং আইন).",
"179 Explanation was added by section 13(d) of অর্থ আইন, ২০১৯ (২০১৯ সনের ১০ নং আইন).",
"180 Sub-section (32) was inserted by section 13(e) of অর্থ আইন, ২০১৯ (২০১৯ সনের ১০ নং আইন).",
"181 Section 19A was omitted by section 25 of the Finance Act,2010(Act No.XXXIII of 2010).",
"182 Section 19AA was omitted by section 26 of the Finance Act,2010(Act No.XXXIII of 2010).",
"183 Section 19AAA was omitted by section 27 of the Finance Act,2010(Act No.XXXIII of 2010).",
"184 Section 19AAAA was omitted by section 13 of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022).",
"185 Section 19AAAAA was omitted by section 14 of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022).",
"186 section 19AAAAAA was inserted after the section 19AAAAA by section 9 of অর্থ আইন, ২০২১ (২০২১ সনের ১১ নং আইন)",
"187 Sections 19B, 19BB and 19BBB were omitted by section 12 of the Finance Act,2009(Act No. IX of 2009)(with effect from 1st July 2007).",
"188 Sections 19B, 19BB and 19BBB were omitted by section 12 of the Finance Act,2009(Act No. IX of 2009)(with effect from 1st July 2007).",
"189 Sections 19B, 19BB and 19BBB were omitted by section 12 of the Finance Act,2009(Act No. IX of 2009)(with effect from 1st July 2007).",
"190 Section 19BBBB was omitted by section 28 of the Finance Act,2010(Act No.XXXIII of 2010).",
"191 The word “residential” was omitted by section 19(a) of অর্থ আইন, ২০২০ (২০২০ সনের ৯ নং আইন)।",
"192 Section 19BBBBB was substituted by section 14 of অর্থ আইন, ২০১৯ (২০১৯ সনের ১০ নং আইন).",
"193 The word “building” was substituted for the words “residential building” by section 19(b) of অর্থ আইন, ২০২০ (২০২০ সনের ৯ নং আইন)।",
"194 The word “building” was substituted for the words “residential building” by section 19(b) of অর্থ আইন, ২০২০ (২০২০ সনের ৯ নং আইন)।",
"195 Section 19C was inserted by section 29 of the Finance Act,2010(Act No.XXXVIII of 2010).",
"196 Section 19D was omitted by section 7a of the Finance Act,2014(Act No.IV of 2014).",
"197 Section 19DD was inserted by section 15 of অর্থ আইন, ২০১৯ (২০১৯ সনের ১০ নং আইন).",
"198 Section 19E was added by section 17 of the Finance Act, 2012 (Act No. XXVI of 2012) (with effect from 1st July, 2012).",
"199 The word, figure and brackets “sub-section (5)” were substituted for the word, figure and brackets “sub-section (2)” by section 10 (a) of অর্থ আইন, ২০১৭ (২০১৭ সনের ১৪ নং আইন) (With effect from 1st July 2017).",
"200 Clause (a) was substituted by section 10 (b) of অর্থ আইন, ২০১৭ (২০১৭ সনের ১৪ নং আইন) (With effect from 1st July 2017).",
"201 The words “or” was omitted by section 14(a) of অর্থ আইন, ২০১৫ (২০১৫ সনের ১০ নং আইন) (with effect from 1st July 2015).",
"202 The semi-colon (;) and “or” was substituted for the full stop (.) at the end of clause (d) and thereafter new clause (e) was inserted by section 14(b) of অর্থ আইন, ২০১৫ (২০১৫ সনের ১০ নং আইন) (with effect from 1st July 2015).",
"203 Section 19F was added by section 15 of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022).",
"204 Section 19G was added by section 15 of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022).",
"205 The words “the Government or any security approved by Government” were substituted for the words “the Government” by section 15 of অর্থ আইন, ২০০৪ (২০০৪ সনের ১৬ নং আইন)",
"206 The colon (:) was substituted for the semi-colon (;) and thereafter the proviso was added by section 6 of অর্থ আইন, ১৯৯৫ (১৯৯৫ সনের ১২ নং আইন)",
"207 Clause (c) was omitted by section 6 of অর্থ আইন, ১৯৯৫ (১৯৯৫ সনের ১২ নং আইন)",
"208 The commas and words “, whether used for commercial or residential purposes,” were inserted by section 35 of অর্থ আইন, ২০০২ (২০০২ সনের ১৪ নং আইন)",
"209 The commas and words “, furniture, fixture, fittings etc.” were added after the word “building” by section 14 of the Finance Act,2009(Act No.XXXVI of 2009)(with effect from 1st July 2009).",
"210 Clause (c) was omitted by section 8 of অর্থ আইন, ১৯৯২ (১৯৯২ সনের ২১ নং আইন)",
"211 The words ''from bank or financial institution'' were inserted after the words ''with borrowed capital'' by section 8(a) of the Finance Act, 2014 (Act No. IV of 2014) (with effect from 1st July, 2014).",
"212 The semi-colon (;) was substituted for the colon (:) and thereafter the proviso was omitted by section 18 of the Finance Act, 2012 (Act No. XXVI of 2012) (with effect from 1st July, 2012).",
"213 Clause (gg) was inserted by section 36 of অর্থ আইন, ২০০২ (২০০২ সনের ১৪ নং আইন)",
"214 The words ''from bank or financial institution'' were inserted after the words \"with borrowed capital\" by section 8(b) of the Finance Act, 2014 (Act No. IV of 2014) (with effect from 1st July, 2014).",
"215 Clause (h) was substituted by section 16 of অর্থ আইন, ২০০৪ (২০০৪ সনের ১৬ নং আইন)",
"216 Clause (i) was omitted by section 8 of অর্থ আইন, ১৯৯২ (১৯৯২ সনের ২১ নং আইন)",
"217 The semi-colon (;) was substituted for the full stop (.) and thereafter clause (h) was inserted by section 6 of অর্থ আইন, ১৯৯৪ (১৯৯৪ সনের ১১ নং আইন)",
"218 The semi-colon (;) was substituted for the full-stop (.) by section 20 of অর্থ আইন, ২০২০ (২০২০ সনের ৯ নং আইন)।",
"219 Clause (i) was added by section 20 of অর্থ আইন, ২০২০ (২০২০ সনের ৯ নং আইন)।",
"220 Sub-section (3) was inserted by section 4 of অর্থ আইন, ১৯৯৬ (১৯৯৬ সনের ১৮ নং আইন)",
"221 The words ''Bangladesh Development Bank Ltd.'' were substituted for the words and comma ''Bangladesh Shilpa Bank, Bangladesh Shilpa Rin Sangstha'' by section 9 of the Finance Act, 2014 (Act No. IV of 2014) (with effect from 1st July, 2014).",
"222 The comma and words '', Investment Corporation of Bangladesh'' were inserted by section 6 of অর্থ আইন, ১৯৯৯ (১৯৯৯ সনের ১৬ নং আইন)",
"223 The words “, any financial institution” were substituted for the words “investment corporation of Bangladesh” by section 15 of অর্থ আইন, ২০১৫ (২০১৫ সনের ১০ নং আইন) (with effect from 1st July 2015).",
"224 The words and comma “any other entity, when lending of money is not the business of transferor” were substituted for the words “a newly set up industrial undertaking or to an extension of an existing industrial undertaking whose income is exempted from payment of tax” by section 14 of the Finance Act,2009(Act No.IX of 2009)(with effect from 1st July 2007).",
"225 Clause (v) was omitted by section 16(a) of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022).",
"226 The words “or bridge or road or fly over owned by a physical infrastructure undertaking” were inserted after the words “property of the assessee” by section 30 of the Finance Act,2010(Act No.XXXIII of 2010).",
"227 Clause (viiia) was inserted by section 11 of the Finance Act, 2013 (Act No. XXV of 2013) (with effect from 1st July, 2013).",
"228 Clause (x) was omitted by section 12 of অর্থ আইন, ২০০৫ (২০০৫ সনের ১৬ নং আইন)",
"229 Clause (xa) was omitted by section 17 of অর্থ আইন, ২০০৪ (২০০৪ সনের ১৬ নং আইন)",
"230 The words “, plant or any other fixed asset not being imported software” were substituted for the words “or plant” by section 16 of অর্থ আইন, ২০১৫ (২০১৫ সনের ১০ নং আইন) (with effect from 1st July 2015).",
"231 The proviso was omitted by section 37 of অর্থ আইন, ২০০২ (২০০২ সনের ১৪ নং আইন)",
"232 The words, figure and brackets “the proviso of sub-section (1)” were substituted for the word, figure and brackets “sub-section (4)” by section 11 of অর্থ আইন, ২০১৭ (২০১৭ সনের ১৪ নং আইন).(With effect from 1st July 2017).",
"233 Clause (xviii) was omitted by section 8 of অর্থ আইন, ১৯৯০ (১৯৯০ সনের ৪৫ নং আইন)",
"234 Clause (xviiia) was inserted by section 8 of অর্থ আইন, ১৯৮৭ (১৯৮৭ সনের ২৭ নং আইন)",
"235 The words \"Bangladesh Development Bank Ltd.\" were substituted for the words \"Bangladesh Shilpa Bank or Bangladesh Shilpa Rin Sangstha\" by section 10 of the Finance Act, 2014 (Act No. IV of 2014) (with effect from 1st July, 2014).",
"236 Clause (xviiiaa) was inserted by section of অর্থ আইন, ১৯৯০ (১৯৯০ সনের ৪৫ নং আইন)",
"237 The comma and words \", Karmo shongsthan Bank\" were inserted by section 14 of অর্থ আইন, ২০০৬ (২০০৬ সনের ২২ নং আইন)",
"238 The words \"one per cent\" were substituted for the words \"two per cent\" by section 12 of অর্থ আইন, ২০০৫ (২০০৫ সনের ১৬ নং আইন)",
"239 The proviso was substituted by section 7 of অর্থ আইন, ১৯৯৩ (১৯৯৩ সনের ১৮ নং আইন)",
"240 The commas and figures \", 1995-96, 1996-97, 1997-98, 1998-99\" were substituted for the words and figures \"and 1995-96 or till the assessment year the actual provision in respect of which is equal to the bad and doubtful debts as per Bangladesh Bank's guidelines in this behalf\" by section 5 of অর্থ আইন, ১৯৯৭ (১৯৯৭ সনের ১৫ নং আইন)",
"241 The commas, figures and word \", 1999-2000, 2000-2001 and 2001-2002\" were substituted for the word and figures \" and 1999-2000\" by section 6 of অর্থ আইন, ১৯৯৯ (১৯৯৯ সনের ১৬ নং আইন)12",
"242 The commas, figures and word \", 2001-2002, 2002-2003, 2003-2004 and 2004-2005\" were substituted for the word and figures \" and 2001-2002\" by section 37 of অর্থ আইন, ২০০২ (২০০২ সনের ১৪ নং আইন)",
"243 The commas, figures and word \", 2004-2005, 2005-2006 and 2006-2007\" were substituted for the word and figures \"and 2004-2005\" by section 12 of অর্থ আইন, ২০০৫ (২০০৫ সনের ১৬ নং আইন)",
"244 The colon (:) was substituted for the semi-colon (;) and the proviso was added by section 7 of অর্থ আইন, ১৯৯৩ (১৯৯৩ সনের ১৮ নং আইন)",
"245 The semi colon (;) was substituted for the colon (:) by section 5 of অর্থ আইন, ১৯৯৭ (১৯৯৭ সনের ১৫ নং আইন)",
"246 proviso was omitted by section 5 of অর্থ আইন, ১৯৯৭ (১৯৯৭ সনের ১৫ নং আইন)",
"247 The words “research and development” were substituted for the words “scientific research” by section 16(b) of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022).",
"248 The words “research and development” were substituted for the words “scientific research” by section 16(c) of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022).",
"249 The words “and in clauses (xix) and (xx)” were omitted by section 16(d) of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022).",
"250 Section 30A was inserted by section 38 of অর্থ আইন, ২০০২ (২০০২ সনের ১৪ নং আইন)",
"251 Clause (aa) was inserted by section 7 of অর্থ আইন, ১৯৯৩ (১৯৯৩ সনের ১৮ নং আইন)",
"252 The words, comma and Brackets “and মূল্য সংযোজন কর (value-added tax) thereon has not been collected or deducted and credited in accordance with the provisions of মূল্য সংযোজন কর আইন, ১৯৯১ (১৯৯১ সনের ২২ নং আইন)” were omitted by section 22 (a) (i)) of অর্থ আইন, ২০১৬ (২০১৬ সনের ২৮ নং আইন).",
"253 Clause (aaa) was inserted by section 22 (a)(ii) of অর্থ আইন, ২০১৬ (২০১৬ সনের ২৮ নং আইন).",
"254 Clause (aaaa) was substituted by section 13(a) of অর্থ আইন, ২০১৮ (২০১৮ সনের ২২ নং আইন) (With effect from 1st July 2018",
"255 Clause (e) was substituted by section 13 of অর্থ আইন, ২০০৫ (২০০৫ সনের ১৬ নং আইন)",
"256 The words and comma “four lakh and seventy five thousand and to any employee who is a person with disability, as exceeds taka twenty five lakh” were substituted for the words “four lakh and fifty thousand” by section 22 (b) of অর্থ আইন, ২০১৬ (২০১৬ সনের ২৮ নং আইন).",
"257 The words “ten lakh” were substituted for the words “ five lakh and fifty thousand” by section 17(a) of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022).",
"258 Sub-clause (iii) was omitted by section 16 of অর্থ আইন, ২০১৯ (২০১৯ সনের ১০ নং আইন).",
"259 Clauses (g) and (h) were inserted by section 22 of অর্থ আইন, ২০০৩ (২০০৩ সনের ১৭ নং আইন)",
"260 The words \"net profit disclosed in the statement of accounts\" were substituted for the words \"profit\" by section 11(b) of the Finance Act, 2014 (Act No. IV of 2014) (with effect from 1st July, 2014).",
"261 The words and commas “by way of head office or intra-group expense, called by whatever name,” were substituted for the words “ under the head of Head Office expenses” by section 13 (c) of অর্থ আইন, ২০১৮ (২০১৮ সনের ২২ নং আইন) (With effect from 1st July 2018).",
"262 clause (h) was substituted by section 13(d) of অর্থ আইন, ২০১৮ (২০১৮ সনের ২২ নং আইন) (With effect from 1st July 2018)",
"263 The words and symbols “net profit from business or profession, excluding any profit or income of subsidiary or associate or joint venture,” were substituted for the words “net profit” by section 21(a) of অর্থ আইন, ২০২০ (২০২০ সনের ৯ নং আইন)।",
"264 The words and symbols “net profit from business or profession, excluding any profit or income of subsidiary or associate or joint venture,” were substituted for the words “net profit” by section 21(a) of অর্থ আইন, ২০২০ (২০২০ সনের ৯ নং আইন)।",
"265 The words ““crossed cheque or” were omitted by section10(a) of অর্থ আইন, ২০২১ (২০২১ সনের ১১নং আইন).",
"266 The word “twenty” was substituted for the word “fifteen” by section10(a) of অর্থ আইন, ২০২১ (২০২১ সনের ১১নং আইন)",
"267 Clause (ii) was inserted by section section 10(b) of অর্থ আইন, ২০২১ (২০২১ সনের ১১নং আইন)",
"268 The words \"net profit disclosed in the statement of accounts\" were substituted for the words \"disclosed net profit\" by section 11(d) of the Finance Act, 2014 (Act No. IV of 2014) (with effect from 1st July, 2014).",
"269 The words, letters, symbol and brackets “zero point five zero percent (0.50%)” were substituted for the words, letters, symbol and brackets “one point two five percent(1.25%)” by section 21(b) of অর্থ আইন, ২০২০ (২০২০ সনের ৯ নং আইন)।",
"270 The word “business” was inserted after the word “disclosed” by section 10(c) of অর্থ আইন, ২০২১ (২০২১ সনের ১১নং আইন)",
"271 The semi-colon (;) was substituted for the full stop (.) at the end and thereafter clauses (l) and (m) were inserted by section 19 of the Finance Act, 2012 (Act No. XXVI of 2012) (with effect from 1st July, 2012).",
"272 The colon (:) was substituted for the semi-colon (;) and the proviso was added by section 12 (b) of অর্থ আইন, ২০১৭ (২০১৭ সনের ১৪ নং আইন) (With effect from 1st July 2017).",
"273 clause (m) was substituted by section10(d) of অর্থ আইন, ২০২১ (২০২১ সনের ১১নং আইন)",
"274 The semi-colon \";\" was substituted for the full-stop \".\" and thereafter clause (n) was added by section 11(e) of the Finance Act, 2014 (Act No. IV of 2014) (with effect from 1st July, 2014).",
"275 The words “a crossed cheque or” were omitted by section10(e) of অর্থ আইন, ২০২১ (২০২১ সনের ১১নং আইন)",
"276 The semi-colon (;) was substituted for the full-stop (.) and clause (o) was added by section 12 (c) of অর্থ আইন, ২০১৭ (২০১৭ সনের ১৪ নং আইন) (With effect from 1st July 2017).",
"277 Clause (p) was added by section 21(c) of অর্থ আইন, ২০২০ (২০২০ সনের ৯ নং আইন)।",
"278 The Explanations were substituted by section10(f) of অর্থ আইন, ২০২১ (২০২১ সনের ১১নং আইন)",
"279 Explanation-2 was omitted by section 17(b) of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022).",
"280 Section 30B was inserted by section 17 of অর্থ আইন, ২০১৯ (২০১৯ সনের ১০ নং আইন).",
"281 The full stop (.) was substituted for the colon (:) after the words \"in which the transfer took place\" and thereafter the proviso was ommitted by section 18 of the Finance Act, 2011 (Act No. XII of 2011) .",
"282 Section 31A was inserted by section 22 of অর্থ আইন, ২০২০ (২০২০ সনের ৯ নং আইন)।",
"283 Sub-clauses (a) and (b) were omitted by section 10 of the Finance Ordinance, 1986 (Ordinance No. XLV of 1986)",
"284 Sub-clauses (c), (cc) and (ccc) were substituted for the clause (c) by section 8 of অর্থ আইন, ১৯৯০ (১৯৯০ সনের ৪৫ নং আইন)",
"285 Sub-clause (c) was omitted by section 7 of অর্থ আইন, ১৯৯৩ (১৯৯৩ সনের ১৮ নং আইন)",
"286 The colon (:) was substituted for the full-stop (.) and thereafter the proviso was added by section 10 of the Finance Ordinance, 1986 (Ordinance No. XLV of 1986)",
"287 The proviso was omitted by section 8 of অর্থ আইন, ১৯৯০ (১৯৯০ সনের ৪৫ নং আইন)",
"288 The proviso was inserted by section 7 of অর্থ আইন, ১৯৯৩ (১৯৯৩ সনের ১৮ নং আইন)",
"289 The word “same” was omitted by section 6 of অর্থ আইন, ১৯৯৫ (১৯৯৫ সনের ১২ নং আইন)",
"290 Sub-section (5A) was inserted by section 18(a) of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022).",
"291 Sub-section (7) was omitted by section 18(b) of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022).",
"292 The words, commas, figures and brackets “the Companies Act, 1913 (VII of 1913) or কোম্পানী আইন, ১৯৯৪ (১৯৯৪ সনের ১৮ নং আইন),\" were substituted for the words, comma and figures “the Companies Act, 1913 (VII of 1913)” by section 6 of অর্থ আইন, ১৯৯৫ (১৯৯৫ সনের ১২ নং আইন)",
"293 The words, commas, figures and brackets “the Companies Act, 1913 (VII of 1913) or কোম্পানী আইন, ১৯৯৪ (১৯৯৪ সনের ১৮ নং আইন),\" were substituted for the words, comma, figures and brackets “the Companies Act, 1913 (VII of 1913)” by section 6 of অর্থ আইন, ১৯৯৫ (১৯৯৫ সনের ১২ নং আইন)",
"294 Sub-section (11A) was omitted by section 16 of the Finance Act,2009(Act No.IX of 2009)(with effect from 1st July 2007).",
"295 Sub-section (12) was inserted by section 8 of অর্থ আইন, ১৯৯০ (১৯৯০ সনের ৪৫ নং আইন)",
"296 The words, brackets, figures and commas “sub-sections (5), (7), (10), and (11)” were substituted for the words, brackets, figures and commas “sub-sections (5), (6), (7), (8), (9), (10) and (11)” by section 57 of অর্থ আইন, ২০০০ (২০০০ সনের ১৫ নং আইন)",
"297 Section 32A was inserted by section 23 of অর্থ আইন, ২০২০ (২০২০ সনের ৯ নং আইন)।",
"298 Clause (d) was substituted by section 24 of অর্থ আইন, ২০২০ (২০২০ সনের ৯ নং আইন)।",
"299 The inverted commas, the words and the comma “Agricultural income”, were inserted by section 7 of অর্থ আইন, ১৯৯১ (১৯৯১ সনের ২১ নং আইন)",
"300 Sub-section (2) was substituted by section 13(a) of the Finance Act, 2014 (Act No. IV of 2014) (with effect from 1st July, 2014).",
"301 Sub-section (3) was substituted by section 14(a) of অর্থ আইন, ২০১৮ (২০১৮ সনের ২২ নং আইন) (With effect from 1st July 2018).",
"302 The words and symbols “clause (20) of section 2” were substituted for the words, numbers and symbols “the Companies Act, 1913 (VII of 1913) or কোম্পানী আইন, ১৯৯৪ (১৯৯৪ সালের ১৮ নং আইন)” by section 19 of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022).",
"303 The words “or a registered firm” were omitted by section 6 of অর্থ আইন, ১৯৯৮ (১৯৯৮ সনের ১৪ নং আইন)",
"304 The words “or the certification of accounts is not found verifiable” were inserted after the words, letters and brackets “sub-section (3)” by section 14(b) of অর্থ আইন, ২০১৮ (২০১৮ সনের ২২ নং আইন) (With effect from 1st July 2018).",
"305 The proviso was substituted by section 14 of অর্থ আইন, ২০০৫ (২০০৫ সনের ১৬ নং আইন)",
"306 The proviso was substituted by section 11 of অর্থ আইন, ২০২১(২০২১ সনের ১১ নং আইন)",
"307 The colon (:) was substituted for the full-stop (.) by section 19(a) of অর্থ আইন, ২০১৫ (২০১৫ সনের ১০ নং আইন) (with effect from 1st July 2015).",
"308 The proviso was added by section (18) of the Finance Act,2009(Act No.IX of 2009)(with effect from 1st July 2007).",
"309 The colon (:) was substituted for the full-stop (.) and thereafter the new proviso was added by section 19(b) of অর্থ আইন, ২০১৫ (২০১৫ সনের ১০ নং আইন) (with effect from 1st July 2015).",
"310 The word and commas “, bidi, zarda, chewing tobacco, gul or any other smokeless tobacco or tobacco products” were inserted after this word “cigarette” by section 24 of অর্থ আইন, ২০১৬ (২০১৬ সনের ২৮ নং আইন).",
"311 The words “a firm” were substituted for the words “an unregistered firm” by section 6 of অর্থ আইন, ১৯৯৫ (১৯৯৫ সনের ১২ নং আইন).",
"312 Sub-sections (3A) and (3B) were inserted by section 25 of অর্থ আইন, ২০২০ (২০২০ সনের ৯ নং আইন)।",
"313 Sub-section (8) was added by section 20 of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022).",
"314 The words, commas and semi-colon (;) “and also, in the case of a registered firm, of the tax payable by it;” were omitted by section 6 of অর্থ আইন, ১৯৯৫ (১৯৯৫ সনের ১২ নং আইন)",
"315 The words “otherwise than by way of gift or for adequate consideration” were substituted for words “otherwise than for adequate consideration” by section 8 of অর্থ আইন, ১৯৯০ (১৯৯০ সনের ৪৫ নং আইন)",
"316 The words “otherwise than by way of gift or for adequate consideration” were substituted for words “otherwise than for adequate consideration” by section 8 of অর্থ আইন, ১৯৯০ (১৯৯০ সনের ৪৫ নং আইন)",
"317 The words “otherwise than by way of gift or for adequate consideration” were substituted for words “otherwise than for adequate consideration” by section 8 of অর্থ আইন, ১৯৯০ (১৯৯০ সনের ৪৫ নং আইন)",
"318 The word “settlor” was substituted for the word “settler” by section 12 of অর্থ আইন, ১৯৮৯ (১৯৮৯ সনের ৩৬ নং আইন)6",
"319 The word “settlor” was substituted for the word “settler” by section 12 of অর্থ আইন, ১৯৮৯ (১৯৮৯ সনের ৩৬ নং আইন)7",
"320 The full stop (.) was substituted for the colon (:) and thereafter the proviso was omitted by section 8 of অর্থ আইন, ১৯৮৮ (১৯৮৮ সনের ৩৩ নং আইন)",
"321 The word “settlor” was substituted for the word “settler” by section 12 of অর্থ আইন, ১৯৮৯ (১৯৮৯ সনের ৩৬ নং আইন)10",
"322 The word “settlor” was substituted for the word “settler” by section 12 of অর্থ আইন, ১৯৮৯ (১৯৮৯ সনের ৩৬ নং আইন)11",
"323 The word “settlor” was substituted for the word “settler” by section 12 of অর্থ আইন, ১৯৮৯ (১৯৮৯ সনের ৩৬ নং আইন)",
"324 Sub-sections (2) and (3) were substituted by section 8 of অর্থ আইন, ১৯৯২ (১৯৯২ সনের ২১ নং আইন)",
"325 Clauses (b) and (c) were substituted by section 25 (a) of অর্থ আইন, ২০১৬ (২০১৬ সনের ২৮ নং আইন).",
"326 Clause (b) was substituted by section 21(a) of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022).",
"327 The numbers and symbol “20%” were substituted for the number and symbol “25%” by section 21(b) of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022).",
"328 The words “and fifty lakh” were omitted by section 12 of অর্থ আইন, ২০২১ (২০২১ সনের ১১ নং আইন)",
"329 Sub-section (3) was omitted by section 25 (b) of অর্থ আইন, ২০১৬ (২০১৬ সনের ২৮ নং আইন).",
"330 The words “twenty five percent” were substituted for the words “twenty percent” by section 14 of the Finance Act,2009(Act No.X of 2009)(with effect from 1st July 2008).",
"331 The full stop (.) was substituted for the colon (:) and thereafter the proviso was omitted by section 15 of অর্থ আইন, ২০০৫ (২০০৫ সনের ১৬ নং আইন)",
"332 Sub-section (5) was added by section 25(c) of অর্থ আইন, ২০১৬ (২০১৬ সনের ২৮ নং আইন).",
"333 Clause (a) was substituted by section 21(c) of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022).",
"334 Sub-sections (2A) and (2B) were inserted by section 8 of the Finance Ordinance, 1985 (Ordinance No. XXXII of 1985)",
"335 The figure “1995” was substituted for the figure “2000” by section 7 of অর্থ আইন, ১৯৯১ (১৯৯১ সনের ২১ নং আইন)",
"336 The words “seven years” was substituted for the word “six years” by the Income tax (Amendment) Ordinance, 1986 (Ordinance No. L of 1986)",
"337 The words “five years” was substituted for the word “four years” by the Income tax (Amendment) Ordinance, 1986 (Ordinance No. L of 1986)",
"338 The words, commas, figures and brackets “the Companies Act, 1913 (VII of 1913) or কোম্পানী আইন, ১৯৯৪ (১৯৯৪ সনের ১৮ নং আইন)\" were substituted for the words, comma, figures and brackets “the Companies Act, 1913 (VII of 1913)” by section 6 of অর্থ আইন, ১৯৯৫ (১৯৯৫ সনের ১২ নং আইন)",
"339 Clauses (c) and (cc) were substituted for the clause (c) by section 8 of অর্থ আইন, ১৯৯২ (১৯৯২ সনের ২১ নং আইন)",
"340 Clause (c) was omitted by section 6 of অর্থ আইন, ১৯৯৪ (১৯৯৪ সনের ১৪ নং আইন)",
"341 The words and commas “during the period, or within one year from the end of the period,” were substituted for the words “within two years from the end of the period” by section 6 of অর্থ আইন, ১৯৯৯ (১৯৯৯ সনের ১৬ নং আইন)",
"342 The words “thirty per cent” were substituted for the words “twenty five per cent” by section 6 of অর্থ আইন, ১৯৯৪ (১৯৯৪ সনের ১৪ নং আইন)",
"343 The colon (:) was substituted for the semi-colon (;) and thereafter the proviso was added by section 6 of অর্থ আইন, ১৯৯৯ (১৯৯৯ সনের ১৬ নং আইন)",
"344 The words “one hundred and eighty days” were substituted for the words “one hundred and twenty days” by section 10 of the Finance Act, 1986 (Act No. LXV of 1986)",
"345 The words “one hundred and eighty days” were substituted for the words “one hundred and twenty days” by section 10 of the Finance Act, 1986 (Act No. LXV of 1986)",
"346 Sub-section (2C) was inserted by section 8 of অর্থ আইন, ১৯৯০ (১৯৯০ সনের ৪৫ নং আইন)",
"347 The words “three months” were substituted for the words “six months” by section 8 of অর্থ আইন, ১৯৯২ (১৯৯২ সনের ২১ নং আইন)",
"348 The proviso was substituted by section 6 of অর্থ আইন, ১৯৯৯ (১৯৯৯ সনের ১৬ নং আইন)",
"349 Sub-section (8) was added by section 8 of অর্থ আইন, ১৯৯২ (১৯৯২ সনের ২১ নং আইন)",
"350 The words and commas “hunting lodges, amusement and theme park, holiday home, tourist resort, family fun and games, energy park” were substituted for the words “hunting lodges” by section 50 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন)",
"351 Sub-sections (2A) and (2B) were inserted by section 8 of the Finance Ordinance, 1985 (Ordinance No. XXXII of 1985)",
"352 The figure “2000” was substituted for the figure “1990” by section 12 of অর্থ আইন, ১৯৮৯ (১৯৮৯ সনের ৩৬ নং আইন)",
"353 The words “seven years” were substituted for the words “six years” by section 3 of the Income tax (Amendment) Ordinance, 1986 (Ordinance No. L of 1986)",
"354 The words “five years” were substituted for the words “four years” by section 3 of the Income tax (Amendment) Ordinance, 1986 (Ordinance No. L of 1986)",
"355 Clauses (c) and (cc) were substituted for former clause (c) by section 8 of অর্থ আইন, ১৯৯২ (১৯৯২ সনের ২১ নং আইন)",
"356 Clause (c) was omitted by section 6 of অর্থ আইন, ১৯৯৪ (১৯৯৪ সনের ১১ নং আইন)",
"357 The words and comma “during the period, or within one year from the end of the period” were substituted for the words and comma “within two years from the end of the period” by section 6 of অর্থ আইন, ১৯৯৯ (১৯৯৯ সনের ১৬ নং আইন)",
"358 The words “twenty five per cent” were substituted for the words “twenty per cent.” by section 7 of অর্থ আইন, ১৯৯৩ (১৯৯৩ সনের ১৮ নং আইন)",
"359 The colon (:) was substituted for the semi colon (;) and thereafter the proviso was added by section 6 of অর্থ আইন, ১৯৯৯ (১৯৯৯ সনের ১৬ নং আইন)",
"360 The words “one hundred and eighty days” were substituted for the words “one hundred and twenty days” by section 10 of the Finance Ordinance, 1986 (Ordinance No. XLV of 1986)",
"361 Sub-section (2C) was inserted by section 8 of অর্থ আইন, ১৯৯০ (১৯৯০ সনের ৪৫ নং আইন)",
"362 The words “three months” were substituted for the words “six months” by section 8 of অর্থ আইন, ১৯৯২ (১৯৯২ সনের ২১ নং আইন)",
"363 Sub-section (8) was inserted by section 8 of অর্থ আইন, ১৯৯২ (১৯৯২ সনের ২১ নং আইন)",
"364 Section 46A was inserted by section 6 of অর্থ আইন, ১৯৯৫ (১৯৯৫ সনের ১২ নং আইন)",
"365 The words and figure “profits and gains under section 28 fromprofits” were substituted for the words “profits and gains of” by section 18 of অর্থ আইন, ২০০৬ (২০০৬ সনের ২২ নং আইন)3",
"366 The word, comma and figure “June, 2008” were substituted for the word, comma and figure “June, 2005” by section 16 of অর্থ আইন, ২০০৫ (২০০৫ সনের ১৬ নং আইন)",
"367 The words “Dhaka and Chittagong divisions” were substituted for the words and comma “Dhaka and Chittagong and Sylhet divisions, ” by section 59 of অর্থ আইন, ২০০০ (২০০০ সনের ১৫ নং আইন)",
"368 The word “four” was substituted for the word “five” by section 16 of অর্থ আইন, ২০০৫ (২০০৫ সনের ১৬ নং আইন)",
"369 The words and commas “Rajshahi, Khulna, Sylhet and Barisal divisions” were substituted for the words and commas “Rajshahi, Khulna and Barisal divisions” by section 59 of অর্থ আইন, ২০০০ (২০০০ সনের ১৫ নং আইন)",
"370 The word “six” was substituted for the word “seven” by section 16 of অর্থ আইন, ২০০৫ (২০০৫ সনের ১৬ নং আইন)",
"371 The Explanation was omitted by section 16 of অর্থ আইন, ২০০৫ (২০০৫ সনের ১৬ নং আইন)",
"372 Sub-section (1A) was inserted by section 16 of অর্থ আইন, ২০০৫ (২০০৫ সনের ১৬ নং আইন)",
"373 The words and comma “solar energy plant,” were added after the words and comma “waste treatment plant,” by section (19) of the Finance Act,2009(Act No.IX of 2009)(with effect from 1st July 2007).",
"374 Clause (b) and the Explanation was omitted by section 16 of অর্থ আইন, ২০০৫ (২০০৫ সনের ১৬ নং আইন)",
"375 Clause (c) was substituted by section 16 of অর্থ আইন, ২০০৫ (২০০৫ সনের ১৬ নং আইন)",
"376 The colon was substituted for full-stop at the end of the existing proviso and thereafter a new proviso was added by section 17 of the Finance Act,2009(Act No.XXXVI of 2009)(with effect from 1st July 2009).",
"377 The words “within six months from the end of the month” were substituted for the words “within one hundred eighty days from the date” by section 59 of অর্থ আইন, ২০০০ (২০০০ সনের ১৫ নং আইন)",
"378 Sub-section (2A) was substituted by section 24 of অর্থ আইন, ২০০৩ (২০০৩ সনের ১৭ নং আইন)",
"379 The words “forty-five days” were substituted for the words “thirty days” by section 24 of অর্থ আইন, ২০০৩ (২০০৩ সনের ১৭ নং আইন)",
"380 The colon (:) was substituted for the full stop (.) and thereafter the proviso was inserted by section 40 of অর্থ আইন, ২০০২ (২০০২ সনের ১৪ নং আইন)",
"381 The proviso was substituted by section 6 of অর্থ আইন, ১৯৯৯ (১৯৯৯ সনের ১৬ নং আইন)",
"382 The semi-colon (;) and the word “; and” were substituted and thereafter clause (c) was added by section 51 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন)",
"383 The full stop (.) was substituted for the semi-colon (;) and clause (d) was omitted by section 16 of অর্থ আইন, ২০০৫ (২০০৫ সনের ১৬ নং আইন)",
"384 The words, numbers and comma ”June, 2015” were substituted for the words, numbers and comma “June, 2013” by section 13(a) of the Finance Act, 2013 (Act No. XXV of 2013) (with effect from 1st July, 2013).",
"385 The figure “2019” were substituted for the figure “2015” by section 14(a) of the Finance Act, 2014 (Act No. IV of 2014) (with effect from 1st July, 2014).",
"386 sub-sections (1), (2), (3)and (4) were substituted by section 20 of the Finance Act, 2011 (Act No.XII of 2011)",
"387 The words, numbers and comma ”the thirtieth day of June, 2015” were substituted for the words, numbers and comma “the thirtieth day of June, 2013” by section 13(b)(i) of the Finance Act, 2013 (Act No. XXV of 2013) (with effect from 1st July, 2013).",
"388 The figure “2019” were substituted for the figure “2015” by section 14(b)(i) of the Finance Act, 2014 (Act No. IV of 2014) (with effect from 1st July, 2014).",
"389 Clause (i) and (ii) were substituted by section 13(b)(ii) of the Finance Act, 2013 (Act No. XXV of 2013) (with effect from 1st July, 2013).",
"390 The words and comma “Dhaka, Mymensingh and” were substituted for the words “Dhaka and” by section 13 of অর্থ আইন, ২০১৭ (২০১৭ সনের ১৪ নং আইন) (With effect from 1st July 2017).",
"391 Clause (ii) was substituted by section 14(b)(ii) of the Finance Act, 2014 (Act No. IV of 2014) (with effect from 1st July, 2014).",
"392 Clause (aa) was inserted by section 20(a)(i) of অর্থ আইন, ২০১৫ (২০১৫ সনের ১০ নং আইন) (with effect from 1st July 2015).",
"393 Clause (dd) was inserted by section 20(a)(ii) of অর্থ আইন, ২০১৫ (২০১৫ সনের ১০ নং আইন) (with effect from 1st July 2015).",
"394 Clause (gg) was inserted by section 14(c) of the Finance Act, 2014 (Act No. IV of 2014) (with effect from 1st July, 2014).",
"395 The words “or Tunnel Kiln” were inserted for the word “Hoffmann Kiln” by section 12(a)(iii) of অর্থ আইন, ২০১৫ (২০১৫ সনের ১০ নং আইন) (with effect from 1st July 2015).",
"396 The words “or” was omitted and thereafter new clause (qq) was inserted by section 20(a)(iv) of অর্থ আইন, ২০১৫ (২০১৫ সনের ১০ নং আইন) (with effect from 1st July 2015).",
"397 The words and commas “or any individual not being a Bangladeshi citizen is employed or allowed to work without prior approval of the Board of Investment or any competent authority of the Government, as the case may be, for this purpose” were inserted after the words “are not fulfilled” by section 20(b) of অর্থ আইন, ২০১৫ (২০১৫ সনের ১০ নং আইন) (with effect from 1st July 2015).",
"398 Section 46BB was inserted by section 21 of অর্থ আইন, ২০১৯ (২০১৯ সনের ১০ নং আইন).",
"399 Sub-clauses (xxvii), (xxviii), (xxix), (xxx), (xxxi), (xxxii) and (xxxiii) and the entries mentioned opposite were added by section 26 of অর্থ আইন, ২০২০ (২০২০ সনের ৯ নং আইন)।",
"400 The words, numbers and comma ”June, 2015” were substituted for the words, numbers and comma “June, 2013” by section 14(a) of the Finance Act, 2013 (Act No. XXV of 2013) (with effect from 1st July, 2013).",
"401 The figure “2019” was substituted for the figure “2015” by section 15(a) of the Finance Act, 2014 (Act No. IV of 2014) (with effect from 1st July, 2014).",
"402 Section 46C was added by section 21 of the Finance Act, 2011 (Act No. XII of 2011) .",
"403 Sub-section (1) was substituted by section 14(b) of the Finance Act, 2013 (Act No. XXV of 2013) (with effect from 1st July, 2013).",
"404 The figure “2019” was substituted for the figure “2015” by section 15(b) of the Finance Act, 2014 (Act No. IV of 2014) (with effect from 1st July, 2014).",
"405 The words “toll road or bridge” were substituted for the words “toll road \" by section 21 of the Finance Act, 2012 (Act No. XXVI of 2012) (with effect from 1st July, 2012).",
"406 The words and commas “or any individual not being a Bangladeshi citizen is employed or allowed to work without prior approval of the Board of Investment or any competent authority of the Government, as the case may be, for this purpose” were inserted after the words “are not fulfilled” by section 20(b) of অর্থ আইন, ২০১৫ (২০১৫ সনের ১০ নং আইন) (with effect from 1st July 2015).",
"407 Section 46CC was inserted by section 22 of অর্থ আইন, ২০১৯ (২০১৯ সনের ১০ নং আইন).",
"408 The words “including a co-operative society carrying on the business of banking\" was omitted by section 22 of the Finance Act, 2012 (Act No. XXVI of 2012) (with effect from 1st July, 2012).",
"409 Clause (a) and (c) was omitted by section 22 of অর্থ আইন, ২০১৫ (২০১৫ সনের ১০ নং আইন) (with effect from 1st July 2015).",
"410 Clause (a) and (c) was omitted by section 22 of অর্থ আইন, ২০১৫ (২০১৫ সনের ১০ নং আইন) (with effect from 1st July 2015).",
"411 The words “three lakh taka” were substituted for the words “one lakh taka” by section 6 of অর্থ আইন, ১৯৯৫ (১৯৯৫ সনের ১২ নং আইন)",
"412 The word “fifteen” was substituted for the word “ten” by section 8 of the Finance Ordinance, 1985 (Ordinance No. XXXII of 1985)",
"413 Clause (aa) was inserted by section 52 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন)",
"414 Clause (bb) was omitted by section 2 of the Income Tax (Amendment) Ordinance No, 1985 (Ordinance No. XXXVI of 1985)",
"415 Clause (d) was substituted by section 23(a) of the Finance Act, 2012 (Act No. XXVI of 2012) (with effect from 1st July, 2012).",
"416 The word “and” was omitted by section 8 of অর্থ আইন, ১৯৮৮ (১৯৮৮ সনের ৩৩ নং আইন)",
"417 The semi colon (;) was substituted for the full-stop (.) and thereafter clauses (h) to (m) were added by section 8 of অর্থ আইন, ১৯৮৮ (১৯৮৮ সনের ৩৩ নং আইন)",
"418 Clause (II) was inserted by section 16(a) of the Finance Act, 2014 (Act No. IV of 2014) (with effect from 1st July, 2014).",
"419 Clause (l) was omitted by section 7 of অর্থ আইন, ১৯৯৩ (১৯৯৩ সনের ১৮ নং আইন)",
"420 The word “and” was omitted by section 12 of অর্থ আইন, ১৯৮৯ (১৯৮৯ সনের ৩৬ নং আইন)",
"421 The semi-colon (;) was substituted for the full stop (.) and the word “and ” and clause (n) was inserted by section 12 of অর্থ আইন, ১৯৮৯ (১৯৮৯ সনের ৩৪ নং আইন)",
"422 The word “and” was omitted by section 6 of অর্থ আইন, ১৯৯৯ (১৯৯৯ সনের ১৬ নং আইন)",
"423 Clause (n) was substituted by section 52 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন)",
"424 The semi-colon (;) was substituted for the full-stop (.) and thereafter the clauses (o), (p) and (q) were inserted by section 7 of অর্থ আইন, ১৯৯১ (১৯৯১ সনের ২১ নং আইন)",
"425 Clause (oo) was inserted by section 26 of অর্থ আইন, ২০১৬ (২০১৬ সনের ২৮ নং আইন).",
"426 Clauses (r), (s), (t), (u), (v), (w), (x), (y) and (z) were inserted by section 6 of অর্থ আইন, ১৯৯৯ (১৯৯৯ সনের ১৬ নং আইন)",
"427 Clause (u) was omitted by section 60 of অর্থ আইন, ২০০০ (২০০০ সনের ১৫ নং আইন)",
"428 Clause (v) was omitted by section 52 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন)",
"429 Clause (y) was omitted by section 60 of অর্থ আইন, ২০০০ (২০০০ সনের ১৫ নং আইন)",
"430 Clauses (za), (zb) and (zc) were added by section 60 of অর্থ আইন, ২০০০ (২০০০ সনের ১৫ নং আইন)",
"431 Clause (zb) was omitted by section 52 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন)",
"432 The semi-colon (;) was substituted for the full stop (.) and thereafter clause (zd) was inserted by section 52 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন)",
"433 The semi colon (;) was substituted for the full stop (.) and thereafter clause (ze) was added by section 41 of অর্থ আইন, ২০০২ (২০০২ সনের ১৪ নং আইন)",
"434 The semi-colon (;) was substituted for the full stop (.) and thereafter clauses (zf), (zg), (zh) and (zi) were inserted by section 17 of অর্থ আইন, ২০০৫ (২০০৫ সনের ১৬ নং আইন)",
"435 Clause (zf) was substituted by section 19 of the Finance Act,2009(Act No.XXXVI of 2009)(with effect from 1st July 2009).",
"436 The words “any commodity” were substituted for the words “knitwear or oven garments” by section 20 of the Finance Act,2009(Act No.IX of 2009)(with effect from 1st July 2007).",
"437 The semi-colon (;) was substituted for the full-stop (.) and thereafter clauses (zj), (zk) and (zl) were added by section 19 of অর্থ আইন, ২০০৬ (২০০৬ সনের ২২ নং আইন)",
"438 Clause (zk) was omitted by section 19 of the Finance Act,2009(Act No.XXXVI of 2009)(with effect from 1st July 2009).",
"439 Clause (zkk) was inserted by section 23(b) of the Finance Act, 2012 (Act No. XXVI of 2012) (with effect from 1st July, 2012).",
"440 Clause (zl) was omitted by section 20(b) of the Finance Act, 2009 (Act No. IX of 2009)(with effect from 1st July 2009).",
"441 Clauses (zm), (zn) and (zo) were added by section 20(c) of the Finance Act,2009(Act No. IX of 2009)(with effect from 1st July 2009).",
"442 The words `issuance or` were omitted by section 16(a) of the Finance Act, 2009 (Act No. X of 2009)(with effect from 1st July 2008).",
"443 Clause (zn) was omitted by section 34(a) of the Finance Act, 2010 (Act No.XXXIII of 2010).",
"444 Semicolon was substituted for the full-stop and thereafter new clauses (zp), (zq), (zr) and (zs) were added by section 16(b) of the Finance Act, 2009 (Act No. X of 2009)(with effect from 1st July 2008).",
"445 Semicolon was substituted for the full-stop at the end and thereafter clause (zt) was added by section 19 of the Finance Act, 2009 (Act No.XXXVI of 2009)(with effect from 1st July 2009).",
"446 Semi-colon (;) was substituted for the full-stop (.) at the end of clause (zt) and thereafter clauses (zu) and (zv) were added by section 34(b) of the Finance Act, 2010 (Act No. XXXIII of 2010).",
"447 Clause (zu) was omitted by section 15(a) of the Finance Act, 2013 (Act No. XXV of 2013) (with effect from 1st July, 2013).",
"448 The semi-colon (;) was substituted for the full stop (.) at the end of clause (zv) and thereafter the new clauses (zw) and (zx) were added by section 22(a) of the Finance Act, 2011 (Act No. XII of 2011).",
"449 The semi-colon (;) was substituted for the full stop (.) at the end of clause (zx) and thereafter the new clause (zy) was added by section 23(c) of the Finance Act, 2012 (Act No. XXVI of 2012) (with effect from 1st July, 2012).",
"450 The semi-colon (;) was substituted for the full-stop (.) and thereafter clause (zz) was added by section 15(b) of the Finance Act, 2013 (Act No. XXV of 2013) (with effect from 1st July, 2013).",
"451 The semi-colon “;” was substituted for the full-stop “.” and thereafter clauses (zza), (zzb), (zzc), (zzd) and (zze) were added by section 16(b) of the Finance Act, 2014 (Act No. IV of 2014) (with effect from 1st July, 2014).",
"452 The semi-colon (;) was substituted for the full stop (.) and thereafter clause (zzff) was inserted by section 23 of অর্থ আইন, ২০১৫ (২০১৫ সনের ১০ নং আইন) (with effect from 1st July 2015).",
"453 The semi-colon (;) was substituted for the full stop (.) and thereafter clause (zzg) & (zzh) were inserted by section 22 of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (with effect from 1st July 2022).",
"454 The words and comma `not being payments made by the government,` were omitted by section 22(b) of the Finance Act, 2011 (Act No. XII of 2011).",
"455 Section 50A was inserted by section 5 of অর্থ আইন, ১৯৯৭ (১৯৯৭ সনের ১৫ নং আইন)",
"456 The colon (:) was substituted for the full-stop (.) and thereafter the proviso was inserted by section 19 of অর্থ আইন, ২০০৪ (২০০৪ সনের ১৬ নং আইন)",
"457 Sub-sections (1A) and (1B) were inserted by section 24(A) of অর্থ আইন, ২০১৫ (২০১৫ সনের ১০ নং আইন) (with effect from 1st July 2015).",
"458 The word, figure and brackets “ sub-sections (1) and (1A)” were substituted for the word, figure and brackets “sub-section (1)” by section 24(B) of অর্থ আইন, ২০১৫ (২০১৫ সনের ১০ নং আইন) (with effect from 1st July 2015).",
"459 Sub-section (2A) was inserted by section 16 of the Finance Act, 2013 (Act No. XXV of 2013) (with effect from 1st July, 2013).",
"460 The word, figure and brackets “ sub-sections (1) and (1A)” were substituted for the word, figure and brackets “sub-section (1)” by section 24(C) of অর্থ আইন, ২০১৫ (২০১৫ সনের ১০ নং আইন) (with effect from 1st July 2015).",
"461 The word, figure and brackets “ sub-sections (1) and (1A)” were substituted for the word, figure and brackets “sub-section (1)” by section 24(D) of অর্থ আইন, ২০১৫ (২০১৫ সনের ১০ নং আইন) (with effect from 1st July 2015).",
"462 Section 50B was added by section 23 of the Finance Act, 2011 (Act No. XII of 2011) .",
"463 Section 51was substituted by section 27 of অর্থ আইন, ২০২০ (২০২০ সনের ৯ নং আইন)।",
"464 Section 52, 52A and 52AA were substituted by section 28 of অর্থ আইন, ২০১৬ (২০১৬ সনের ২৮ নং আইন).",
"465 The proviso was substituted by section 14 of অর্থ আইন, ২০১৭ (২০১৭ সনের ১৪ নং আইন) (With effect from 1st July 2017).",
"466 Proviso (a) was substituted by section 23(a) of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022).",
"467 Paragraph (b) was omitted by section 23(a) (i) of অর্থ আইন, ২০১৯ (২০১৯ সনের ১০ নং আইন).",
"468 Proviso (bb) was substituted by section 23(b) of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022).",
"469 Paragraph (d) was added by section 23(a) (ii) of অর্থ আইন, ২০১৯ (২০১৯ সনের ১০ নং আইন).",
"470 The colon “:” was substituted for the full-stop “.” by section 28(a) of অর্থ আইন, ২০২০ (২০২০ সনের ৯ নং আইন)।",
"471 Proviso was added by section 28(a) of অর্থ আইন, ২০২০ (২০২০ সনের ৯ নং আইন)।",
"472 The words “or a Micro Credit Organisation having licence with Micro Credit Regulatory Authority” were inserted after the word “Bureau” by section 23(b)(i) of অর্থ আইন, ২০১৯ (২০১৯ সনের ১০ নং আইন).",
"473 Item (xiia) was inserted by section 23(b)(ii) of অর্থ আইন, ২০১৯ (২০১৯ সনের ১০ নং আইন).",
"474 The word “and” was omitted by section 13(b) of অর্থ আইন, ২০২১ (২০২১ সনের ১১ নং আইন)",
"475 Item (xv) and (xvi) were substituted for Item (xv) by section 13(b) of অর্থ আইন, ২০২১ (২০২১ সনের ১১ নং আইন)",
"476 The word “and” was omitted by section 23(c)(i) of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022).",
"477 Item (xvi) was substituted by section 23(c)(i) of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022).",
"478 Item (xvii) was added after item (xvi) by section 23(c)(ii) of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022).",
"479 The words “or an order or instruction of making payment” were added after the words “adjustment of payment” by section 28(b) of অর্থ আইন, ২০২০ (২০২০ সনের ৯ নং আইন)।",
"480 The words “or an order or instruction of making payment” were added after the words “adjustment of payment” by section 29 of অর্থ আইন, ২০২০ (২০২০ সনের ৯ নং আইন)।",
"481 Sub-section (1) was substituted by section 24 of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022).",
"482 The words “or an order or instruction of making payment” were added after the words “adjustment of payment” by section 30 (b) of অর্থ আইন, ২০২০ (২০২০ সনের ৯ নং আইন)।",
"483 Section 52AAA was inserted by section 23 of অর্থ আইন, ২০০৪ (২০০৪ সনের ১৬ নং আইন)",
"484 The words “ten percent” were substituted for the words “seven and half percent” by the sections 36 of the Finance Act,2010(Act No.XXXIII of 2010).",
"485 Section 52B was substituted by section 29 of অর্থ আইন, ২০১৬ (২০১৬ সনের ২৮ নং আইন).",
"486 Sub-section 52C was substituted by section 37 of the Finance Act,2010(Act No.XXXIII of 2010).",
"487 The word “six” was substituted for the word “two” by section 31(a) of অর্থ আইন, ২০২০ (২০২০ সনের ৯ নং আইন)।",
"488 The word “three” was substituted for the word “one” by section 31(b) of অর্থ আইন, ২০২০ (২০২০ সনের ৯ নং আইন)।",
"489 Sections 52D, 52E, 52F, 52G, 52H and 52I were inserted by section 6 of অর্থ আইন, ১৯৯৯ (১৯৯৯ সনের ১৬ নং আইন)",
"490 Section 52D and 52DD were substituted by section 30 of অর্থ আইন, ২০১৬ (২০১৬ সনের ২৮ নং আইন).",
"491 The words, brackets and symble “ten per cent (10%)” were substituted for the words, brackets and symble “five percent (5%)” by section 25 of অর্থ আইন, ২০১৯ (২০১৯ সনের ১০ নং আইন).",
"492 section 52DD was substituted by section 15 of অর্থ আইন, ২০২১ (২০২১ সনের ১১ নং আইন)",
"493 Section 52F was substituted by section 21 of অর্থ আইন, ২০০৫ (২০০৫ সনের ১৬ নং আইন)",
"494 Section 52F was substituted by section 26 of অর্থ আইন, ২০১৯ (২০১৯ সনের ১০ নং আইন).",
"495 Section 52JJ was substituted by section 31 of অর্থ আইন, ২০১৬ (২০১৬ সনের ২৮ নং আইন).",
"496 Section 52K was substituted by section 25 of the Finance Act, 2012 (Act No. XXVI of 2012) (with effect from 1st July, 2012).",
"497 The words “three thousand” were substituted for the words “five hundred” by section 27(a) of অর্থ আইন, ২০১৯ (২০১৯ সনের ১০ নং আইন).",
"498 The words and comma “Dhaka South City Corporation, Dhaka North City Corporation” were substituted fof the words “Dhaka City Corporation” by section 16(a) of অর্থ আইন, ২০১৭ (২০১৭ সনের ১৪ নং আইন) (With effect from 1st July 2017).",
"499 The words “two thousand” were substituted for the words “three hundred” by section 27(b) of অর্থ আইন, ২০১৯ (২০১৯ সনের ১০ নং আইন).",
"500 The words “in any other city corporation” were substituted for the words and comma “in any city corporation, other than Dhaka and Chittagong City Corporation” by section 16(b) of অর্থ আইন, ২০১৭ (২০১৭ সনের ১৪ নং আইন) (With effect from 1st July 2017).",
"501 The words “one thousand” were substituted for the words “three hundred” by section 27(c) of অর্থ আইন, ২০১৯ (২০১৯ সনের ১০ নং আইন).",
"502 The words “five thousand” were substituted for the words “one hundred” by section 27(d) of অর্থ আইন, ২০১৯ (২০১৯ সনের ১০ নং আইন).",
"503 Section 52L was omitted by section 40 of the Finance Act,2010(Act No.XXXIII of 2010).",
"504 Section 52M was inserted by section (29) of the Finance Act,2009(Act No.IX of 2009)(with effect from 1st July 2007).",
"505 The words \"or credit of such payment to the account of the payee\" were inserted after the words \"at the time of making such payment\" by section 27 of the Finance Act, 2011 (Act No. XII of 2011) .",
"506 The words “fifteen percent” were substituted for the words “seven and half percent” by section 41 of the Finance Act,2010(Act No.XXXIII of 2010).",
"507 section 52N was substituted by section 16 of অর্থ আইন, ২০২১ (২০২১ সনের ১১ নং আইন)",
"508 Section (52O) was added by section 21 of the Finance Act,2009(Act No.XXXVI of 2009)(with effect from 1st July 2009).",
"509 Section 52P was substituted by section 28 of অর্থ আইন, ২০১৯ (২০১৯ সনের ১০ নং আইন).",
"510 Section 52Q was substituted by section 32 of অর্থ আইন, ২০২০ (২০২০ সনের ৯ নং আইন)।",
"511 The provisos were substituted by section 17 of অর্থ আইন, ২০২১(২০২১ সনের ১১ নং আইন).",
"512 The word and number “and 61” were inserted after the word and number “ paragraph 48” by section 25 of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022).",
"513 Section 52R was added by section 27 of the Finance Act, 2012 (Act No. XXVI of 2012) (with effect from 1st July, 2012).",
"514 The words, figures, symbol and brackets “one point five percent (1.5%)” were substituted the words “one percent” by section 32 (a) of অর্থ আইন, ২০১৬ (২০১৬ সনের ২৮ নং আইন).",
"515 The comma, words and brackets “, Bangladesh Telecommunication Regulatory Commission (BTRC)” were inserted after the words and brackets “Access Network Services (ANS)” by section 33 of অর্থ আইন, ২০২০ (২০২০ সনের ৯ নং আইন)।",
"516 The words, figures, symbol and brackets “seven point five percent (7.5%)” were substituted the words “five percent” by section 32 (b) by section 22 (a)(ii) of অর্থ আইন, ২০১৬ (২০১৬ সনের ২৮ নং আইন).",
"517 Sub-section (2A) was inserted by section 17(a) of অর্থ আইন, ২০১৭ (২০১৭ সনের ১৪ নং আইন) (With effect from 1st July 2017).",
"518 The words, figures and brackets “sub-sections (1), (2) or (2A)” were substituted for the words, figures and brackets “sub-section (1) or (2)” by section 17 (b) of অর্থ আইন, ২০১৭ (২০১৭ সনের ১৪ নং আইন) (With effect from 1st July 2017).",
"519 The comma and word “, etc.” were inserted after the words “soft drink” by section 24(a) of the Finance Act, 2014 (Act No. IV of 2014) (with effect from 1st July, 2014).",
"520 Section 52S was omitted by section 17 of অর্থ আইন, ২০১৮ (২০১৮ সনের ২২ নং আইন) (With effect from 1st July 2018).",
"521 Section 52T, 52U and 52V were added by section 25 of the Finance Act, 2014 (Act No. IV of 2014) (with effect from 1st July, 2014).",
"522 Section 52U was substituted by section 18 of অর্থ আইন, ২০১৮ (২০১৮ সনের ২২ নং আইন) (With effect from 1st July 2018).",
"523 The words, letter, symbol and brackets “The tax shall be deducted at the rate of two percent (2%)” were substituted for the words “The provision of this section shall not be applicable” by section 34(a) of অর্থ আইন, ২০২০ (২০২০ সনের ৯ নং আইন)।",
"524 Sub-section (4) was omited by section 34(b) of অর্থ আইন, ২০২০ (২০২০ সনের ৯ নং আইন)।",
"525 section 53 was substituted by section 18 of অর্থ আইন, ২০২১ (২০২১ সনের ১১ নং আইন)",
"526 Sections 53A, 53B, 53C and 53D were inserted by section 8 of অর্থ আইন, ১৯৮৮ (১৯৮৮ সনের ৩৩ নং আইন)",
"527 Section 53A was substituted by section 29 of অর্থ আইন, ২০১৯ (২০১৯ সনের ১০ নং আইন).",
"528 The words “a certificate is received in prescribed manner from Deputy Commissioner of Taxes concerned and” were inserted after the word “unless” by section 34 of অর্থ আইন, ২০১৫ (২০১৫ সনের ১০ নং আইন) (with effect from 1st July 2015).",
"529 The words “five percent” were substituted for the words “four percent” by section 30 of the Finance Act,2009(Act No.IX of 2009)(with effect from 1st July 2007).",
"530 The colon(:) was substituted for the full-stop at the end and thereafter proviso was added by section 22 of the Finance Act,2009(Act No.XXXVI of 2009)(with effect from 1st July 2009).",
"531 section 53B was substituted by section 19 of অর্থ আইন, ২০২১ (২০২১ সনের ১১ নং আইন)",
"532 Section 53BB was substituted by section 26 of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022).",
"533 Section 53BBB was substituted by section 36 of অর্থ আইন, ২০২০ (২০২০ সনের ৯ নং আইন)।",
"534 Section 53BBBB was omitted by section 27 of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022).",
"535 The words “public auction through sealed tender or otherwise” were substituted for the words “public auction” by section 4 of অর্থ আইন, ১৯৯৬ (১৯৯৬ সনের ১৮ নং আইন)",
"536 The commas and words \", other than a private limited company,\" were omitted after the words \"the force of law in Bangladesh or any company\" by section 33 (a) of the Finance Act, 2011 (Act No. XII of 2011) .",
"537 The words, commas, figures, and brackets “the Companies Act, 1913 (VII of 1913) or কোম্পানী আইন, ১৯৯৪ (১৯৯৪ সনের ১৮নং আইন)\" were substituted for the words, comma, figures and brackets “ the Companies Act, 1913 (VII of 1913)” by section 6 of অর্থ আইন, ১৯৯৫ (১৯৯৫ সনের ১২ নং আইন)",
"538 The words, figures, comma and brackets \"the Companies Act, 1913 (VII of 1913) or\" were omitted by section 33(b) of the Finance Act, 2011 (Act No. XII of 2011) .",
"539 The words “or allowing to exercise the rights” were inserted after the words “before delivering the possession of the goods or the property”by section 20(a) of অর্থ আইন, ২০২১ (২০২১ সনের ১১ নং আইন)",
"540 The words, figure and clone(:) “at the rate of 10% (ten percent) of the sale price:” were substituted for the words, commas and full stop “at such rate, not exceeding seven and a half percent of the sale price, as may be prescribed.” by section 20(b) of অর্থ আইন, ২০২১ (২০২১ সনের ১১ নং আইন)",
"541 The new Proviso “Provided that the rate of deduction shall be 1% (one percent) in case of sale of tea by public auction.” was inserted before the Explanation by section 20(c) of অর্থ আইন, ২০২১ (২০২১ সনের ১১ নং আইন)",
"542 Section 53CC was omitted by section 35 of অর্থ আইন, ২০১৫ (২০১৫ সনের ১০ নং আইন) (with effect from 1st July 2015).",
"543 Section 53CCC was inserted by section 35 of অর্থ আইন, ২০১৬ (২০১৬ সনের ২৮ নং আইন).",
"544 Section 53D was substituted by section 34 of the Finance Act, 2011 (Act No. XII of 2011) .",
"545 The colon (:) was substituted for the full stop (.) at the end and thereafter the proviso was inserted by section 32 of the Finance Act, 2012 (Act No. XXVI of 2012) (with effect from 1st July, 2012).",
"546 Section (53DD) was omitted by section 26 of the Finance Act,2009(Act No.XXXVI of 2009)(with effect from 1st July 2009).",
"547 Section 53DDD was inserted by section 33 of the Finance Act, 2012 (Act No. XXVI of 2012) (with effect from 1st July, 2012).",
"548 The words “three per cent” were substituted for the words “five percent” by section 27 of the Finance Act, 2014 (Act No. IV of 2014) (with effect from 1st July, 2014).",
"549 The word “ten” was substituted for the word “three” by section 30 of অর্থ আইন, ২০১৯ (২০১৯ সনের ১০ নং আইন).",
"550 Section 53E was substituted by section 18 of অর্থ আইন, ২০১৭ (২০১৭ সনের ১৪ নং আইন) (With effect from 1st July 2017).",
"551 The words “or an order or instruction of making payment” were added after the words “adjustment of payment” by section 38 of অর্থ আইন, ২০২০ (২০২০ সনের ৯ নং আইন)।",
"552 The semi-colon (;) was substituted for the full stop (.)at the end of clause (b) and thereafter the new clause (c) was inserted by section 21 of অর্থ আইন, ২০২১ (২০২১ সনের ১১ নং আইন)",
"553 Section 53EE was inserted by section 66 of অর্থ আইন, ২০০০ (২০০০ সনের ১৫ নং আইন)",
"554 The words, figure, symbol and brackets “ten per cent (10%)” were substituted for the words “ seven and a half per cent ” by section 37 of অর্থ আইন, ২০১৫ (২০১৫ সনের ১০ নং আইন) (with effect from 1st July 2015).",
"555 Section 53F was substituted by section 28 of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022).",
"556 Section 53FF was inserted by section 26 of অর্থ আইন, ২০০৫ (২০০৫ সনের ১৬ নং আইন)",
"557 Clause (a) was substituted by section 47 of the Finance Act,2010(Act No.XXXIII of 2010).",
"558 The words and commas \", constructed for residential purposes,\" were inserted after the words \"in case of building or apartment\" by section 36 (a) of the Finance Act, 2011 (Act No. XII of 2011).",
"559 Sub-clause (i), (ii) and (iii) were substituted for Sub-clause (i) and (ii) by section 36 (a) of the Finance Act, 2011 (Act No. XII of 2011).",
"560 The words ” one thousand and six hundred” were substituted for the words “two thousand” by section 23(a)(i) of the Finance Act, 2013 (Act No. XXV of 2013) (with effect from 1st July, 2013).",
"561 The words ” one thousand and five hundred” were substituted for the words “one thousand and eight hundred” by section 23(a)(ii) of the Finance Act, 2013 (Act No. XXV of 2013) (with effect from 1st July, 2013).",
"562 Sub-clause (iii) was substituted by section 38(a) of অর্থ আইন, ২০১৬ (২০১৬ সনের ২৮ নং আইন).",
"563 Clause (aa) was added by section 36 (b) of the Finance Act, 2011 (Act No. XII of 2011) .",
"564 The words ”six thousand and five hundred” were substituted for the words “eight thousand” by section 23(b)(i) of the Finance Act, 2013 (Act No. XXV of 2013) (with effect from 1st July, 2013).",
"565 The words ”five thousand” were substituted for the words “six thousand” by section 23(b)(ii) of the Finance Act, 2013 (Act No. XXV of 2013) (with effect from 1st July, 2013).",
"566 Sub-clause (iii) was substituted by section 38 (b) of অর্থ আইন, ২০১৬ (২০১৬ সনের ২৮ নং আইন).",
"567 Clause (b) was substituted by section 35 of the Finance Act, 2012 (Act No. XXVI of 2012) (with effect from 1st July, 2012).",
"568 The words “five percent” was substituted for the words “five percent” by section 48 of the Finance Act,2010(Act No.XXXIII of 2010).",
"569 The full-stop was substituted for the colon at the end and the proviso was omitted by section 19 of the Finance Act,2009(Act No.X of 2009)(with effect from 1st July 2008).",
"570 The words “fifteen percent” were substituted for the words “seven and half percent” by section 49 of the Finance Act,2010(Act No.XXXIII of 2010).",
"571 The word “ten” was substituted for the word “fifteen” by section 31 of অর্থ আইন, ২০১৯ (২০১৯ সনের ১০ নং আইন).",
"572 Section (52GGG) was omitted by section 39 of the Finance Act,2009(Act No.IX of 2009)(with effect from 1st July 2007).",
"573 Section 53H was substituted by section 30 of the Finance Act, 2014 (Act No. IV of 2014) (with effect from 1st July, 2014).",
"574 The semi-colon (;) was substituted for the full stop (.) at the end of clause (b) and thereafter the new clause (c) was added by section 23 of অর্থ আইন, ২০২১ (২০২১ সনের ১১ নং আইন)",
"575 The “Explanation” was omitted by section 39 of অর্থ আইন, ২০১৫ (২০১৫ সনের ১০ নং আইন) (with effect from 1st July 2015).",
"576 Section 53HH was substituted by section 29 of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022).",
"577 Section 53I was inserted by section 20 of the Finance Ordinance, 2008 (Ord. No. 33 of 2008).",
"578 First proviso was omitted by section 50 of the Finance Act,2010(Act No.XXXIII of 2010).",
"579 The word “further” was omitted by section 50 of the Finance Act,2010(Act No.XXXIII of 2010).",
"580 The words “water body or” were inserted after the words “rental value of” by section 30(a) of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022).",
"581 Section 53J was substituted by section 32 of অর্থ আইন, ২০১৯ (২০১৯ সনের ১০ নং আইন).",
"582 The words “water body not being government property” were inserted after the words “on accounting of renting” by section 30(b) of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022).",
"583 The words “or private radio station” were inserted after the words “private television channel” by section 38(a) of the Finance Act, 2012 (Act No. XXVI of 2012) (with effect from 1st July, 2012).",
"584 The comma and word “, etc.” were inserted after the words “private radio station” by section 32(a) of the Finance Act, 2014 (Act No. IV of 2014) (with effect from 1st July, 2014).",
"585 Section (53k) was inserted by section 20 of the Finance Act,2009(Act No.X of 2009)(with effect from 1st July 2008).",
"586 The words “or private radio station” were inserted after the words “private television channel” by section 38(b) of the Finance Act, 2012 (Act No. XXVI of 2012) (with effect from 1st July, 2012).",
"587 The words “private radio station or any web site on account of advertisement of purchasing airtime of private television channel or radio station or such web site” were substituted for the words “private radio station on account of advertisement of purchasing airtime of private television channel or radio station” by section 32(b) of the Finance Act, 2014 (Act No. IV of 2014) (with effect from 1st July, 2014).",
"588 The words “or any person on account of advertisement or” were substituted for the words “on account of advertisement of ” by section 41(a) of অর্থ আইন, ২০১৫ (২০১৫ সনের ১০ নং আইন) (with effect from 1st July 2015).",
"589 The words, figure, symbol and brackets “ four per cent (4%)” were substituted for the words “ three per cent ” by section 41(b) of অর্থ আইন, ২০১৫ (২০১৫ সনের ১০ নং আইন) (with effect from 1st July 2015).",
"590 Section 53L and 53M were inserted by section 51 of the Finance Act,2010(Act No.XXXIII of 2010).",
"591 Section 53L was omitted by section 24 of the Finance Act, 2013 (Act No. XXV of 2013) (with effect from 1st July, 2013).",
"592 Section 53N and 53O were inserted by section 33 of the Finance Act, 2014 (Act No. IV of 2014) (with effect from 1st July, 2014).",
"593 section 53O was omitted by section 42 of অর্থ আইন, ২০১৫ (২০১৫ সনের ১০ নং আইন) (with effect from 1st July 2015).",
"594 section 53P was inserted after the section 53O by section 43 of অর্থ আইন, ২০১৫ (২০১৫ সনের ১০ নং আইন) (with effect from 1st July 2015).",
"595 Section 53Q was inserted after section 53P by section 31 of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022).",
"596 Section 53R was inserted by section 31 of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022)",
"597 section 54 was substituted by section 44 of অর্থ আইন, ২০১৫ (২০১৫ সনের ১০ নং আইন) (with effect from 1st July 2015).",
"598 The colon (:) was substituted for the full-stop (.) and the proviso was added by section 20 of অর্থ আইন, ২০১৮ (২০১৮ সনের ২২ নং আইন) (With effect from 1st July 2018).",
"599 The words “being resident in Bangladesh” were omitted by section 33 of অর্থ আইন, ২০১৯ (২০১৯ সনের ১০ নং আইন).",
"600 The words “payable on the amount at the rate of twenty-five per cent” were substituted for the words, figure, brackets and letter “payable on the amount at the rates specified in paragraph 3(b) of the Second Schedule” by section 6 of অর্থ আইন, ১৯৯৪ (১৯৯৪ সনের ১১ নং আইন)",
"601 Section 56 was substituted by section 39 of অর্থ আইন, ২০১৬ (২০১৬ সনের ২৮ নং আইন).",
"602 The words “or Digital marketing” were added after the words “Advertisement making” by section 19 of অর্থ আইন, ২০১৭ (২০১৭ সনের ১৪ নং আইন) (With effect from 1st July 2017).",
"603 The words “not being the carrying services mentioned in sections 102 or 103A” were added after the words “Air transport or water transport” by section 21(a) of অর্থ আইন, ২০১৮ (২০১৮ সনের ২২ নং আইন) (With effect from 1st July 2018).",
"604 SL Nos. 20 and the entries mentioned opposite were substituted by section 39 (a) of অর্থ আইন, ২০২০ (২০২০ সনের ৯ নং আইন)।",
"605 SL. No 24 and 24A were substituted by section 34(a)(i) of অর্থ আইন, ২০১৯ (২০১৯ সনের ১০ নং আইন).",
"606 SL. No. 27 was substituted by section 32 of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022).",
"607 Proviso was inserted by section 34(a)(ii) of অর্থ আইন, ২০১৯ (২০১৯ সনের ১০ নং আইন).",
"608 Sub-sections (2) and (2A) were substituted for sub-section (2) by section 21(b) of অর্থ আইন, ২০১৮ (২০১৮ সনের ২২ নং আইন) (With effect from 1st July 2018).",
"609 The words “within thirty days from the date of receipt of such application accompanied by all the documents as required by the Board” were inserted after the words “may issue a certificate”by section 34(b) of অর্থ আইন, ২০১৯ (২০১৯ সনের ১০ নং আইন).",
"610 Sub-section (3) was substituted by section 39 (b) of অর্থ আইন, ২০২০ (২০২০ সনের ৯ নং আইন)।",
"611 Section 57 was substituted by section 33 of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022).",
"612 Section 57A was inserted by section 41 of অর্থ আইন, ২০১৬ (২০১৬ সনের ২৮ নং আইন).",
"613 Section 58 was substituted by section 42 of অর্থ আইন, ২০১৬ (২০১৬ সনের ২৮ নং আইন).",
"614 The words “the cases in which” were substituted for the word “that” by section 20 of অর্থ আইন, ২০১৭ (২০১৭ সনের ১৪ নং আইন) (With effect from 1st July 2017).",
"615 Sub-section (3) was inserted by section 22 of অর্থ আইন, ২০১৮ (২০১৮ সনের ২২ নং আইন) (With effect from 1st July 2018).",
"616 The words and commas “, along with the proof of payment of such tax to the account of the Government,” were inserted after the word “furnished” by section 43 of অর্থ আইন, ২০১৬ (২০১৬ সনের ২৮ নং আইন).",
"617 The third proviso was omitted by section 7 of অর্থ আইন, ১৯৯৩ (১৯৯৩ সনের ১৮ নং আইন)",
"618 Section 62A was omitted by section 39 of the Finance Act, 2011 (Act No. XII of 2011).",
"619 The words “four lakh taka” were substituted for the words “three lakh taka” by section 52 of the Finance Act,2010(Act No.XXXIII of 2010).",
"620 The word “six” was substituted for the word “four” by section 35 of অর্থ আইন, ২০১৯ (২০১৯ সনের ১০ নং আইন).",
"621 The words “excluding gain from transfer of share of a company listed with a stock exchange” was inserted after word and mark “Capital gains” by section 52 of the Finance Act,2010(Act No.XXXIII of 2010).",
"622 The words “The minimum amount of advance tax” were substituted for the words “The amount of advance tax” by section 21 of অর্থ আইন, ২০১৭ (২০১৭ সনের ১৪ নং আইন) (With effect from 1st July 2017).",
"623 The colon (:) was substituted for the full stop (.) and therafter the proviso was added by section of the Finance Ordinance, 1985 (Ordinance No. XXXII of 1985)",
"624 The words “four lakh taka” were substituted for the words “three lakh taka” by section 53 of the Finance Act,2010(Act No.XXXIII of 2010)(with effect from 1st July 2010).",
"625 The word “six” was substituted for the word “four” by section 40 of অর্থ আইন, ২০২০ (২০২০ সনের ৯ নং আইন)।",
"626 Sections 68A and 68B were inserted by section 44 of অর্থ আইন, ২০১৬ (২০১৬ সনের ২৮ নং আইন).",
"627 The Table was substituted by section 24(a) of অর্থ আইন, ২০২১ (২০২১ সনের ১১ নং আইন)",
"628 the new sub-sections (2A) and (2B) were added by section 24(b) of অর্থ আইন, ২০২১ (২০২১ সনের ১১ নং আইন)",
"629 Clause (a) was substituted by section 34 of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022).",
"630 The words “ten per cent” were substituted for the words “twelve per cent” by section 6 of অর্থ আইন, ১৯৯৪ (১৯৯৪ সনের ১১ নং আইন)",
"631 The words “first day of July of the year of assessment” were substituted for the words “first day of July of the year in which the advance tax was paid” by section 6 of অর্থ আইন, ১৯৯৮ (১৯৯৮ সনের ১৪ নং আইন)",
"632 The words “first day of July” were substituted for the words “first day of April” by section 5 of অর্থ আইন, ১৯৯৭ (১৯৯৭ সনের ১৫ নং আইন)",
"633 Sections 73 and 73A were substituted by section 45 of অর্থ আইন, ২০১৬ (২০১৬ সনের ২৮ নং আইন).",
"634 The words, figures and brackets “the acceptance of revised return or the assessment made as a result of the audit under section 82BB(7)” were substituted for the words, figures and brackets “an assessment under section 82BB(3)”",
"635 The words, figure and brackets “clause (a) of” were omitted by section 23(a) of অর্থ আইন, ২০১৭ (২০১৭ সনের ১৪ নং আইন) (With effect from 1st July 2017).",
"636 Clause (i) was substituted by section 23(b) of অর্থ আইন, ২০১৭ (২০১৭ সনের ১৪ নং আইন) (With effect from 1st July 2017).",
"637 Sub-section (1) was substituted by section 35 of the Finance Act, 2014 (Act No. IV of 2014) (with effect from 1st July, 2014).",
"638 The words and brackets “sub-section (4) of section 82C” were substituted for the words “section 16CCC” by section 46 of অর্থ আইন, ২০১৬ (২০১৬ সনের ২৮ নং আইন).",
"639 Sections 75, 75A and 75AA by section 47 of অর্থ আইন, ২০১৬ (২০১৬ সনের ২৮ নং আইন).",
"640 Sub-clause (ix) was added by section 24(a)(i) of অর্থ আইন, ২০১৭ (২০১৭ সনের ১৪ নং আইন) (With effect from 1st July 2017).",
"641 Sub-clause (x) and (xi) were inserted by section 36 of অর্থ আইন, ২০১৯ (২০১৯ সনের ১০ নং আইন).",
"642 The words “any law governing value added tax” were substituted for the words, comma, figures and brackets “মূল্য সংযোজন কর আইন, ১৯৯১ (১৯৯১ সনের ২২ নং আইন)” by section 24(a)(ii) of অর্থ আইন, ২০১৭ (২০১৭ সনের ১৪ নং আইন) (With effect from 1st July 2017).",
"643 The word “or” was inserted after the semi-colon “;” by section 42(a)(i) of অর্থ আইন, ২০২০ (২০২০ সনের ৯ নং আইন)।",
"644 Semi-colon and word (; or) were substituted for the colon (:) and thereafter item (x) was inserted by section 23 (a) of অর্থ আইন, ২০১৮ (২০১৮ সনের ২২ নং আইন) (With effect from 1st July 2018).",
"645 Sub-clauses (x) and (xi) were substituted by section 42(a)(ii) of অর্থ আইন, ২০২০ (২০২০ সনের ৯ নং আইন)।",
"646 Clause (f) was substituted by section 35(a) of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022).",
"647 Sub-section (2) was substituted by section 35(b) of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022).",
"648 The words “education or training on deputation or leave” were substituted for the words “education on deputation” by section 24(b) of অর্থ আইন, ২০১৭ (২০১৭ সনের ১৪ নং আইন) (With effect from 1st July 2017).",
"649 The words and commas “a Micro Credit Organisation having licence with Micro Credit Regulatory Authority, a private university, a private hospital, a clinic, a diagnostic centre, a firm or an association of persons” were inserted after the word “Bureau” by section 37 of অর্থ আইন, ২০১৯ (২০১৯ সনের ১০ নং আইন).",
"650 The words “a university” were substituted for the words “a private university” by section 43(a) of অর্থ আইন, ২০২০ (২০২০ সনের ৯ নং আইন)।",
"651 The symbols and words “an English medium school providing education following international curriculum, artificial juridical person, local authority,” were inserted after the words and symbol “a diagnostic centre,” by section 43(b) of অর্থ আইন, ২০২০ (২০২০ সনের ৯ নং আইন)।",
"652 The word, figure and brackets “clause (b)” were substituted for the word, figure and bracket “clause (c)” by section 25(a) of অর্থ আইন, ২০১৭ (২০১৭ সনের ১৪ নং আইন) (With effect from 1st July 2017).",
"653 The words “the cases in which the” were substituted for the words “that any” by section 25(b) of অর্থ আইন, ২০১৭ (২০১৭ সনের ১৪ নং আইন) (With effect from 1st July 2017).",
"654 The word “Commissioner” was substituted for the word “Board” by section 38 of অর্থ আইন, ২০১৯ (২০১৯ সনের ১০ নং আইন).",
"655 Section 75B was added after the section 75 by section 43 of the Finance Act, 2011 (Act No. XII of 2011) .",
"656 Section 75C was added after the section 75B by section 44 of the Finance Act, 2011 (Act No. XII of 2011).",
"657 Section 76 was omitted by section 48 of অর্থ আইন, ২০১৬ (২০১৬ সনের ২৮ নং আইন).",
"658 Sub-section (1) was substituted by section 62 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন)",
"659 The words “twenty-one days” were substituted for the words “thirty days” by section 8 of অর্থ আইন, ১৯৯২ (১৯৯২ সনের ২১ নং আইন)",
"660 Section 79 was substituted by section 26 of অর্থ আইন, ২০১৭ (২০১৭ সনের ১৪ নং আইন) (With effect from 1st July 2017).",
"661 section 80 was substituted by section 25 of অর্থ আইন, ২০২১ (২০২১ সনের ১১ নং আইন)",
"662 The words “local and global” were inserted after the words “in respect of all” by section 36 of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022).",
"663 Section (82) was substituted by section 26 of the Finance Act,2009(Act No.X of 2009)(with effect from 1st July 2008).",
"664 The word, figure and brackets “sub-section (5)” were substituted for the words, figures and brackets “clause (c) of sub-section (2)” by section 28 of অর্থ আইন, ২০১৭ (২০১৭ সনের ১৪ নং আইন) (With effect from 1st July 2017).",
"665 The word “and” was omitted by section 37(a) of the Finance Act, 2014 (Act No. IV of 2014) (with effect from 1st July, 2014).",
"666 The semi-colon and word “; and” were substituted for the full-stop “.” and thereafter clause (d) was added by section 37(b) of the Finance Act, 2014 (Act No. IV of 2014) (with effect from 1st July, 2014).",
"667 Sections 82A and 82B were inserted by section 6 of অর্থ আইন, ১৯৯৫ (১৯৯৫ সনের ১২ নং আইন)",
"668 The words and comma “on the basis of such assessment, and communicate the assessment order to the assessee within thirty days next following” were substituted for the words “on the basis of such assessment” by section 4 of অর্থ আইন, ১৯৯৬ (১৯৯৬ সনের ১৮ নং আইন)",
"669 The word “and” was omitted by section 38(a) of the Finance Act, 2014 (Act No. IV of 2014) (with effect from 1st July, 2014).",
"670 Clause (b) was substituted by section 4 of অর্থ আইন, ১৯৯৬ (১৯৯৬ সনের ১৮ নং আইন)",
"671 The words, figures and brackets “clause (c) of sub-section (3) of section 75” were substituted for the word, figures and brackets “section 75 (2) (d)” by section 29 of অর্থ আইন, ২০১৭ (২০১৭ সনের ১৪ নং আইন) (With effect from 1st July 2017).",
"672 The semi-colon and word “; and” were substituted for the full-stop “.” and thereafter clause (c) was added by section 38(b) of the Finance Act, 2014 (Act No. IV of 2014) (with effect from 1st July, 2014).",
"673 Section (82B) was omitted by section 27 of the Finance Act,2009(Act No.X of 2009)(with effect from 1st July 2008).",
"674 Section 82BB was substituted by section 30 of অর্থ আইন, ২০১৭ (২০১৭ সনের ১৪ নং আইন) (With effect from 1st July 2017).",
"675 The word “ninety” was substituted for the word “sixty” by section 24(a)(i) of অর্থ আইন, ২০১৮ (২০১৮ সনের ২২ নং আইন) (With effect from 1st July 2018).",
"676 The word “nine” was substituted for the word “six” by section 24(a)(ii) of অর্থ আইন, ২০১৮ (২০১৮ সনের ২২ নং আইন) (With effect from 1st July 2018).",
"677 The words “except the return of income of a financial institution” were inserted after the words “amended return” by section 39 of অর্থ আইন, ২০১৯ (২০১৯ সনের ১০ নং আইন).",
"678 The semi-colon and word (; and) were substituted for the full-stop (.) and thereafter clause (c) was added by section 24 (b) of অর্থ আইন, ২০১৮ (২০১৮ সনের ২২ নং আইন) (With effect from 1st July 2018).",
"679 Section 82C was substituted by section 51 of অর্থ আইন, ২০১৬ (২০১৬ সনের ২৮ নং আইন).",
"680 The letters, words, symbols, numbers and brackets “SL. No. 1, 2 and 13A of the Table of sub-section (1) of section 52AA” were substituted for the letters, words, symbols, numbers and brackets “SL No. 1 of the Table of sub-section (1) of section 52AA” by section 45(a)(i) of অর্থ আইন, ২০২০ (২০২০ সনের ৯ নং আইন)।",
"681 The number “14” was inserted for the number and letter “13A” by section 37(a)(i) of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022).",
"682 The number, letter and comma “52Q” were inserted after the number, letter and comma “ 52O,” by section 37(a)(ii) of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022).",
"683 The number, letter and comma “53BBBB,” were omitted by section 37(a)(iii) of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022).",
"684 The comma and figure “, 53E” were inserted after the figure “53DDD” by section 31(a)(i) of অর্থ আইন, ২০১৭ (২০১৭ সনের ১৪ নং আইন) (With effect from 1st July 2017).",
"685 The comma, number and letters “, 53P” were inserted after the number and letter “53N” by section 40(a)(ii) of অর্থ আইন, ২০১৯ (২০১৯ সনের ১০ নং আইন).",
"686 The number, letter and comma “, 53Q, 53R” were inserted after the number and letter “ 53P” by section 37(a)(iv) of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022).",
"687 The commas and words “,except an industrial undertaking engaged in producing cement, iron or iron products,” were inserted after the words “industrial undertaking” by section 40(a)(iii) of অর্থ আইন, ২০১৯ (২০১৯ সনের ১০ নং আইন).",
"688 The words and comma “ferro alloy products,” were inserted after the words and symbol “iron products,” by section 45(a)(ii) of অর্থ আইন, ২০২০ (২০২০ সনের ৯ নং আইন)।",
"689 The Words and comma “perfumes and toilet waters,” were inserted for the words and comma “ferro alloy products,” by section 26(a) of অর্থ আইন, ২০২১ (২০২১ সনের ১১ নং আইন)",
"690 The words and comma “beverage concentrate,” were inserted after the words and comma “toilet waters,” by section 37(a)(v) of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022).",
"691 The words “applicable rate” were substituted for the words “regular rate” by section 31(a)(ii) of অর্থ আইন, ২০১৭ (২০১৭ সনের ১৪ নং আইন) (With effect from 1st July 2017).",
"692 The words, letter, number and symbol “ Serial No. 3 and 4 of the Table of section 53F(1)” were substituted for the words, letter, number and symbol “ section 53F(1)(c) and (2)” by section 37(b) of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022).",
"693 The words “less cost of acquisition” were inserted after the numbers “53H” by section 40(b)(i) of অর্থ আইন, ২০১৯ (২০১৯ সনের ১০ নং আইন).",
"694 Serial No. 6 and entries were inserted by section 40(b)(ii) of অর্থ আইন, ২০১৯ (২০১৯ সনের ১০ নং আইন).",
"695 The initial part of sub-section (4) and clause (a) were substituted by section 45(b) of অর্থ আইন, ২০২০ (২০২০ সনের ৯ নং আইন)।",
"696 The figures and symbol “0.25%” were substituted for the the figures and symbol “0.50%” by section 26(b) of অর্থ আইন, ২০২১ (২০২১ সনের ১১ নং আইন)",
"697 The words “regular tax rate” were substituted for the words “regular rate” by section 31(b) of অর্থ আইন, ২০১৭ (২০১৭ সনের ১৪ নং আইন) (With effect from 1st July 2017).",
"698 Sub-section (8A) was inserted by section 25 of অর্থ আইন, ২০১৮ (২০১৮ সনের ২২ নং আইন) (With effect from 1st July 2018).",
"699 Section 82D was substituted by section 38 of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022).",
"700 Section (83A) was omitted by section 29 of the Finance Act,2009(Act No.X of 2009)(with effect from 1st July 2008).",
"701 Section (83AA) was omitted by section 29 of the Finance Act,2009(Act No.X of 2009)(with effect from 1st July 2008).",
"702 Section 83 was substituted by section 6 of অর্থ আইন, ১৯৯৮ (১৯৯৮ সনের ১৪ নং আইন)",
"703 Section 83AAA was inserted by section 73 of অর্থ আইন, ২০০০ (২০০০ সনের ১৫ নং আইন)",
"704 Section 84 was substituted by section 55 of অর্থ আইন, ২০০২ (২০০২ সনের ১৪ নং আইন)",
"705 The Semi-colon, words and commas “; and in the case of firm, may refuse to register it or may cancel its registration if it is already registered,” were omitted by section 49 of অর্থ আইন, ২০১৫ (২০১৫ সনের ১০ নং আইন) (with effect from 1st July 2015).",
"706 Clause (a) was omitted by section 6 of অর্থ আইন, ১৯৯৫ (১৯৯৫ সনের ১২ নং আইন)",
"707 The words “a firm” were substituted for the words “an unregistered firm” by section 6 of অর্থ আইন, ১৯৯৫ (১৯৯৫ সনের ১২ নং আইন)",
"708 The word “income” was substituted for the word “tax” by section 6 of অর্থ আইন, ১৯৯৫ (১৯৯৫ সনের ১২ নং আইন)",
"709 Section 93 was substituted by section 32 of অর্থ আইন, ২০১৭ (২০১৭ সনের ১৪ নং আইন) (With effect from 1st July 2017)",
"710 The word “six” was substituted for the word “five” by section 41(a)(i) of অর্থ আইন, ২০১৯ (২০১৯ সনের ১০ নং আইন).",
"711 First proviso was omitted by section 41(a)(ii) of অর্থ আইন, ২০১৯ (২০১৯ সনের ১০ নং আইন).",
"712 The word “further” was omitted by section 41(a)(ii) of অর্থ আইন, ২০১৯ (২০১৯ সনের ১০ নং আইন).",
"713 Sub-sections (1) and (2) were substituted for the sub-sections (1), (1A), (1B) and (2) by section 33 of অর্থ আইন, ২০১৭ (২০১৭ সনের ১৪ নং আইন) (With effect from 1st July 2017).",
"714 The figure, letter and comma “152E,” were omitted by section 56 of অর্থ আইন, ২০০২ (২০০২ সনের ১৪ নং আইন)",
"715 The words and comma “or an agreement reached under section 152O, shall be made within thirty days from the date on which the order or the agreement” were substituted for the words “ shall be made within thrity days from the date on which the order” by section 39 of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022).",
"716 The words “and communicate such revised order to the assessee within thirty days next following” were inserted by section 7 of অর্থ আইন, ১৯৯৩ (১৯৯৩ সনের ১৮ নং আইন)",
"717 The colon (:) was substituted for the full-stop (.) and thereafter the proviso was added by section 33 of অর্থ আইন, ২০০৪ (২০০৪ সনের ১৬ নং আইন)",
"718 The word “sixty” was substituted for the words “forty five” by section 26 of অর্থ আইন, ২০১৮ (২০১৮ সনের ২২ নং আইন) (With effect from 1st July 2018).",
"719 The words, figures and commas “sections 120, 121A, 156, 159, 161 or 162” were substituted for the words, figures and commas “sections 120, 156, 159,161 or 162” by section 33 of the Finance Act,2009(Act No.XXXVI of 2009)(with effect from 1st July 2009).",
"720 The words, figures and commas “sections 120, 121A, 156, 159, 161 or 162” were substituted for the words, figures and commas “sections 120, 156, 159,161 or 162” by section 33 of the Finance Act,2009(Act No.XXXVI of 2009)(with effect from 1st July 2009).",
"721 Sub-section (4) was added by section 56 of অর্থ আইন, ২০০২ (২০০২ সনের ১৪ নং আইন)",
"722 Section 94B was added after section 94A by section 40 of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022).",
"723 The words “or has discontinued business for three successive years” were inserted after the words “company is wound up” by section 41 of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022).",
"724 The words, commas, brackets and figures “the Companies Act, 1913 (VII of 1913) or কোম্পানী আইন, ১৯৯৪ (১৯৯৪ সনের ১৮ নং আইন)” were substituted for the words, comma, brackets and figures “the Companies Act, 1913 (VII of 1913)” by section 6 of অর্থ আইন, ১৯৯৯ (১৯৯৯ সনের ১৬ নং আইন)",
"725 Section 102 was substituted by section 12 of অর্থ আইন, ১৯৮৯ (১৯৮৯ সনের ৩৬ নং আইন)",
"726 The words “shipped at any port” were substituted for the words “at any port” by section 27 of অর্থ আইন, ২০১৮ (২০১৮ সনের ২২ নং আইন) (With effect from 1st July 2018).",
"727 The colon (:) was substituted for the full-stop (.) and the proviso was added by section 34 (a) of অর্থ আইন, ২০১৭ (২০১৭ সনের ১৪ নং আইন) (With effect from 1st July 2017).",
"728 The words “Commissioner of Customs” were substituted for the words “Collector of Customs” by section 6 of অর্থ আইন, ১৯৯৯ (১৯৯৯ সনের ১৬ নং আইন)",
"729 Sub-section (8) was added by section 34 (b) of অর্থ আইন, ২০১৭ (২০১৭ সনের ১৪ নং আইন) (With effect from 1st July 2017).",
"730 Section 103A was inserted by section of অর্থ আইন, ১৯৮৯ (১৯৮৯ সনের ৩৬ নং আইন)",
"731 The words, commas, figures and brackets “the Gift-tax Act, 1963 (XIV of 1963) or দান কর আইন, ১৯৯০ (১৯৯০ সনের ৪৪ নং আইন)\" were substituted for the words, comma, figures and brackets “the Gift-tax Act, 1963 (XIV of 1963)” by section 6 of অর্থ আইন, ১৯৯৯ (১৯৯৯ সনের ১৬ নং আইন)",
"732 “CHAPTER XIA” was inserted by section 45 of the Finance Act, 2012 (Act No. XXVI of 2012) (with effect from 1st July, 2012).",
"733 The words “irrespective of whether such other person is a non-resident or not” were inserted after the words “with a person” by section 42 of অর্থ আইন, ২০১৯ (২০১৯ সনের ১০ নং আইন).",
"734 Clause (6) was omitted by section 28 of অর্থ আইন, ২০১৮ (২০১৮ সনের ২২ নং আইন) (With effect from 1st July 2018).",
"735 Sub-section (1A) was inserted by section 43 of অর্থ আইন, ২০১৯ (২০১৯ সনের ১০ নং আইন).",
"736 The words and comma “and in computing the income of a person that is exempted from tax or is subject to a reduced rate of tax, the adjustment made in conformity with the arm’s length price so determined by the Transfer Pricing Officer shall be treated as income of such person and tax shall be payable on such income at the regular rate” were added after the word “Officer” by section 44 of অর্থ আইন, ২০১৯ (২০১৯ সনের ১০ নং আইন).",
"737 Section 107EE was inserted by section 42 of the Finance Act, 2014 (Act No. IV of 2014) (with effect from 1st July, 2014).",
"738 Section 107F was substituted by section 50 of অর্থ আইন, ২০১৫ (২০১৫ সনের ১০ নং আইন) (with effect from 1st July 2015).",
"739 Section 107HH was inserted by section 51 of অর্থ আইন, ২০১৫ (২০১৫ সনের ১০ নং আইন) (with effect from 1st July 2015).",
"740 The words “from a Chartered Accountant” were omitted by section 52 of অর্থ আইন, ২০১৬ (২০১৬ সনের ২৮ নং আইন).",
"741 Section 108A was inserted by section 29 of অর্থ আইন, ২০১৮ (২০১৮ সনের ২২ নং আইন) (With effect from 1st July 2018).",
"742 The words “fifteen thousand taka” were substituted for the words “five thousand taka” by section 10 of the Finance Ordinance, 1986 (Ordinance No. XLV of 1986)",
"743 Chapter XIIIA and section 111A were added after omitted section 111 by section 42 of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022).",
"744 Chapter XIIIA and section 111A were added after omitted section 111 by section 42 of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022).",
"745 The words and commas “the Commissioner, the Director General, Central Intelligence Cell,” were substituted for the words “ the Commissioner” by section 34 of অর্থ আইন, ২০০৪ (২০০৪ সনের ১৬ নং আইন)",
"746 The words, symbols and bracket “Directors-General of Inspection (Taxes),” were inserted for the words words and symbols “Central Intelligence Cell,” by section 26(b) of অর্থ আইন, ২০২১ (২০২১ সনের ১১ নং আইন)",
"747 Commas and words “, the Director General, Central Intelligence Cell, and by any other officer, without the approval of the board” were omitted by section 45 of the Finance Act,2009(Act No.IX of 2009)(with effect from 1st July 2007).",
"748 Section 113A was inserted by section 30 of অর্থ আইন, ২০১৮ (২০১৮ সনের ২২ নং আইন) (With effect from 1st July 2018).",
"749 The words and comma “Senior Commissioner, the” were omitted by section 6 of অর্থ আইন, ১৯৯৫ (১৯৯৫ সনের ১২ নং আইন)",
"750 The words “Directors-General of Inspection” were substituted for the words “Director of Inspection” by section 7 of অর্থ আইন, ১৯৯৩ (১৯৯৩ সনের ১৮ নং আইন)",
"751 The words and commas “the Commissioner, the Director General, Central Intelligence Cell,” were substituted for the words “the Commissioner” by section 35 of অর্থ আইন, ২০০৪ (২০০৪ সনের ১৬ নং আইন)",
"752 The words , numbers, bracket and commas “require any such person or any other person in relation to such enquiry to appear before him at the time and place as directed for providing any information or to produce or cause to be produced necessary documents, accounts or records including any electronic records and systems referred to in the Explanation of sub-section (2) of section 117 under the possession or control of such person or such other person” were substituted for the words and comma “require any such person to produce, or cause to be produced, any accounts or documents which they may consider necessary” by section 27 of the Finance Act, 2013 (Act No. XXV of 2013) (with effect from 1st July, 2013).",
"753 The words and comma “the Senior Commissioner,” were omitted by section 6 of অর্থ আইন, ১৯৯৫ (১৯৯৫ সনের ১২ নং আইন)",
"754 The words “Directors-General of Inspection” were substituted for the words “Director of Inspection” by section 7 of অর্থ আইন, ১৯৯৩ (১৯৯৩ সনের ১৮ নং আইন)",
"755 The words and commas “the Commissioner, the Director General, Central Intelligence Cell,” were substituted for the words “the Commissioner” by section 35 of অর্থ আইন, ২০০৪ (২০০৪ সনের ১৬ নং আইন)",
"756 The words and commas “the Commissioner, the Director General, Central Intelligence Cell,” were substituted for the words “the Commissioner” by section 35 of অর্থ আইন, ২০০৪ (২০০৪ সনের ১৬ নং আইন)",
"757 The words “Senior Commissioner or” were omitted by section 6 of অর্থ আইন, ১৯৯৫ (১৯৯৫ সনের ১২ নং আইন)",
"758 Section 116A was inserted by section 28 of the Finance Act, 2013 (Act No. XXV of 2013) (with effect from 1st July, 2013).",
"759 The words “the Senior Commissioner or” were omitted by section 6 of অর্থ আইন, ১৯৯৫ (১৯৯৫ সনের ১২ নং আইন)",
"760 The words “Directors-General of Inspection” were substituted for the words “Director of Inspection” by section 7 of অর্থ আইন, ১৯৯৩ (১৯৯৩ সনের ১৮ নং আইন)",
"761 The words and commas “the Commissioner, the Director General, Central Intelligence Cell,” were substituted for the words “the Commissioner” by section 36 of অর্থ আইন, ২০০৪ (২০০৪ সনের ১৬ নং আইন)",
"762 The words and comma “or electronic records and systems,” were inserted by section 59 of the Finance Act,2010(Act No.XXXIII of 2010).",
"763 The words and comma “or electronic records and systems,” were inserted by section 59 of the Finance Act,2010(Act No.XXXIII of 2010).",
"764 The words “Assistant Commissioner of Taxes” were substituted for the words “Deputy Commissioner of Taxes” by section 46(a) of the Finance Act, 2012 (Act No. XXVI of 2012) (with effect from 1st July, 2012).",
"765 The words and comma “electronic records and systems,” were inserted by section 59 of the Finance Act,2010(Act No.XXXIII of 2010).",
"766 The words and comma “electronic records and systems,” were inserted by section 59 of the Finance Act,2010(Act No.XXXIII of 2010).",
"767 The words and comma “electronic records and systems,” were inserted by section 59 of the Finance Act,2010(Act No.XXXIII of 2010).",
"768 The semi-colon (;) was substituted for the full stop (.) at the end of clause (f) and thereafter new clause (g) was added by section 47(a) of the Finance Act, 2011 (Act No. XII of 2011) .",
"769 “Explanation” was inserted after the sub-section (2) by section 46(b) of the Finance Act, 2012 (Act No. XXVI of 2012) (with effect from 1st July, 2012).",
"770 The words \"or any professional expert from outside the government\" were inserted after the words \"government\" by section 47 (b) of the Finance Act, 2011 (Act No. XII of 2011) .",
"771 The words \"or professional expert\" were inserted after the words \"every such officer\" by section 47 (b) of the Finance Act, 2011 (Act No. XII of 2011) .",
"772 The words and comma “electronic records and systems,” were inserted by section 59 of the Finance Act,2010(Act No.XXXIII of 2010).",
"773 Colon(:) was substituted for the full-stop at the end of sub-section(4) and thereafter proviso was added by section 46 of the Finance Act,2009(Act No.IX of 2009)(with effect from 1st July 2007).",
"774 The words and comma “electronic records and systems,” were inserted by section 59 of the Finance Act,2010(Act No.XXXIII of 2010).",
"775 The words and comma “electronic records and systems,” were inserted by section 59 of the Finance Act,2010(Act No.XXXIII of 2010).",
"776 The words and comma “electronic records and systems,” were inserted by section 59 of the Finance Act,2010(Act No.XXXIII of 2010).",
"777 The words and commas “the books of accounts, documents, electronic records and systems” were substituted for the words “the books of accounts and documents” by section 59 of the Finance Act,2010(Act No.XXXIII of 2010).",
"778 The words and comma “or electronic records and systems” were inserted by section 59 of the Finance Act,2010(Act No.XXXIII of 2010).",
"779 The words and comma “or electronic records and systems” were inserted by section 59 of the Finance Act,2010(Act No.XXXIII of 2010).",
"780 The words “the Senior Commissioner or” were omitted by section 6 of অর্থ আইন, ১৯৯৫ (১৯৯৫ সনের ১২ নং আইন)",
"781 The words “the Senior Commissioner or” were omitted by section 6 of অর্থ আইন, ১৯৯৫ (১৯৯৫ সনের ১২ নং আইন)",
"782 The words and comma “electronic records and systems,” were inserted by section 59 of the Finance Act,2010(Act No.XXXIII of 2010).",
"783 The words and comma “or electronic records and systems” were inserted by section 59 of the Finance Act,2010(Act No.XXXIII of 2010).",
"784 The words and comma “or electronic records and systems” were inserted by section 59 of the Finance Act,2010(Act No.XXXIII of 2010).",
"785 Section 117A was substituted by section 43 of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022)",
"786 The words “the Senior Commissioner or” were omitted by section 6 of অর্থ আইন, ১৯৯৫ (১৯৯৫ সনের ১২ নং আইন)",
"787 The words “Directors-General of Inspection” were substituted for the words “Director of Inspection” by section 7 of অর্থ আইন, ১৯৯৩ (১৯৯৩ সনের ১৮ নং আইন)",
"788 Section 120 was substituted by section 35 of অর্থ আইন, ২০১৭ (২০১৭ সনের ১৪ নং আইন) (With effect from 1st July 2017).",
"789 Section 121 was omitted by section 47 of the Finance Act,2009(Act No.IX of 2009)(with effect from 1st July 2007).",
"790 Section 121A was added by section 34 of the Finance Act,2009(Act No.XXXVI of 2009)(with effect from 1st July 2009).",
"791 The words and commas “the Director General, Central Intelligence Cell,” were inserted after the words and commas “the Commissioner,” by section 60 of the Finance Act,2010(Act No.XXXIII of 2010).",
"792 Section 123 was substituted by section 44 of the Finance Act, 2014 (Act No. IV of 2014) (with effect from 1st July, 2014).",
"793 The word “may” was substituted for the word “shall” by section 31 of অর্থ আইন, ২০১৮ (২০১৮ সনের ২২ নং আইন) (With effect from 1st July 2018).",
"794 Section 124 was substituted by section 37 of অর্থ আইন, ২০০৪ (২০০৪ সনের ১৬ নং আইন)",
"795 The words, letters and commas “under sections 75, 77, 89, 91 or 93” were substituted for the words, letters, commas and brackets “under sections 75, 77, 89(2), 91(3), 93(1) and or withholding tax required under section 75A” by section 32(a) of অর্থ আইন, ২০১৮ (২০১৮ সনের ২২ নং আইন) (With effect from 1st July 2018).",
"796 The words “taka one thousand” were substituted for the words “taka two thousand five hundred” by section 48 of the Finance Act,2009(Act No.IX of 2009)(with effect from 1st July 2007).",
"797 The words “taka fifty” were substituted for the words “taka two hundred and fifty” by section 48 of the Finance Act,2009(Act No.IX of 2009)(with effect from 1st July 2007).",
"798 The colon (:) was substituted for the full-stop (.) at the end and thereafter proviso was inserted by section 52 of অর্থ আইন, ২০১৫ (২০১৫ সনের ১০ নং আইন) (with effect from 1st July 2015).",
"799 Sub-sections (2) and (3) were substituted for sub-section (2) and proviso by section 32(b) of অর্থ আইন, ২০১৮ (২০১৮ সনের ২২ নং আইন) (With effect from 1st July 2018).",
"800 Sub-section (2) was substituted by section 44 of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022).",
"801 Section 124A was inserted by section 61 of the Finance Act,2010(Act No.XXXIII of 2010).",
"802 Section 124AA was omitted by section 45 of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022)",
"803 The words, figures and brackets “under sub-section (1) or (2) of section 83” were substituted for the figure “83” by section 7 of অর্থ আইন, ১৯৯১ (১৯৯১ সনের ২১ নং আইন)",
"804 The words and comma “or the tax paid by him under that section is less than eighty per cent of the amount payable thereunder,” were omitted by section 54 of অর্থ আইন, ২০১৫ (২০১৫ সনের ১০ নং আইন) (with effect from 1st July 2015).",
"805 The comma words and brackets “, the Commissioner (Appeals)” were inserted by section 8 of অর্থ আইন, ১৯৯০ (১৯৯০ সনের ৪৫ নং আইন)",
"806 The words “he or it shall impose upon such person a penalty of ten percent” were substituted for the words “he or it may impose upon such person a penalty of a sum not exceeding two and a half times the amount” by section 32 of the Finance Act,2009(Act No.X of 2009)(with effect from 1st July 2008).",
"807 The words “fifteen per cent” were substituted for the words “ten percent” by section 45 of the Finance Act, 2014 (Act No. IV of 2014) (with effect from 1st July, 2014).",
"808 The colon (:) was substituted for the full stop (.) and thereafter the proviso was added by section 6 of অর্থ আইন, ১৯৯৯ (১৯৯৯ সনের ১৬ নং আইন)",
"809 Proviso was substituted by section 32 of the Finance Act,2009(Act No.X of 2009)(with effect from 1st July 2008).",
"810 The words “fifteen per cent” were substituted for the words “ten percent” by section 45 of the Finance Act, 2014 (Act No. IV of 2014) (with effect from 1st July, 2014).",
"811 Section 129A was inserted by section 46 of the Finance Act, 2014 (Act No. IV of 2014) (with effect from 1st July, 2014).",
"812 Clause (a) was substituted by section 54 of অর্থ আইন, ২০১৬ (২০১৬ সনের ২৮ নং আইন).",
"813 The new section 129B was inserted after the section 129A by section 55 of অর্থ আইন, ২০১৫ (২০১৫ সনের ১০ নং আইন) (with effect from 1st July 2015).",
"814 The words and figure “or Chapter XIA” were inserted after the words “under this Chapter” by section 56 of অর্থ আইন, ২০১৫ (২০১৫ সনের ১০ নং আইন) (with effect from 1st July 2015).",
"815 The full stop (.) was substituted for the colon (:) and the proviso was omitted by section 6 of অর্থ আইন, ১৯৯৯ (১৯৯৯ সনের ১৬ নং আইন)",
"816 Section 132 was substituted by section 33 of অর্থ আইন, ২০১৮ (২০১৮ সনের ২২ নং আইন) (With effect from 1st July 2018).",
"817 Section 133A was inserted by section 37 of অর্থ আইন, ২০১৭ (২০১৭ সনের ১৪ নং আইন) (With effect from 1st July 2017).",
"818 The words and commas “, delay interest, additional amount,” were inserted after the word “interest” by section 55 of অর্থ আইন, ২০১৬ (২০১৬ সনের ২৮ নং আইন).",
"819 Sub-section (1A) was inserted by section 74 of অর্থ আইন, ২০০০ (২০০০ সনের ১৫ নং আইন)",
"820 The words, numbers and comma “except an order passed under section 83A and section 83AA in pursuance of this Ordinance,” were omitted by section 33 of the Finance Act,2009(Act No.X of 2009)(with effect from 1st July 2008).",
"821 Sub-sections (1B) and (1C) were inserted by section 59 of অর্থ আইন, ২০০২ (২০০২ সনের ১৪ নং আইন)",
"822 The words “the Deputy Commissioner of Taxes shall” were substituted for the words “the Deputy Commissioner of Taxes may in his discretion” by section 6 of অর্থ আইন, ১৯৯৫ (১৯৯৫ সনের ১২ নং আইন)",
"823 Sub-section (2) was substituted by section 34 of the Finance Act,2009(Act No.X of 2009)(with effect from 1st July 2008).",
"824 Section 142A was inserted by section 7 of অর্থ আইন, ১৯৯৩ (১৯৯৩ সনের ১৮ নং আইন)",
"825 The words and commas “in whose territorial jurisdiction the office of the Deputy Commissioner of Taxes is situate, or the assessee resides, or owns property or carries on business or profession,” were omitted by section 6 of অর্থ আইন, ১৯৯৯ (১৯৯৯ সনের ১৬ নং আইন)",
"826 The words, brackets and figures “in sub-section (1A) or (2)” were substituted for the words, brackets and figure “in sub-section (2)” by section 6 of অর্থ আইন, ১৯৯৯ (১৯৯৯ সনের ১৬ নং আইন)",
"827 Sub-section (1A) was inserted by section 6 of অর্থ আইন, ১৯৯৯ (১৯৯৯ সনের ১৬ নং আইন)",
"828 Clause (a) was substituted by section 34 of অর্থ আইন, ২০১৮ (২০১৮ সনের ২২ নং আইন) (With effect from 1st July 2018).",
"829 The semi-colon (;) was substituted for the full-stop (.) at the end of clause (b) by section 46 of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022).",
"830 The clause (c) was added by section 46 of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022).",
"831 The words and commas “refund the amount, unless set off against tax or treated as payment of tax as per provisions of section 152,” were substituted for the words and commas “except as otherwise provided in this Ordinance, refund the amount” by section 6 of অর্থ আইন, ১৯৯৫ (১৯৯৫ সনের ১২ নং আইন)",
"832 The words and comma “the assessee, within thirty days from the date on which the refund has become due” were substituted for the words “the assessee” by section 8 of অর্থ আইন, ১৯৯২ (১৯৯২ সনের ২১ নং আইন)",
"833 The words “within sixty days” were substituted for the words “within thirty days” by section 4 of অর্থ আইন, ১৯৯৬ (১৯৯৬ সনের ১৮ নং আইন)",
"834 The words and figures “under sections 146 and 147” were substituted for the words and commas “under this Chapter” by section 5 of অর্থ আইন, ১৯৯৭ (১৯৯৭ সনের ১৫ নং আইন)",
"835 The words “relevant assessment order or” were omitted by section 6 of অর্থ আইন, ১৯৯৫ (১৯৯৫ সনের ১২ নং আইন)",
"836 The words “claim for refund or refund becoming due consequent upon any order passed in appeal or other proceeding under this Ordinance” were substituted for the words “claim for refund” by section 4 of অর্থ আইন, ১৯৯৬ (১৯৯৬ সনের ১৮ নং আইন)",
"837 The words “seven and a half per cent” were substituted for the words “ten per cent” by section 6 of অর্থ আইন, ১৯৯৫ (১৯৯৫ সনের ১২ নং আইন)",
"838 The words and commas “or treated, at the option in writing of that person, as payment of tax payable under section 64 or section 74 thereof” were inserted by section 8 of অর্থ আইন, ১৯৯২ (১৯৯২ সনের ২১ নং আইন)",
"839 \"CHAPTER XVIIIB\" was added by section 49 of the Finance Act, 2011 (Act No. XII of 2011) .",
"840 Section 152II was inserted by section 47 of the Finance Act, 2012 (Act No. XXVI of 2012) (with effect from 1st July, 2012).",
"841 The semi-colon (;) was substituted for the full-stop (.) at the end of clause (b) by section 46 of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022).",
"842 The proviso was inserted by section 47 of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022).",
"843 The comma and word “, tribunal” were inserted after the words “concerned income tax authority ” by section 58 of অর্থ আইন, ২০১৫ (২০১৫ সনের ১০ নং আইন) (with effect from 1st July 2015).",
"844 Sub-section (5A) was inserted by section 38 of অর্থ আইন, ২০১৭ (২০১৭ সনের ১৪ নং আইন) (With effect from 1st July 2017).",
"845 Section 152J was substituted by section 56 of অর্থ আইন, ২০১৬ (২০১৬ সনের ২৮ নং আইন).",
"846 The word and comma “fees,” was inserted after the words “Facilitator and determine his” by section 48 of the Finance Act, 2012 (Act No. XXVI of 2012) (with effect from 1st July, 2012).",
"847 The words “five working days” were substituted for the words “fifteen days” by section 49 of the Finance Act, 2012 (Act No. XXVI of 2012) (with effect from 1st July, 2012).",
"848 The words “three months” were substituted for the words “two months” by section 29 of অর্থ আইন, ২০২১ (২০২১ সনের ১১ নং আইন)",
"849 Explanation was inserted by section 39 of অর্থ আইন, ২০১৭ (২০১৭ সনের ১৪ নং আইন) (With effect from 1st July 2017).",
"850 Section 153 was substituted by section 35 of অর্থ আইন, ২০১৮ (২০১৮ সনের ২২ নং আইন) (With effect from 1st July 2018).",
"851 The words “two hundred taka” were substituted for the words “one hundred taka” by section 7 of অর্থ আইন, ১৯৯৩ (১৯৯৩ সনের ১৮ নং আইন)",
"852 Sub-section (1A) was inserted by section 58 of অর্থ আইন, ২০১৬ (২০১৬ সনের ২৮ নং আইন).",
"853 The words “the cases in which the appeal” were substituted for the words “that any appeal of any assessee or any class of assessee” by section 41 of অর্থ আইন, ২০১৭ (২০১৭ সনের ১৪ নং আইন) (With effect from 1st July 2017).",
"854 The words “forty five days” were substituted for the words “sixty days” by section 25 of অর্থ আইন, ২০০৬ (২০০৬ সনের ২২ নং আইন)",
"855 The words commas and brackets “or the Commission (Appeals), as the case may be,” were inserted by section 8 of অর্থ আইন, ১৯৯০ (১৯৯০ সনের ৪৫ নং আইন)",
"856 The words and brackets “or the Commissioner (Appeals)” were inserted by section 8 of অর্থ আইন, ১৯৯০ (১৯৯০ সনের ৪৫ নং আইন)",
"857 The words and brackets “or the Commissioner (Appeals)” were inserted by section 8 of অর্থ আইন, ১৯৯০ (১৯৯০ সনের ৪৫ নং আইন)",
"858 The words and brackets “or the Commissioner (Appeals)” were inserted by section 8 of অর্থ আইন, ১৯৯০ (১৯৯০ সনের ৪৫ নং আইন)",
"859 The words and brackets “or the Commissioner (Appeals)” were inserted by section 8 of অর্থ আইন, ১৯৯০ (১৯৯০ সনের ৪৫ নং আইন)",
"860 The words and brackets “or the Commissioner (Appeals)” were inserted by section 8 of অর্থ আইন, ১৯৯০ (১৯৯০ সনের ৪৫ নং আইন)",
"861 The words and brackets “or the Commissioner (Appeals)” were inserted by section 8 of অর্থ আইন, ১৯৯০ (১৯৯০ সনের ৪৫ নং আইন)",
"862 The words and brackets “or the Commission (Appeals)” were inserted by section of অর্থ আইন, ১৯৯০ (১৯৯০ সনের ৪৫ নং আইন)",
"863 The words and brackets “or the Commissioner (Appeals)” were inserted by section 8 of অর্থ আইন, ১৯৯০ (১৯৯০ সনের ৪৫ নং আইন)",
"864 The proviso was added by section 6 of the Finance Act, 1994 (Act No. XI of 1994)",
"865 The words and brackets “or the Commissioner (Appeals)” were inserted by section 8 of অর্থ আইন, ১৯৯০ (১৯৯০ সনের ৪৫ নং আইন)",
"866 The words and brackets “or the Commissioner (Appeals)” were inserted by section 8 of অর্থ আইন, ১৯৯০ (১৯৯০ সনের ৪৫ নং আইন)",
"867 The words and brackets “or the Commissioner (Appeals)” were inserted by section 8 of অর্থ আইন, ১৯৯০ (১৯৯০ সনের ৪৫ নং আইন)",
"868 The words and brackets “or the Commissioner (Appeals)” were inserted by section 8 of অর্থ আইন, ১৯৯০ (১৯৯০ সনের ৪৫ নং আইন)",
"869 The words “within thirty days of the passing of such order” were inserted by section 6 of অর্থ আইন, ১৯৯৪ (১৯৯৪ সনের ১১ নং আইন)",
"870 The words “thirty days” were substituted for the words “fifteen days” by section 49 of the Finance Act,2009(Act No.IX of 2009)(with effect from 1st July 2007).",
"871 The words and brackets “or the Commissioner (Appeals)” were inserted by section 8 of অর্থ আইন, ১৯৯০ (১৯৯০ সনের ৪৫ নং আইন)",
"872 The words “one hundred and fifty days from the end of the month” were substituted for the words “ninety days from the end of the month” by section 35 of the Finance Act,2009(Act No.XXXVI of 2009)(with effect from 1st July 2009).",
"873 The words, brackets and commas “or the Commissioner (Appeals), as the case may be,” were inserted by section 8 of অর্থ আইন, ১৯৯০ (১৯৯০ সনের ৪৫ নং আইন)",
"874 Clauses (b) and (c) were omitted by section 8 of অর্থ আইন, ১৯৯০ (১৯৯০ সনের ৪৫ নং আইন)",
"875 Sub-section (2) was substituted by section 39 of অর্থ আইন, ২০০৪ (২০০৪ সনের ১৬ নং আইন)",
"876 The words “ten percent” was substituted for the words “five percent” by section 50(a) of the Finance Act, 2011 (Act No. XII of 2011) .",
"877 The colon (:) was substituted for the full-stop (.) and the proviso was added by section 50(b) of the Finance Act, 2011 (Act No. XII of 2011) .",
"878 The words “and shall pass such order in this regard as he thinks fit within thirty days from date of the receipt of such application” were inserted after the words “reasonable to him” by section 47 of অর্থ আইন, ২০২০ (২০২০ সনের ৯ নং আইন)।",
"879 Sub-section (2A) was inserted by section 33 of অর্থ আইন, ২০০৩ (২০০৩ সনের ১৭ নং আইন)",
"880 The words “with the prior approval of the Commissioner of Taxes” were substituted for the words “with the prior approval of the Board” by section 35 of the Finance Act,2009(Act No.X of 2009)(with effect from 1st July 2008).",
"881 Sub-section (4) was substituted by section 6 of অর্থ আইন, ১৯৯৯ (১৯৯৯ সনের ১৬ নং আইন)",
"882 The words, figures and brackets “sub-section (1) or sub-section (2A)” were substituted for the words, figure and bracket “sub-section (1)” by section 33 of অর্থ আইন, ২০০৩ (২০০৩ সনের ১৭ নং আইন)",
"883 The words, figure and bracket “or sub-section (3)” were omitted by section 63 of অর্থ আইন, ২০০২ (২০০২ সনের ১৪ নং আইন)",
"884 The words, figure and bracket “and shall, except in the case of an appeal under sub-section (2A)” were substituted for the words “and shall” by section 33 of অর্থ আইন, ২০০৩ (২০০৩ সনের ১৭ নং আইন)",
"885 The words, bracket, figure and comma “except in the case of an appeal under sub-section (3),” were omitted for the words “and shall” by section 63 of অর্থ আইন, ২০০২ (২০০২ সনের ১৪ নং আইন)",
"886 The words “one thousand” were substituted for the words “five hundred” by section 50 of the Finance Act,2009(Act No.IX of 2009)(with effect from 1st July 2007).",
"887 Sub-section (6) was added by section 59 of অর্থ আইন, ২০১৬ (২০১৬ সনের ২৮ নং আইন).",
"888 The words “the cases in which the appeal” were substituted for the words “that any appeal of any assessee or any class of assessee” by section 42 of অর্থ আইন, ২০১৭ (২০১৭ সনের ১৪ নং আইন) (With effect from 1st July 2017).",
"889 The words “to the assessee and to the Commissioner within one hundred and twenty days from the date of such order” were substituted for the words “to the assessee and to the Commissioner” by section 5 of অর্থ আইন, ১৯৯৭ (১৯৯৭ সনের ৪০ নং আইন)",
"890 The words “thirty days” were substituted for the words “fifteen days” by section 51 of the Finance Act,2009(Act No.IX of 2009)(with effect from 1st July 2007).",
"891 Sub-section (6) was inserted by section 7 of অর্থ আইন, ১৯৯১ (১৯৯১ সালের ২১ নং আইন)",
"892 The words “six months” were substituted for the words “four months” by section 51 of the Finance Act,2009(Act No.IX of 2009)(with effect from 1st July 2007).",
"893 The comma and words “, and where a case is heard by two members and an additional member is appointed for hearing the case because of the difference of decision of the two members, the period shall be eight months from the end of the month in which the appeal was filed” were inserted after the words “appeal was filed” by section 43 of অর্থ আইন, ২০১৭ (২০১৭ সনের ১৪ নং আইন) (With effect from 1st July 2017).",
"894 The words \"six months\" were substituted for the words \"four months\" by section 51 of the Finance Ordinance, 2007 (Ord. No. 10 of 2007).",
"895 The proviso was added by section 6 of অর্থ আইন, ১৯৯৮ (১৯৯৮ সনের ১৪ নং আইন)",
"896 The colon (:) was substituted for the full stop (.) and thereafter the proviso was added by section 6 of অর্থ আইন, ১৯৯৯ (১৯৯৯ সনের ১৬ নং আইন)",
"897 The words “within ninety days” were substituted for the words “within sixty days” by section 6 of অর্থ আইন, ১৯৯৯ (১৯৯৯ সনের ১৬ নং আইন)",
"898 The words “two thousand taka” were substituted for the words “one hundred taka” by section 65 of অর্থ আইন, ২০০২ (২০০২ সনের ১৪ নং আইন)",
"899 Colon(:) was substituted for the full-stop at the end and thereafter provisos were added by section 37 of the Finance Act,2009(Act No.XXXVI of 2009)(with effect from 1st July 2009).",
"900 Proviso was substituted by section 51 of the Finance Act, 2011 (Act No. XII of 2011).",
"901 The words “fifteen per cent” were substituted for the words “twenty five per cent” by section 30(a) of the Finance Act, 2013 (Act No. XXV of 2013) (with effect from 1st July, 2013).",
"902 The words “twenty five per cent” were substituted for the words “fifty per cent” by section 30(b) of the Finance Act, 2013 (Act No. XXV of 2013) (with effect from 1st July, 2013).",
"903 The words and brackets “or the Commissioner (Appeals)” were inserted by section 8 of অর্থ আইন, ১৯৯০ (১৯৯০ সনের ৪৫ নং আইন)",
"904 The words and brackets “or the Commissioner (Appeals)” were inserted by section 8 of অর্থ আইন, ১৯৯০ (১৯৯০ সনের ৪৫ নং আইন)",
"905 The comma, words and brackets “, the Commissioner (Appeals)” were inserted by section 8 of অর্থ আইন, ১৯৯০ (১৯৯০ সনের ৪৫ নং আইন)",
"906 The colon (:) was substituted for the full stop (.) and thereafter the proviso was added by section 5 of অর্থ আইন, ১৯৯০ (১৯৯০ সনের ৪৫ নং আইন)",
"907 The provisos were omitted by section 6 of Aঅর্থ আইন, ১৯৯৫ (১৯৯৫ সনের ১২ নং আইন)",
"908 Clause (m) was substituted by section 6 of অর্থ আইন, ১৯৯৯ (১৯৯৯ সনের ১৬ নং আইন)",
"909 The commas, words, figures and brackets “, মূল্য সংযোজন কর আইন, ১৯৯১ (১৯৯১ সনের ২২ নং আইন) or মূল্য সংযোজন কর ও সম্পূরক শুল্ক আইন, ২০১২ (২০১২ সনের ৪৭ নং আইন)” were substituted for the words, comma, figures and brackets “or মূল্য সংযোজন কর আইন, ১৯৯১ (১৯৯১ সনের ২২ নং আইন)” by section 44 of অর্থ আইন, ২০১৭ (২০১৭ সনের ১৪ নং আইন) (With effect from 1st July 2017).",
"910 The word “or” was omitted by section 6 of অর্থ আইন, ১৯৯৪ (১৯৯৪ সনের ১১ নং আইন)",
"911 Clause (pp) was inserted by section 60 of অর্থ আইন, ২০১৬ (২০১৬ সনের ২৮ নং আইন).",
"912 The semi-colon and the word “; or” were substituted for the full-stop (.) and thereafter sub-clause (r) was added by section 6 of অর্থ আইন, ১৯৯৪ (১৯৯৪ সনের ১১ নং আইন)",
"913 The word “or” was omitted by section 36(a) of অর্থ আইন, ২০১৮ (২০১৮ সনের ২২ নং আইন) (With effect from 1st July 2018).",
"914 Clause (r) was substituted by section 36(b) of অর্থ আইন, ২০১৮ (২০১৮ সনের ২২ নং আইন) (With effect from 1st July 2018).",
"915 The semi-colon “;” was substituted for the full-stop “.” and thereafter clause (s) was added by section 47 of the Finance Act, 2014 (Act No. IV of 2014) (with effect from 1st July, 2014).",
"916 Semi-colon and word “; or” were substituted for the full-stop (.) and clause (t) was added by section 36 (c) of অর্থ আইন, ২০১৮ (২০১৮ সনের ২২ নং আইন) (With effect from 1st July 2018).",
"917 The words “or collect” were inserted by section of অর্থ আইন, ১৯৮৯ (১৯৮৯ সনের ৩৬ নং আইন)",
"918 Clause (cc) was inserted by section 52 (a) of the Finance Act, 2011 (Act No. XII of 2011) .",
"919 The word “or” was omitted and thereafter the clauses (ee) and (eee) were inserted by section 31 of the Finance Act, 2013 (Act No. XXV of 2013) (with effect from 1st July, 2013).",
"920 The words and comma “verification, etc.” were substituted for the word “verification” by section 7 of অর্থ আইন, ১৯৯৩ (১৯৯৩ সনের ১৮ নং আইন)",
"921 The words “but shall not be less than three months” were inserted by section 6 of অর্থ আইন, ১৯৯৯ (১৯৯৯ সনের ১৬ নং আইন)",
"922 The words “and which he either knows or believes to be false or does not believe to be true” were omitted by section 6 of অর্থ আইন, ১৯৯৯ (১৯৯৯ সনের ১৬ নং আইন)",
"923 The semi-colon (;) was substituted for the full stop and thereafter clause (c) was inserted by section 7 of অর্থ আইন, ১৯৯৩ (১৯৯৩ সনের ১৮ নং আইন)",
"924 The words “proviso of” were substituted for the words “first or second proviso to” by section 45 of অর্থ আইন, ২০১৯ (২০১৯ সনের ১০ নং আইন).",
"925 The semi-colon (;) was substituted for the full stop (.) and thereafter clause (d) was added by section 6 of অর্থ আইন, ১৯৯৯ (১৯৯৯ সনের ১৬ নং আইন)",
"926 Section 165A was inserted by section 62 of the Finance Act,2010(Act No.XXXIII of 2010).",
"927 The new section 165AA was inserted after the section 165A by section 60 of অর্থ আইন, ২০১৫ (২০১৫ সনের ১০ নং আইন) (with effect from 1st July 2015).",
"928 Section 165B was added after section 165A by section 53 of the Finance Act, 2011 (Act No. XII of 2011) .",
"929 The new section 165C was inserted after the section 165B by section 61 of অর্থ আইন, ২০১৫ (২০১৫ সনের ১০ নং আইন) (with effect from 1st July 2015).",
"930 The words “appropriate authority of the Government” were substituted for the words and comma “Board of Investment or any competent authority of the Government, as the case may be” by section 46 of অর্থ আইন, ২০১৯ (২০১৯ সনের ১০ নং আইন).",
"931 The words “but shall not be less than three months” were inserted by section 6 of অর্থ আইন, ১৯৯৯ (১৯৯৯ সনের ১৬ নং আইন)",
"932 Section 166A was inserted by section 37 of অর্থ আইন, ২০১৮ (২০১৮ সনের ২২ নং আইন) (With effect from 1st July 2018).",
"933 Section 169A was inserted by section 38 of অর্থ আইন, ২০১৮ (২০১৮ সনের ২২ নং আইন) (With effect from 1st July 2018).",
"934 The words “The Board may” were substituted for the words “The Commissioner may” by section 36 of the Finance Act,2009(Act No.X of 2009)(with effect from 1st July 2008).",
"935 Section 173A was inserted by section 8 of অর্থ আইন, ১৯৮৭ (১৯৮৭ সনের ২৭ নং আইন)",
"936 Sub-sections (1) and (1A) were substituted for the sub-section (1) by section 45 (a) of অর্থ আইন, ২০১৭ (২০১৭ সনের ১৪ নং আইন) (With effect from 1st July 2017).",
"937 Sub-section (4) was omitted by section 45(b) of অর্থ আইন, ২০১৭ (২০১৭ সনের ১৪ নং আইন) (With effect from 1st July 2017).",
"938 The number “121A” was substituted for the number “121” by section 48 of the Finance Act, 2014 (Act No. IV of 2014) (with effect from 1st July, 2014).",
"939 Clause (c) was omitted by section 7 of অর্থ আইন, ১৯৯৩ (১৯৯৩ সনের ১৮ নং আইন)",
"940 The colon (:) was substituted for the full-stop (.) and thereafter the proviso was added by section 27 of অর্থ আইন, ২০০৬ (২০০৬ সনের ২২ নং আইন)",
"941 The word “Board” was substituted for the word “Commissioner” by section 8 of অর্থ আইন, ১৯৯২ (১৯৯২ সনের ২১ নং আইন)",
"942 The colon (:) was substituted for the semi-colon (;) and thereafter the proviso was inserted by section 8 of অর্থ আইন, ১৯৮৮ (১৯৮৮ সনের ৩৩ নং আইন)",
"943 Second and third provisos were omitted by section 8 of অর্থ আইন, ১৯৯২ (১৯৯২ সনের ২১ নং আইন)",
"944 The provisos were inserted by section 7 of অর্থ আইন, ১৯৯৩ (১৯৯৩ সনের ১৮ নং আইন)",
"945 Sub-section (1) was substituted by section 52 of the Finance Act, 2012 (Act No. XXVI of 2012) (with effect from 1st July, 2012).",
"946 The words “by registered post or by sending from the official electronic mail of the sender to the specified electronic mail address of the person” were substituted for the words “either by registered post” by section 39(a) of অর্থ আইন, ২০১৮ (২০১৮ সনের ২২ নং আইন) (With effect from 1st July 2018).",
"947 Sub-section (4) was inserted by section 39(b) of অর্থ আইন, ২০১৮ (২০১৮ সনের ২২ নং আইন) (With effect from 1st July 2018).",
"948 The Explanation was added by section 7 of অর্থ আইন, ১৯৯৩ (১৯৯৩ সনের ১৮ নং আইন)",
"949 Sections 178A and 178B were inserted by section 46 of অর্থ আইন, ২০১৭ (২০১৭ সনের ১৪ নং আইন) (With effect from 1st July 2017).",
"950 Section 184A was substituted by section 48 of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022).",
"951 The words, word summarize and brackets “Twelve-digit” were inserted before the words “Taxpayer’s Identification Number (TIN)” by section 50(a) of the Finance Act, 2014 (Act No. IV of 2014) (with effect from 1st July, 2014).",
"952 Section 184AA was inserted by section 78 of অর্থ আইন, ২০০০ (২০০০ সনের ১৫ নং আইন)",
"953 The words “twelve-digit Taxpayer’s Identification Number” were substituted for the words “tax-payer’s identification number” by section 50(b) of the Finance Act, 2014 (Act No. IV of 2014) (with effect from 1st July, 2014).",
"954 Section 184B was substituted by section 55 of the Finance Act, 2011 (Act No. XII of 2011) .",
"955 Sub-section (1) was substituted by section 51(a) of the Finance Act, 2014 (Act No. IV of 2014) (with effect from 1st July, 2014).",
"956 The words “twelve-digit” were inserted after the words “thereafter issue a new” by section 51(b) of the Finance Act, 2014 (Act No. IV of 2014) (with effect from 1st July, 2014).",
"957 Sub-section (3) was added by section 51(c) of the Finance Act, 2014 (Act No. IV of 2014) (with effect from 1st July, 2014).",
"958 Section 184BB was inserted by section 67 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন)",
"959 Clauses (46) and (46A) were substituted by section 16 (d) of অর্থ আইন, ২০১৬ (২০১৬ সনের ২৮ নং আইন).",
"960 Section 184BBB was omitted by section 41 of অর্থ আইন, ২০১৮ (২০১৮ সনের ২২ নং আইন) (With effect from 1st July 2018).",
"961 Section 184BBBB was inserted by section 54 of the Finance Act, 2012 (Act No. XXVI of 2012) (with effect from 1st July, 2012).",
"962 Explanation was added by section 42 of অর্থ আইন, ২০১৮ (২০১৮ সনের ২২ নং আইন) (With effect from 1st July 2018).",
"963 Section 184C was substituted by section 49 of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022).",
"964 Section 184CC was inserted by section 48 of অর্থ আইন, ২০১৯ (২০১৯ সনের ১০ নং আইন).",
"965 The words “for collection and detection of evasion of taxes” were omitted by section 53(a) of the Finance Act, 2014 (Act No. IV of 2014) (with effect from 1st July, 2014).",
"966 Section 184D was substituted by section 65 of the Finance Act,2010(Act No.XXXIII of 2010).",
"967 The comma and word “, collection” were substituted for the words “in collection” by section 53(b) of the Finance Act, 2014 (Act No. IV of 2014) (with effect from 1st July, 2014).",
"968 Section 184E was added by section 66 of the Finance Act,2010(Act No.XXXIII of 2010).",
"969 Section 184F was added after the section 184E by section 56 of the Finance Act, 2011 (Act No. XII of 2011).",
"970 The words and commas “the imposition and the collection of tax, the exemption of any income from tax, the reduction of the rate of tax, the calling for any information for the purpose of taxation, and the protection of information under this Ordinance” were substituted for the words “tax on income and exemption of tax thereof” by section 62 of অর্থ আইন, ২০১৬ (২০১৬ সনের ২৮ নং আইন).",
"971 Section 184G was inserted by section 49 of অর্থ আইন, ২০২০ (২০২০ সনের ৯ নং আইন)।",
"972 The comma and words “, extentand scope” were inserted after the words “ the manner” by section 50 of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022).",
"973 The colon (:) was substituted for the full stop (.) and thereafter the proviso was added by section 6 of অর্থ আইন, ১৯৯৮ (১৯৯৮ সনের ১৪ নং আইন)",
"974 Section 185A was inserted by section 63 of অর্থ আইন, ২০১৬ (২০১৬ সনের ২৮ নং আইন)."
],
"name": "The Income-tax Ordinance, 1984",
"num_of_sections": 370,
"published_date": "4th June, 1984",
"related_act": [
1409,
904,
1032,
777,
10,
1163,
781,
402,
531,
788,
277,
918,
1303,
24,
796,
1053,
157,
415,
672,
930,
1186,
808,
940,
558,
815,
687,
306,
950,
311,
824,
442,
699,
1214,
831,
838,
73,
75,
77,
1106,
86,
88,
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"sections": [
{
"act_id": 672,
"details": "1. (1) This Ordinance may be called the Income-tax Ordinance, 1984. (2) It shall come into force on the first day of July, 1984.",
"name": "Short title and commencement",
"related_acts": "672",
"section_id": 1
},
{
"act_id": 672,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (1) \"agricultural income\" means- (a) any income derived from any land in Bangladesh and used for agricultural purposes- (i) by means of agriculture; or (ii) by the performance of any process ordinarily employed by a cultivator to render marketable the produce of such land; or (iii) by the sale of the produce of the land raised by the cultivator in respect of which no process, other than that to render the produce marketable, has been performed; or (iv) by granting a right to any person to use the land for any period; or (b) any income derived from any building which- (i) is occupied by the cultivator of any such land as is referred to in sub-clause (a) in which any process is carried on to render marketable any such produce as aforesaid; (ii) is on, or in the immediate vicinity of, such land; and (iii) is required by the cultivator as the dwelling house or store-house or other out-house by reason of his connection with such land; (2) \"amalgamation\", in relation to companies, means the merger of one or more companies with another company, or the merger of two or more companies to form one company (the company or companies which so merged being referred to as the amalgamating company or companies and the company with which they merge or which is formed as a result of the merger as the amalgamated company) in such a manner that by virtue of, and for reasons attributable to, the merger,- (a) all the property of the amalgamating company or companies immediately before the merger becomes the property of the amalgamated company; (b) all the liabilities of the amalgamating company or companies immediately before the merger become the liabilities of the amalgamated company; and 1(c) where the amalgamated company is a Bangladeshi company and the shareholders holding not less than 75% (seventy five percent) in value of the shares in the amalgamating company or companies (other than shares already held therein immediately before the merger by, or by a nominee for, the amalgamated company or its subsidiary) become shareholders of the amalgamated company; or 2(d) where the amalgamated company is a foreign company and the shareholders holding not less than 75% (seventy five percent) in value of the shares in the amalgamating foreign company or companies that directly or indirectly holds or hold shares in a Bangladeshi company or companies (other than shares already held therein immediately before the merger by, or by a nominee for, the amalgamated company or its subsidiary) become shareholders of the amalgamated company; (3) \"annual value\" shall be deemed to be- (a) in relation to any property let out,- (i) (i) the sum for which property might reasonably be expected to let from year to year 3 *** 4 and any amount received by letting out furniture, fixture, fittings etc; or (ii) where the annual rent in respect thereof is in excess of the sum referred to in paragraph (i), the amount of the annual rent; 5 * * * (4) \"Appellate Joint Commissioner\" means a person appointed to be an Appellate Joint Commissioner of Taxes under section 3 6 , and includes a 7 an Appellate Additional Commissioner of Taxes 8 and also a person appointed to hold current charge of an Appellate Joint Commissioner of Taxes; (5) \"Appellate Tribunal\" means the Taxes Appellate Tribunal established under section 11; 9 (5A) \"approved gratuity fund\" means a gratuity fund which has been and continues to be approved by the Board in accordance with the provisions of Part C of the First Schedule; (6) \"Approved superannuation fund\" means a superannuation fund 10 or a pension fund which has been and continues to be approved by the Board in accordance with the provisions of Part A of the First Schedule; (7) \"Assessee\", means a person by whom any tax or other sum of money is payable under this Ordinance, and includes- (a) every person in respect of whom any proceeding under this Ordinance has been taken for the assessment of his income or the income of any other person in respect of which he is assessable, or of the amount of refund due to him or to such other person; 11 (aa) every person by whom a minimum tax is payable under this Ordinance; (b) every person who is required to file a return under section 75, section 89 or section 91; (c) every person who desires to be assessed and submits his return of income under this Ordinance; and (d) every person who is deemed to be an assessee, or an assessee in default, under any provision of this Ordinance; (8) \"assessment\", with its grammatical variations and cognate expressions, includes re-assessment and additional or further assessment; (9) \"assessment year\" means the period of twelve months commencing on the first day of July every year; and includes any such period which is deemed, under the provisions of this Ordinance, to be assessment year in respect of any income for any period; (10) \"Assistant Commissioner of Taxes\" means a person appointed to be an Assistant Commissioner of Taxes under section 3; (11) \"Bangladeshi company\" means a company formed and registered under the Companies Act, 1913 (VII of 1913) 12 or কোম্পানী আইন, ১৯৯৪ (১৯৯৪ সনের ১৮ নং আইন), and includes a body corporate established or constituted by or under any law for the time being in force in Bangladesh having in either case its registered office in Bangladesh; (12) \"Banking company\" has the same meaning as in 13 ব্যাংক-কোম্পানী আইন, ১৯৯১ (১৯৯১ সনের ১৪ নং আইন), and includes any body corporate established or constituted by or under any law for the time being in force which transacts the business of banking in Bangladesh; 14(12A) “bank transfer” includes transfer of money by crossed cheque, mobile financial services or any other digital means approved by the Bangladesh Bank; (13) \"Board\" means the National Board of Revenue constituted under the National Board of Revenue Order, 1972 (P. O. No. 76 of 1972); (14) \"business\" includes any trade, commerce or manufacture or any adventure or concern in the nature of trade, commerce or manufacture; (15) \"capital asset\" means property of any kind held by an assessee, whether or not connected with his business or profession, but does not include- (a) any stock-in-trade (not being stocks and shares), consumable stores or raw materials held for the purposes of his business or profession; 15 and (b) personal effects, that is to say, movable property (including wearing apparel, jewellery, furniture, fixture, equipment and vehicles), which are held exclusively for personal use by, and are not used for purposes of the business or profession of the assessee or any member of his family dependent on him; 16 *** 17 *** 18 (16) “charitable purpose” means-(a) relief of the poor, education relief, medical relief; and(b) the advancement of any other object of general public utility:Provided that the advancement of any other object of general public utility shall not be considered as charitable purpose, if it is not approved by the Board and involves-(i) carrying out any activities in the nature of trade, commerce or business in whatever form and manner; or(ii) rendering any service for a consideration and the aggregate value of such consideration in any income year exceeds Taka twenty lakh; (17) \"chartered accountant\" means a chartered accountant as defined in the Bangladesh Chartered Accountants Order, 1973 (P.O. No. 2 of 1973); (18) \"child\", in relation to any individual, includes a step-child and an adopted child of that individual; 19 (19) \"Commissioner\" means a person appointed to be a Commissioner of Taxes or Commissioner (Large Taxpayer Unit) under section 3, or a person appointed to hold current charge of a Commissioner of Taxes or Commissioner (Large Taxpayer Unit); 20 (19A) \"Commissioner (Appeals)\" means a person appointed to be a 21 Commissioner of Taxes (Appeals) under section 3 and includes a person appointed to hold current charge of a Commissioner of Taxes (Appeal); 22 * * * (20) \"Company\" means a company as defined in 23 the Companies Act, 1913 (VII of 1913) or কোম্পানী আইন, ১৯৯৪ (১৯৯৪ সনের ১৮ নং আইন) and includes- (a) a body corporate established or constituted by or under any law for the time being in force; (b) any nationalised banking or other financial institution, insurance body and industrial or business enterprise; 24 * * * 25 26 (bb) an association or combination of persons, called by whatever name, if any of such persons is a company as defined in 27 the Companies Act, 1913 (VII of 1913) or কোম্পানী আইন, ১৯৯৪ (১৯৯৪ সনের ১৮ নং আইন); (bbb) any association or body incorporated by or under the laws of a country outside Bangladesh; and (c) any foreign association or body, 28 not incorporated by or under any law, which the Board may, by general or special order, declare to be a company for the purposes of this Ordinance; (21) \"co-operative society\" means a co-operative society registered under 29 সমবায় সমিতি আইন, ২০০১ (২০০১ সনের ৪৭ নং আইন) (Co-operative Societies Act, 2001)(Act No. 47 of 2001), or under any other law for the time being in force governing the registration of co-operative societies; (22) \"cost and management accountant\" means a cost and management accountant as defined in the Cost and Management Accountants Ordinance, 1977 (LIII of 1977); (23) \"Deputy Commissioner of Taxes\" means a person appointed to be a Deputy Commissioner of Taxes under section 3, 30 and includes a person appointed to be a Transfer Pricing Officer, an Assistant Commissioner of Taxes, an Extra Assistant Commissioner of Taxes and a Tax Recovery Officer; (24) \"director\" and \"manager\" in relation to a company have the meanings assigned to them in 31 the Companies Act, 1913 (VII of 1913) or কোম্পানী আইন, ১৯৯৪ (১৯৯৪ সনের ১৮ নং আইন); 32 (25) \"Director-General of Inspection\" means a person appointed to be a Director-General of Inspection (Taxes) under section 3, and except for the purpose of section 117, includes a person appointed for the purpose of this Ordinance to be an Additional Director-General of Inspection (Taxes), a Deputy Director-General of Inspection (Taxes), or an Assistant Director-General of Inspection (Taxes); 33 (25A) \"Director General (Training)\" means a person appointed to be Director General (Training); 34 (25AA) \"Director General, Central Intelligence Cell\" means of persons appointed to be Director General, Central Intelligence Cell 35 or 36 any Director, Central Intelligence Cell or any Joint Director, Central Intelligence Cell or Deputy Director, Central Intelligence Cell or Assistant Director, Central Intelligence Cell authorised by him; (26) \"dividend\" includes- (a) any distribution by a company of accumulated profits, whether capitalised or not, if such distribution entails the release by the company to its shareholders of all or any part of its assets or reserves; (b) any distribution by a company, to the extent to which the company possesses accumulated profits, whether capitalised or not, to its shareholders of debentures, debenture-stock or deposit certificates in any form, whether with or without interest; (c) any distribution made to the shareholders of a company on its liquidation to the extent to which the distribution is attributable to the accumulated profits of the company immediately before its liquidation, whether capitalised or not; (d) any distribution by a company to its shareholders on the reduction of its capital, to the extent to which the company possesses accumulated profits, whether such accumulated profits have been capitalised or not; 37 (dd) any profit remitted outside Bangladesh by a company not incorporated in Bangladesh under কোম্পানী আইন, ১৯৯৪ (১৯৯৪ সনের ১৮ নং আইন); 38 (ddd) any distribution of profit of a mutual fund or an alternative investment fund; (e) any payment by a private company of any sum (whether as representing a part of the assets of the company or otherwise) by way of advance or loan to a shareholder or any payment by any such company on behalf, or for the individual benefit, of any such shareholder, to the extent to which the company, in either case, possesses accumulated profit; but does not include- (i) a distribution made in accordance with sub-clause (c) or sub-clause (d) in respect of any share including preference share for full cash consideration, or redemption of debentures or debenture-stock, where the holder of the share or debenture is not entitled in the event of liquidation to participate in the surplus assets; (ii) any advance or loan made to a shareholder in the ordinary course of its business, where the lending of money is a substantial part of the business of the company; (iii) any dividend paid by a company which is set off by the company against the whole or any part of any sum previously paid by it and treated as dividend within the meaning of sub-clause (e) to the extent to which it is so set off; 39 (iiia) any bonus share issued by a company; 40 *** Explanation.- The expression \"accumulated profits\",- (a) wherever it occurs in this clause, includes any reserve made up wholly or partly of any allowance, deduction or exemption admissible under this Ordinance or under the Income-tax Act, 1922 (XI of 1922), but does not include capital gains arising before the first day of April, 1946, or after the thirty-first day of March, 1949, and before the eighth day of June, 1963; (b) as used in sub-clauses (a), (b) and (d), includes all profits of the company up to the date of such distribution; and (c) as used in sub-clause (c), includes all profits of the company up to the date of its liquidation; (27) \"employer\" includes a former employer; (28) \"employee\", in relation to a company, includes the managing director, or any other director or other person, who, irrespective of his designation, performs any duties or functions in connection with the management of the affairs of the company;41(28A) “export” means supply of goods and services from inside to outside the geographical limits of Bangladesh and shall include supply of locally manufactured raw materials and other inputs to export oriented industry under internal back to back letter of credit; (29) \"Extra Assistant Commissioner of Taxes\" means a person appointed to be an Extra Assistant Commissioner of Taxes under section 3 42 and includes a person appointed to hold current charge of an Extra Assistant Commissioner of Taxes; 43 (30) \"fair market value\" means, in relation to capital asset 44or a business or undertaking- (a) the price which such asset 45or such business or undertaking would ordinarily fetch on sale in the open market on the relevant day, and, where such price is not ascertainable, the price which the Deputy Commissioner of Taxes may, with the approval in writing of the Inspecting Joint Commissioner, determine; (b) the residual value received from the lessee in case of an asset leased by a financial institution having license from the Bangladesh Bank on termination of lease agreement on maturity or otherwise subject to the condition that such residual value plus amount realised during the currency of the lease agreement towards the cost of the asset is not less than the cost of acquisition to the lessor financial institution. (31) \"fees for technical services\" means any consideration (including any lump sum consideration) for the rendering of any managerial, technical or consultancy services (including the provision of services of technical or other personnel) but does not include consideration for any construction, assembly, mining or like project undertaken by the recipient, or consideration which would be income of the recipient classifiable under the head \"Salaries\" 46 . Explanation.- For the removal of doubts, it is hereby declared that in this clause, “fees for technical services” shall include technical services fee, technical assistance fee or any fee of similar nature; 47 (31A) \"financial institution\" has the same meaning as assigned to it in আর্থিক প্রতিষ্ঠান আইন, ১৯৯৩ (১৯৯৩ সনের ২৭ নং আইন) (Financial Institution Act, 1993) (Act No. 27 of 1993); (32) \"firm\" has the same meaning as assigned to it in the Partnership Act, 1932 (IX of 1932); (33) \"foreign company\" means a company which is not a Bangladeshi company; 48 (34) “income” includes- (a) any income, receipts, profits or gains, from whatever source derived, chargeable to tax under any provision of this Ordinance; (b) any amount which is subject to collection or deduction of tax at source under any provision of this Ordinance; (c) any loss of such income, profits or gains; (d) the profits and gains of any business of insurance carried on by a mutual insurance association computed in accordance with paragraph 8 of the Fourth Schedule; (e) any sum deemed to be income, or any income accruing or arising or received, or deemed to accrue or arise or be received in Bangladesh under any provision of this Ordinance; (f) any amount on which a tax is imposed; (g) any amount which is treated as income under any provision of this Ordinance; 49 * * * 50 (35) 51“income year” means financial year immediately preceding the assessment year and includes (a) the period beginning with the date of setting up of a business and ending with the thirtieth day of June following the date of setting up of such business; (b) the period beginning with the date on which a source of income newly comes into existence and ending with the thirtieth day of June following the date on which such new source comes into existence; (c) the period beginning with the first day of July and ending with the date of discontinuance of the business or dissolution of the unincor- porated body or liquidation of the company, as the case may be; (d) the period beginning with the first day of July and ending with the date of retirement or death of a participant of the unincorporated body; (e) the period immediately following the date of retirement, or death, of a participant of the unincorporated body and ending with the date of retirement, or death, of another participant or the thirtieth day of June following the date of the retirement, or death, as the case may be; (f) in the case of bank, insurance or financial institution 52 or any subsidiary thereof the period of twelve months commencing from the first day of January of the relevant year; or (g) in any other case the period of twelve months commencing from the first day of July of the relevant year 53 : Provided that the Deputy Commissioner of Taxes may allow a different financial year for a company which is a 54 subsidiary, including a subsidiary thereof, or a holding company of a parent company incorporated outside Bangladesh or a branch or liaison office thereof if such company requires to follow a different financial year for the purpose of consolidation of its accounts with the parent company; (36) \"Inspecting Joint Commissioner\" means a person appointed to be an Inspecting Joint Commissioner of Taxes under section 3 55 , and includes 56 an Inspecting Additional Commissioner of Taxes 57 and also a person appointed to hold current charge of an Inspecting Joint Commissioner of Taxes; 58 (37) \" Inspector\" means an Inspector of Taxes under section 3 and also includes a person appointed to hold charge of an Inspector of Taxes; (38) \"Interest\" means interest payable in any manner in respect of any money borrowed or debt incurred (including a deposit, claim or other similar right or obligation) and includes any service fee or other charge in respect of the money borrowed or debt incurred or in respect of any credit facility which has not been utilised; (39) \"legal representative\" has the same meaning as assigned to it in section 2(11) of the Code of Civil Procedure, 1908 (Act V of 1908); (40) \"market value\", in respect of agricultural produce, means- (a) where such produce is ordinarily sold in the market in its raw state or after application to it of any process employed by a cultivator to render it fit to be taken to the market, t he value calculated according to the average price at which it has been sold during the year previous to that in which the income derived from such produce first becomes assessable; and (b) where such produce is not ordinarily sold in the market in its raw state, the aggregate of- (i) the expenses of cultivation; (ii) the land development tax or rent paid for the lands in which it was grown; and (iii) such amount as the Deputy Commissioner of Taxes finds, having regarded to the circumstances of each case, to represent a reasonable rate of profit on the sale of the produce in question as agricultural produce; (41) \"money borrowed\" includes, in the case of a banking company, money received by way of deposit; (42) \"non-resident\" means a person who is not a resident; (43) \"partner\" has the same meaning as assigned to it in the Partnership Act, 1932 (IX of 1932), and includes a person who, being a minor, has been admitted to the benefits of partnership; (44) \"partnership\" has the same meaning as assigned to it in the Partnership Act, 1932 (IX of 1932); 59 (44A) “permanent establishment”, in relation to income from business or profession, means a place or activity through which the business or profession of a person is wholly or partly carried on, and includes- (i) a place of management; (ii) a branch; (iii) an agency; (iv) an office; (v) a warehouse; (vi) a factory; (vii) a workshop; (viii) a mine, oil or gas well, quarry or any other place of exploration, exploitation or extraction of natural resources; (ix) a farm or plantation; (x) a building site, a construction, assembly or installation project or supervisory activities in connection therewith; (xi) the furnishing of services, including consultancy services, by a person through employees or other personnel engaged by the person for such purpose, if activities of that nature continue (for the same or a connected project) in Bangladesh; and (xii) any associated entity or person (hereinafter referred to as “Person A”) that is commercially dependent on a non-resident person where the associated entity or Person A carries out any activity in Bangladesh in connection with any sale made in Bangladesh by the non-resident person; 60 (45) \"perquisite\" means- (i) any payment made to an employee by an employer in the form of cash or in any other form excluding basic salary, festival bonus, incentive bonus 61***, arrear salary, advance salary, leave encashment or leave fare assistance and overtime, and (ii) any benefit, whether convertible into money or not, provided to an employee by an employer, called by whatever name, other than contribution to a recognised provident fund, approved pension fund, approved gratuity fund and approved superannuation fund; 62 46) “person” includes an individual, a firm, an association of persons, a Hindu undivided family, a trust, a fund, a local authority, a company, an entity and every other artificial juridical person; (46A) “person with disability” means an individual registered as প্রতিবন্ধী ব্যক্তি (person with disability) under section 31 of প্রতিবন্ধী ব্যক্তির অধিকার ও সুরক্ষা আইন, ২০১৩ (২০১৩ সনের ৩৯ নং আইন); (47) \"prescribed\" means prescribed by rules made under this Ordinance; (48) \"principal officer\", used with reference to a local authority, a company, any other public body or any association of persons, includes- (a) managing director, 63 chief executive officer, manager, secretary, treasurer, agent or accountant (by whatever designation known), or any officer responsible for management of the affairs, or of the accounts, of the authority, company, body or association; and (b) any person connected with the management or the administration of the local authority, company, body or association upon whom the Deputy Commissioner of Taxes has served a notice of his intention to treat him as principal officer thereof; (49) \"profession\" includes a vocation; (50) \"profits in lieu of salary\" includes- (a) the amount of compensation due to, or received by, an assessee from his employer at, or in connection with, the termination of, or the modification of any terms and conditions relating to, his employment; and (b) any payment due to, or received by, an assessee from a provident or other fund to the extent to which it does not consist of contributions by the assessee and the interest on such contributions; (51) \"public servant\" has the same meaning as in section 21 of the Penal Code (Act No. XLV of 1860); (52) \"recognised provident fund\" means a provident fund which has been, and continues to be, recognised by the Commissioner in accordance with the provisions of Part B of the First Schedule; 64 * * * (54) \"relative\", in relation to an individual, means the husband, wife, brother, sister or any lineal ascendant or descendant of that individual;65(54A)“research and development” means any systematic, investigative and experimental study that involves novelty or technical risk carried out in the field of science or technology with the object of acquiring new knowledge or using the results of the study for the production or improvement of materials, devices, products, produce, or processes, but does not include-(a) quality control or routine testing of materials, devices or products;(b) research in the field of social science including the arts and humanities;(c) the creation or development of financial instruments or financial products;(d) market research or sales promotion; routine data collection, efficiency surveys or management studies;(e) routine modifications or changes to materials, devices, products, processes or production methods;(f) cosmetic modifications or stylistic changes to materials, devices, products, processes or production methods; or(g) the creation or enhancement of trademarks or goodwill;”; (55) \"resident\", in respect of any income year, means- (a) an individual who has been in Bangladesh- (i) for a period of, or for periods amounting in all to, one hundred and eighty-two days or more in that year; or (ii) for a period of, or periods amounting in all to, ninety days or more in that year having previously been in Bangladesh for a period of, or periods amounting in all to, three hundred and sixty-five days or more during four years preceding that year; (b) a Hindu undivided family, firm or other association of persons, the control and management of whose affairs is situated wholly 66*** in Bangladesh in that year; 67*** (c) a Bangladeshi company or any other company the control and management of whose affairs is situated wholly in Bangladesh in that year; 68 (d) a trust, a fund or an entity, the control and management of whose affairs is situated wholly in Bangladesh in that year; and (e) a local authority and every other artificial juridical person; (56) \"royalty\" means consideration (including any lump sum consideration but excluding any consideration which is classifiable as income of the recipient under the head \"Capital gains\") for- (a) transfer of all or any rights, including the granting of a licence, in respect of a patent, invention, model, design, mark or similar property; (b) the imparting of any information concerning the working of, or the use of, a patent, invention, model, design, secret process or formula, or trade mark or similar property; (c) the use of any patent, invention, model, design, secret process or formula, or trade mark or similar property; (d) the imparting of any information concerning technical, industrial, commercial, or scientific knowledge, experience or skill; (e) the transfer of all or any rights, including granting of a licence, in respect of any copyright, literacy, artistic or scientific work, including films or video tapes for use in connection with television or tapes for use in connection with radio broadcasting, but not including consideration for sale, distribution or exhibition of cinematograph films; or (f) the rendering of any services in connection with any of the aforesaid activities; 69Explanation 1.¾For the purpose of royalty in respect of any right, property or information, it is not necessary that¾(i) the possession or control of such right, property or information is with the payer;(ii) such right, property or information is used directly by the payer;(iii) the location of such right, property or information is in Bangladesh.Explanation 2.¾For the removal of doubts, it is hereby clarified that the expression “process” includes transmission by satellite (including up-linking, amplification, conversion for down-linking of any signal), cable, optical fibre or by any other similar technology, whether or not such process is secret; (57) \"rules\" means rules made under this Ordinance; (58) \"salary\" includes- 70 (a) any pay or wages; (b) any annuity, pension or gratuity; (c) any fees, commissions, allowances, perquisites or profits in lieu of, or in addition to, salary or wages; (d) any advance of salary; 71 (e) any leave encashment; (59) \"scheduled bank\" has the same meaning as in the Bangladesh Bank Order, 1972 (P. O. No. 127 of 1972); 72 *** (60) \"shareholder\" includes a preference shareholder; (61) \"speculation-business\" means business in which a contract for the purchase or sale of any commodity, including stocks and shares, is periodically or ultimately settled otherwise than by the actual delivery or transfer of the commodity or scripts, but does not include business in which- (a) a contract in respect of raw materials or merchandise is entered into by a person in the course of his manufacturing or mercantile business to guard against loss through future price fluctuations for the purpose of fulfilling his other contracts for the actual delivery of the goods to be manufactured or the merchandise to be sold by him; (b) a contract in respect of stocks and shares is entered into by a dealer or investor therein to guard against loss in his holdings of stocks and shared through price fluctuations; and (c) a contract is entered into by a member of a forward market or a stock exchange in the course of any transaction in the nature of jobbing or arbitrage to guard against loss which may arise in the ordinary course of his business as such member;73(61A) “supply of goods” means transfer of the right of goods by way of sale, exchange or otherwise including sale under hire purchase agreement or finance lease; 74 (62) \"tax\" means the income tax payable under this Ordinance and includes any additional tax, excess profit tax, penalty, interest, fee or other charges leviable or payable under this Ordinance; 75 (62A) “Tax Day” means- (i) in the case of an assessee other than a company, the thirtieth day of November following the end of the income year; (ii) in the case of a company, the fifteenth day of the seventh month following the end of the income year 76 or the fifteenth day of September following the end of the income year where the said the fifteenth day falls before the fifteenth day of September;77(iia) in the case of an assessee, who is an individual and has not submitted return before, the thirtieth day of June following the end of the income year; (iii) the next working day following the Tax Day if the day mentioned in 78this clause is a public holiday; 79 (62B) “taxed dividend” means the dividend income on which tax has been paid by the recipient under this Ordinance; 80 *** (64) \"Tax Recovery Officer\" means a person appointed to be a Tax Recovery Officer under section 3; (65) \"total income\" means the total amount of income referred to in section 17 computed in the manner laid down in this Ordinance, and includes any income which, under any provision of this Ordinance, is to be included in the total income of an assessee; 81 (65A) “trading account” or “profit and loss account” includes income statement and other similar statements of accounts prepared under International Financial Reporting Standards; (66) \"transfer\", in relation to a capital asset, includes the sale, exchange or relinquishment of the asset, or the extinguishment of any right therein, but does not include- (a) any transfer of the capital asset under a gift, bequest, will or an irrevocable trust; (b) any distribution of the assets of a company to its shareholders on its liquidation; and (c) any distribution of capital assets on the dissolution of a firm or other association of persons or on the partition of a Hindu undivided family; 82 * * * (68) \"written down value\" means the written down value as defined in the Third Schedule; (69) \"year\" means a financial year.",
"name": "Definitions",
"related_acts": "788,751,402,442,788,788,876,558,788,788,781,157,86,157,157,1126,415",
"section_id": 2
},
{
"act_id": 672,
"details": "3. There shall be the following classes of income-tax authorities for the purposes of this Ordinance, namely:- (1) \tThe National Board of Revenue, 83* * * 84(IB) Chief Commissioner of Taxes; 85(2) \tDirectors-General of Inspection (Taxes), 86(2A) \tCommissioner of Taxes (Appeals), 87(2B) \tCommissioner of Taxes (Large Taxpayer Unit), 88(2C) \tDirector General (Training), 89(2D) \tDirector General, Central Intelligence Cell, (3) \tCommissioners of Taxes, 90(3A) \tAdditional Commissioners of Taxes who may be either Appellate Additional Commissioners of Taxes or Inspecting Additional Commissioners of Taxes, (4) \tJoint Commissioner of Taxes who may be either Appellate Joint Commissioner of Taxes or Inspecting Joint Commissioner of Taxes, (5) \tDeputy Commissioners of Taxes, 91(6) \tTax Recovery Officers nominated by the Commissioner of Taxes among the Deputy Commissioner of Taxes within his jurisdiction; (7) \tAssistant Commissioners of Taxes, (8) \tExtra Assistant Commissioners of Taxes, and (9) \tInspectors of Taxes.",
"name": "Income-tax authorities",
"related_acts": "",
"section_id": 3
},
{
"act_id": 672,
"details": "4. (1) Subject to the rules and orders of the Government regulating the terms and conditions of service of persons in public services and posts, appointment of income-tax authorities shall be made in accordance with the provisions of this Ordinance. (2) The Board may appoint 9293Chief Commissioner of Taxes, Director General, Central Intelligence Cell,94 * * * as many 95 Directors-General of Inspection, 96 Commissioners (Appeals), Commissioners, Joint Commissioners of Taxes, Deputy Commissioners of Taxes, Tax Recovery Officers and Assistant Commissioners of Taxes and such other executive or ministerial officers and staff as it may think fit. 97(2A) Notwithstanding anything contained in this Ordinance, the Board may, with the approval of the Government, appoint one or more person having appropriate professional skill and experience to perform such function as may be specified by an order issued in this behalf, and the person or persons so appointed shall be deemed to be an income-tax authority for the purposes of this Ordinance. (3) Subject to such orders or instructions as the Board may, from time to time, issue in this behalf, any other income-tax authority may appoint any income-tax authority subordinate thereto and such other executive or ministerial officers and staff as may be necessary for assistance in the execution of its functions.",
"name": "Appointment of income-tax authorities",
"related_acts": "",
"section_id": 4
},
{
"act_id": 672,
"details": "984A. The Board may, by notification in the official Gazette, and subject to such limitations or conditions, if any, as may be specified therein, empower by name or designation,- (a)\tany Inspecting Additional Commissioner of Taxes to exercise the powers of a Commissioner of Taxes 99; (b)\tany Appellate Additional Commissioner of Taxes to exercise the powers of a Commissioner of Taxes (Appeal) 100; and (c)\tany Additional Director General or Joint Director General of Central Intelligence Cell to exercise the powers of Director General, Central Intelligence Cell.",
"name": "Delegation of powers",
"related_acts": "",
"section_id": 5
},
{
"act_id": 672,
"details": "5. 101(1) The 102* * * 103Chief Commissioner of Taxes, Director General of Inspection, Commissioners (Appeals), and Commissioners shall be subordinate to the Board. (2) The 104Additional Commissioners of Taxes, Joint Commissioners of Taxes, Deputy Commissioners of Taxes and Inspectors shall be subordinate to the Commissioners 105or the Commissioner (Appeals), as the case may be, within whose jurisdiction they are appointed to perform their function: Provided that no order, direction or instruction shall be given so as to interfere with the discretion of the Appellate Joint Commissioners 106or the Commissioners (Appeals) in the exercise of their appellate functions. (3) The Deputy Commissioners of Taxes and Inspectors shall be subordinate to the Inspecting Joint Commissioner within whose jurisdiction they perform their functions. (4) The Inspectors shall be subordinate to the Deputy Commissioners of Taxes within whose jurisdiction they perform their functions.",
"name": "Subordination and control of income-tax authorities",
"related_acts": "",
"section_id": 6
},
{
"act_id": 672,
"details": "6. (1) Subject to the provisions of this Ordinance,- 107* * * 108(aa) the Directors-General of Inspection shall perform the following functions, namely:- (i)\tcarry out inspection of income tax cases; (ii)\tinvestigate or cause investigation to be carried out in respect of cases involving leakage of revenue or evasion of taxes; (iii)\tcarry out audit of cases or offices involving income tax revenues only; (iv)\tfurnish annual report about the working of income tax offices dealing with revenue matters to the Board by the thirty first day of December following the end of the financial year to which it relates; and (v)\tsuch other functions as may be assigned to them by the Board; 109(aaa) the Director General of Central Intelligence Cell shall perform the following functions, namely:- (i) carry out intelligence works to gather information about taxpayers; (ii) analyse information gathered through intelligence work vis-a-vis concerned income tax records; (iii) detect tax evasions, concealments of income and offences as described in chapter XXI of Income Tax Ordinance, 1984; (iv) carry out investigations to prove tax evasion or concealment or any other irregularities relating to taxes and to collect evidences in support of tax offences or tax frauds for recovery of tax with penalty and to suggest prosecutions in fit cases; (v) to carry out functions as authorised by any other law. (b) \tthe Commissioners 110, the Commissioners (Appeals) and the Appellate Joint Commissioners shall perform their functions in respect of such areas, or such persons or classes of persons, or such cases or classes of cases, or such incomes or classes of incomes, as the Board may assign to them; 111(bb) \tthe Commissioner (Large Taxpayer Unit) shall perform his functions in respect of such areas, or such persons or classes of persons, or such cases or classes of cases or such incomes or classes of incomes, as the Board may assign to him; (c)\tthe Inspecting Joint Commissioners and the Deputy Commissioners of Taxes shall perform their functions in respect of such areas, or such persons or classes of persons, or such cases or classes of cases, or such incomes or classes of incomes as the Commissioner to whom they are subordinate may assign to them; and (d)\tother income-tax authorities shall perform such functions as may be assigned to them by the income-tax authority to whom they are subordinate. (2) (a) \tAny area or other jurisdiction or function assigned to an income-tax authority under sub-section (1) may be modified or varied, or may be transferred to any other income-tax authority with respect to areas, persons or classes of persons, or cases or classes of cases, or proceeding or classes of proceedings; (b) any such transfer as is referred to in clause (a) may be made at any stage of the proceedings and further proceedings may be commenced from the stage at which such transfer takes place. (3) Where more income-tax authorities than one have been assigned the same functions in respect of any area, or persons or classes of persons, or cases or classes of cases, or incomes or classes of incomes, they shall perform those functions in accordance with such allocation or distribution of work as the authority assigning the functions may make. (4) The powers of the Board, Commissioners and Deputy Commissioners of Taxes, to assign any case to any authority, or to transfer any case from one authority to another, or to perform any function or functions under this section, shall include the power in respect of all or any proceedings relating to such case; and except as provided in sub-section (5), no such assignment, transfer or performance of functions shall be called in question by or before any court or other authority. (5) Any person aggrieved by any order passed under this section may, within thirty days of such order, make a representation- (a) \tto the Inspecting Joint Commissioner if the order was passed by a Deputy Commissioner of Taxes; (b) \tto the Commissioner the Commissioners (Appeals) if the order was passed by an Inspecting Joint Commissioner; and (c) \tto the Board if the order was passed by a Commissioner; and any order passed on such representation shall be final.",
"name": "Jurisdiction of income-tax authorities",
"related_acts": "",
"section_id": 7
},
{
"act_id": 672,
"details": "7. Where, in respect of any proceeding under this Ordinance, an income-tax authority is succeeded by another, the income-tax authority so succeeding may continue the proceeding from the stage at which it was left by his predecessor.",
"name": "Exercise of jurisdiction by successor",
"related_acts": "",
"section_id": 8
},
{
"act_id": 672,
"details": "8. All officers and other persons engaged in the performance of any functions under this Ordinance shall, in the matter of discharging those functions, observe and follow such orders, directions or instructions as the Board may issue from time to time: Provided that no order, direction or instruction shall be given so as to interfere with the discretion of the Appellate Joint Commissioners 112or the Commissioners (Appeals) in the exercise of their appellate functions.",
"name": "Officers, etc. to follow instructions of the Board",
"related_acts": "",
"section_id": 9
},
{
"act_id": 672,
"details": "9. In the course of any proceedings under this Ordinance, the Deputy Commissioner of Taxes may be assisted, guided or instructed by any income-tax authority to whom he is subordinate or any other person authorised in this behalf by the Board.",
"name": "Guidance to the Deputy Commissioner of Taxes, etc.",
"related_acts": "",
"section_id": 10
},
{
"act_id": 672,
"details": "10. The Commissioner may, with prior approval of the Board, by general or a special order in writing, direct that in respect of all or any proceedings relating to specified cases or classes of cases or specified persons of classes of persons within his jurisdiction, the powers and functions of the Deputy Commissioner of Taxes, 114Inspecting Joint Commissioner, the Inspecting Additional Commissioner and the Commissioner under this Ordinance shall be exercised by 115Inspecting Joint Commissioner, the Inspecting Additional Commissioner, the Commissioner and the Board, respectively and for the purpose of any proceedings in respect of such cases or persons reference in this Ordinance or the rules made thereunder to the Deputy Commissioner of Taxes, 116Inspecting Joint Commissioner, the Inspecting Additional Commissioner or the Commissioner shall be deemed to be references to 117Inspecting Joint Commissioner, the Inspecting Additional Commissioner, the Commissioner and the Board, respectively.",
"name": "Exercise of assessment functions by the Inspecting Joint Commissioners and the Inspecting Additional Commissioners",
"related_acts": "",
"section_id": 11
},
{
"act_id": 672,
"details": "11. (1) For the purpose of exercising the functions of the Appellate Tribunal under this ordinance, the Government shall establish a Taxes Appellate Tribunal consisting of a President and such other 118 * * * members as the Government may, from time to time, appoint. (2) Omitted by section 28 of অর্থ আইন, ২০০২ (২০০২ সনের ১৪ নং আইন) 119 (3) A person shall not be appointed as a member of the Taxes Appellate Tribunal unless- 120 (i) he was or is a member of the Board or holds the current charge of a member of the Board ; or (ii) he was a Commissioner of Taxes; or (iii) he is a Commissioner of Taxes 121 having at least one year experience as a Commissioner; or (iv) he is a chartered accountant and practised professionally for a period not less than eight years; or (v) he is a cost and management accountant and practised professionally for a period not less than eight years; or (vi) he is an income tax practitioner within the meaning of section 174(2)(f) and practised professionally for not less than twenty years; or (vii) he is a professional legislative expert having not less than eight years' experience in the process of drafting and making financial and tax laws; or (viii) he is an Advocate and practised professionally for not less than ten years in any income tax office 122 ; or 123 (ix) he is, was or has been a District Judge. 124 (4) The Government shall appoint one of the members of the Appellate Tribunal to be the President thereof 125 , who is a member of the Board or holds the current charge of a member of the Board. Explanation.- For the purpose of this section, period of practice as chartered accountant shall include any period of practice as chartered accountant within the meaning of the Chartered Accountants Ordinance, 1961 (X of 1961) 126 or Bangladesh Chartered Accountants Order, 1973 (P. O. No. 2 of 1973) or as registered accountant enrolled on the register of accountants under the Auditor's Certificate Rules, 1950.",
"name": "Establishment of Appellate Tribunal",
"related_acts": "891,306,442",
"section_id": 12
},
{
"act_id": 672,
"details": "12. (1) Unless the President in any particular case or class of cases otherwise directs, the powers and functions of the Appellate Tribunal shall be exercised by Benches of the Appellate Tribunal, hereinafter referred to as Bench, to be constituted by the President. (2) A Bench shall be so constituted that it has not less than two members 127* * * 128. * * *",
"name": "Exercise of power of the Tribunal by Benches",
"related_acts": "",
"section_id": 13
},
{
"act_id": 672,
"details": "13. (1) Subject to the provisions of sub-sections (2) and (3), the decision of bench in any case or on any point shall be given in accordance with the opinion of the majority of its members. (2) Any point on which the members of a Bench are equally divided shall be stated in writing and shall be referred by the President to one or more other members of the Appellate Tribunal for hearing and the Point shall be decided according to the majority of the members of the Appellate Tribunal who have heard it including those who first heard it. (3) Where there are only two members of the Appellate Tribunal and they differ in any case, the Government may appoint an additional member of the Appellate Tribunal for the purpose of hearing the case; and the decision of the case shall be given in accordance with the opinion of the majority of the members of the Appellate Tribunal as constituted with such additional member.",
"name": "Decision of Bench",
"related_acts": "",
"section_id": 14
},
{
"act_id": 672,
"details": "14. Notwithstanding anything contained in section 12, the Government may direct that the powers and functions of the Appellate Tribunal shall be exercised by any one of its members, or by two or more members jointly or severally.",
"name": "Exercise of power by one member",
"related_acts": "",
"section_id": 15
},
{
"act_id": 672,
"details": "15. Subject to the provisions of this Ordinance, the Appellate Tribunal shall regulate its own procedure and the procedure of its Benches in matters arising out of the discharge of its functions including the places at which a Bench shall hold its sittings.",
"name": "Regulation of procedure",
"related_acts": "",
"section_id": 16
},
{
"act_id": 672,
"details": "16. (1) Where an Act of Parliament provides that income-tax shall be charged for any assessment year at any rate or rates, income-tax at that rate or those rates shall, subject to the provisions of that Act, be charged, levied, paid and collected in accordance with the provisions of this Ordinance in respect of the total income of the income year or income years, as the case may be, of every person: Provided that where under the provisions of this Ordinance income-tax is to be charged in respect of the income of a period other than the income year, income-tax shall be charged, levied, paid and collected accordingly. (2) Where under the provisions of this Ordinance income-tax is to be deducted at source, or paid or collected in advance, it shall be deducted, paid and collected accordingly. 129(3) Notwithstanding anything contained in sub-section (1), income tax shall be charged at the rates specified in Chapter VII and the Second Schedule in respect of-(i) any income classifiable under the head “Capital gains”;(ii) any income by way of “dividend” referred to in clause (26) of section 2; and(iii) any income by way of “winnings” referred to in section 19(13).",
"name": "Charge of income-tax",
"related_acts": "",
"section_id": 17
},
{
"act_id": 672,
"details": "13016A. (1) Where any Act of Parliament enacts that a surcharge on income shall be charged for any assessment year at any rate or rates, such surcharge at that rate or those rates shall be charged for that year in respect of the total income of the income year or the income years, as the case may be, of every person. (2) All the provisions of this Ordinance relating to charge, assessment, deduction at source, payment in advance, collection, recovery and refund of income tax shall, so far as may be, apply to the charge, assessment, deduction at source, payment in advance, collection, recovery and refund of the surcharge.",
"name": "Charge of surcharge",
"related_acts": "",
"section_id": 18
},
{
"act_id": 672,
"details": "13113216B. Charge of additional tax.-Notwithstanding anything contained in any other provision of this Ordinance, where any person employs or allows, without prior approval of the 133appropriate authority of the Government, any individual not being a Bangladeshi citizen to work at his business or profession at any time during the income year, such person shall be charged additional tax at the rate of fifty percent (50%) of the tax payable on his income or taka five lakh, whichever is higher in addition to tax payable under this Ordinance.",
"name": "Charge of additional tax",
"related_acts": "",
"section_id": 19
},
{
"act_id": 672,
"details": "16BB. Where under the provisions of this Ordinance any interest, amount or any other sum, by whatever name called, is to be charged in addition to tax, it shall be charged, levied, paid and collected accordingly.",
"name": "Charge of additional amount, etc",
"related_acts": "",
"section_id": 20
},
{
"act_id": 672,
"details": "16BBB. Where under the provisions of this Ordinance any minimum tax is to be charged, it shall be charged, levied, paid and collected accordingly.",
"name": "Charge of minimum tax",
"related_acts": "",
"section_id": 21
},
{
"act_id": 672,
"details": "134***",
"name": "Omitted",
"related_acts": "",
"section_id": 22
},
{
"act_id": 672,
"details": "135***",
"name": "Omitted",
"related_acts": "",
"section_id": 23
},
{
"act_id": 672,
"details": "136***",
"name": "Omitted",
"related_acts": "",
"section_id": 24
},
{
"act_id": 672,
"details": "16D. Charge of dividend distribution tax- Omitted by section 10 of অর্থ আইন, ২০০৫ (২০০৫ সনের ১৬ নং আইন), which was inserted by section 18 of অর্থ আইন, ২০০৩ (২০০৩ সনের ১৭ নং আইন).",
"name": "Omitted",
"related_acts": "930,904",
"section_id": 25
},
{
"act_id": 672,
"details": "137***",
"name": "Omited",
"related_acts": "",
"section_id": 26
},
{
"act_id": 672,
"details": "13816F. Notwithstanding anything contained in this Ordinance or any other law for the time being in force, if in an income year, the amount of stock dividend declared or distributed exceeds the amount of cash dividend declared ordistrbuted or without declaration or distribution of any cash divided by a company registered under কোম্পানী আইন, ১৯৯৪ (১৯৯৪ সনের ১৮ নং আইন) and listed to any stock exchange, tax shall be payable at the rate of ten per cent on the whole amount of stock dividend declared or distributed in that income year.",
"name": "Charge of tax on stock dividend",
"related_acts": "788",
"section_id": 27
},
{
"act_id": 672,
"details": "16G. Notwithstanding anything contained in this ordinance or any other law for the time being in force, if in an income year, the total amount transferred to retained earnings or any fund, reserve or surplus, called by whatever name, by a company registered under কোম্পানী আইন, ১৯৯৪ (১৯৯৪ সনের ১৮ নং আইন) and listed to any stock exchange exceeds seventy per cent of the net income after tax, tax shall be payable at the rate of ten per cent on the total amount so transferred in that income year.",
"name": "Charge of tax on retained earnings, reserves, surplus etc",
"related_acts": "788",
"section_id": 28
},
{
"act_id": 672,
"details": "13916H. Where, in any income year, the assessee has, in the statements submitted by him,(a) claimed to have carried on any import or export, and the amount paid or received for such import or export respectively, as shown in the statement, is found to be different from the actual transaction value, or (b) claimed to have made any investment and the actual of investment is found to be lower than the amount of investment disclosed in the statement, tax, without prejudice to any other provisions of this Ordinance, shall be payable at the rate of fifty percent (50%) on the amount of the difference as mentioned in clause (a) or on the difference between the disclosed and the actual amount of investment as mentioned in clause (b), as the case maybe.",
"name": "Charge of tax on the difference of investment, import and export",
"related_acts": "",
"section_id": 29
},
{
"act_id": 672,
"details": "17. (1) Subject to the provisions of this Ordinance the total income of any income year of any person includes- (a) \tin relation to a person who is a resident, all income, from whatever source derived, which- (i) \tis received or deemed to be received in Bangladesh by or on behalf of such person in such year; or (ii) \taccrues or arises, or is deemed to accrue or arise to him in Bangladesh during that year; or (iii)\taccrues or arises to him outside Bangladesh during that year; and (b)\tin relation to a person who is a non-resident, all income from whatever source derived, which- (i) \tis received or deemed to be received in Bangladesh by or on behalf of such person in such year; or (ii) \taccrues or arises, or is deemed to accrue or arise, to him in Bangladesh during that year. (2) Notwithstanding anything contained in sub-section (1), where any amount consisting of either the whole or a part of any income of a person has been included in his total income on the basis that it has accrued or arisen, or is deemed to have accrued or arisen, to him in any year, it shall not be included again in his total income on the ground that it is received or deemed to be received by him in Bangladesh in another year.",
"name": "Scope of the total income",
"related_acts": "",
"section_id": 30
},
{
"act_id": 672,
"details": "18. The following income shall be deemed to accrue or arise in Bangladesh, namely:- (1) any income which falls under the head “Salaries”, wherever paid if- (a) \tit is earned in Bangladesh; or (b) \tit is paid by the Government or a local authority in Bangladesh to a citizen of Bangladesh in the service of such Government or authority; 140(2) any income accruing or arising, whether directly or indirectly , through or from- (a) any permanent establishment in Bangladesh; or (b) any property, asset, right or other source of income, including intangible property, in Bangladesh; or (c) the transfer of any assets situated in Bangladesh; or (d) the sale of any goods or services by any electronic means to purchasers in Bangladesh; or (e) any intangible property used in Bangladesh. Explanation.- For the purpose of clause (2)- (a) the shares of any company which is a resident in Bangladesh shall be deemed to be property in Bangladesh; (b) intangible property shall be deemed to be property in Bangladesh if it is- (i) registered in Bangladesh; or (ii) owned by a person that is not a resident of Bangladesh but has a permanent establishment in Bangladesh to which the intangible property is attributed; (c) the transfer of any share in a company that is not a resident of Bangladesh shall be deemed to be the transfer of an asset situated in Bangladesh to the extent that the value of the share transferred is directly or indirectly attributable to the value of any assets in Bangladesh; (3) any dividend paid outside Bangladesh by a Bangladeshi company; (4) any income by way of interest payable- (a)\tby the Government; or (b)\tby a person who is a resident, except where the interest is payable in respect of any debt incurred, or moneys borrowed and used, for the purposes of a business or profession carried on by such person outside Bangladesh or for the purpose of making or earning any income from any source outside Bangladesh; or (c) \tby a person who is a non-resident where the interest is in respect of any debt incurred, or moneys borrowed and used for the purposes of a business or profession carried on by such person in Bangladesh or for the purposes of making or earning any income from any source in Bangladesh; (5) any income by way of fees for technical services payable- (a)\tby the Government; or (b)\tby a person who is a resident, except where such fees are payable in respect of services utilised in a business or profession carried on by any such person outside Bangladesh or for the purposes of making or earning any income from any source outside Bangladesh; or (c) \tby a person who is a non-resident where such fees are payable in respect of services utilised in a business or profession carried on by such person in Bangladesh or for the purposes of making or earning any income from any source in Bangladesh; (6) any income by way of royalty payable- (a)\tby the Government; or (b)\tby a person who is a resident, except where the royalty is payable in respect of any right, property or information used or services utilised for the purposes of a business or profession carried on by such person outside Bangladesh or for the purposes of making or earning any income from any source outside Bangladesh; or (c) \tby a person who is a non-resident where the royalty is payable in respect of any right, property or information used or services utilised for the purposes of a business or profession carried on by such person in Bangladesh or for the purposes of making or earning any income from any source in Bangladesh.",
"name": "Income deemed to accrue or arise in Bangladesh",
"related_acts": "",
"section_id": 31
},
{
"act_id": 672,
"details": "19. (1) Where any sum is found credited in the books of an assessee maintained for any income year and the assessee offers no explanation about the nature and source thereof, or the explanation offered is not, in the opinion of the Deputy Commissioner of Taxes, satisfactory, the sum so credited shall be deemed to be his income for that income year classifiable under the head “Income from other sources”. (2) Where, in any income year, the assessee has made investments or is found to be the owner of any bullion, jewellery or other valuable article and the Deputy Commissioner of Taxes finds that the amount expended on making such investments or in acquiring such bullion, jewellery or other valuable article exceeds the amount recorded in this behalf in the books of account maintained by the assessee for any source of income and the assessee offers no explanation about the excess amount or the explanation offered is not, in the opinion of the Deputy Commissioner of Taxes, satisfactory, the excess amount shall be deemed to be the income of the assessee for such income year classifiable under the head “Income from other sources”. (3) Where, in any income year, the assessee has incurred any expenditure and he offers no explanation about the nature and source of the money for such expenditure, or the explanation offered is not in the opinion of the Deputy Commissioner of Taxes, satisfactory, the amount of the expenditure shall be deemed to be the income of the assessee for such income year classifiable under the head “Income from other sources”. (4) Where, in the financial year immediately preceding the assessment year, the assessee has made investments which are not recorded in the books of account, if any, maintained by him for any source of income, and the assessee offers no explanation about the nature and source of fund for the investments, or the explanation offered is not, in the opinion of the Deputy Commissioner of Taxes, satisfactory, the value of the investments shall be deemed to be the income of the assessee for such financial year classifiable under the head “Income from other sources”. (5) Where, in the financial year immediately preceding the assessment year, the assessee is found to be the owner of any money, bullion, jewellery or other valuable article which is not recorded in the books of account, if any, maintained by him for any source of income, and the assessee offers no explanation about the nature and source of fund for the acquisition of the money, bullion, jewellery or other valuable article, or the explanation offered is not, in the opinion of the Deputy Commissioner of Taxes, satisfactory, the money or the value of the bullion, jewellery or other valuable article, shall be deemed to be the income of the assessee for such financial year classifiable under the head “Income from other sources”. (6) Any income derived by an assessee in any income year (hereinafter in this sub-section referred to as the said income year) from any business or profession, which has been or was, discontinued at any time before the commencement, or during the courses, of the said income year shall, if such income would have been chargeable to tax if it had been received in the income year in which it accrued or arose, be deemed to be income chargeable to tax from such business or profession which shall, for the purposes of this Ordinance, be deemed to have been carried on before the commencement, or during the course, of the said income year. (7) Any dividend declared or distributed by a company shall be deemed to be the income of the 141 income year in which it is received and shall be included in the total income of the assessee of that year. (8) Where any assets, not being stock-in-trade 142***, are purchased by an assessee from any company and the Deputy Commissioner of Taxes has reason to believe that the price paid by the assessee is less than the fair market value thereof, the difference between the price so paid and the fair market value thereof, the difference between the price so paid and the fair market value shall be deemed to be income of the assessee classifiable under the head “Income from other sources”. (9) Where any lump sum amount is received or receivable by an assessee during any income year on account of salami or premia receipts by virtue of any lease, such amount shall be deemed to be income of the assessee of the income year in which it is received and classifiable under the head “Income from other sources”: Provided that at the option of the assessee such amount may be allocated for the purpose of assessment proportionately to the years covered by the entire lease period, but such allocation shall in no case exceed five years. (10) Where any amount is received by an assessee during any income year by way of goodwill money or receipt in the nature of compensation or damages for cancellation or termination of contracts and licences by the Government or any person, such amount shall be deemed to be the income of such assessee for that income year classifiable under the head “Income from other sources”. (11) Where any benefit or advantage, whether convertible into money or not, is derived by an assessee during any income year on account of cancellation of indebtedness 143 * * *, the money value of such advantage or benefit shall be deemed to be his income for that income year classifiable under the head “Income from other sources” 144 : 145 Provided that the provisions of this sub-section shall not apply in case of a loan or interest waived in respect of an assessee 146being individual by a commercial bank including Bangladesh Krishi Bank, Rajshahi Krishi Unnayan Bank, 147 Bangladesh Development Bank Ltd., or a leasing company or a financial institution registered under আর্থিক প্রতিষ্ঠান আইন, ১৯৯৩ (১৯৯৩ সনের ২৭ নং আইন) 148 : Provided further that the provisions of this sub-section shall not apply in case of a benefit or advantage, of an assessee being an individual, not exceeding taka ten lakh resulting from the waiver of margin loan or interest thereof by a holder of Trading Right Entitlement Certificate (TREC) as defined under এক্সচেঞ্জেস ডিমিউচ্যুয়ালাইজেশন আইন, ২০১৩ (২০১৩ সনের ১৫ নং আইন) in respect of the assessee’s investment in shares, debentures, mutual funds or securities transacted in the stock exchange; (12) Any managing agency commission including compensation received during any income year by an assessee for termination of agencies or any modification of the terms and conditions relating thereto shall be deemed to be his income for that income year classifiable under the head “Income from other sources”. (13) Any amount received by an assessee during any income year by way of winnings from lotteries, crossword puzzles, card games and other games of any sort or from gambling or betting in any form or of any nature whatsoever shall be deemed to be his income for that income year classifiable under the head “Income from other sources”. (14) Any profits and gains derived in any income year from any business of insurance carried on by a mutual insurance association computed in accordance with the provisions of paragraph 8 of the Fourth Schedule shall be deemed to be the income of such association for that income year. (15) Where, for the purpose of computation of income of an assessee under section 28, any deduction has been made for any year in respect of any loss, bad debt, expenditure or trading liability incurred by the assessee, and- (a) subsequently, during any income year, the assessee has received 149 except as provided in clause (aa), whether in cash or in any other manner whatsoever, any amount in respect of such loss, bad debt, or expenditure, the amount so received shall be deemed to be his income from business or profession during that income year; 150 (aa) such amount on account of any interest which was to have been paid to any commercial bank or the 151 Bangladesh Development Bank Ltd.or on account of any share of profit which was to have been paid to any bank run on Islamic principles and which was allowed as a deduction in respect of such expenditure though such interest or share of profit was not paid by reason of the assessee having maintained his accounts on mercantile basis, within 152 three years after expiry of the income year in which it was allowed, shall, to such extent as it remains unpaid, be deemed to be income of the assessee from business or profession during the income year immediately following the expiry of the said 153 three years; (b) the assessee has derived, during any income year, some benefit in respect of such trading liability, the value of such benefit, if it has not already been treated as income under clauses (c), shall be deemed to be his income from business or profession during that income year; (c) such trading liability or portion thereof as has not been paid within three years of the expiration of the income year in which deduction was made in respect of the liability, such liability or portion, as the case may be, shall be deemed to be the income of the assessee from business or profession during the income year immediately following the expiry of the said three years; and the business or profession in respect of which such allowance or deduction was made shall, for the purposes of section 28, be deemed to be carried on by the assessee in that year: 154 Provided that where any interest or share of profit referred to in clause (aa) or a trading liability referred to in clause (c) is paid in a subsequent year, the amount so paid shall be deducted in computing the income in respect of that year. (16) Where any building, machinery or plant having been used by an assessee for purpose of any business or profession carried on by him is disposed of during any income year and the sale proceeds thereof exceeds the written down value, so much of the excess as does not exceed the difference between the original cost and the written down value shall be deemed to be the income of the assessee for that income year classifiable under the head “Income from business or profession”. (17) Where any machinery or plant exclusively used by an assessee for agricultural purposes has been disposed of in any income year and the sale proceeds thereof exceeds the written down value, so much of the excess as does not exceed the difference between the original cost and the written down value shall be deemed to be the income of the original cost and the written down value shall be deemed to be the income of the assessee for that income year classifiable under the head “Agricultural income”. (18) Where any insurance, salvage or compensation moneys are received in any income year in respect of any building, machinery or plant which having been used by the assessee for the purpose of business or profession is discarded, demolished or destroyed and the amount of such moneys exceed the written down value of such building, machinery or plant, so much of the excess as does not exceed the difference between the original cost and the written down value less the scrap value shall be deemed to be the income of the assessee for that income year classifiable under the head “Income from business or profession”. (19) Where any insurance, salvage or compensation moneys are received in any income year in respect of any machinery or plant which having been used by the assessee exclusively for agricultural purpose is discarded, demolished or destroyed and the amount of such moneys exceed the written down value of such machinery or plant, so much of the excess as does not exceed the difference between the original cost and the written down value less the scrap value shall be deemed to be the income of the assessee for that income year classifiable under the head “Agricultural income”. (20) Where an asset representing expenditure of a capital nature on scientific research within the meaning of section 29 (1) (xx) is disposed of during any income year, so much of the sale proceeds as does not exceed the amount of the expenditure allowed under the said clause shall be deemed to be the income of the assessee for that income year classifiable under the head “Income from business or profession”. Explanation 1.- For the purposes of this sub-section and sub-sections (16) and (17), “sale proceeds” shall have the same meaning as in the Third Schedule. Explanation 2.- For the purposes of this sub-section and sub-sections (16) and (18), the business or profession in which the building, machinery, plant or assets, as the case may be, was used before its disposal, shall be deemed to be carried on by the assessee during the income year in which such disposal takes place. 155 156 (21) Where any sum is claimed or shown to have been received as loan 157, advance or deposit of any kind called by whatever name, or gift by an Assessee otherwise than by a bank transfer, the amount so received shall be deemed to be the income of such Assessee for the income year in which such loan 158, advance or deposit of any kind called by whatever name, or gift was received, and shall be classifiable under the head “Income from other sources”: Provided that- (a) where a loan or part thereof, which was deemed as the income under this sub-section and included in the total income of the Assessee, is repaid 159or converted into consideration for any goods or services in a subsequent income year, the amount so repaid 160or converted into consideration for any goods or services shall be deducted in computing the income of the Assessee for that income year; (b) a loan shall not be deemed to be an income under this sub-section if the loan is taken from a banking company or a financial institution; 161(bb) deposits received by a Bank or a financial institution or an organization registered with Micro Credit Regulatory Authority or NGO Affairs Bureau shall not be deemed to be an income under this sub-section. (c) a loan or a gift received by an Assessee, being an individual, shall not be deemed to be the income under this sub-section, if- (i) the aggregate amount of such loan or gift received in an income year does not exceed five lakh taka; or (ii) the loan or the gift is received from spouse or parents 162or sons or daughters of the Assessee, and a banking channel or a formal channel is involved in the process of such loan or gift. 163*** 164 *** 165 *** (22) Where an assessee, being the owner of a house property, receives from any person to whom such house property or any part thereof is let out any amount which is not adjustable against the rent payable, the amount so received shall be deemed to be income of the assessee for the income year in which it is received and be classifiable under the head “income from house property”: Provided that at the option of the assessee such amount may be allocated, for the purpose of assessment in equal proportion to the year in which such amount is received and the four years next following: Provided further that where such amount or part thereof is refunded by the assessee in a subsequent income year the amount so refunded shall be deducted in computing the income of the assessee in respect of that income year. 166(22A) Where an assessee, being the owner of a house property, recieved, from any person to whom such house property or any part thereof is let out, any amount exceeding taka 2 lakh other than bank transfer which is adjustable against the rent receivable, the amount shall be deemed to be the “Income from house property” of the assessee for the income year in which it is received:Provided that where such amount is received through bank transfer, the amount shall be adjusted within five years after the year of receipt or the period of agreement whichever is lower, if after the expiry of the aforesaid period such amount or any part thereof remains unadjusted, the amount remained so unadjusted shall be deemed to be the “Income from house property” of the assessee in the income year in which such amount remains unadjusted.Explanation.¾In this sub-section, “bank transfer” means transfer from the account of the giver to the account of the receiver, and such accounts are maintained in a bank or financial institution legally authorised to operate accounts. (23) Where during any income year an assessee, being an exporter of garments, transfers to any person, the export quota or any part thereof allotted to him by the Government, such portion of the export value of the garments exportable against the quota so transferred as may be prescribed for this purpose shall be deemed to be income of the assessee for that income year, classifiable under the head “Income from business or profession”. 167 168 (24) Where a company, not listed with any stock exchange, receives paid up capital from any shareholder during any income year in any other mode excepting by crossed cheque or bank transfer, the amount so received as paid up capital shall be deemed to be the income of such company for that income year and be classifiable under the head \"Income from other sources\". 169 *** 170 171 *** (27) Where an assessee, being a company, purchases directly or on hire one or more motor car or jeep and value of any motor car or jeep exceeds ten percent of its 172 paid up capital together with reserve and accumulated profit, then fifty percent of the amount that exceeds such ten percent of the 173 paid up capital together with reserve and accumulated profit shall be deemed to be the income of such assessee for that income year classifiable under the head \"Income from other sources\". 174 *** 175 (29) Where an assessee, not being an assessee engaged in real estate business during any income year, purchases on credit any material for the purpose of construction of building or house property or its unit and fails to pay the sum or any part thereof representing the liability in respect of such purchase, the sum or any part thereof, 176 which has not been paid within two years from the end of the income year in which the purchase was made, shall be deemed to be the income of the assessee for the income year immediately following the expiry of the said two years and be classifiable under the head \"Income from other sources”. (30) Where an assessee, in the course of any proceedings under this Ordinance, is found to have any sum or part thereof allowed or deducted but not spent in accordance with the provision of clause (h) of sub-section (1) of section 25 of this Ordinance, such unspent sum or part thereof shall be deemed to be the income of such assessee for that income year classifiable under the head “Income from house property”. 177 (31) Where an assessee files a revised return or an amended return under sections 78, 82BB or 93 and shows in such revised return or amended return any income that is subject to tax exemption or a reduced tax rate 178or any income derived from the sources mentioned in paragraph 33 of Part A of THE SIXTH SCHEDULE, so much of such income as exceeds the amount shown in the original return shall be deemed to be income of the assesseefor that income year classifiable under the head \"Income from other sources. 179Explanation.¾For the purpose of this sub-section income that is subject to tax exemption or a reduced tax rate does not include the exclusions from total income as mentioned in PART A of the THE SIXTH SCHEDULE 180(32) Where any payment made for acquiring any asset or constitutes any asset and tax has not been deducted therefrom in accordance with Chapter VII, such payment shall be deemed to be the income of the person responsible for making the payment under this Ordinance and classifiable under the head “Income from other source” in the income year in which the payment was made.",
"name": "Un-explained investments, etc., deemed to be income",
"related_acts": "781,1115",
"section_id": 32
},
{
"act_id": 672,
"details": "181***",
"name": "Omitted",
"related_acts": "",
"section_id": 33
},
{
"act_id": 672,
"details": "182***",
"name": "Omitted",
"related_acts": "",
"section_id": 34
},
{
"act_id": 672,
"details": "183Omitted",
"name": "Omitted",
"related_acts": "",
"section_id": 35
},
{
"act_id": 672,
"details": "184****",
"name": "Omitted",
"related_acts": "",
"section_id": 36
},
{
"act_id": 672,
"details": "185***",
"name": "Omitted",
"related_acts": "",
"section_id": 37
},
{
"act_id": 672,
"details": "18619AAAAAA. 1. Notwithstanding anything contained in this Ordinance or any other law for the time being in force, no question as to the source of any sum, if invested in between first day of July, 2021 and thirtieth day of June, 2022 (both days inclusive), in new industrial undertaking shall be raised by any authority if an individual pays on or before the thirtieth day of June, 2022, tax at the rate of ten percent (10%) on the sum so invested.2. Tax under this section shall only be payable by pay order or by automated challan, as the case may be.",
"name": "Special Tax Treatment in respect of investment in new industrial undertaking",
"related_acts": "",
"section_id": 38
},
{
"act_id": 672,
"details": "187***",
"name": "19B Omitted",
"related_acts": "",
"section_id": 39
},
{
"act_id": 672,
"details": "188***",
"name": "19BB Omitted",
"related_acts": "",
"section_id": 40
},
{
"act_id": 672,
"details": "189***",
"name": "19BBB Omitted",
"related_acts": "",
"section_id": 41
},
{
"act_id": 672,
"details": "190***",
"name": "19BBBBOmitted",
"related_acts": "",
"section_id": 42
},
{
"act_id": 672,
"details": "19219BBBBB. (1) Notwithstanding anything contained in this Ordinance, source of any sum invested by any person, in the construction or purchase of any 193building or apartment shall be deemed to have been explained if the assessee pays, before the assessment for the relevant assessment year in which the investment is completed, tax at the following rate –(a) for building or apartment situated in the area of Gulshan Model Town, Banani, Baridhara, Motijheel Commercial Area and Dilkusha Commercial Area of Dhaka¾(i) taka four thousand per square meter in the case of a building or an apartment the plinth area of which does not exceed two hundred square meter;(ii) taka five thousand per square meter in the case of a building or an apartment the plinth area of which exceeds two hundred square meter;(b) for building or apartment situated in the area of Dhanmandi Residential Area, Defence Officers Housing Society (DOHS), Mahakhali, Lalmatia Housing Society, Uttara Model Town, Bashundhara Residential Area, Dhaka Cantonment, Kawran Bazar, Bijaynagar, Segunbagicha, Nikunja of Dhaka, and Panchlaish, Khulshi, Agrabad and Nasirabad Area of Chattogram¾(i) taka three thousand per square meter in the case of a building or an apartment the plinth area of which does not exceed two hundred square meter;(ii) taka three thousand and five hundred per square meter in the case of a building or an apartment the plinth area of which exceeds two hundred square meter;(c) for building or apartment situated in the area of any City Corporation other than areas mentioned in clauses (a) or (b)¾(i) taka eight hundred per square meter in the case of a building or an apartment the plinth area of which does not exceed one hundred and twenty square meter;(ii) taka one thousand per square meter in the case of a building or an apartment the plinth area of which exceeds one hundred and twenty square meter but does not exceed two hundred square meter;(iii) taka one thousand and five hundred per square meter in the case of a building or an apartment the plinth area of which exceeds two hundred square meter;(d) for building or apartment situated in the area of a Paurasabha of any district headquarters¾(i) taka three hundred per square meter in the case of a building or an apartment the plinth area of which does not exceed one hundred and twenty square meter;(ii) taka five hundred per square meter in the case of a building or an apartment the plinth area of which exceeds one hundred and twenty square meter but does not exceed two hundred square meter;(iii) taka seven hundred per square meter in the case of a building or an apartment the plinth area of which exceeds two hundred square meter;(e) for building or apartment situated in the area other than the areas mentioned in clauses (a) to (d)¾(i) taka two hundred per square meter in the case of a building or an apartment the plinth area of which does not exceed one hundred and twenty square meter;(ii) taka three hundred per square meter in the case of a building or an apartment the plinth area of which exceeds one hundred and twenty square meter but does not exceed two hundred square meter;(iii) taka five hundred per square meter in the case of a building or an apartment the plinth area of which exceeds two hundred square meter;(2) The rate of tax mentioned in sub-section (1) shall be twenty per cent higher in case where the assessee already owns a building or an apartment in any City Corporation before such investment is completed; or the assessee makes such investment in two or more buildings or apartments.(3) The rate of tax mentioned in sub-section (1) shall be one hundred per cent higher in case, where¾(a) a notice under section 93 has been issued before submission of such return of income for the reason that any income, asset or expenditure has been concealed or any income or a part thereof has escaped assessment; (b) a notice under clause (f) of section 113 has been issued before submission of such return of income;(c) any proceeding under sections 164, 165 or 166 has been initiated before submission of such return of income. (4) The provision of this section shall not apply where the source of such investment, made by the assessee for the construction or purchase of such 194building or apartment, is¾(a) derived from any criminal activities under any other law for the time being in force; or (b) not derived from any legitimate source.",
"name": "Special tax treatment in respect of investment in *** building, apartmen",
"related_acts": "",
"section_id": 43
},
{
"act_id": 672,
"details": "19519C.- Notwithstanding anything contained in any other provision of this Ordinance, no question as to the source of any sum invested by any person in the purchase of bond issued or caused to be issued under Bangladesh Infrastructure Finance Fund during the period between the first day of July, 2010 and thirtieth day of June, 2012 (both days inclusive), shall be raised if the assessee pays, before the filing of return of income for the relevant income year, tax at the rate of ten per cent on such sum invested.",
"name": "Special tax treatment in respect of investment in the purchase of bond under Bangladesh Infrastructure Finance Fund",
"related_acts": "",
"section_id": 44
},
{
"act_id": 672,
"details": "196* * *",
"name": "19D Omitted",
"related_acts": "",
"section_id": 45
},
{
"act_id": 672,
"details": "19719DD. Notwithstanding anything contained in this Ordinance or any other law for the time being in force, no question shall be raised as to the source of any sum invested in any economic zone declared under section 5 of বাংলাদেশ অর্থনৈতিক অঞ্চল আইন, ২০১০ (২০১০ সনের ৪২ নং আইন) or in any hi-tech park declared under section 22 of বাংলাদেশ হাই-টেক পার্ক কর্তৃপক্ষ আইন, ২০১০ (২০১০ সনের ৮নং আইন) for setting up industrial undertaking engaged in producing goods or services therein within the period from the first day of July, 2019 and the thirtieth day of June, 2024 (both days inclusive) by a company, if tax at the rate of ten per cent is paid on the sum so invested before filing of the return for the concerned income year.",
"name": "Special tax treatment in respect of investment in Economic Zones or Hi-Tech Parks",
"related_acts": "1053,1032",
"section_id": 46
},
{
"act_id": 672,
"details": "19819E. (1) Notwithstanding anything contained in this Ordinance, any person- (a) who has not been assessed to tax for previous assessment year or years and he has not submitted return of income for those year or years may disclose such income in the respective heads of income in the return of income along with the income for the current assessment year; or (b) who has been assessed to tax for previous assessment year or years and any income has escaped assessment in those assessments or the amount of income assessed is less than the actual income, may disclose that income for respective heads of income in the return of income along with the income for the current assessment year. (2) Return of income mentioned in sub-section (1) shall be treated as valid, if- (a) the assessee pays before the submission of return- (i) tax payable at applicable rate on total income including such income under respective heads of income; and (ii) penalty at the rate of ten percent of tax proportionate to such income under respective heads of income; (b) the return of income is submitted within the time specified in 199sub-section (5) of section 75; and (c) a declaration is enclosed with the return of income in respect of the following: (i) name of the person declaring; (ii) head of the declared income and amount thereof; and (iii) amount of tax and penalty paid thereof. (3) The provision of this section shall not apply where- 200(a) a notice under section 93 has been issued before submission of such return of income for the reason that any income, assets or expenditure has been concealed or any income or a part thereof has escaped assessment; (b) a notice on a banking company under clause (f) of section 113 has been issued before submission of such return of income; (c) any proceeding under sections 164, 165 or 166 has been initiated before submission of such return of income; 201*** (d) any income declared under this section is- (i) not derived from any legitimate source of income; or (ii) derived from any criminal activities under any other law for the time being in force202;or (e) any income declared under this section which is – (i) exempted from tax in the concerned income year; or (ii) chargeable to tax at a reduced rate in accordance with section 44 of this Ordinance. (4) The income shown under this section may be invested in any income generating activities or any sector including the following: (a) industrial undertaking including its expansion; (b) balancing, modernization, renovation and extension of an existing industry; (c) building or apartment or land; (d) securities listed with a Stock Exchange in Bangladesh; or (e) any trade, commercial, or industrial venture engaged in production of goods or services.",
"name": "Voluntary disclosure of income.",
"related_acts": "",
"section_id": 47
},
{
"act_id": 672,
"details": "20319F. (1) Notwithstanding anything contained in this Ordinance or any other law for the time being in force, no question as to the source of the undisclosed asset located outside of Bangladesh shall be raised by any authority if an assessee pays, before the submission of return of income applicable for the assessment year 2022-2023, tax at the rate specified in the following table:Table Description of the Asset Rate of tax Any cash or cash equivalents, bank deposits, bank notes, bank accounts, convertible securities and financial instruments if repatriated to Bangladesh through banking channel 7% (2) Where an assessee repatriates any sum from abroad under the scheme of this section, the bank responsible for crediting to the account of the assessee shall deduct tax in accordance with sub-section (1) before crediting and give a certificate of such deduction to the assessee.Subject to sub-section (2), tax under this section shall only be paid by automated challan.The provisions of this section shall not apply to cases where any proceeding has been drawn on account of tax evasion or criminal activities under any provision of this Ordinance or any other law by thirtieth June, 2022.For the purpose of this section, “return” shall include amended return under section 82BB or revised return under section 78 and be submitted by thirtieth day of June, 2023.",
"name": "Special Tax Treatment in respect of undisclosed offshore assets",
"related_acts": "",
"section_id": 48
},
{
"act_id": 672,
"details": "20419G. (1) Without prejudice to any other liability which may incur under any other provision of this Ordinance and any other law for the time being in force, where any person being a resident Bangladeshi is found to be the owner of any offshore asset not disclosed in the return and the assessee offers no explanation about the nature and source thereof or the explanation offered is not satisfactory, the Deputy Commissioner of Taxes shall, after ensuring a reasonable opportunity of being heard, proceed to recover from such person the amount of penalty equal to the fair value of such offshore asset.(2) The Deputy commissioner of Taxes shall have the authority to recover the penalty under this section by confiscating or selling any asset held by or on behalf of the assessee.(3) The Deputy of Commissioner of Taxes shall have the power to conduct an offshore investigation, where he has reason to believe that an assessee has offshore assets not disclosed in the return.(3) To prevent holding undisclosed offshore asset and to recover such undisclosed asset, the Board shall have the power to-(a) take necessary action as it deems fit; or(b) allow, conduct, permit, arrange an inquiry or investigation by any income tax authority not being below the rank of Deputy Commissioner of Taxes.",
"name": "Penalty for any offshore asset not disclosed in the return",
"related_acts": "",
"section_id": 49
},
{
"act_id": 672,
"details": "20. Save as otherwise provided in this Ordinance, all incomes shall, for the purpose of charge of income-tax and computation of total income, be classified and computed under the following heads of income, namely:- (a)\tSalaries. (b) \tInterest on securities. (c) \tIncome from house property. (d) \tAgricultural income. (e) \tIncome from business or profession. (f) \tCapital gains. (g) \tIncome from other sources.",
"name": "Heads of income",
"related_acts": "",
"section_id": 50
},
{
"act_id": 672,
"details": "21. (1) The following income of an assessee shall be classified and computed under the head “Salaries”, namely:- (a) \tany salary due from an employer to the assessee in the income year, whether paid or not; (b) \tany salary paid or allowed to him in the income year, by or on behalf of an employer though not due or before it became due to him; and (c) \tany arrears of salary paid or allowed to him in the income year by or on behalf of an employer, if not charged to income-tax for any earlier income year. (2) Where any amount of salary of an assessee is once included in his total income of an income year on the basis that it had become due or that it had been paid in advance in that year, that amount shall not again be included in his income of any other year.",
"name": "Salaries",
"related_acts": "",
"section_id": 51
},
{
"act_id": 672,
"details": "22. The following income of an assessee shall be classified and computed under the head “Interest on securities”, namely:- (a) \tinterest receivable by the assessee on any security of 205the Government or any security approved by Government ; and (b) \tinterest receivable by him on debentures or other securities of money issued by or on behalf of a local authority or a company.",
"name": "Interest on securities",
"related_acts": "",
"section_id": 52
},
{
"act_id": 672,
"details": "23. (1) In computing the income under the head “Interest on securities”, the following allowances and deduction shall be made, namely:- (a) \tany sum deducted from interest by way of commission or charges by a bank realising the interest on behalf of the assessee; (b) any interest payable on money borrowed for the purpose of investment in the securities by the assessee 206: Provided that no allowance or deduction on account of any interest or commission paid under clause (a) or (b), as the case may be, in respect of, or allocable to the securities of Government which have been issued with the condition that interest thereon shall not be liable to tax, shall be made in computing the income under section 22. 207* * * (2) Notwithstanding anything contained in sub-section (1), no deduction shall be allowed under this section in respect of any interest payable outside Bangladesh on which tax has not been paid or deducted in accordance with the provisions of Chapter VII.",
"name": "Deductions from interest on securities",
"related_acts": "",
"section_id": 53
},
{
"act_id": 672,
"details": "24. (1) The tax shall be payable by an assessee under the head “Income from house property” in respect of the annual value of any property 208, whether used for commercial or residential purposes, consisting of any building 209,furniture, fixture, fittings etc. and lands appurtenant thereto of which he is the owner, other than such portions of the property as he may occupy for the purposes of any business or profession carried on by him, the income from which is assessable to tax under this Ordinance. (2) Where any such property as is referred to in sub-section (1) is owned by two or more persons and their respective shares are definite and ascertainable, such persons shall not constitute and shall not be deemed to be, an association of persons; and for the purpose of computation of the income of an assessee in respect of that property, only such part of such income as is proportionate to the share of the assessee shall be reckoned as his income from that property.",
"name": "Income from house property",
"related_acts": "",
"section_id": 54
},
{
"act_id": 672,
"details": "25. (1) In computing the income under the head ''Income from house property'' the following allowances and deductions shall be made, namely:- (a) any sum payable to Government as land development tax or rent on account of the land comprised in the property; (b) the amount of any premium paid to insure the property against risk of damage or destruction; 210 * * * (d) where the property is subject to mortgage or other capital charge for the purpose of extension or reconstruction or improvement, the amount of any interest payable on such mortgage or charge; (e) where the property is subject to an annual charge not being a capital charge, the amount of such charge; Explanation.- The expression ''annual charge'', as used in this clause, includes any tax leviable, in respect of property or income from property, by local authority or Government but does not include the tax leviable under this Ordinance; (f) where the property is subject to a ground rent, the amount of such rent; (g) where the property has been acquired, constructed, repaired, renewed or reconstructed with borrowed capital 211 from bank or financial institution, the amount of any interest payable on such capital 212 ; 213 (gg) Where the property has been constructed with borrowed capital 214 form bank or financial institution and no income under section 24 was earned from that property during the period of such construction, the interest payable during that period on such capital, in three equal proportionate instalments for subsequent first three years for which income is assessable from that property; 215 (h) in respect of expenditure for repairs, collection of rent, water and sewerage, electricity and salary of darwan, security guard, pump-man, lift-man and caretaker and all other expenditure related to maintenance and provision of basic services: (i) an amount equal to one-fourth of the annual value of the property where the property is used for residential purpose; (ii) an amount equal to thirty per cent of the annual value of the property where the property is used for commercial purpose. 216 * * * (j) where, the whole of the property is let out and it was vacant during a part of the year, a sum equal to such portion of the annual value of the property as is proportionate to the period of the vacancy; and (k) where, the property is let out in parts, a sum equal to such portion of the annual value appropriate to the vacant part as is proportionate to the period of the vacancy of such part. (2) Notwithstanding anything contained in sub-section (1), no deduction shall be allowed under this section in respect of any interest or annual charge payable outside Bangladesh on which tax has not been paid or deducted in accordance with the provisions of Chapter VII. (3) Omitted by section 7 of অর্থ আইন, ১৯৯৩ (১৯৯৩ সনের ১৮ নং আইন)",
"name": "Deductions from income from house property",
"related_acts": "777",
"section_id": 55
},
{
"act_id": 672,
"details": "26. (1) The following income of an assessee shall be classified and computed under the head “Agricultural income”, namely:- (a) \tany income derived by the assessee which comes within the meaning of “agricultural income” as defined in section 2(1); (b) \tthe excess amount referred to in section 19(17); (c) \tthe excess amount referred to in section 19(19). (2) Agricultural income derived from the sale of tea grown and manufactured by the assessee shall be computed in the prescribed manner. (3) Where the Board, by notification in the official Gazette, so directs, agricultural income from the sale of rubber, tobacco, sugar or any other produce grown and manufactured by the assessee may be computed in the manner prescribed for the purpose.",
"name": "Agricultural income",
"related_acts": "",
"section_id": 56
},
{
"act_id": 672,
"details": "27. (1) In computing the income under the head “Agricultural income”, the following allowances and deductions shall be made, namely:- (a) \tany land development tax or rent paid in respect of the land used for agricultural purposes; (b) \tany tax, local rate or cess paid in respect of the land used for agricultural purposes, if such tax, rate or cess is not levied on the income arising or accruing, or deemed to accrue or arise, from agricultural operations or is not assessed at a proportion or on the basis of such income; (c) (i) subject to sub-clauses (ii) and (iii), the cost of production, that is to say, the expenditure incurred for the following purposes, namely:- (a) \tfor cultivating the land or raising livestock thereon; (b) \tfor performing any process ordinarily employed by a cultivator to render marketable the produce of the land; (c) \tfor transporting the produce of the land or the livestock raised thereon to the market; and (d) \tfor maintaining agricultural implements and machinery in good repair and for providing upkeep of cattle for the purpose of cultivation, processing or transportation as aforesaid; (ii) \twhere books of accounts in respect of agricultural income derived from the land are not maintained, the cost of production to be deducted shall, instead of the expenditure mentioned in sub-clause (i), be sixty per cent of the market value of the produce of the land; (iii) no deduction on account of cost of production shall be admissible under this clause if the agricultural income is derived by the owner of the land from the share of the produce raised through any system of sharing of crop generally known as adhi, barga or bhag; (d) \tany sum paid as premium in order to effect any insurance against loss of, or damage to, the land or any crop to be raised from, or cattle to be reared on, the land; (e) \tany sum paid in respect of the maintenance of any irrigation or protective work or other capital assets; and such maintenance includes current repairs and, in the case of protective dykes and embankments, all such work as may be necessary from year to year for repairing any damage or destruction caused by flood or other natural causes; (f) \ta sum calculated at the rate as provided in the Third Schedule on account of depreciation in respect of irrigation or protective work or other capital assets constructed or acquired for the benefit of the land from which agricultural income is derived or for the purpose of deriving agricultural income from the land, if the required particulars are furnished by the assessee; (g) \twhere the land is subject to a mortgage or other capital charge for purposes of reclamation or improvement, the amount of any interest paid in respect of such mortgage or charge; (h) \twhere the land has been acquired, reclaimed or improved by the use of borrowed capital, the amount of any interest paid in respect of such capital; (i) \twhere any machinery or plant which has been used by the assessee exclusively for agricultural purposes has been discarded, demolished or destroyed in the income year, the amount actually written off on that account in the books of accounts of the assessee,- (i) \tsubject to the maximum of the amount by which the written down value of the machinery or plant exceeds the scrap value thereof if no insurance, salvage or compensation money has been received in respect of such machinery or plant; and (ii) \tsubject to the maximum of the amount by which the difference between the written down value and the scrap value exceeds the amount of insurance, salvage or compensation money received in respect of such machinery or plant; (j) \twhere any machinery or plant which has been used by the assessee exclusively for agricultural purposes has been sold or transferred by way of exchange in the income year, the amount actually written off on that account in the books of accounts of the assessee, subject to the maximum of the amount by which the written down value of the machinery or plant exceeds the amount for which it has been actually sold or transferred; and (k) \tany other expenditure, not being in the nature of capital expenditure or personal expenditure, laid out wholly and exclusively for the purpose of deriving agricultural income from the land. (2) \tNotwithstanding anything contained in sub-section (1), no deduction shall be allowed under this section in respect of any interest on which tax has not been paid or deducted in accordance with the provisions of Chapter VII.",
"name": "Deductions from agricultural income",
"related_acts": "",
"section_id": 57
},
{
"act_id": 672,
"details": "28. (1) The following income of an assessee shall be classified and computed under the head \"Income from business or profession\", namely:- (a) profits and gains of any business or profession carried on, or deemed to be carried on, by the assessee at any time during the income year; (b) income derived from any trade or professional association or other association of like nature on account of specific services performed for its members; (c) value of any benefit or perquisite, whether convertible into money or not, arising from business or the exercise of a profession; (d) the amount, the value of the benefit and the trading liability referred to in section 19(15); (e) the excess amount referred to in section 19(16); (f) the excess amount referred to in section 19(18); (g) the sale proceeds referred to in section 19(20) 217; (h) the amount of income under section 19 (23)218; 219(i) the shortfall of capital referred to in sub-section (12) of section 82BB. Explanation.- Where speculative transactions carried on by an assessee are of such a nature as to constitute a business, the business (hereinafter referred to as \"speculation business\") shall be deemed to be distinct and separate from any other business. (2) Notwithstanding anything contained in this Ordinance,- (a) the profits and gains of any business of insurance and the tax payable thereon shall be computed in accordance with the provisions of the Fourth Schedule; (b) the profits and gains from the exploration and production of petroleum (including natural gas) and the tax payable thereon shall be computed in accordance with the provisions of Part A of the Fifth Schedule; (c) the profits and gains of any business which consists of, or includes, the exploration and extraction of such mineral deposits of a wasting nature (not being petroleum and natural gas) as may be specified in this behalf by the Government, carried on by an assessee in Bangladesh shall be computed in accordance with the provisions of Part B of the Fifth Schedule. 220(3) Notwithstanding anything to the contrary contained in any other provisions of the Ordinance, in the case of 221Bangladesh Development Bank Ltd 222, Investment Corporation of Bangladesh 223,any financial institution and any commercial bank including the Bangladesh Krishi Bank and Rajshahi Krishi Unnayan Bank, the income by way of interest in relation to such categories of bad or doubtful debts as the Bangladesh Bank may classify in the income year in which it is credited to its profit and loss account for that year or, as the case may be, in which it is actually received whichever is earlier.",
"name": "Income from business or profession",
"related_acts": "",
"section_id": 58
},
{
"act_id": 672,
"details": "29. (1) In computing the income under the head \"Income from business or profession\", the following allowances and deductions shall be allowed, namely:- (i) the amount of any rent paid for the premises in which the business or profession is carried on: Provided that if a substantial part of the premises is used by the assessee as a dwelling-house, the amount shall be a proportionate part of the rent having regard to the proportionate annual value of the part so used; (ii) the amount paid for the repair of the hired premises in which the business or profession is carried on if the assessee has undertaken to bear the cost of such repair: Provided that if a substantial part of the premises is used by the assessee as a dwelling-house, the amount shall be a proportionate part of the sum paid for such repair having regard to the proportionate annual value of the part so used; (iii) the amount of any interest paid or any profit shared with a bank run on Islamic principles in respect of capital borrowed for the purposes of the business or profession: Provided that if any part of such capital relates to replenishing the cash or to any other asset transferred to 224any other entity, when lending of money is not the business of transfer or, the amount shall be proportionate part of the interest so paid or the profit so shared having regard to the proportion of such capital so used; (iv) any sum paid or credited to any person maintaining a profit and loss sharing account or deposit with a bank run on Islamic principles by way of distribution of profits by the said bank in respect of the said account of deposit; 225*** (vi) the amount paid on account of current repairs to buildings, machinery, plant or furniture used for the purpos (vii) the whole or the proportionate part of the amount of any premium paid for insurance, against risk of damage, destruction or loss of buildings, machinery, plant or furniture, stocks or stores according as the whole or part thereof is used for the purposes of the business or profession; (viii) in respect of depreciation of building, machinery, plant or furniture, being the property of the assessee 226or bridge or road or fly over owned by a physical infrastructure undertaking and used for the purposes of business or profession, the allowances as admissible under the Third Schedule; 227(viiia) in respect of amortization of license fees as admissible under the Third Schedule; (ix) in the case of a ship, being a passenger vessel plying ordinarily on inland waters, or a fishing trawler, which is entitled to a special depreciation allowance under paragraph 8 of the Third Schedule, an investment allowance of an amount equivalent to twenty per cent of the original cost to the assessee for the year in which the ship or the trawler is first put to use for public utility; 228* * * 229* * * (xi) where any building, machinery 230, plant or any other fixed asset not being imported software which, after having been used by the assessee for the purpose of his business, has been discarded, demolished or destroyed in any income year or any such asset has been sold, transferred by way of exchange or compulsorily acquired by a legally competent authority or exported outside Bangladesh in any income year, an obsolescence allowance to the extent and computed in the manner specified in paragraph 10 of the Third Schedule; ((xii) in the case of any animal which has been used by the assessee for the purpose of business or profession otherwise than as stock-in-trade, has died or become permanently useless for such purpose, an amount equivalent to the difference between the original cost of the animal to the assessee and the sum, if any, realised by sale or other disposition of the carcass, as the case may be, of the animal; (xiii) any sum paid on account of land development tax or rent, local rates or municipal taxes in respect of such premises or part thereof as is used by the assessee for the purpose of business or profession; (xiv) any sum paid in the income year to an employee as bonus or commission for services rendered where such sum would not have been payable to him as profits or dividend if it had not been paid as bonus or commission and is reasonable with reference, except in the case of payment of festival bonus, to- (a) the general practice in similar business or profession, (b) the profits of the business or profession in that year, and (c) the pay and other conditions of service of the employee. 231* * * (xv) the amount of any debt or part thereof which is established to have become irrecoverable and has actually been written off as such in the books of accounts of the assessee for the income year if the debt or part thereof has been taken into account in computing the income of the assessee of that income year or an earlier income year and, in the case of the business of banking or money-lending carried on by the assessee, represents money lent in the ordinary course of business; (xvi) where any amount of debt or part thereof which has actually been written off as irrecoverable in the books of accounts of the assessee in any income year but has not been allowed on the ground that it has not then become irrecoverable, so much of such debt or part thereof as has been established to have become irrecoverable in any subsequent income year shall be allowed as a deduction in that income year; (xvii) where any such debt or part thereof is written off as irrecoverable in the books of accounts of the assessee for an income year and the Deputy Commissioner of Taxes is satisfied that such debt or part thereof became irrecoverable in an earlier income year not falling beyond a period of four years immediately preceding the income year in which it was written off, the Deputy Commissioner of Taxes may, notwithstanding anything contained in this Ordinance, allow such debt or part thereof as a deduction for such earlier income year if the assessee accepts such finding of the Deputy Commissioner of Taxes and re-compute the total income of the assessee for such earlier income year and make the necessary amendment; and the provisions of section 173 shall, so far as may be, apply thereto the period of four years referred to in 232the proviso of sub-section (1) of that section being reckoned from the end of the year in which the assessment relating to the income year in which the debt or part thereof is written off was made; 233* * * 234(xviiia) in respect of provision for bad and doubtful debt made by 235Bangladesh Development Bank Ltd for overdue loan, a sum equal to five per cent of such overdue loan or the amount of actual provision for such bad or doubtful debt in the books of the assessee, whichever is the less: Provided that the deduction shall be allowed only in respect of the assessment years 1987-88, 1988-89, 1989-90 and 1990-91: Provided further that if any amount out of the amount so allowed is ultimately recovered, the same shall be deemed to be a profit of the year in which it is recovered; 236(xviiiaa) in respect of provision for bad and doubtful debt and interest thereon made by a commercial bank including the Bangladesh Krishi Bank 237, Karmo shongsthan Bank and the Rajshahi Krishi Unnayan Bank, a sum equal to 238one per cent of the total outstanding loan including interest thereon or the amount of actual provision for such bad or doubtful debt and interest thereon in the books of the assessee, whichever is less: Provided that the provisions of this clause shall apply only in respect of such loan as the Bangladesh Bank may, from time to time, classify as bad or doubtful debt: 239Provided further that the deduction shall be allowed only in respect of the assessment years 1990-91, 1991-92, 1992-93, 1993-94, 1994-95 240,1995-96, 1996-97, 1997-98, 1998-99 241, 1999-2000, 2000-2001 242, 2001-2002, 2002-2003, 2003-2004 243, 2004-2005, 2005-2006 and 2006-2007: Provided further that if any amount out of the amount so allowed is ultimately recovered, the same shall be deemed to be a profit of the year in which it is recovered 244: Provided further that no deduction under this clause shall be allowed in respect of- (a) any amount representing grant allowed by the Government in the form of 15-year Special Treasury Bonds; (b) any loan advanced to any Government organisation, body corporate, local authority, autonomous body, or any other loan guaranteed by the Government; and (c) any debt representing loans advanced to any director of the bank, his nominees or dependants 245; 246* * * (xix) any expenditure, not being in the nature of capital expenditure, laid out or expended on 247research and development in Bangladesh related to the business carried on by the assessee; (xx) any expenditure of a capital nature laid out or expended on 248research and development in Bangladesh related to the business carried on by the assessee: Provided that where a deduction is allowed for any income year under this clause in respect of expenditure represented wholly or partly by any asset, no deduction shall be allowed under clause (viii) or (ix) for the same income year in respect of that asset; (xxi) any sum paid to a scientific research institute, association or other body having as its object the undertaking of scientific research, or to a University, College, Technical School or other Institution for the purpose of scientific research or technical training related to the class of business carried on by the assessee, if such Institute, association or body, or such University, College, Technical School or Institution is, for the time being, approved by the Board for the purpose of this clause. Explanation.- In this clause 249***,- (a) \"scientific research\" means any activities in the field of natural or applied science for the extension of knowledge; (b) references to expenditure incurred on scientific research do not include any expenditure incurred in the acquisition of rights in, or arising out of, scientific research, but save as aforesaid, include all expenditure incurred for the prosecution of, or the provision of facilities for the prosecution of, scientific research; (c) reference to scientific research related to a business or class of business includes- (i) any scientific research which may lend to or facilitate an extension of that business or, as the case may be, all businesses of that class; (ii) any scientific research of a medical nature which has a special relation to the welfare of workers employed in that business or, as the case may be, business of that class; (xxii) any expenditure, not being in the nature of capital expenditure, laid out or expended on any educational institution or hospital established for the benefit of the employees of the assessee, their families and dependents or on the training of industrial workers, if- (a) no charge is made for services rendered by such institution or hospital or for the training of the workers; and (b) no deduction or allowance is claimed for such expenditure under any other clause of this section; (xxiii) any expenditure in the nature of capital expenditure laid out or expended on the construction and maintenance of any educational institution or hospital established by the assessee for the benefit of his employees, their families and dependents, or on any institute for the training of industrial workers, if- (a) no charge is made for the services rendered by such institution or hospital or for the training of the workers; and (b) no deduction or allowance is claimed under any other clause of this section for the same income year in respect of expenditure represented either wholly or partly by any asset; (xxiv) any expenditure laid out or expended on the training of citizens of Bangladesh in connection with a scheme approved by the Board for purposes of this clause; (xxv) any expenditure, not being in the nature of capital expenditure or personal expenses, incurred by an assessee in connection with visits abroad as a member of a trade delegation sponsored by the Government; (xxvi) any sum paid on account of annual membership subscription to a registered trade organisation within the meaning of the Trade Organisations Ordinance, 1961(XLV of 1961), or to a professional institution recognised by the Board in this behalf; (xxvii) any expenditure, not being in the nature of capital expenditure or personal expenses of the assessee, laid out or expended wholly and exclusively for the purpose of the business or profession of the assessee. (2) Where any premises, building, machinery, plant or furniture is not wholly used for the purposes of business or profession, any allowance or deduction admissible under this section shall be restricted to the fair proportional part of the amount which would be allowable if such premises, building, machinery, plant or furniture was wholly so used. Explanation.- For the purposes of this section, the expression \"plant\" includes ships, vehicles, books, scientific apparatus and surgical and other instruments or equipments used for the purpose of business or profession.",
"name": "Deductions from income from business or profession",
"related_acts": "311",
"section_id": 59
},
{
"act_id": 672,
"details": "25030A. Notwithstanding anything contained in sections 28, 29 and 30, the Deputy Commissioner of Taxes shall not make any disallowance or deduction for any year from any claim made by an assessee in the trading account or profit or loss account without specifying reason for such disallowance or deduction.",
"name": "Provision for disallowance",
"related_acts": "",
"section_id": 60
},
{
"act_id": 672,
"details": "30. Notwithstanding anything contained in section 29, no deduction on account of allowance from income from business or profession shall be admissible in respect of the following, namely:- (a) any payment which is an income of the payee classifiable under the head \"Salaries\" if tax thereon has not been paid in accordance with provisions of Chapter VII; 251 (aa) any payment made by an assessee to any person if tax thereon has not been deducted and credited in accordance with the provisions of Chapter VII 252 ***, 253 (aaa) any payment by way of salary to an employee if the employee is required to obtain a twelve-digit Taxpayer’s Identification Number under the provisions of this Ordinance but fails to obtain the same at the time of making such payment; 254 (aaaa) any payment made by way of salary to an employee for whom the statement under section 108A was not provided; (b) any payment by way of interest, salary, commission or remuneration made by a firm or an association of persons to any partner of the firm or any member of the association, as the case may be; (c) any payment by way of brokerage or commission made to a person who is not a resident in Bangladesh unless tax has been deducted therefrom under section 56; (d) any payment to a provident fund or other fund established for the benefit of the employees unless the employer has made effective arrangements to secure that tax shall be deducted at source from any payments made from the fund which are taxable being income falling under the head \"Salaries\"; 255 (e) so much of the expenditure by an assessee on the provision of perquisites, as defined in clause (45) of section 2, to any employee as exceeds taka 256 257ten lakh and to any employee who is a person with disability, as exceeds taka twenty five lakh: Provided that the provision of this clause shall not be applicable to an employer where perquisites were paid to an employee in pursuance of any Government decision published in the official Gazette to implement the recommendation of a Wage Board constituted by the Government; (f) any expenditure in respect of the following as is in excess of the amount or rate prescribed in this behalf and as is not, in the cases of sales and services liable to excise duty, supported by excise stamp or seal, namely:- (i) entertainment; (ii) foreign travels of employees and their dependents for holidaying and recreation; 258*** and (iv) distribution of free samples; 259 (g) any expenditure exceeding ten per cent of the 260 net profit disclosed in the statement of accounts 261 by way of head office or intra-group expense, called by whatever name, by a company, not incorporated in Bangladesh under কোম্পানী আইন, ১৯৯৪ (১৯৯৪ সালের ১৮ নং আইন); 262 (h) so much of the expenditure or aggregate of the expenditure by an assesse by way of royalty, technical services fee, technical know how fee or technical assistance fee or any fee of similar nature, as exceeds the following: (i) For the first three income years from the commencement of the business or profession Ten percent (10%) of the 263net profit from business or profession, excluding any profit or income of subsidiary or associate or joint venture, disclosed in the statement of accounts; (ii) For subsequent income years Eight percent (8%) of the 264net profit from business or profession, excluding any profit or income of subsidiary or associate or joint venture, disclosed in the statement of accounts;”। ; (i) any payment by way of salary or remuneration madeotherwise than by 265*** bank transfer by a person to any employee having gross monthly salary of taka 266twenty thousand or more; 267(ii) any payment exceeding Taka five lakhs paid by a person on account of purchase of raw materials otherwise than by bank transfer; (j) any expenditure by way of incentive bonus exceeding ten per cent of the 268 net profit disclosed in the statement of accounts; (k) any expenditure by way of overseas traveling exceeding 269zero point five zero percent (0.50%) of the disclosed 270business turnover 271 272 : Provided that nothing of this clause shall apply to the overseas traveling expenses by an assessee engaged in providing any service to the Government where overseas traveling is a key requirement of that service; (l) any payment by way of commission paid or discount made to its shareholder director by a company; 273(m) any payment by a person exceeding taka fifty thousand or more, otherwise than by bank transfer excluding-(i) salary or remuneration made to any employee, without prejudice to an obligation referred to in clause (i) ;(ii) any payment for government obligation;(iii) any payment on account of purchase of raw materials; 274 ; (n) any payment by way of any rent of any property, whether used for commercial or residential purposes, otherwise than by 275*** bank transfer 276 ; (o) any payment made to a person who is required to obtain a twelve-digit Taxpayer’s Identification Number under clauses (xxviii), (xxix) and (xxx) of sub-section (3) of section 184A but fails to hold the same at the time of payment. 277(p) any promotional expense exceeding zero point five zero percent (0.50%) of the disclosed business turnover. 278Explanation-1.-For the purpose of the clause (p), ‘promotional expense’ means any expense incurred by way of giving any benefit in kind or cash or in any other form to any person for the promotion of business or profession.279***",
"name": "Deduction not admissible in certain circumstances",
"related_acts": "788",
"section_id": 61
},
{
"act_id": 672,
"details": "28030B. Notwithstanding anything contained in section 82C or any loss or profit computed under the head “Income from business or profession”, the amount of disallowances made under section 30 shall be treated separately as “Income from business or profession” and the tax shall be payable thereon at the regular rate.",
"name": "Treatment of disallowances",
"related_acts": "",
"section_id": 62
},
{
"act_id": 672,
"details": "31. Tax shall be payable by an assessee under the head “Capital gains” in respect of any profits and gains arising from the transfer of a capital asset and such profits and gains shall be deemed to be the income of the income year in which the transfer took place. 281***",
"name": "Capital gains",
"related_acts": "",
"section_id": 63
},
{
"act_id": 672,
"details": "28231A. Tax shall be payable by an assessee on “capital gains from the transfer of business or undertaking” in respect of any profits and gains arising from the transfer of business or undertaking in its entirety with all of its assets and liabilities and such profits and gains shall be deemed to be the income of the assessee in respect of the income year during which the transfer takes place.",
"name": "Capital gains from the transfer of business or undertaking",
"related_acts": "",
"section_id": 64
},
{
"act_id": 672,
"details": "32. (1) The income under the head “Capital gains” shall be computed after making the following deduction from the full value of the consideration received or accruing from the transfer of the capital asset or the fair market value thereof, whichever is higher, namely:- (a) any expenditure incurred solely in connection with the transfer of the capital asset; or (b) the cost of acquisition of the capital asset and any capital expenditure incurred for any improvements thereto but excluding any expenditure in respect of which any allowance is admissible under any provisions of sections 23, 29 and 34. (1A) Omitted by section 4 of অর্থ আইন, ১৯৯৬ (১৯৯৬ সনের ১৮ নং আইন). (2) For the purpose of this section, “cost of acquisition of the capital asset” means- (i) where it was acquired by the assessee by purchase, the actual cost of acquisition; and (ii) where it became the property of the assessee- 283 * * * 284 285 * * * (cc) under a deed of gift, bequest or will; or (ccc) under a transfer on a revocable or irrevocable trust; or (d) on any distribution of capital assets on the liquidation of a company; or (e) on any distribution of capital assets on the dissolution of a firm or other association of persons or the partition of a Hindu undivided family; the actual cost of acquisition to the previous owner of the capital asset as reduced by the amount of depreciation, if any, allowed to the previous owner; and where the actual cost of acquisition to the previous owner cannot be ascertained, the fair market value at the date on which the capital asset became the property of the previous owner: Provided that where the capital asset is an asset in respect of which the assessee has obtained depreciation allowance in any year, the cost of acquisition of the capital asset to the assessee shall be its written down value increased or diminished, as the case may be, by any adjustment made under section 19(16) or (17) or section 27(1)(j) or section 29(1) (xi) 286 : 287 * * * 288 Provided further that where the capital asset became the property of the assessee by succession, inheritance or devolution, the actual cost of acquisition of the capital asset to the assessee shall be the fair market value of the property prevailing at the time the assessee became the owner of such property. (3) Where in the opinion of the Deputy Commissioner of Taxes the fair market value of a capital asset transferred by an assessee as on the date of transfer exceeds the full value of the consideration declared by the assessee by an amount of not less than fifteen per cent of the value so declared, the fair market value of the capital asset shall be determined with the previous approval of the Inspecting Joint Commissioner. (4) Where in the opinion of the Deputy Commissioner of Taxes the fair market value of a capital asset transferred by an assessee as on the date of the transfer exceeds the declared value thereof by more than twenty-five per cent of such declared value, the Government may offer to buy the said asset in such manner as may be prescribed. (5) Notwithstanding anything contained in this section or section 31, where a capital gain arises from the transfer of a capital asset which immediately before the date on which the transfer took place was being used by the assessee for the purposes of his business or profession and the assessee has, within a period of one year before or after that date, purchased a new capital asset for the 289 * * * purposes of his business or profession, then, instead of the capital gain being charged to tax as income of the income year in which the transfer took place, it shall, if the assessee so elects in writing before the assessment is made, be dealt with in accordance with the following provisions of this sub-section, that is to say- (a) if the amount of the capital gains is greater than the cost of acquisition of the new asset,- (i) the difference between the amount of the capital gain and the cost of acquisition of the new asset shall be charged under section 31 as income of the income year, and (ii) for the purposes of computing in respect of the new asset any allowance under the Third Schedule or the amount of any capital gain arising from its transfer, the cost of acquisition or the written down value, as the case may be, shall be nil, or (b) if the amount of the capital gain is equal to or less than the cost of acquisition of the new asset,- (i) the capital gain shall not be charged under section 31, and (ii) for the purposes of computing in respect of the new asset any allowance under the Third Schedule or any income under section 19(16) or the amount of any capital gain arising from its transfer, the cost of acquisition or the written down value, as the case may be, shall be reduced by the amount of the capital gain: Provided that where in respect of the purchase of a new capital asset consisting of plant or machinery, the assessee satisfies the Deputy Commissioner of Taxes that despite the exercise of due diligence it has not been possible to make the purchase within the period specified in this sub-section, the Deputy Commissioner of Taxes may, with the prior approval of the Inspecting Joint Commissioner, extend the said period to such date as he considers reasonable. 290(5A) Where any capital gain arises from any transfer of capital asset in a scheme of amalgamation, no tax shall be charged under section 31:Provided that in a scheme of amalgamation, any consideration received by the shareholders of the amalgamating companies in any manner other than the shares of the amalgamated company shall be subject to applicable tax. (6) Omitted by section 57 of অর্থ আইন, ২০০০ (২০০০ সনের ১৫ নং আইন). 291 *** (8) Omitted by section 57 of অর্থ আইন, ২০০০ (২০০০ সনের ১৫ নং আইন). (9) Omitted by section 57 of অর্থ আইন, ২০০০ (২০০০ সনের ১৫ নং আইন). (10) Notwithstanding anything contained in this section or section 31, where a capital gain arises from the transfer of capital being buildings or lands to a new company registered under 292 the Companies Act, 1913 (VII of 1913) or কোম্পানী আইন, ১৯৯৪ (১৯৯৪ সনের ১৮ নং আইন), for setting up of an industry, and if the whole amount of capital gain is invested in the equity of the said company, then the capital gain shall not be charged to tax as income of the year in which the transfer took place. (11) Notwithstanding anything contained in this section or section 31, where a capital gain arises from the transfer of a capital asset of a firm to a new company registered under 293 the Companies Act, 1913 (VII of 1913) or কোম্পানী আইন, ১৯৯৪ (১৯৯৪ সনের ১৮ নং আইন), and if the whole amount of the capital gain is invested in the equity of the said company by the partners of the said firm, then the capital gain shall not be charged to tax as income of the year in which the transfer took place. (11A) 294 *** 295 (12) Notwithstanding anything contained in 296 sub-sections (5), (7), (10) and (11), no exemption shall be allowed to any person on so much of profits and gains arising out of the transfer of a capital asset as is attributable to the cost of acquisition of such asset in respect of which any investment allowance referred to in paragraphs 1, 2, 3, 4, 5, 6, 8, 9, 10 and 11 of PART B of THE SIXTH SCHEDULE to this Ordinance was at any time allowed.",
"name": "Computation of capital gains",
"related_acts": "808,838,838,838,788,788",
"section_id": 65
},
{
"act_id": 672,
"details": "29732A. The Capital gains from the transfer of business or undertaking shall be computed after making the following deductions from the full value of the consideration received or accruing from the transfer of the business or undertaking in its entirety or the fair market value thereof, whichever is higher, namely:— (a) any expenditure incurred solely in connection with the transfer of the business or undertaking in its entirety; and (b) the book value of the assets minus the liabilities taken up as on the date of transfer as a result of the transfer of the business or undertaking in its entirety.”",
"name": "Computation of capital gains from the transfer of business or undertaking",
"related_acts": "",
"section_id": 66
},
{
"act_id": 672,
"details": "33. The following income of an assessee shall be classified and computed under the head “Income from other sources”, namely:- (a) dividend and interest; (b) royalties and fees for technical services; (c) income from letting of machinery, plants or furniture belonging to the assessee, and also of buildings belonging to him if the letting of buildings is inseparable from the letting of the machinery, plant or furniture; 298(d) any income to which sub-sections (1)-(5), (8)-(13), (21), (24), (27), (29), (31) or (32) of section 19 and sub-section (3) of section 19AAAA apply.;",
"name": "Income from other sources",
"related_acts": "",
"section_id": 67
},
{
"act_id": 672,
"details": "34. (1) The amount of interest paid in respect of money borrowed for the purpose of acquisition of shares of a company. (2) Any expenditure, not being in the nature of capital expenditure or personal expenses of the assessee, incurred solely for the purpose of making or earning the relevant income. (3) Where the income is derived from letting on hire of machinery, plant or furniture belonging to the assessee and also of building belonging to him if the letting of the building is inseparable from the letting of such machinery, plant or furniture, the same allowances as are admissible under section 29(1)(vi), (vii), (viii) and (xi) to an assessee in respect of income under the head “Income from business or profession” subject to the same conditions and limitations as if the income from such letting on hire were income from business or profession: Provided that the provisions of section 19(16) shall also be applicable for the determination of any profits where the sale proceeds of such machinery, plant, furniture or building exceeds the written down value thereof. (4) Notwithstanding anything contained in this section, no allowance shall be made on account of- (a) \tany interest chargeable under this Ordinance which is payable outside Bangladesh on which tax has not been paid and from which tax has not been deducted at source under section 56; or (b) \tany payment which is chargeable under the head “Salaries” if tax has not been paid thereon or deducted therefrom under section 50.",
"name": "Deductions from income from other sources",
"related_acts": "",
"section_id": 68
},
{
"act_id": 672,
"details": "35. (1) All income classifiable under the head 299 \"Agricultural income\", \"Income from business or profession\" or \"Income from other sources\" shall be computed in accordance with the method of accounting regularly employed by the assessee. 300 (2) Notwithstanding anything contained in sub-section (1), the Board may, in case of any business or profession, or class of business or profession, or any other source of income, or any class of persons or class of income, by a general or special order, direct that the accounts and other documents shall be maintained in such manner and form, and the mode of payments of commercial transactions recorded in such manner and form, as may be prescribed or as may be specified in such direction; and thereupon the income of the assessee shall be computed on the basis of the accounts maintained, payments made and transactions recorded accordingly. 301 “(3) Without prejudice to the preceding sub-sections, every company as defined in 302clause (20) of section 2 shall, with the return of income required to be filed under this Ordinance, furnish a copy of the trading account, profit and loss account and the balance sheet in respect of the relevant income year- (a) certified by a chartered accountant to the effect that the accounts are- (i) maintained and the statements are prepared and reported in accordance with Bangladesh Accounting Standards (BAS) and Bangladesh Financial Reporting Standards (BFRS) or in accordance with International Accounting Standards (IAS) and International Financial Reporting Standards (IFRS) as adopted in Bangladesh; and (ii) audited in accordance with the Bangladesh Standards on Auditing (BSA); (b) signed by the persons including as many directors as required under sub-sections (1) and (2) of section 189 of কোম্পানী আইন, ১৯৯৪ (১৯৯৪ সালের ১৮ নং আইন); (4) Where- (a) no method of accounting has been regularly employed, or if the method employed is such that, in the opinion of the Deputy Commissioner of Taxes, the income of the assessee cannot be properly deducted therefrom; or (b) in any case to which sub-section (2) applies, the assessee fails to maintain accounts, make payments or record transactions in the manner directed under that sub-section; or (c) a company 303 * * * has not complied with the requirements of sub-section (3) 304 or the certification of accounts is not found verifiable; the income of the assessee shall be computed on such basis and in such manner as the Deputy Commissioner of Taxes may think fit.",
"name": "Method of accounting",
"related_acts": "788",
"section_id": 69
},
{
"act_id": 672,
"details": "36. Where the time taken by the author of a literary or artistic work in the making thereof exceeds twelve months, the amount received or receivable by him during any income year in lump sum on account of royalties or copyright fees in respect of that work shall, if he so claims, be deemed to be the income of- (a) \tthe income year in which it is received and the immediately preceding income year if the time taken in making such work exceeds twelve months but does not exceed twenty-four months; and (b) \tthe income year in which it is received and the two immediately preceding income years if the time taken in making such work exceeds twenty-four months, and shall be allocated in equal proportions to each such income year and the income of the assessee in respect of an income year shall be computed accordingly. Explanation.- For the purposes of this section, the expression “author” includes a joint author and the expression “lump sum” in regard to royalties or copyright fees includes an advance payment on account of such royalties or copyright fees which is not returnable.",
"name": "Allocation of income from royalties, etc., for literary works, etc.",
"related_acts": "",
"section_id": 70
},
{
"act_id": 672,
"details": "37. Where, in respect of any assessment year, the net result of computation of income under any head is a loss, the assessee shall, subject to the other provisions of this Ordinance, be entitled to have the amount of such loss set off against his income, if any, assessable for that assessment year under any other head: 305306Provided that any loss in respect of any speculation business or any loss under the head “Capital gains” shall be set off only against any income in respect of speculation business or any income under the head “Capital gains”:Provided further that any loss from any source, income of which is exempted from tax or income of which is taxed at a reduced rate, shall not be set off against any income from any source: Provided further that for the purposes of this section the Deputy Commissioner of Taxes shall, in computing any loss, deduct any amount received in cash as subsidy from the Government307: 308Provided further that any loss in respect of any income from business or profession shall not be so set off, or be carried forward to succeeding assessment year or years for set off, against any income from house property309: Provided further that any loss in respect of any income from any head shall not be so set off against any income from manufacturing of cigarette 310, bidi, zarda, chewing tobacco, gul or any other smokeless tobacco or tobacco products.",
"name": "Set off of losses",
"related_acts": "",
"section_id": 71
},
{
"act_id": 672,
"details": "38. Where, for any assessment year, the net result of the computation of income under the head “Income from business or profession” is a loss to the assessee, not being a loss sustained in a speculation business, and such loss has not been wholly set off under section 37, so much of the loss as has not been so set off, the whole of the loss, where the assessee has no income under any other head or has income only under the head “Capital gains”, shall be carried forward to the next following assessment year, and- (a) \tit shall be set off against the income, if any, from the business or profession for which the loss was originally computed if such business or profession continued to be carried on by him in the income year; and (b) \tif the loss cannot be wholly so set off, the amount of the loss not so set off shall be carried forward to the next assessment year and so on for not more than six successive assessment years.",
"name": "Carry forward of business losses",
"related_acts": "",
"section_id": 72
},
{
"act_id": 672,
"details": "39. (1) Where, for any assessment year, the result of computation of income in respect of any speculation business carried on by the assessee is a loss, it shall be set off only against the income, if any, from any other speculation business carried on by him and assessable for that assessment year. (2) Where, for any assessment year, any loss computed in respect of a speculation business has not been wholly set off under sub-section (1), so much of the loss as has not been so set off, or the whole loss where the assessee has no income from any other speculation business, shall, subject to the provisions of this Ordinance, be carried forward to the next following assessment year, and- (a) \tit shall be set off against the income, if any, from any speculation business carried on by him and assessable for that assessment year; and (b) \tif the loss cannot be wholly so set off, the amount of loss not so set off shall be carried forward to the next assessment year and so on for not more than six successive assessment years.",
"name": "Carry forward of loss in speculation business",
"related_acts": "",
"section_id": 73
},
{
"act_id": 672,
"details": "40. (1) Where, in respect of any assessment year, the net result of computation of income from any source under the head “Capital gains” is a loss, it shall be set off only against income from any other source falling under that head and assessable for that year. (2) Where, for any assessment year, any loss computed under the head “Capital gains” has not been wholly set off under sub-section (1), so much of the loss as has not been so set off, or the whole loss where the assessee has no income from any other source falling under that head, shall, subject to the provisions of this Ordinance, be carried forward to the next following assessment year, and- (a) \tit shall be set off against income, if any, of the assessee under that head and assessable for that year; and (b) \tif the loss cannot be wholly so set off, the amount of loss not so set off shall be carried forward to the next assessment year and so on for not more than six successive assessment years. (3) Where, in respect of any assessment year, the loss computed under the head “Capital gains” does not exceeds five thousand taka it shall not be carried forward and where it exceeds five thousand taka only so much of such loss shall be carried forward as exceeds five thousand taka.",
"name": "Carry forward of loss under the head “Capital gains”",
"related_acts": "",
"section_id": 74
},
{
"act_id": 672,
"details": "41. Where, for any assessment year, the net result of the computation of income under the head “Agricultural income” is a loss to the assessee, and such loss has not been wholly set off under section 37, so much of the loss as has not been so set off, or the whole of the loss, where the assessee has no income under any other head or has income only under the head “Capital gains”, shall be carried forward to the next following assessment year, and- (a) \tit shall be set off against agricultural income, if any, of the assessee assessable for that assessment year; and (b) \tif the loss cannot be wholly so set off the amount not so set off shall be carried forward to the next assessment year and so on for not more than six successive assessment years.",
"name": "Carry forward of loss under the head “Agricultural income”",
"related_acts": "",
"section_id": 75
},
{
"act_id": 672,
"details": "42. (1) The provisions of sections 37, 38, 39, 40 and 41 shall have effect subject to the conditions and limitations set out in this section. (2) Omitted by section 6 of অর্থ আইন, ১৯৯৫ (১৯৯৫ সনের ১২ নং আইন). (3) In the case of 311a firm,- (a) Where the assessee is the firm, the loss sustained by it under any head of income shall be set off under section 37 only against the income of the firm under any other head and not against the income of any of the partners of the firm; and (b) where the assessee is a partner of the firm, he shall not be entitled to have any loss, sustained by the firm carried forward and set off against his own income. 312(3A) Where the assessee is an Association of Persons, the loss sustained by it under any head of income shall be set off under section 37 only against the income of the Association of Persons under any other head and not against the income of any of the members of the Association of Persons. (3B) Where the assessee is a member of the Association of Persons, he shall not be entitled to have any loss sustained by the Association of Persons carried forward and set off against his own income.” (4) Where any person carrying on any business or profession has been succeeded in such capacity by another person otherwise than by inheritance, no person, other than the person incurring the loss, shall be entitled to have the loss in such business or profession set off against his income under any other head. (5) In the case of a firm in the constitution of which a change has occurred,- (a) the firm shall not be entitled to set off so much of the loss proportionate to the share of a retired or deceased partner as exceeds his share of profits, if any, of the income year in the firm; and (b) a partner of the firm shall not be entitled to the benefit of any portion of the said loss as is not apportionable to him. (6) Where, in making an assessment for any year, full effect cannot be given to the allowances referred to in section 29(1) (viii) owing to there being no profits or gains chargeable for that year or such profits or gains being less than the allowance then, subject to the provisions of sub-section (7), the allowance or part of the allowance to which effect has not been given, as the case may be, shall be added to the amount of the allowance for depreciation for the following year and be deemed to be part of that allowance or if there is no such allowance for that year, be deemed to be the allowance for that year and so on for succeeding years. (7) Where, under sub-section (6), depreciation allowance is also to be carried forward, effect shall first be given to the provisions of sections 38 and 39 (2). 313(8) In a scheme of amalgamation, the amalgamated company shall have the right to carry forward the accumulated loss and the unabsorbed depreciation of the amalgamating company as if the loss or the unabsorbed depreciation, as the case may be, has been the accumulated loss or the unabsorbed depreciation of the amalgamated company in the income year in which the amalgamation took place.",
"name": "Conditions and limitations of carrying forward of loss, etc.",
"related_acts": "796",
"section_id": 76
},
{
"act_id": 672,
"details": "43. (1) For the purpose of charge of tax, the total income of an assessee shall be computed in the manner provided in this ordinance. (2) In computing the total income of an assessee, there shall be included any exemption or allowance specified in part B of the Sixth Schedule and any income deemed to be the income of the assessee under section 19, subject to the limits, conditions and qualifications laid down therein. (3) Where the assessee is a partner of a firm, then, whether the firm has made a profit or a loss, his share (whether a net profit or a net loss) shall be taken to be any salary, interest, commission or other remuneration payable to him by the firm in respect of the income year increased or decreased respectively by his share in the balance of the profit or loss of the firm after the deduction of any interest, salary, commission or other remuneration payable to any partner in respect of the income year 314* * * and such share shall be included in his total income: Provided that if his share so computed is a loss, such loss may be set off or carried forward and set off in accordance with the provisions of section 42. (4) In computing the total income of any individual for the purpose of assessment, there shall be included- (a) \tso much of the income of the spouse or minor child of such individual as arises, directly or indirectly,- (i) \tfrom the membership of the spouse in a firm of which such individual is a partner; (ii) \tfrom the admission of the minor child to the benefits of partnership in a firm of which such individual is a partner; (iii) \tfrom assets transferred directly or indirectly to the spouse 315otherwise than by way of gift or for adequate consideration or in connection with an agreement to live apart; or (iv) \tfrom assets transferred directly or indirectly to the minor child, not being a married daughter, by such individual 316otherwise than by way of gift or for adequate consideration; and (b) \tso much of the income of any person or association of persons as arises from assets transferred, 317otherwise than by way of gift or for adequate consideration, to such person or association or persons by such individual for the benefit of the spouse or minor child or both. (5) All income arising to any person by virtue of a settlement or disposition whether revocable or not from assets remaining the property of the 318settlor or disponer, shall be deemed to be income of the 319settlor or disponer, and all income arising to any person by virtue of a revocable transfer of assets shall be deemed to be income of the transferor and shall be included in the total income of such person 320. * * * (6) For the purpose of sub-section (5),- (a) \ta settlement, disposition or transfer shall be deemed to be revocable if it contains any provision for the retransfer directly or indirectly of the income or assets to the 321settlor, disponer or transferor, or in any way gives the 322settlor, disponer or transferor a right to resume power directly over the income or assets; (b) \tthe expression “settlement or disposition” shall include any disposition, trust, covenant, agreement or arrangement, and the expression 323settlor or disponer, in relation to a settlement or disposition, shall include any person by whom the settlement or disposition was made.",
"name": "Computation of total income",
"related_acts": "",
"section_id": 77
},
{
"act_id": 672,
"details": "44. (1) Notwithstanding anything contained in this Ordinance, any income or class of income or the income of any person or class of persons specified in Part A of the Sixth Schedule shall be exempt from the tax payable under this Ordinance, subject to the limits, conditions and qualifications laid down therein and shall be excluded from the computation of total income under this Ordinance. 324(2) Subject to the provisions of this Ordinance and the limits, conditions and qualifications laid down in Part B of the Sixth Schedule,- (a) tax shall not be payable by an assessee in respect of any income or any sum specified in paragraphs 15 and 16 of the said Part B; and 325326(b) an assessee, being a resident or a non-resident Bangladeshi, shall be entitled to a credit from the amount of tax payable on his total income at the rate of 15% (fifteen percent) of the eligible amount:Provided that an assessee who fails to submit return of income as required under section 75 shall be entitled to a credit from the amount of tax payable on his total income at the rate of 7.5% (seven point five percent) of the eligible amount (c) the “eligible amount” mentioned in clause (b) shall be the lesser of- (i) the sums specified in all paragraphs excluding paragraphs 15 and 16 of Part B of the Sixth Schedule; or (ii) 32720% of the total income excluding any income for which a tax exemption or a reduced rate is applicable under sub-section (4) of section 44 or any income from any source or sources mentioned in clause (a) of sub-section (2) of section 82C; or (iii) one crore 328*** taka.”;. 329*** Provided that the amount admissible under clause (a) shall not, under any circumstances, exceed 330thirty per cent of the total income of the assessee. (4) The Government may, by notification in the official Gazette,- (a) make such amendments by way of addition, omission, alteration or qualification in the Sixth Schedule as it may deem fit; and (b) make any exemption, reduction in rate or other modifications in respect of tax in favour of any class of income or in regard to the whole or any part of the income of any class of persons 331.*** 332(5) Notwithstanding anything contained in clause (b) of sub-section (4) or any other section in Chapter VI- 333(a) the income of a person for the relevant income year shall not be-(i) exempted from tax; or(ii) subject to reduced rate of tax;in an assessment year if the person fails to-(i) submit the return of income as required under section 75; or(ii) comply with any provision of Chapter VII of this Ordinance; or(iii) receive all the receipts from the sources, income from which is subject to tax exemption or reduced rate of tax, through bank transfer:Provided that the provision of receiving the receipts through bank transfer shall not be applicable for an assessee being individual having gross receipts not exceeding Taka one crore in an income year:Provided further that the provision of receiving the receipts through bank transfer shall not be applicable for income derived from agriculture or farming. (b) any disallowance of expenditure under section 30, in calculating the income of a source or of a person that is exempted from tax or is subject to a reduced rate of tax, shall be treated as income for that source or of that person, as the case may be, and tax shall be payable on such income at the regular rate.",
"name": "Exemption",
"related_acts": "",
"section_id": 78
},
{
"act_id": 672,
"details": "45. (1) Subject to the provisions of this Ordinance, the income, profits and gains of an industrial undertaking set up in Bangladesh between the first day of July, 1974, and the thirtieth day of June, 1985 (both days inclusive), shall be exempt from tax payable under this Ordinance for the period specified below- (a) \tif the undertaking is set up in such areas as the Board may, by notification in the official Gazette, specify to be “Special Economic Zone”, for a period of twelve years beginning with the month of commencement of commercial production of the undertaking; (b) \tif the undertaking is set up in such areas as the Board may, by notification in the official Gazette, specify in this behalf, for a period of nine years beginning with the month of commencement of commercial production of the undertaking; and (c) \tin other areas, for a period of five years beginning with the month of such commencement. Explanation.- For the purposes of this section, “industrial undertaking” includes expansion of an existing undertaking if such expansion constitute- (a) \tan identifiable unit for production of similar or other goods or class of goods; or (b) \ta similar unit carrying on an identifiable industrial process, but does not include an undertaking which is formed by splitting up or reconstruction of an existing business or by the transfer of machinery or plant of an existing business in Bangladesh to a new business. (2) The exemption under sub-section (1) shall apply to an industrial under-taking (hereinafter referred to as the “said undertaking”) which fulfils the following conditions, namely:- (a) \tthat the said undertaking is owned and managed by- (i) \ta body corporate established by, or in pursuance of, an Act of Parliament with its head office in Bangladesh; or (ii) \ta company registered under the Companies Act, 1913 (VII of 1913), with its registered office in Bangladesh and having a subscribed and paid up capital of not less than one lakh taka on the date of commencement of commercial production; (b) \tthat the said undertaking belongs to such class of industry as the Board may, by notification in the official Gazette, specify for the purposes of this section; (c) \tthat a part of the income exempted under this section is reinvested in the said undertaking or is invested in the purchase of bond issued by the Government and such reinvestment or investment is not- (i) \tless than fifteen per cent of such income, if it is an undertaking set up in the areas referred to in sub-section (1) (a) and (b); and (ii) \tless than thirty per cent in other areas; (d) \tthat the said undertaking is approved and, during the relevant income year, stands approved by the Board for the purposes of this section; (e) \tthat the application in the prescribed form for approval for the purposes of this section, as verified in the prescribed manner, is made to the Board within one hundred and twenty days from the date of commencement of commercial production: Provided that the Board may admit an application after the expiry of the said period of one hundred and twenty days if it is satisfied that there was sufficient cause for not making the application within the said period. 334(2A) Subject to the provisions of this Ordinance, the income, profits and gains of an industrial undertaking set up in Bangladesh between the first day of July, 1985, and the thirtieth day of June, 3351995 (both days inclusive), shall be exempt from the tax payable under this Ordinance for the period specified below- (a) \tif the undertaking is set up in such areas as the Board may, by notification in the official Gazette, specify to be “Special Economic Zone”, for a period of twelve years beginning with the month of commencement of commercial production of the undertaking; (b) \tif the undertaking is set up in such areas as the Board may, by notification in the official Gazette, specify to be “Least Developed Areas”, for a period of nine years beginning with the month of commencement of commercial production of the undertaking; (c) \tif the undertaking is set up in such areas as the Board may, by notification in the official Gazette, specify to be “Less Developed Areas”, for a period of 336seven years beginning with the month of commencement of commercial production of the undertaking; and (d) \tif the undertaking is set up in the city of Dhaka, Chittagong or Khulna or the municipality of Narayanganj, or within ten miles from the outer limits thereof, for a period of 337five years beginning with the month of commencement of commercial production of the undertaking. (2B) The exemption under sub-section (2A) shall apply to an industrial undertaking (hereinafter referred to as the “said undertaking”) which fulfils the following conditions, namely:- (a) \tthat the said undertaking is owned and managed by- (i) \ta body corporate established by, or in pursuance of, an Act of Parliament with its head office in Bangladesh; or (ii) \ta company registered under 338the Companies Act, 1913 (VII of 1913) or কোম্পানী আইন, ১৯৯৪ (১৯৯৪ সনের ১৮ নং আইন) with its registered office in Bangladesh and having a subscribed and paid up capital of not less than one lakh taka on the date of commencement of commercial production; (b) \tthat the said undertaking belongs to such class of industry as the Board may, by notification in the official Gazette, specify for the purpose of this sub-section; 339 340* * * (cc) that a part of the income exempted under sub-section (2A) is invested, 341during the period, or within one year from the end of the period, to which the exemption under that sub-section relates, in the said undertaking or in any new industrial undertaking or in any productive assets being stocks and shares of a public company or bonds or securities issued by the Government and such investment is not less than 342thirty per cent of such income, failing which the income so exempted shall, notwithstanding the provisions of this Ordinance, be subject to tax in the assessment year for which the exemption was allowed 343: Provided that the quantum of investment referred to in this clause shall be reduced by the amount of dividend, if any, declared by the company enjoying tax exemption under this section; (d) \tthat the said undertaking is approved and, during the relevant income year, stands approved by the Board for the purposes of this section; (e) \tthat the application in the prescribed form for approval for the purposes of this section, as verified in the prescribed manner, is made to the Board within 344one hundred and eighty days from the date of commencement of commercial production: Provided that the Board may admit an application after the expiry of the said period of 345one hundred and eighty days if it is satisfied that there was sufficient cause for not making the application within the said period. 346(2C) The Board shall give its decision on an application made under clause (e) of sub-section (2B) within 347three months from the date of receipt of the application by the Board, failing which the undertaking shall be deemed to have been approved by the Board for the purposes of this section. (3) The income, profits and gains of the said undertaking to which this section applies, shall be computed in accordance with the provisions of sections 28 and 29: 348Provided that in respect of depreciation, only the allowances for normal depreciation specified in paragraph 3 of the Third Schedule shall be allowed. (4) The profits and gains of the said undertaking shall be computed separately from other income, profits and gains of the assessee, if any, and where the assessee sustains a loss from such undertaking, it shall be carried forward and set off against the profits and gains of the said undertaking for the following year, and where it cannot be wholly set off, the amount of the loss not so set off, shall be carried forward for the next year and so on, but no loss shall be carried beyond the period of exemption allowed under this section. (5) Nothing contained in this section shall be so construed as to exempt the following:- (a) \tany dividend paid, credited or distributed or deemed to have been paid, credited or distributed by a company to its share-holders out of the profits and gains exempt from tax under this section; and (b) \tany income of the said undertaking classifiable as “Capital gains” chargeable under the provisions of section 31. (6) Where any exemption has been allowed under this section and it is subsequently discovered by the Deputy Commissioner of Taxes that any one or more of the conditions specified in this section were not fulfilled, the exemption originally allowed shall be deemed to have been wrongly allowed, and the Deputy Commissioner of Taxes may, notwithstanding anything contained in this Ordinance, re-compute the total income of, and the tax payable by, the assessee for the relevant income year and the provisions of Section 93 or 94 shall, so far as may be, apply thereto, the period of two years specified in section 94 being reckoned from the end of the assessment year relevant to the income year in which the infringement was discovered. (7) An industrial undertaking approved under this section may, not later than six months from the date of approval, apply in writing to the Board for the cancellation of such approval, and the Board may pass such orders thereon as it may deem fit. 349(8) Notwithstanding anything contained in this section, the Board may, in the public interest, cancel or suspend fully or partially any exemption allowed under this section.",
"name": "Exemption of income of an industrial undertaking",
"related_acts": "788",
"section_id": 79
},
{
"act_id": 672,
"details": "46. (1) Subject to the provisions of this Ordinance, the income, profits and gains of a tourist industry set up in Bangladesh between the first day of January, 1976, and the thirtieth day of June, 1985 (both days inclusive), shall be exempt from the tax payable under this Ordinance, for the period specified below- (a) \tif the industry is set up in such areas as the Board may, by notification in the official Gazette, specify to be “Special Economic Zone”, for a period of twelve years beginning with the commencement of its commercial service; (b) \tif the industry is set up in the cities of Dhaka, Chittagong, Khulna and Rajshahi and the areas within fifteen miles from the outer municipal limits of those cities, for a period of five years beginning with the month of commencement of its commercial service; and (c) \tin other areas, for a period of seven years beginning with the month of such commencement. Explanation.- For the purposes of this section, the expression “tourist industry” means a business, industry or undertaking which caters for the tourists including setting up, establishment or running of hotels, motels, 350hunting lodges, amusement and theme park, holiday home, tourist resort, family fun and games, energy park and private picnic spots of such standard as may be prescribed by the Board. (2) The exemption under sub-section (1) shall apply to a tourist industry (hereinafter referred to as the “said industry”), which fulfils the following conditions, namely:- (a) \tthat the said industry is owned and managed by a Bangladeshi company having a subscribed and paid up capital of not less than one lakh taka on the date of commencement of its commercial service; (b) \tthat the said industry shall have such service facilities as the Board may, by notification in the official Gazette, specify in this behalf; (c) \tthat a part of the income, profits and gains derived from the said industry exempted under sub-section (1) is reinvested in it or is invested in the purchase of bond issued by the Government, and such reinvestment or investment is not- (i) \tless than thirty per cent, if it is an industry set up in the areas referred to in sub-section (1) (b); and (ii) \tless than fifteen per cent, in other areas; (d) \tthat an application in the prescribed form for approval for the purposes of this section, as verified in the prescribed manner, is made to the Board within one hundred and twenty days of the date of commencement of commercial service; (e) \tthat the said industry is approved and, during the relevant income year, stands approved by the Board for the purposes of this section. 351(2A) Subject to the provisions of this Ordinance, the income, profits and gains of a tourist industry set up in Bangladesh between the first day of July, 1985, and the thirtieth day of June, 3522000 (both days inclusive), shall be exempt from the tax payable under this Ordinance, for the period specified below- (a) \tif the industry is set up in such areas as the Board may, by notification in the official Gazette, specify to be “Special Economic Zone”, for a period of twelve years beginning with the month of commencement of its commercial service; (b) \tif the industry is set up in such areas as the Board may, by notification in the official Gazette, specify to be “Least Developed Areas”, for a period of nine years beginning with the month of commencement of its commercial service; (c) \tin the industry is set up in such areas as the Board may, by notification in the official Gazette, specify to be “Less Developed Areas”, for a period of 353seven years beginning with the month or commencement of its commercial service; and (d) \tif the industry is set up in the city of Dhaka, Chittagong or Khulna or the municipality of Rajshahi, or within fifteen miles from the outer limits thereof, for a period of 354five years beginning with the month of commencement of its commercial service. (2B) The exemption under sub-section (2A) shall apply to a tourist industry (hereinafter referred to as the “said industry”), which fulfils the following conditions, namely:- (a) \tthat the said industry is owned and managed by a Bangladeshi company having a subscribed and paid up capital of not less than one lakh taka on the date of commencement of its commercial service; (b) \tthat the said industry shall have such service facilities as the Board may, by notification in the official Gazette, specify in this behalf; 355 356* * * (cc) that a part of the income exempted under sub-section (2A) is invested, 357during the period, or within one year from the end of the period, to which the exemption under that sub-section relates, in the said undertaking or in any new industrial undertaking or in any productive assets being stocks and shares of a public company or bonds or securities issued by the Government and such investment is not less than 358twenty five per cent of such income, failing which the income so exempted shall, notwithstanding the provisions of this Ordinance, be subject to tax in the assessment year for which the exemption was allowed 359: Provided that the quantum of investment referred to in this clause shall be reduced by the amount of dividend, if any, declared by the company enjoying tax exemption under this section; (d) \tthat an application in the prescribed form for approval for the purposes of this section as verified in the prescribed manner, is made to the Board within 360one hundred and eighty days of the date of commencement of commercial service; (e) \tthat the said industry is approved and, during the relevant income year, stands approved by the Board for the purposes of this section. 361(2C) The Board shall give its decision on an application made under clause (d) of sub-section (2B) within 362three months from the date of receipt of the application by the Board, failing which the industry shall be deemed to have been approved by the Board for the purposes of this section. (3) The profits and gains of the said industry to which this section applies shall be computed in accordance with the provisions of sections 28 and 29: Provided that in respect of depreciation, only the allowance for normal depreciation specified in paragraph 3 of the Third Schedule shall be allowed. (4) The profits and gains of the said industry shall be computed separately from other income, profits and gains of the assessee, if any, and where the assessee sustains a loss from such industry, it shall be carried forward and set off against the profits and gains of the said industry for the following year and where it cannot be wholly set off, the amount of the loss not so set off, shall be carried forward for the next year and so on, but no loss shall be carried forward beyond the period of exemption allowed under this section. (5) Nothing contained in this section shall be so construed as to exempt the following:- (a) \tany dividend paid, credited or distributed or deemed to have been paid, credited or distributed by a company to its shareholders out of the profits and gains exempt from tax under this section; and (b) \tany income of the said industry classifiable as “Capital gains” chargeable under the provisions of section 31. (6) Where any exemption has been allowed under this section and it is subsequently discovered by the Deputy Commissioner of Taxes that any one or more of the conditions specified in this section were not fulfilled, the exemption originally allowed shall be deemed to have been wrongly allowed and the Deputy Commissioner of Taxes may, notwithstanding anything contained in this Ordinance, re-compute the total income of, and the tax payable by, the assessee for the relevant income year, and the provisions of section 93 or 94 shall, so far as may be, apply thereto, the period of two years specified in section 94 being reckoned from the end of the assessment year relevant to the income year in which the infringement was discovered. (7) A tourist industry approved under this section may, not later than six months from the date of approval, apply in writing to the Board for the cancellation of such approval, and the Board may pass such orders thereon as it may deem fit. 363(8) Notwithstanding anything contained in this section, the Board may, in the public interest, cancel or suspend fully or partially the exemption allowed under this section.",
"name": "Exemption of income of a tourist industry",
"related_acts": "",
"section_id": 80
},
{
"act_id": 672,
"details": "36446A. (1) Subject to the provisions of this Ordinance, 365profits and gains under section 28 from an industrial undertaking, tourist industry or physical infrastructure facility (hereinafter referred to as the said undertaking) set-up in Bangladesh between the first day of July, 1995and the thirtieth day of 366June, 2008 (both days inclusive) shall be exempt from the tax payable under this Ordinance for the period specified below- (a) if the said undertaking is set-up in 367Dhaka and Chittagong divisions, excluding the hill districts of Rangamati, Bandarban and Khagrachari, for a period of 368four years beginning with the month of commencement of commercial production or operation of the said undertaking; (b) if the said undertaking is set-up in 369Rajshahi, Khulna, Sylhet and Barisal divisions and the hill districts of Rangamati, Bandarban and Khagrachari, for a period of 370six years beginning with the month of commencement of commercial production or operation of the said undertaking. 371* * * 372(1A) industrial undertaking, tourist industry, or physical infrastructure facility does not include expansion of an existing undertaking for the purpose of this section,- (i) “industrial undertaking” means an industry engaged in the production of textile, textile machinery, high value garments, pharmaceuticals, melamine, plastic products, ceramics, sanitary ware, steel from iron ore, fertilizer, insecticide & pesticide, computer hardware, petro-chemicals, basic raw materials of drugs, chemicals, pharmaceuticals, agricultural machine, ship building, boilers, compressors and any other category of industrial undertaking as the Government may by notification in the official Gazette specify. Explanation.- 'high value garments' mean overcoats, jackets and suits. (ii) “physical infrastructure facility” means sea or river port, container terminals, internal container depot, container freight station, LNG terminal and transmission line, CNG terminal and transmission line, gas pipe line, flyover, large water treatment plant & supply through pipe line, waste treatment plant, 373solar energy plant, export processing zone and any other category of physical infrastructure facility as the Government may by notification in the official Gazette specify; (iii) “tourist industry” means residential hotel having facility of three star or more and any other category of tourist industry facility as the Government may by notification in the official Gazette specify. (2) The exemption under sub-section (1) shall apply to the said undertaking if it fulfils the following conditions, namely:- (a) that the said undertaking is owned and managed by- (i) a body corporate established by or under an Act of Parliament with its head office in Bangladesh; or (ii) a company as defined in the Companies Act, 1913 (VII of 1913) or কোম্পানী আইন, ১৯৯৪ (১৯৯৪ সনের ১৮ নং আইন) with its registered office in Bangladesh and having a subscribed and paid up capital of not less than one lakh taka on the date of commencement of commercial production or operation; 374* * * 375(c) that thirty per cent of the income exempted under sub-section (1) is invested in the said undertaking or in any new industrial undertakings during the period of exemption or within one year from the end of the period to which the exemption under that sub-section relates and in addition to that another ten per cent of the income exempted under sub-section (1) is invested in each year before the expiry of three months from the end of the income year in the purchase of shares of a company listed with any stock exchange, failing which the income so exempted shall, notwithstanding the provisions of this Ordinance, be subject to tax in the assessment year for which the exemption was allowed: Provided that the quantum of investment referred to in this clause shall be reduced by the amount of dividend, if any, declared by the company enjoying tax exemption under this section 376: Provided further that, the provision for purchase of shares of a company listed with any stock exchange referred to in this clause shall not be applicable to ready made garments industry, if it re-invested forty percent of the income exempted under sub-section (1) in the said undertaking or in any new industrial undertaking during the period of exemption or within one year from the end of the period to which the exemption under that sub-section relates. (d) that the said undertaking is not formed by splitting up or by reconstruction or reconstitution of business already in existence or by transfer to a new business of any machinery or plant used in business which was being carried on in Bangladesh at any time before the commencement of the new business; (e) that the said undertaking is approved, and during the relevant income year, stands approved by the Board for the purposes of this section; (f) that the application in the prescribed form for approval for the purposes of this section, as verified in the prescribed manner, is made to the Board 377within six months from the end of the month of commencement of commercial production or operation. 378(2A) Notwithstanding anything contained in this section- (a) where a said undertaking enjoying exemption of tax under this section is engaged in any commercial transaction with another undertaking or company having one or more common sponsor directors, and (b) during the course of making an assessment of the said undertaking if the Deputy Commissioner of Taxes is satisfied that the said undertaking has purchased or sold goods at higher or lower price in comparison to the market price with intent to reduce the income of another undertaking or company, the exemption of tax of that said undertaking shall be deemed to have been withdrawn for that assessment year in which such transaction is made. (3) The Board shall give its decision on an application made under clause (f) of sub-section (2) within 379forty-five days from the date of receipt of the application by the Board, failing which the undertaking shall be deemed to have been approved by the Board for the purposes of this section 380: Provided that the Board shall not reject any application made under this section unless the applicant is given a reasonable opportunity of being heard. (4) The Board may, on an application of any person aggrieved by any decision or order passed under sub-section (3), if the application is made within four months of the receipt of such decision or order, review the previous decision or order and pass such order in relation thereto as it thinks fit. (5) The profits and gains of the undertaking to which this section applies shall be computed in the same manner as is applicable to income chargeable under the head “Income from business or profession”: 381Provided that in respect of depreciation, only the allowances for normal depreciation specified in paragraph 3 of the Third Schedule shall be allowed. (6) The profits and gains of the said undertaking shall be computed separately from other income, profits and gains of the assessee, if any, and where the assessee sustains a loss from such undertaking it shall be carried forward and set off against the profits and gains of the said undertaking for the following year and where it cannot be wholly set off, the amount of the loss not so set off, shall be carried forward for the next year and so on, but no loss shall be carried forward beyond the period specified by the Board in the order issued under sub-section (3) or (4). (7) Unless otherwise specified by the Government, nothing contained in this section shall be so construed as to exempt the following from tax chargeable under this section:- (a) any dividend paid, credited or distributed or deemed to have been paid, credited or distributed by a company to its share-holders out of the profits and gains; and (b) any income of the said undertaking classifiable as “Capital gains” chargeable under the provisions of section 31 382; and (c) any income of the said undertaking resulting from disallowance made under section 30 383. * * * (8) Where any exemption is allowed under this section and in the course of making assessment, the Deputy Commissioner of Taxes is satisfied that any one or more of the conditions specified in this section are not fulfilled, the exemption will stand withdrawn for the relevant assessment year and the Deputy Commissioner of Taxes shall determine the tax payable for such year. (9) Any such undertaking approved under this section may, not latter than one year from the date of approval, apply in writing to the Board for the cancellation of such approval, and the Board may pass such orders thereon as it may deem fit. (10) Notwithstanding anything contained in this section, the Board may, in the public interest, cancel or suspend fully or partially any exemption allowed under this section. (11) The Board may make rules regulating the procedure for the grant of approval under sub-section (3), review under sub-section (4) and furnishing of information regarding payment of other taxes by the said undertaking and any other matters connected with or incidental to operation of this section.",
"name": "Exemption from tax of newly established industrial undertakings, etc. in certain cases",
"related_acts": "788",
"section_id": 81
},
{
"act_id": 672,
"details": "38646B.(1) Subject to the provisions of this Ordinance, income, profits and gains under section 28 from an industrial undertaking (hereinafter referred to as the said undertaking) set-up in Bangladesh between the first day of July, 2011 and 387the thirtieth day of June, 3882019 (both days inclusive) shall be exempted from the tax payable under this Ordinance for the period, and at the rate, specified below: if the said undertaking is set-up in- 389(i) 390Dhaka, Mymensingh and Chittagong divisions, excluding Dhaka, Narayanganj, Gazipur, Chittagong, Rangamati, Bandarban and Khagrachari districts, for a period of five years beginning with the month of commencement of commercial production of the said undertaking: Period of Exemption Rate of Exemption For the first and second year 100% of income For the third year) 60% of income For the fourth year 40% of income For the fifth year 20% of income 391(ii) Rajshahi, Khulna, Sylhet, Barisal and Rangpur divisions (excluding City Corporation area) and Rangamati, Bandarban and Khagrachari districts, for a period of ten years beginning with the month of commencement of commercial production of the said undertaking: Period of Exemption Rate of Exemption For the first and second year 100% of income For the third year 70% of income For the fourth year 55% of income For the fifth year 40% of income For the sixth year 25% of income For the seven year 20% of income Provided that any industry engaged in the production of item as referred to in clause (e) or clause (I) of sub section (2) shall be entitled to exemption from tax under the provision of this section even if it is set up in the districts of Dhaka, Gazipur, Narayanganj or Chittagonj.\" (2) For the purpose of this section,- \"industrial undertaking\" means an industry engaged in the production of- (a)\t active pharmaceuticals ingredient industry and radio pharmaceuticals industry; 392(aa) automobile manufacturing industry; (b) \tbarrier contraceptive and rubber latex; (c) \tbasic chemicals or dyes and chemicals; (d) \tbasic ingredients of electronic industry (e.g. resistance, capacitor, transistor, integrator circuit); 393(dd) bi-cycle manufacturing industry; (e) \tbio-fertilizer; (f)\t biotechnology; (g)\t boilers; 394(gg) brick made of automatic Hybrid Hoffmann Kiln 395or Tunnel Kiln technology; (h) \tcompressors; (i) \tcomputer hardware; (j) \tenergy efficient appliances; (k)\t insecticide or pesticide; (l)\t petro-chemicals; (m)\t pharmaceuticals; (n) \tprocessing of locally produced fruits and vegetables; (o) \tradio-active (diffusion) application industry (e.g. developing quality or decaying polymer or preservation of food or disinfecting medicinal equipment); (p) \ttextile machinery; (q) \ttissue grafting; 396*** (qq) tyre manufacturing industry; or (r) \tany other category of industrial undertaking as the Government may, by notification in the official Gazette, specify. (3)\t Notwithstanding anything contained in sub-section (2), for the purpose of this section industrial undertaking shall not include expansion of such an existing undertaking. (4) \tThe exemption under sub-section (1) shall apply to the said undertaking if it fulfils the following conditions, namely:- (a) \tthat the said undertaking is owned and managed by- (i) a body corporate established by or under any law for the time being in force with its head office in Bangladesh; or (ii) a company as defined in কোম্পানী আইন, ১৯৯৪ (১৯৯৪ সনের ১৮ নং আইন)with its registered office in Bangladesh and having a subscribed and paid up capital of not less than two million taka on the date of commencement of commercial production; (b)\t that thirty percent of the exempted income under subsection (1) is invested in the said undertaking or in any new industrial undertaking during the period of exemption or within one year from the end of the period to which the exemption under that sub-section relates and in addition to that, another ten percent of the exempted income under sub-section (1) is invested in each year before the expiry of three months from the end of the income year in the purchase of shares of a company listed with any stock exchange, failing which the income so exempted shall, notwithstanding the provisions of this Ordinance, be subject to tax in the assessment year for which the exemption was allowed: Provided that the quantum of investment referred to in this clause shall be reduced by the amount of dividend, if any, declared by the company enjoying tax exemption under this section; (c)\t that the said undertaking is not formed by splitting up or by reconstruction or reconstitution of business already in existence or by transfer to a new business of any machinery or plant used in business which was being carried on in Bangladesh at any time before the commencement of the new business; (d)\t that the said undertaking is approved, and during the relevant income year, stands approved by the Board for the purposes of this section; (e)\t that application in the prescribed form for approval for the purposes of this section, as verified in the prescribed manner, is made to the Board within six months from the end of the month of commencement of commercial production; (f)\t that the said undertaking obtained a clearance certificate for the relevant income year from the Directorate of Environment; (g)\t that the said undertaking maintains books of accounts on a regular basis and submits return of its income as per provisions laid down in section 75 of this Ordinance. (5) Notwithstanding anything contained in this section, where an undertaking enjoying exemption of tax under this section is engaged in any commercial transaction with another undertaking or company having one or more common sponsor directors, and during the course of making an assessment of the said undertaking if the Deputy Commissioner of Taxes is satisfied that the said undertaking has purchased or sold goods at higher or lower price in comparison to the market price with intent to reduce the income of another undertaking or company, the exemption of tax of that undertaking shall be deemed to have been withdrawn for that assessment year in which such transaction is made. (6) The Board shall give its decision on an application made under clause (e) of sub-section (4) within forty five days from the date of receipt of the application by the Board, failing which the undertaking shall be deemed to have been approved by the Board for the purposes of this section: Provided that the Board shall not reject any application made under this section unless the applicant is given a reasonable opportunity of being heard. (7) The Board may, on an application of any person aggrieved by any decision or order passed under sub-section (6), if the application is made within four months of the receipt of such decision or order, review the previous decision, order or orders and pass such order in relation thereto as it thinks fit. (8) The income, profits and gains of the undertaking to which this section applies shall be computed in the same manner as is applicable to income chargeable under the head ''Income from business or profession'': Provided that in respect of depreciation, only the allowances for normal depreciation specified in paragraph 3 of the Third Schedule shall be allowed. (9) The income, profits and gains of the undertaking to which this section applies shall be computed separately from other income, profits and gains of the assessee, if any, and where the assessee sustains a loss from such undertaking it shall be carried forward and set off against the profits and gains of the said undertaking for the next year and where it cannot be wholly set off, the amount of the loss not so set off, shall be carried forward for the following year and so on, but no loss shall be carried forward beyond the period specified by the Board in the order issued under sub-section (6) or (7). (10) Unless otherwise specified by the Government, nothing contained in this section shall be so construed as to exempt the following from tax chargeable under this section:- (a) any dividend paid, credited or distributed or deemed to have been paid, credited or distributed by a company to its share-holders out of the profits and gains; (b) any income of the said undertaking classifiable as ''Capital gains'' chargeable under the provisions of section 31; (c) any income of the said undertaking resulting from disallowance made under section 30. (11) Where any exemption is allowed under this section and in the course of making assessment, the Deputy Commissioner of Taxes is satisfied that any one or more of the conditions specified in this section are not fulfilled 397or any individual not being a Bangladeshi citizen is employed or allowed to work without prior approval of the Board of Investment or any competent authority of the Government, as the case may be, for this purpose, the exemption shall stand withdrawn for the relevant assessment year and the Deputy Commissioner of Taxes shall determine the tax payable for such year. (12) Any such undertaking approved under this section may, not later than one year from the date of approval, apply in writing to the Board for the cancellation of such approval, and the Board may pass such order or orders thereon as it may deem fit. (13) Notwithstanding anything contained in this section, the Board may, in the public interest, cancel or suspend fully or partially any exemption allowed under this section. (14) The Board may make rules regulating the procedure for the grant of approval under sub-section (6), review under sub-section (7), furnish information regarding payment of other taxes by the said undertaking, and take such other measures connected therewith or incidental to the operation of this section as it may deem fit.",
"name": "Exemption from tax of newly established industrial undertakings set up between the period of July, 2011 and June, 2019,etc, in certain cases.",
"related_acts": "788",
"section_id": 82
},
{
"act_id": 672,
"details": "39846BB. (1) Subject to the provisions of this Ordinance, income, profits and gains under section 28 from an industrial undertaking (hereinafter referred to as the said undertaking) set-up in Bangladesh between the first day of July, 2019 and the thirtieth day of June, 2024 (both days inclusive) shall be exempted from the tax payable under this Ordinance for the period, and at the rate, specified below: (i) if the said undertaking is set-up in Dhaka, Mymensingh and Chattogram divisions, excluding Dhaka, Narayanganj, Gazipur, Chattogram, Rangamati, Bandarban and Khagrachari districts, for a period of five years beginning with the month of commencement of commercial production of the said undertaking: Period of Exemption Rate of Exemption For the first year 90% of income For the second year 80% of income For the third year 60% of income For the fourth year 40% of income For the fifth year 20% of income ; (ii) if the said undertaking is set-up in Rajshahi, Khulna, Sylhet, Barishal and Rangpur divisions (excluding City Corporation area) and Rangamati, Bandarban and Khagrachari districts, for a period of ten years beginning with the month of commencement of commercial production of the said undertaking: Period of Exemption Rate of Exemption For the first and second year 90% of income For the third year 80% of income For the fourth year 70% of income For the fifth year 60% of income For the sixth year 50% of income For the seventh year 40% of income For the eighth year 30% of income For the ninth year 20% of income For the tenth year 10% of income: Provided that any industry engaged in the production of item as referred to in clause (viii) or clause (xii) of sub section (2) shall be entitled to exemption from tax under the provision of this section even if it is set up in the districts of Dhaka, Gazipur, Narayanganj or Chattogram. (2) For the purpose of this section, \"industrial undertaking\" means¾ (a) an industry engaged in, or in the production of,¾ (i) active pharmaceuticals ingredient and radio pharmaceuticals; (ii) agriculture machineries; (iii) automatic bricks; (iv) automobile; (v) barrier contraceptive and rubber latex; (vi) basic components of electronics (e.g. resistor, capacitor, transistor, integrated circuit, multilayer PCB etc.); (vii) bi-cycle including parts thereof; (viii) bio-fertilizer; (ix) biotechnology based agro products; (x) boiler including parts and equipment thereof; (xi) compressor including parts thereof; (xii) computer hardware; (xiii) furniture; (xiv) home appliances (blender, rice cooker, microwave oven, electric oven, washing machine, induction cooker, water filter etc.); (xv) insecticides or pesticides; (xvi) leather and leather goods; (xvii) LED TV; (xviii) locally produced fruits and vegetables processing; (xix) mobile phone; (xx) petro-chemicals; (xxi) pharmaceuticals; (xxii) plastic recycling; (xxiii) textile machinery; (xxiv) tissue grafting; (xxv) toy manufacturing; (xxvi) tyre manufacturing; 399(xxvii) Electrical transformer; (xxviii) Artificial fiber or manmade fiber manufacturing; (xxix) Automobile parts and components manufacturing; (xxx) Automation and Robotics design, manufacturing including parts and components thereof; (xxxi) Artificial Intelligence based system design and/or manufacturing; (xxxii) Nanotechnology based products manufacturing; (xxxiii) Aircraft heavy maintenance services including parts manufacturing; (b) any other category of industrial undertaking as the Government may, by notification in the official Gazette, specify. (3) Notwithstanding anything contained in sub-section (2), for the purpose of this section industrial undertaking shall not include expansion of such an existing undertaking. (4) The exemption under sub-section (1) shall apply to the said undertaking if it fulfils the following conditions, namely:¾ (a) that the said undertaking is owned and managed by¾ (i) a body corporate established by or under any law for the time being in force with its head office in Bangladesh; or (ii) a company as defined in কোম্পানী আইন, ১৯৯৪ (১৯৯৪ সনের ১৮ নং আইন) with its registered office in Bangladesh and having a subscribed and paid up capital of not less than two million taka on the date of commencement of commercial production; (b) that thirty percent of the exempted income under sub-section (1) is invested in the said undertaking or in any new industrial undertaking during the period of exemption or within one year from the end of the period to which the exemption under that sub-section relates and in addition to that, another ten percent of the exempted income under sub-section (1) is invested in each year before the expiry of three months from the end of the income year in the purchase of shares of a company listed with any stock exchange, failing which the income so exempted shall, notwithstanding the provisions of this Ordinance, be subject to tax in the assessment year for which the exemption was allowed: Provided that the quantum of investment referred to in this clause shall be reduced by the amount of dividend, if any, declared by the company enjoying tax exemption under this section; (c) that the said undertaking is not formed by splitting up or by reconstruction or reconstitution of business already in existence or by transfer to a new business of any machinery or plant used in business which was being carried on in Bangladesh at any time before the commencement of the new business; (d) that the said undertaking is approved, and during the relevant income year, stands approved by the Board for the purposes of this section; (e) that application in the prescribed form for approval for the purposes of this section, as verified in the prescribed manner, is made to the Board within six months from the end of the month of commencement of commercial production; (f) that the said undertaking obtained a clearance certificate for the relevant income year from the Directorate of Environment; (g) that the said undertaking maintains books of accounts on a regular basis and submits return of its income as per provisions laid down in section 75 of this Ordinance. (5) Notwithstanding anything contained in this section, where an undertaking enjoying exemption of tax under this section is engaged in any commercial transaction with another undertaking or company having one or more common sponsor directors, and during the course of making an assessment of the said undertaking if the Deputy Commissioner of Taxes is satisfied that the said undertaking has purchased or sold goods at higher or lower price in comparison to the market price with intent to reduce the income of another undertaking or company, the exemption of tax of that undertaking shall be deemed to have been withdrawn for that assessment year in which such transaction is made. (6) The Board shall give its decision on an application made under clause (e) of sub-section (4) within forty five days from the date of receipt of the application by the Board, failing which the undertaking shall be deemed to have been approved by the Board for the purposes of this section: Provided that the Board shall not reject any application made under this section unless the applicant is given a reasonable opportunity of being heard. (7) The Board may, on an application of any person aggrieved by any decision or order passed under sub-section (6), if the application is made within four months of the receipt of such decision or order, review the previous decision, order or orders and pass such order in relation thereto as it thinks fit. (8) The income, profits and gains of the undertaking to which this section applies shall be computed in the same manner as is applicable to income chargeable under the head ''Income from business or profession'' : Provided that in respect of depreciation, only the allowances for normal depreciation specified in paragraph 3 of the Third Schedule shall be allowed. (9) The income, profits and gains of the undertaking to which this section applies shall be computed separately from other income, profits and gains of the assessee, if any, and where the assessee sustains a loss from such undertaking it shall be carried forward and set off against the profits and gains of the said undertaking for the next year and where it cannot be wholly set off, the amount of the loss not so set off, shall be carried forward for the following year and so on, but no loss shall be carried forward beyond the period specified by the Board in the order issued under sub-section (6) or (7). (10) Unless otherwise specified by the Government, nothing contained in this section shall be so construed as to exempt the following from tax chargeable under this section, namely- (a) any dividend paid, credited or distributed or deemed to have been paid, credited or distributed by a company to its share-holders out of the profits and gains; (b) any income of the said undertaking classifiable as ''Capital gains'' chargeable under the provisions of section 31; (c) any income of the said undertaking resulting from disallowance made under section 30. (11) Where any exemption is allowed under this section and in the course of making assessment, the Deputy Commissioner of Taxes is satisfied that any one or more of the conditions specified in this section are not fulfilled or any individual not being a Bangladeshi citizen is employed or allowed to work without prior approval of any competent authority of the Government for this purpose, the exemption shall stand withdrawn for the relevant assessment year and the Deputy Commissioner of Taxes shall determine the tax payable for such year. (12) Any such undertaking approved under this section may, not later than one year from the date of approval, apply in writing to the Board for the cancellation of such approval, and the Board may pass such order or orders thereon as it may deem fit. (13) Notwithstanding anything contained in this section, the Board may, in the public interest, cancel or suspend fully or partially any exemption allowed under this section. (14) The Board may make rules regulating the procedure for the grant of approval under sub-section (6), review under sub-section (7), furnish information regarding payment of other taxes by the said undertaking, and take such other measures connected therewith or incidental to the operation of this section as it may deem fit. Explanation.- For the purpose of this section set-up means completion of establishment of the industry referred to in this section.",
"name": "Exemption from tax of newly established industrial undertakings set up between the period of July, 2019 and June, 2024, etc. in certain cases.",
"related_acts": "",
"section_id": 83
},
{
"act_id": 672,
"details": "40246C.403(1) Subject to the provisions of this Ordinance, income, profits and gains under section 28 from physical infrastructure facility, hereinafter referred to as the said facility, set up in Bangladesh between the first day of July, 2011 and the thirtieth day of June, 4042019 (both days inclusive) shall be exempted from the tax payable under this Ordinance for ten years beginning with the month of commencement of commercial operation, and at the rate, specified below: Period of Exemption Rate of Exemption For the first first and second year) 100% of income For the third year) 80% of income For the fourth year) 70% of income For the fifth year) 60% of income For the sixth year) 50% of income For the seventh year) 40% of income For the eight year) 30% of income For the ninth year) 20% of income For the tenth year) 10% of income 2) For the purpose of this section, \"physical infrastructure facility\" means,- (a) deep sea port; (b) elevated expressway; (c) export processing zone; (d) flyover; (e) gas pipe line, (f) Hi-tech park; (g) Information and Communication Technology (ICT) village or software technology zone; (h) Information Technology (IT) park; (i) large water treatment plant and supply through pipe line; (j) Liquefied Natural Gas (LNG) terminal and transmission line; (k) mono-rail; (l) rapid transit; (m) renewable energy (e.g energy saving bulb, solar energy plant, windmill); (n) sea or river port; (o) 405toll road or bridge; (p) underground rail; (q) waste treatment plant; or (r) any other category of physical infrastructure facility as the Government may, by notification in the official Gazette, specify. (3) The exemption under sub-section (1) shall apply to the said facility if it fulfils the following conditions, namely:- (a) that the said facility is owned and managed by- (i) a body corporate established by or under any law for the time being in force with its head office in Bangladesh; or (ii) a company as defined in কোম্পানী আইন, ১৯৯৪ (১৯৯৪ সনের ১৮ নং আইন) with its registered office in Bangladesh and having a subscribed and paid up capital of not less than two million taka on the date of commencement of commercial operation; (b) that thirty percent of the exempted income under subsection (1) is invested in the said facility or in any new physical infrastructure facility during the period of exemption or within one year from the end of the period to which the exemption under that sub-section relates and in addition to that, another ten percent of the exempted income under sub-section (1) is invested in each year before the expiry of three months from the end of the income year in the purchase of shares of a company listed with any stock exchange, failing which the income so exempted shall, notwithstanding the provisions of this Ordinance, be subject to tax in the assessment year for which the exemption was allowed: Provided that the quantum of investment referred to in this clause shall be reduced by the amount of dividend, if any, declared by the company enjoying tax exemption under this section: (c) that the said facility is approved, and during the relevant income year, stands approved by the Board for the purposes of this section; (d) that application in the prescribed form for approval for the purposes of this section, as verified in the prescribed manner, is made to the Board within six months from the end of the month of commencement of commercial operation; (e) that the said facility maintains books of accounts on a regular basis and submits return of its income as per provisions of section 75 of this Ordinance. (4) The Board shall give its decision on an application made under clause (d) of sub-section (3) within forty five days from the date of receipt of the application by the Board, failing which the facility shall be deemed to have been approved by the Board for the purposes of this section: Provided that the Board shall not reject any application made under this section unless the applicant is given a reasonable opportunity of being heard. (5) The Board may, on an application of any person aggrieved by any decision or order passed under sub-section (4), if the application is made within four months of the receipt of such decision or order, review the previous decision, order or orders and pass such order in relation thereto as it thinks fit. (6) The income, profits and gains of the facility to which this section applies shall be computed in the same manner as is applicable to income chargeable under the head \"Income from business or profession\": Provided that in respect of depreciation, only the allowances for normal depreciation specified in paragraph 3 of the Third Schedule shall be allowed. (7) The income, profits and gains of the facility to which this section applies shall be computed separately from other income, profits and gains of the assessee, if any, and where the assessee sustains a loss from such facility it shall be carried forward and set off against the profits and gains of the said facility for the next year and where it cannot be wholly set off, the amount of the loss not so set off, shall be carried forward for the following year and so on, but no loss shall be carried forward beyond the period specified by the Board in the order issued under sub-section (4) or (5). (8) Unless otherwise specified by the Government, nothing contained in this section shall be so construed as to exempt the following from tax chargeable under this section :- (a) any dividend paid, credited or distributed or deemed to have been paid, credited or distributed by a company to its share-holders out of the profits and gains; (b) any income of the said facility classifiable as \"Capital gains\" chargeable under the provisions of section 31; (c) any income of the said facility resulting from disallowance made under section 30. (9) Where any exemption is allowed under this section and in the course of making assessment, the Deputy Commissioner of Taxes is satisfied that any one or more of the conditions specified in this section are not fulfilled 406or any individual not being a Bangladeshi citizen is employed or allowed to work without prior approval of the Board of Investment or any competent authority of the Government, as the case may be, for this purpose, the exemption shall stand withdrawn for the relevant assessment year and the Deputy Commissioner of Taxes shall determine the tax payable for such year. (10) Any such facility approved under this section may, not later than one year from the date of approval, apply in writing to the Board for the cancellation of such approval, and the Board may pass such order or orders thereon as it may deem fit. (11) Notwithstanding anything contained in this section, the Board may, in the public interest, cancel or suspend fully or partially any exemption allowed under this section. (12) The Board may make rules regulating the procedure for the grant of approval under sub-section (4), review under sub-section (5), furnish information regarding payment of other taxes by the said facility, and take such other measures connected therewith or incidental to the operation of this section as it may deem fit.",
"name": "Exemption from tax of newly established physical infrastructure facility set up between the period of July, 2011 andJune,2019, etc, in certain cases.",
"related_acts": "788",
"section_id": 84
},
{
"act_id": 672,
"details": "40746CC. (1) Subject to the provisions of this Ordinance, income, profits and gains under section 28 from physical infrastructure facility, hereinafter referred to as the said facility, set up in Bangladesh between the first day of July, 2019 and the thirtieth day of June, 2024 (both days inclusive) shall be exempted from the tax payable under this Ordinance for ten years beginning with the month of commencement of commercial operation, and at the rate, specified below: Period of Exemption Rate of Exemption For the first and second year 90% of income For the third year 80% of income For the fourth year 70% of income For the fifth year 60% of income For the sixth year 50% of income For the seventh year 40% of income For the eighth year 30% of income For the ninth year 20% of income For the tenth year 10% of income. (2) For the purpose of this section, \"physical infrastructure facility\" means,- (i) deep sea port; (ii) elevated expressway; (iii) export processing zone; (iv) flyover; (v) gas pipe line; (vi) Hi-tech park; (vii) Information and Communication Technology (ICT) village or software technology zone; (viii) Information Technology (IT) park; (ix) large water treatment plant and supply through pipe line; (x) Liquefied Natural Gas (LNG) terminal and transmission line; (xi) mobile phone tower or tower sharing infrastructure; (xii) mono-rail; (xiii) rapid transit; (xiv) renewable energy (e.g solar energy plant, windmill); (xv) sea or river port; (xvi) toll road or bridge; (xvii) underground rail; (xviii) waste treatment plant; or (xix) any other category of physical infrastructure facility as the Government may, by notification in the official Gazette, specify. (3) The exemption under sub-section (1) shall apply to the said facility if it fulfils the following conditions, namely:¾ (a) that the said facility is owned and managed by¾ (i) a body corporate established by or under any law for the time being in force with its head office in Bangladesh; or (ii) a company as defined in কোম্পানী আইন, ১৯৯৪ (১৯৯৪ সনের ১৮ নং আইন) with its registered office in Bangladesh and having a subscribed and paid up capital of not less than two million taka on the date of commencement of commercial operation; (b) that thirty percent of the exempted income under sub-section (1) is invested in the said facility or in any new physical infrastructure facility during the period of exemption or within one year from the end of the period to which the exemption under that sub-section relates and in addition to that, another ten percent of the exempted income under sub-section (1) is invested in each year before the expiry of three months from the end of the income year in the purchase of shares of a company listed with any stock exchange, failing which the income so exempted shall, notwithstanding the provisions of this Ordinance, be subject to tax in the assessment year for which the exemption was allowed: Provided that the quantum of investment referred to in this clause shall be reduced by the amount of dividend, if any, declared by the company enjoying tax exemption under this section; (c) that the said facility is approved, and during the relevant income year, stands approved by the Board for the purposes of this section; (d) that application in the prescribed form for approval for the purposes of this section, as verified in the prescribed manner, is made to the Board within six months from the end of the month of commencement of commercial operation; (e) that the said facility maintains books of accounts on a regular basis and submits return of its income as per provisions of section 75 of this Ordinance. (4) The Board shall give its decision on an application made under clause (d) of sub-section (3) within forty five days from the date of receipt of the application by the Board, failing which the facility shall be deemed to have been approved by the Board for the purposes of this section: Provided that the Board shall not reject any application made under this section unless the applicant is given a reasonable opportunity of being heard. (5) The Board may, on an application of any person aggrieved by any decision or order passed under sub-section (4), if the application is made within four months of the receipt of such decision or order, review the previous decision, order or orders and pass such order in relation thereto as it thinks fit. (6) The income, profits and gains of the facility to which this section applies shall be computed in the same manner as is applicable to income chargeable under the head \"Income from business or profession\": Provided that in respect of depreciation, only the allowances for normal depreciation specified in paragraph 3 of the Third Schedule shall be allowed. (7) The income, profits and gains of the facility to which this section applies shall be computed separately from other income, profits and gains of the assessee, if any, and where the assessee sustains a loss from such facility, it shall be carried forward and set off against the profits and gains of the said facility for the next year and where it cannot be wholly set off, the amount of the loss not so set off, shall be carried forward for the following year and so on, but no loss shall be carried forward beyond the period specified by the Board in the order issued under sub-section (4) or (5). (8) Unless otherwise specified by the Government, nothing contained in this section shall be so construed as to exempt the following from tax chargeable under this section, namely¾ (a) any dividend paid, credited or distributed or deemed to have been paid, credited or distributed by a company to its share-holders out of the profits and gains; (b) any income of the said facility classifiable as \"Capital gains\" chargeable under the provisions of section 31; (c) any income of the said facility resulting from disallowance made under section 30. (9) Where any exemption is allowed under this section and in the course of making assessment, the Deputy Commissioner of Taxes is satisfied that any one or more of the conditions specified in this section are not fulfilled or any individual not being a Bangladeshi citizen is employed or allowed to work without prior approval of any competent authority of the Government for this purpose, the exemption shall stand withdrawn for the relevant assessment year and the Deputy Commissioner of Taxes shall determine the tax payable for such year. (10) Any such facility approved under this section may, not later than one year from the date of approval, apply in writing to the Board for the cancellation of such approval, and the Board may pass such order or orders thereon as it may deem fit. (11) Notwithstanding anything contained in this section, the Board may, in the public interest, cancel or suspend fully or partially any exemption allowed under this section. (12) The Board may make rules regulating the procedure for the grant of approval under sub-section (4), review under sub-section (5), furnish information regarding payment of other taxes by the said facility, and take such other measures connected therewith or incidental to the operation of this section.",
"name": "Exemption from tax of newly established physical infrastructure facility set up between the period of July, 2019 and June, 2024, etc. in certain cases",
"related_acts": "",
"section_id": 85
},
{
"act_id": 672,
"details": "47. (1) The tax shall not be payable by a co-operative society 408*** in respect of- 409*** (b) \tthe entire income from business carried on by it, if it is engaged in the following:- (i) \tagricultural or rural credit; (ii) \tcottage industry; (iii) \tmarketing of agricultural produce of its members; (iv) \tpurchase of agricultural implements, seeds, livestock or other articles intended for agriculture for the purpose of supplying them to its members; or (v) \tsuch processing, not being the performance of any manufacturing operation with the aid of power, of the agricultural produce of its members as is ordinarily employed by a cultivator to render marketable the agricultural produce raised by him; 410*** \t(d) \tany income derived from the letting of godowns or warehouses for the purpose of storage, processing or facilitating the marketing of commodities belonging or meant for sale to its members. Explanation.-For the purpose of this section,- (a) \t“cottage industry” means an enterprise, not being owned by a joint stock company which fulfils the following conditions, namely:- (i) \tit is basically an enterprise in which the owner is the investor, a full-time worker and the actual entrepreneur; (ii) \tthe capital invested in plant, machinery and equipment does not exceed 411three lakh taka at any time during the income year; (iii) \tthe number of workers, including the owner and the members of his family, shall not on any one twenty-four hour day during the income year, exceed 412fifteen; and (iv) \tthe owner of the enterprise or any member of his family does not own any other industrial or commercial enterprise either in his own name or in the name of any other person; and (b) \t“member of his family”, in relation to the owner of an enterprise, means the parents, spouse and children dependent on the owner and employed in the enterprise, whether working full-time or part-time, or whether for or without any wages, remuneration or compensation in any form. (2) Nothing contained in sub-section (1) shall apply to a co-operative society carrying on such business of insurance as is carried on by a mutual insurance association in respect of its profits and gains to which paragraph 8 of the Fourth Schedule applies.",
"name": "Exemption of income of co-operative societies",
"related_acts": "",
"section_id": 86
},
{
"act_id": 672,
"details": "48. (1) Notwithstanding that regular assessment in respect of any income is to be made later in any assessment year, and without prejudice to the charge and recovery of tax under this Ordinance after such assessment, the tax on income shall be payable by deduction or collection at source, or by way of advance payment, in accordance with the provisions of this Chapter. (2) Any sum deducted or collected, or paid by way of advance payment, in accordance with the provisions of this Chapter, shall, for the purpose of computing the income of an assessee, be deemed to be the income received, and be treated as payment of tax in due time, by the assessee.",
"name": "Deduction at source and advance payment of tax",
"related_acts": "",
"section_id": 87
},
{
"act_id": 672,
"details": "49. (1) Tax payable under this Ordinance shall be deducted or collected at source in respect of the following income, namely:- (a) income classifiable under the head “Salaries”; 413(aa) income from discount on the real value of Bangladesh Bank bills; (b) income classifiable under the head “Interest on securities”; 414* * * (c) income derived on account of supply of goods, execution of contracts or services rendered; 415(d) income derived by the importers on account of import of goods; (e) income derived on account of indenting commission; (f) income derived on account of winnings from lottery or crossword puzzles, as referred to in section 19(13); 416* * * (g) any income chargeable under this Ordinance which is paid or payable to a non-resident 417; (h) Income classifiable under the head “Income from house property”; (i) income derived on account of export of manpower; 418(ii) income derived on account of travel agency commission or incentive bonus; (j) income derived on account of purchase by public auction; (k) income derived on account of acting in films; 419* * * 420* * * (m) income derived on account of shipping agency commission 421; 422* * * 423(n) income derived from commission, discount or fees payable to distributors for distribution or marketing of manufactured goods 424; (o) income derived on account of interest on saving deposits, fixed deposits or term deposits and share of profit on term deposits; 425(oo). income dierived on account of payment from workers’ participation fund. (p) income derived on account of insurance commission; (q) income classifiable under the head “Capital gains”; 426(r) income derived on account of fees for professional or technical services; (s) income derived on account of manufacture of cigarettes manually without any mechanical aid whatsoever; (t) income derived from compensation against acquisition of property; 427* * * 428* * * (w) income derived on account of running of brick field; (x) income derived on account of services rendered by the doctors; 429* * * (z) income derived on account of commission of letter of credit; 430(za) income derived on account of survey by a surveyor of general insurance company; 431* * * (zc) income derived on account of commission, remuneration or charges as a foreign buyer's agent 432; (zd) income from dividends 433; (ze) income derived on account of rendering certain services 434; 435(zf) income derived on account of shipping business carried on both inside and outside Bangladesh by a resident assessee. (zg) income derived on account of business of real estate and land developer; (zh) income derived by an exporter on account of export of 436any commodity; (zi) income derived by a member of a stock exchange on account of transaction of shares, debentures, mutual funds, bonds or securities 437; (zj) income derived on account of courier business of a non-resident; 438*** 439(zkk) income derived on account of export cash subsidy; 440*** 441(zm) on account of 442*** renewal of trade licence; 443*** (zo) income derived on account of freight forward agency commission 444; (zp) income derived on account of rental power; (zq) income derived on account of interest of Post Office Savings Bank Account; (zr) income derived on account of rental value of vacant land or plant or machinery; (zs) income derived on account of advertisement 445; (zt) income derived by foreign technician serving in a diamond cutting industry446; 447*** (zv) income derived from transfer of securities or mutual fund units by sponsor shareholders of a company etc 448; (zw) deduction of tax for services from convention hall, conference centre, room or, as the case may be, hall etc.; (zx) deduction of tax from residents for any income in connection with any service provided to any foreign person 449; (zy) income derived on account of international gateway service in respect of phone call450; (zz) collection of tax from manufacturer of soft drink 451; (zza) income derived from insurance policy; (zzb) deduction of tax from local letter of credit (L/C); (zzc) income derived from any fees, revenue sharing, etc. from cellular mobile phone operator; (zzd) income from transfer of share of any stock exchange; (zze) income from transfer of share of company listed in any stock exchange; (zzf) income derived from lease of property 452; (zzff) deduction of tax from any sum paid by real estate developer to land owner 453;(zzg) income derived from the operation of inland ships;(zzh) income derived from the operation of commercial vehicles. (2) Tax to be deducted at source under sub-section (1) in respect of any income shall be deducted in accordance with the provisions of this Chapter by the person responsible for making payment which constitutes the income of the payee. (3) For the purpose of this Chapter, “person responsible for making payment”, with its grammatical variations and cognate expressions, means- (a) in the case of payments constituting income classifiable under head “Salaries”, 454*** the employer himself or, if the employer is a local authority, company or institution, such authority, company or institution, including the principal officer thereof; (b) in the case of payments constituting income classifiable under the head “Interest on securities”, not being payment made by or on behalf of the Government, the authority, company or other institution issuing the security or the principal officer thereof; and (c) in the case of payment of any other sum which constitutes an income of the payee chargeable to tax under this Ordinance, the payer himself, or if the payer is a company or other institution, such company or institution including the principal officer thereof.",
"name": "Income subject to deduction at source",
"related_acts": "",
"section_id": 88
},
{
"act_id": 672,
"details": "45550A. Any person responsible for paying any amount on account of discount on the real value of Bangladesh Bank bills shall, at the time of making such payment, deduct tax at the maximum rate on the amount so payable or the rate applicable to such amount, whichever is greater 456: Provided that no tax shall be deducted under this section where the said bill is purchased by an approved superannuation fund or pension fund or gratuity fund or a recognised provident fund, or a workers' profit participation fund.",
"name": "Deduction at source from discount on the real value of Bangladesh Bank bills",
"related_acts": "",
"section_id": 89
},
{
"act_id": 672,
"details": "50. (1) The person responsible for making any payment which constitutes income of the payee classifiable under the head “Salaries” shall, at the time of making such payment, deduct tax on the amount so payable at a rate representing the average of the rates applicable to the estimated total income of the payee under that head. 457(1A) Notwithstanding the provision of sub section (1), where any Government official is acting as Drawing and Disbursing Officer (DDO) or making or signing a bill for himself or for any other official subordinate to him to draw salary from the Government or any authority, as the case may be, he shall, at the time of making or signing such bill, deduct tax at a rate representing the average of the rates applicable to the estimated total income of such officials if such annual salary chargeable to tax exceeds the taxable limit for that income year.; এবং (1B) For the purposes of sub-section (1A), respective Government Accounts Office shall issue a tax deduction certificate in prescribed form within the thirty first day of July following the financial year. (2) At the time of making any deduction under 458sub-sections (1) and (1A) , the amount to be deducted may be increased or decreased for the purpose of adjusting any excess or deficiency arising out of any previous deductions or failure to make deductions. 459(2A) The payment under 460sub-section (1) and (1A) shall be made by such person with or without deduction of tax in accordance with a certificate, issued by the Deputy Commissioner of Taxes after being satisfied on an application made by the payee in this behalf, where such certificate specifies that- (a) no tax shall be deducted from the payee in a case where the tax payable on the total income of the payee has already been deducted or collected from such payee under this Ordinance for the rest of the income year; or (b) tax shall be deducted at a lesser rate for the rest of the income year in a case where the payee may, after adjusting the tax already deducted or collected from such payee under this Ordinance, be liable to pay a lesser sum of tax than the tax chargeable on his total income. (3) For the purposes of deduction under 461sub-section (1) and (1A) in respect of salary payable in a foreign currency, the value in taka of such salary shall be calculated at such rate as the Board may prescribe.",
"name": "Deduction at source from salaries",
"related_acts": "",
"section_id": 90
},
{
"act_id": 672,
"details": "46250B. Any person responsible for making any payment as remuneration to a Member of Parliament shall, at the time of making such payment, deduct tax on the amount so payable at a rate representing the average of the rates applicable to the estimated total remuneration of the payee for that income year.",
"name": "Deduction of tax from payment of remuneration to Members of Parliament",
"related_acts": "",
"section_id": 91
},
{
"act_id": 672,
"details": "46351. Any person responsible for issuing a security of the Government, or security approved by the Government or Bangladesh Securities and Exchange Commission, income of which is classifiable under the head “interest on securities”, shall collect income-tax at the rate of five percent (5%) on discount, interest or profit on securities at the time of making payment or credit, whichever is earlier.",
"name": "Deduction at source from discount, interest or profit on securities",
"related_acts": "",
"section_id": 92
},
{
"act_id": 672,
"details": "51A. Deduction at source from interest on fixed deposits- Omitted by section 2 of the Income tax (Amendment) Ordinance, 1985 (Ordinance No. XXXVI of 1985).",
"name": "Omitted",
"related_acts": "",
"section_id": 93
},
{
"act_id": 672,
"details": "46452. (1) Where any payment is to be made by a specified person to a resident on account of- (a) execution of a contract, other than a contract for providing or rendering a service mentioned in any other section of Chapter VII; (b) supply of goods; (c) manufacture, process or conversion; (d) printing, packaging or binding; the person responsible for making the payment shall, at the time of making such payment, deduct tax at such rate, not exceeding ten percent (10%) of the base amount, as may be prescribed: 465Provided that– 466(a) the rate of tax shall be fifty percent (50%) higher if the payee fails to submit proof of submission of return at the time of making the payment; 467*** 468(bb) the rate of tax shall be fifty percent (50%) higher if the payee does not receive payment by bank transfer; (c) where any imported goods on which tax has been paid at source under section 53 is supplied, tax at source on the said supply shall be B-A, where- A= the amount of tax paid under section 53, B= the amount of tax applicable under this section if no tax were paid under section 53. 469(d) where any goods on which tax has been paid at source under section 53E is supplied, tax at source on the said supply shall be B-A, where-A = the amount of tax paid under section 53E, B = the amount of tax applicable under this section if no tax were paid under section 53E470: 471Provided that in case of the goods supplied by any distributor or any other person under a contract as referred in sub-section (3) of section 53E, the term “B” as mentioned in paragraph (d) shall be computed as follows: B={the selling price of the company to the distributor or the other person as referred in section 53E (3)} x 7% x 5%. (2) In this section- (a) the specified person means- (i) the Government, or any authority, corporation or body of the Government, including its units, the activities of which are authorised by any Act, Ordinance, Order or instrument having the force of law in Bangladesh; (ii) a project, programme or activity where the Government has any financial or operational involvement; (iii) a joint venture or a consortium; (iv) a company as defined in clause (20) of section 2 of this Ordinance; (v) a co-operative bank; (vi) a co-operative society; (vii) a financial institution; (viii) a Non-Government Organisation registered with the NGO Affairs Bureau 472or a Micro Credit Organisation having licence with Micro Credit Regulatory Authority; (ix) a school, a college, an institute or a university; (x) a hospital, a clinic or a diagnostic centre; (xi) a trust or a fund; (xii) a firm; 473(xiia) an association of persons; (xiii) a public-private partnership; (xiv) a foreign contractor, a foreign enterprise or an association or a body established outside Bangladesh; 474*** 475(xv) any e-commerce platform, not being any other specified persons, called by whatever name having annual turnover exceeding Taka one crore; 476***477(xvi) hotel, resort, community center and transport agency having annual turnover exceeding Taka one crore; 478(xvii) an artificial juridical person; (b) “contract” includes a sub-contract, any subsequent contract, an agreement or an arrangement, whether written or not; (c) “base amount” means the higher of the - (i) contract value; or (ii) bill or invoice amount; or (iii) payment; (d) “payment” includes a transfer, a credit or an adjustment of payment 479or an order or instruction of making payment.",
"name": "Deduction from payment to contractors, etc.",
"related_acts": "",
"section_id": 94
},
{
"act_id": 672,
"details": "52A. (1) Where any payment is to be made by a specified person to a resident on account of royalties, franchise, or the fee for using license, brand name, patent, invention, formula, process, method, design, pattern, knowhow, copyright, trademark, trade name, literary or musical or artistic composition, survey, study, forecast, estimate, customer list or any other intangibles, the person responsible for making the payment shall, at the time of making payment, deduct income tax at the rate specified below- Description of payment Rate of deduction of tax (a) Where base amount does not exceed taka 25 lakh 10% (b) Where base amount exceeds taka 25 lakh 12%: Provided that the rate of tax shall be fifty percent (50%) higher if the payee does not have a twelve-digit Taxpayer’s Identification Number at the time of making the payment. (2) In this section- (a) “specified person” shall have the same meaning as in clause (a) of sub section (2) of section 52; (b) “contract” includes a sub-contract, any subsequent contract, an agreement or an arrangement, whether written or not; (c) “base amount” means the higher of the - (i) contract value; or (ii) bill or invoice amount; or (iii) payment; (d) “payment” includes a transfer, a credit or an adjustment of payment 480or an order or instruction of making payment.",
"name": "Deduction from payment of royalties etc",
"related_acts": "",
"section_id": 95
},
{
"act_id": 672,
"details": "52AA. 481(1) Where any payment is to be made by a specified person to a resident on account of a service as mentioned in this section, the person responsible for making the payment shall, at the time of making such payment, deduct income tax at the rate specified in the Table below:- Table SL. No Description of service and payment Rate 1. Advisory or consultancy service 10% 2. (i) Professional service; (ii) technical services fee; or (iii) technical assistance fee. 10% 3. (i) Catering service; (ii) Cleaning service; (iii) Collection and recovery service; (iv) Private security service; (v) Manpower supply service; (vi) Creative media service; (vii) Public relations service; (viii) Event management service; (ix) Training, workshop, etc. organization and management service; (x) Courier service; (xi) Packing and Shifting service; (xii) Any other service of similar nature- (a) on commission or fee (b) on gross bill amount 10% 2% 4. Media buying agency service (a) on commission or fee (b) on gross bill amount 10% 0.65% 5. Indenting commission 8% 6. Meeting fees, training fees or honorarium 10% 7. Mobile network operator, technical support service provider 12% 8. Credit rating service 10% 9. Motor garage or workshop 8% 10. Private container port or dockyard service 8% 11. Shipping agency commission 8% 12. Stevedoring/berth operator /terminal operator/Ship handling operator – (a) on commission or fee (b) on gross bill amount 10% 5% 13. (i) Transport service, carrying service, vehicle rental service, Repair and maintenance service; (ii) Any other service under any sharing economy platform including ride sharing service, coworking space providing service and accommodation providing service; 5% 14. Wheeling charge for electricity transmission 3% 15. Internet Service 10% 16. Service delivery agents engaged in mobile financial services or channel partners of mobile financial services 10% 17. Any other service which is not mentioned in Chapter VII of this Ordinance and is not a service provided by any bank, insurance, mobile financial services or financial institutions. 10% Provided that- (a) if the amount for services mentioned in SL No. 3 and 4 of the Table shows both commission or fee and gross bill amount tax shall be the higher amount between (i) and (ii) where- \ttax calculated on commission or fee applying the relevant rate in the table; and (ii) B x C x D, where- B = Gross bill amount. C = 10% of Sl. 3 and 2.5% for Sl. 4, and D = rate of tax applicable on commission or fee; (b) the rate of tax shall be fifty percent (50%) higher if the payee fails to submit proof of submission of return at the time of making the payment; (c) the rate of tax shall be fifty percent (50%) higher if the payee does not receive payment by bank transfer; (d) where the Board, on an application made in this behalf, gives certificate in writing that the person rendering such service is otherwise exempted from tax under any provision of this Ordinance, the payment referred to in this section shall be made without any deduction or with deduction at a lesser rate for that income year. (2) In this section- (a) “specified person” shall have the same meaning as in clause (a) of sub-section (2) of section 52; (b) “contract” includes a sub-contract, any subsequent contract, an agreement or an arrangement, whether written or not; (c) “base amount” means the higher of the- (i) contract value; or(ii) bill or invoice amount ; or(iii) payment; (d) “payment” includes a transfer, a credit or an adjustment of payment 482or an order or instruction of making payment; (e) “professional services” means- (i) services rendered by a doctor;(ii) services rendered by a person carrying on any profession or any other services applying professionalknowledge.",
"name": "Deduction from the payment of certain services",
"related_acts": "",
"section_id": 96
},
{
"act_id": 672,
"details": "48352AAA. The Commissioner of Customs shall make collection on account of commission receivable by clearing and forwarding agents licensed under Customs Act, 1969 at the rate of 484ten percent on such commission at the time of clearance of goods imported or exported.",
"name": "Collection of tax from clearing and forwarding agents",
"related_acts": "354",
"section_id": 97
},
{
"act_id": 672,
"details": "52B. 485Any person responsible for selling banderols to any manufacturer of cigarettes shall, at the time of selling banderols, collect tax from such manufacturers on account of the manufacture of cigarette at the rate of ten percent (10%) of the value of the banderols. Explanation.- For the purposes of this section, “manufacture of cigarettes” means manufacture of cigarettes manually without any mechanical aid whatsoever.",
"name": "Collection of tax from Cigarette manufacturers",
"related_acts": "",
"section_id": 98
},
{
"act_id": 672,
"details": "48652C.- Any person, responsible for paying any amount of compensation against acquisition by the Government of any immovable property shall, at the time of paying such compensation deduct advance tax at the rate of,- (a) 487six per cent of the amount of such compensation where the immovable property is situated in any city corporation, paurashava or cantonment board; (b) 488three per cent of the amount of such compensation where the immovable property is situated outside any city corporation, paurashava or cantonment board.",
"name": "Deduction at source from compensation against acquisition of property",
"related_acts": "",
"section_id": 99
},
{
"act_id": 672,
"details": "48949052D. Notwithstanding anything contained in any other provision of this Ordinance or any other law being in force in respect of exemption from tax on interest of savings instrument purchased by an approved superannuation fund or pension fund or gratuity fund or a recognized provident fund or a workers’ profit participation fund, any person responsible for making any payment by way of interest on any savings instruments shall, at the time of such payment, deduct income tax at the rate of 491ten per cent (10%) on such interest: Provided that no tax shall be deducted under this section where the cumulative investment at the end of the income year in the pensioners' savings certificate does not exceed five lakh taka: Provided further that no tax shall be deducted from interest or profit arising from Wage earners development bond, US dollar premium bond, US dollar investment bond, Euro premium bond, Euro investment bond, Pound sterling investment bond or Pound sterling premium bond.",
"name": "Deduction at source from interest on saving instruments",
"related_acts": "",
"section_id": 100
},
{
"act_id": 672,
"details": "49252DD. (1)Notwithstanding anything contained in any other provision of this Ordinance or any other law being in force in respect of exemption from tax on payments from workers’ participation fund, any person responsible for making any payment from such fund to a beneficiary shall, at the time of payment, deduct tax at the rate of 5% (five percent) on whole payment.(2) No tax under sub-section (1) shall be deducted from the payment of worker’s participation fund where the following conditions are met-(i )the beneficiary does not have taxable income; and(ii) amount of fund does not exceed Taka 25,000.",
"name": "Deduction from payment to a beneficiary of workers’ participation fund",
"related_acts": "",
"section_id": 101
},
{
"act_id": 672,
"details": "52E. 493 Collection of tax on account of bonus- Omitted by section 53 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন).",
"name": "Omitted",
"related_acts": "861",
"section_id": 102
},
{
"act_id": 672,
"details": "49452F. Any person responsible for issuing or renewal of permission for the manufacture of bricks shall not issue or renew such permission unless the application for issuance or renewal of such permission is accompanied by a tax clearance certificate of the preceding assessment year along with the receipt of the tax verified by the Deputy Commissioner of Taxes at the following rates: (a) taka forty five thousand for one section brick field; (b) taka seventy thousand for one and half section brick field; (c) taka ninety thousand for two section brick field; (d) taka one lakh and fifty thousand for brick field producing bricks through automatic machine. Explanation.¾For the purpose of this section, the word \"section\" shall have the same meaning as defined in মৌসুমী ইটভাটা মূল্য সংযোজন কর বিধিমালা, ২০০৪.",
"name": "Collection of tax from brick manufacturers",
"related_acts": "",
"section_id": 103
},
{
"act_id": 672,
"details": "52G. Deduction from fees for services rendered by doctors.- Omitted by section 25 of অর্থ আইন, ২০০৪ (২০০৪ সনের ১৬ নং আইন)",
"name": "Omitted",
"related_acts": "918",
"section_id": 104
},
{
"act_id": 672,
"details": "52H. Collection of tax from persons engaged in the real estate business.- Omitted by section 64 of অর্থ আইন, ২০০০ (২০০০ সনের ১৫ নং আইন)",
"name": "Omitted",
"related_acts": "838",
"section_id": 105
},
{
"act_id": 672,
"details": "52I. Any person responsible for opening letter of credit for the purpose of import of goods for himself or for any other person shall, at the time of collecting commission with respect to letter of credit, deduct income tax at the rate of five per cent on the amount of such commission.",
"name": "Deduction from the commission of letter of credit",
"related_acts": "",
"section_id": 106
},
{
"act_id": 672,
"details": "52J. Collection of tax from travel agent- Omitted by section 54 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন).",
"name": "Omitted",
"related_acts": "861",
"section_id": 107
},
{
"act_id": 672,
"details": "49552JJ. Collection of tax from travel agent.- (1) Notwithstanding anything contained in any other provisions of this Ordinance, any person responsible for making any payment to a resident any sum by way of commission or discount or any other benefits, called by whatever name, convertible into money for selling passenger tickets or air cargo carriage shall deduct or collect advance tax at the rate of zero point three zero percent (0.30%) of the total value of the tickets or any charge for carrying cargo by air at the time of payment to such resident. (2) Where any incentive bonus, performance bonus or any other benefits, called by whatever name, is to be paid in relation to such sale of tickets or bill for carrying cargo by air in addition to the amount mentioned in sub-section (1), person responsible for making such payment shall deduct an amount equal to (A/B) x C, where- “A” is the amount of incentive bonus, performance bonus or any other benefits as mentioned in subsection (2), “B” is the amount of commission or discount or any other benefits as mentioned in sub-section (1), and “C” is the amount of source tax on commission or discount or any other benefits as mentioned in subsection (1). (3) For the purpose of computation of value of tickets or charge, any payment made in respect of any embarkation fees, travel tax, flight safety insurance, security tax and airport tax shall not be included in such value or charge. Explanation.-In this section, “payment” includes a transfer, a credit or an adjustment of payment.",
"name": "Collection of tax from travel agent",
"related_acts": "",
"section_id": 108
},
{
"act_id": 672,
"details": "49652K. Any person responsible for renewal of trade licence shall collect tax at the time of such renewal of each trade license at the rate of – (a) taka 497three thousand in 498Dhaka South City Corporation, Dhaka North City Corporation or Chittagong City Corporation; (b) taka 499two thousand 500in any other city corporation; (c) taka 501one thousand in any paurashava at any district headquarter; (d) taka 502five hundred in any other paurashava.",
"name": "Collection of tax by City Corporation or Pourashava at the time of renewal of trade licence.",
"related_acts": "",
"section_id": 109
},
{
"act_id": 672,
"details": "503* * *",
"name": "Omitted",
"related_acts": "",
"section_id": 110
},
{
"act_id": 672,
"details": "50452M. Any person responsible for making any payment by way of freight forward agency commission, at the time of making such payment 505or credit of such payment to the account of the payee, shall deduct tax at the rate of 506fifteen percent of the said amount.",
"name": "Collection of tax from freight forward agency commission.",
"related_acts": "",
"section_id": 111
},
{
"act_id": 672,
"details": "50752N. (1)Notwithstanding anything contained in this Ordinance, Bangladesh Power Development Board or any other person engaged in power distribution, at the time of payment to any person on account of purchase of power, shall collect, deduct or pay tax on the said payment at the rate of six percent.(2) Where a person is exempted from tax or is subject to a reduced tax rate in an income year, the Board may, on an application made in this behalf, give a certificate in writing that the payment for that income year shall be made without any deduction or with deduction at a proportionately reduced rate, as the case may be.",
"name": "Collection of tax on account of purchase of power",
"related_acts": "",
"section_id": 112
},
{
"act_id": 672,
"details": "50852O. The person responsible for making any payment-which constitutes income chargeable under the head “Salaries” received by or due to any person who is neither a citizen of Bangladesh nor was resident in Bangladesh in any of the four years immediately preceding the year in which he arrived in Bangladesh, as remuneration for services rendered by him for a period not exceeding three years from the date of his arrival in Bangladesh, during such period, as a technician employed in diamond cutting industries under a contract of service, shall deduct tax at the rate of five percent of such salaries at the time of making payment or giving credit which ever is earlier: Provided that the provisions of this clause shall not be applicable to foreign technicians appointed after June 30 2010.",
"name": "Collection of tax from a foreign technician serving in a diamond cutting industry",
"related_acts": "",
"section_id": 113
},
{
"act_id": 672,
"details": "50952P. (1) Where any payment is to be made by a specified person to any other person on account of renting or using space of convention hall, conference centre, room or, as the case may be, hall, hotel, community centre or any restaurant, shall deduct tax at the rate of five per cent from the whole amount of the payment for the services thereof at the time of making such payment to the payee:Provided that no deduction shall be made when such amount is paid directly to the Government. (2) In this section¾(a) “specified person” shall have the same meaning as in clause (a) of sub-section (2) of section 52; (b) “payment” shall have the same meaning as in clause (d) of sub-section (2) of section 52.",
"name": "Deduction of tax for services from convention hall, conference centre, etc",
"related_acts": "",
"section_id": 114
},
{
"act_id": 672,
"details": "52Q. 510Any person, responsible for paying or crediting to the account of a person any sum remitted from abroad by way of a fee, service charges, commission or remuneration, called by whatever name, or by way of revenue sharing of any name and nature, for— (a) providing any service rendered in Bangladesh; or(b) rendering any service or performing any task by a resident person in favour of a foreign person; or(c) allowing the use of any online platform for advertisement or any other purposes,shall deduct tax at the rate of ten percent at the time of making payment of the sum or crediting the sum to the account of the payee:511Provided that the rate of deduction under this section shall be 7.5% (seven point five percent) where the remittance has been received as consideration for contracts on manufacturing, process or conversion, civil work, construction, engineering or works of similar nature:Provided further that no deduction under this section shall be made against the remittance from abroad which is-(i) the proceeds of sales of software or services of a resident if the income from such sales or services is exempted from tax under paragraph 33 of Part A of the Sixth Schedule, or(ii) excluded from total income by paragraph 48 512and 61 of Part A of the Sixth Schedule.",
"name": "Deduction of Tax from any income remitted from abroad in connection with any service, revenue sharing, etc",
"related_acts": "",
"section_id": 115
},
{
"act_id": 672,
"details": "51352R. (1)The bank, through which any sum on account of International Gateway (IGW) Services in respect of international phone call is received, shall deduct tax at the rate of 514one point five percent (1.5%) of the total amount representing the said receipt at the time of crediting it to the account of the International Gateway (IGW) Services operator. (2) The International Gateway (IGW) Services operator, by which any sum related to international phone call is paid or credited to the account of Interconnection Exchange (ICX), Access Network Services (ANS) 515,Bangladesh Telecommunication Regulatory Commission (BTRC) or any other person under an agreement with the Bangladesh Telecommunication Regulatory Commission (BTRC), shall deduct tax at the rate of 516seven point five percent (7.5%) on the whole amount so paid or credited at the time of such payment or credit under the said agreement. 517(2A) Where any amount is paid or credited in respect of outgoing international calls, the provider of Interconnection Exchange (ICX) services or Access Network Services (ANS) shall deduct tax at the rate of seven point five percent (7.5%) on the whole amount so paid or credited at the time of such payment or credit (3) Notwithstanding anything contained in 518sub-sections (1), (2) or (2A), where the Board gives a certificate in writing on an application made by a person that income of the person is exempted from tax or will be liable to tax at a rate of tax less than the rate specified in this section, the person responsible for such payment shall make the payment- (a) without deduction of tax; or (b) after deducting tax at a rate specified in the certificate.",
"name": "Deduction of tax from receipts in respect of international phone call.",
"related_acts": "",
"section_id": 116
},
{
"act_id": 672,
"details": "520***",
"name": "Omitted.",
"related_acts": "",
"section_id": 117
},
{
"act_id": 672,
"details": "52152T. Any person responsible for paying to a resident, any sum in excess of premium paid for any life insurance policy maintained with any life insurance company, shall deduct, at the time of payment of such excess amount to the policy holder, income tax at the rate of five per cent on such sum: Provided that no deduction of tax shall be made in case of death of such policy holder.",
"name": "Deduction of tax from any payment in excess of premium paid on life insurance policy.",
"related_acts": "",
"section_id": 118
},
{
"act_id": 672,
"details": "52252U. (1) The bank or any other financial institution extending any credit facility under a local letter of credit or any other financing agreement, not being a financing arrangement under sub-section (2), for purchasing any goods in Bangladesh by a person (hereinafter referred to as “Person A”) from any person (hereinafter referred to as “Person B”) for the purpose of trading, or of reselling after process or conversion shall deduct, at the time of paying or crediting to Person B, tax at the rate of three percent (3%) of the amount so paid or credited in relation to the purchase by Person A. (2) The bank or any other financial institution extending any credit facility to a distributor under a financing arrangement in which a person (hereinafter referred to as “Person C”) receives payments from such bank or the financial institution against the invoice or sale of goods to its distributor (hereinafter referred to as “Person D”) shall deduct, at the time of paying or crediting payment to Person C, tax at the rate of one percent (1%) of the amount so paid or credited in relation to the goods invoiced to Person D. (3) 523The tax shall be deducted at the rate of two percent (2%) in the cases of local letter of credit or any other financing agreement opened or made for the purchase or procurement of rice, wheat, potato, onion, garlic, peas, chickpeas, lentils, ginger, turmeric, dried chillies, pulses, maize, coarse flour, flour, salt, edible oil, sugar, black pepper, cinnamon, cardamom, clove, date, cassia leaf, computer or computer accessories, jute, cotton, yarn and all kinds of fruits. 524*** Explanation.- For the purpose of this section, \"distributor\" means a person who performs the function of supply of finished goods produced by another person to the end customer directly or through any other intermediary.",
"name": "Deduction from payment on account of local letter of credit, etc.",
"related_acts": "",
"section_id": 119
},
{
"act_id": 672,
"details": "The Principal Officer of a cellular mobile phone operator company responsible for making any payment, on account of any revenue sharing or any license fees or any other fees or charges, called by whatever name, to the regulatory authority, shall deduct tax at the rate of ten percent of such payment at the time of credit to the payee or at the time of payment thereof, whichever is earlier.",
"name": "Deduction from payment by cellular mobile phone operator.",
"related_acts": "",
"section_id": 120
},
{
"act_id": 672,
"details": "53. 525The Commissioner of Customs or the officer authorized in this behalf shall collect advance income tax at such rate, not exceeding 20% (twenty percent) on the value of imported goods, as may be prescribed.",
"name": "Collection of tax on account of import of goods",
"related_acts": "",
"section_id": 121
},
{
"act_id": 672,
"details": "52652753A. (1) Where any specified person is a tenant in respect of a house property or hotel accommodation, the tenant shall deduct tax from the rent of such house property or hotel accommodation at the rate of five per cent at the time of payment of such rent.Explanation.- For the purpose of this section, \"rent\" means any payment, by whatever name called, under any lease, tenancy or any other agreement or arrangement for the use of any house property or hotel accommodation including any furniture, fittings and the land appurtenant thereto.(2) Where, after the assessment made for the relevant year, it is found that no tax was payable by the owner of the house property or the amount of tax deducted is in excess of the amount payable, the amount deducted shall be refunded,- (a) if no tax was payable, in full; or(b) if the amount deducted is in excess of the amount payable, to the extent of the excess deduction to the owner of the house property. (3) Where the Deputy Commissioner of Taxes, on an application made in this behalf, gives a certificate in the prescribed form to an owner of house property that, to the best of his belief, the owner is not likely to have any assessable income during the year or the income is otherwise exempted from payment of income tax under any provision of this Ordinance, payment referred to in sub-section (1) shall be made without any deduction until the certificate is cancelled. (4) In this section-(a) “specified person” shall have the same meaning as in clause (a) of sub-section (2) of section 52; (b) “payment” shall have the same meaning as in clause (d) of sub-section (2) of section 52.",
"name": "Deduction at source from income from house property",
"related_acts": "",
"section_id": 122
},
{
"act_id": 672,
"details": "53AA. Commissioner of Customs or any other authority, duly authorised in this behalf, shall not grant port clearance to a ship owned or chartered by a resident assessee unless 528a certificate is received in prescribed manner from Deputy Commissioner of Taxes concerned and tax at the rate of 529five percent of total freight received or receivable in or out of Bangladesh has been paid for carriage of passengers, livestock, mail or goods, shipped at any port of Bangladesh. 530: Provided that tax shall be collected at the rate of three per cent of total freight received or receivable from services rendered between two or more foreign countries.",
"name": "Collection of tax from shipping business of a resident",
"related_acts": "",
"section_id": 123
},
{
"act_id": 672,
"details": "53B. 531The Director General, Bureau of Manpower, Employment and Training shall not-(i) grant clearance for export of manpower by recruiting agencies unless challan of advance tax for Taka amounting to 10% (ten percent) of service charge or fees received by recruiting agents on account of export of manpower attached with the application made in this behalf; and(ii) issue or renew license under section 9 of বৈদেশিক কর্মসংস্থান ও অভিবাসী আইন, ২০১৩ (২০১৩ সনের ৪৮ নং আইন) unless a challan of advance tax for Taka 50,000 is submitted along with the application made for license or renew of license.",
"name": "Collection of tax from recruiting agents",
"related_acts": "1131",
"section_id": 124
},
{
"act_id": 672,
"details": "53253BB. Deduction of tax from export proceeds of goods.- (1)The Bank, through which export proceeds of goods of an exporter is received, shall deduct tax at the rate of 1% (one percent) of total export proceeds at the time of crediting the proceeds to the account of the exporter.(2) Where the Board, on an application made in this behalf, gives a certificate in writing that the income of the exporter is partly or fully exempted from tax under any provision of the Ordinance, the Bank shall make credit to the account of an assesse without any deduction of tax or deduction of tax at a rate lesser than the rate specified in this section for the period mentioned in that certificate.",
"name": "Deduction of tax from export proceeds of goods",
"related_acts": "",
"section_id": 125
},
{
"act_id": 672,
"details": "53BBB. 533The Chief Executive Officer of a stock exchange shall collect tax at the rate of “zero point zero five percent (0.05%)”on the value of shares and mutual funds transacted by a member of a stock exchange and at the rate of ten percent (10%) on the commission received or receivable by a member of a stock exchange for the transaction of securities other than shares and mutual funds at the time of making payment for such transactions.",
"name": "Collection of tax from Member of Stock Exchanges",
"related_acts": "",
"section_id": 126
},
{
"act_id": 672,
"details": "534***",
"name": "Omitted",
"related_acts": "",
"section_id": 127
},
{
"act_id": 672,
"details": "53C. Any person making sale, by 535public auction through sealed tender or otherwise, of any goods or property belonging to the Government or any authority, corporation or body, including its units, the activities or the principal activities of which are authorised by any Act, Ordinance, order or instrument having the force of law in Bangladesh or any company 536*** as defined in 537538*** কোম্পানী আইন, ১৯৯৪ (১৯৯৪ সনের ১৮নং আইন) or any banking company, or any insurance company or any co-operative bank established by or under any law for the time being in force shall collect, before delivering the possession of the goods or the property 539or allowing to exercise the rights, as advance tax on the income from the sale price of such goods or property from the auction purchaser 540at the rate of 10% (ten percent) of the sale price:. 541Provided that the rate of deduction shall be 1% (one percent) in case of sale of tea by public auction. Explanation.-For the purposes of this section, sale of any goods or property includes the awarding of any lease to any person, including a lease of the right to collect octroi duties, tolls, fees or other levies, by whatever name called, but does not include sale of a plot of land.",
"name": "Collection of tax on sale price of goods or property sold by public auction",
"related_acts": "788",
"section_id": 128
},
{
"act_id": 672,
"details": "542***",
"name": "Omitted",
"related_acts": "",
"section_id": 129
},
{
"act_id": 672,
"details": "543 53CCC. Any person being a company registered under the Companies Act, 1913 (VII of 1913) or কোম্পানী আইন, ১৯৯৪ (১৯৯৪ সনের ১৮ নং আইন) working as local agent of a non-resident courier company shall deduct or collect tax in advance at the rate of fifteen percent (15%) on the amount of service charge accrued from the shipment of goods, documents, parcels or any other things outside Bangladesh",
"name": "Deduction or collection of tax at source from courier business of a non-resident",
"related_acts": "788",
"section_id": 130
},
{
"act_id": 672,
"details": "54453D. (1) A person responsible for making any part or full payment for purchasing a film, drama or television or radio programme shall deduct tax at the rate of ten percent of the amount paid or payable at the time of making payment or credit of such payment to the account of the payee. (2) A person responsible for making any part or full payment to another person for performing in a film, drama, advertisement or any television or radio programme shall deduct tax at the rate of ten percent of the amount paid or payable at the time of making payment or credit of such payment to the account of the payee545: Provided that no tax shall be deducted under this section if the total payment does not exceed ten thousand taka.",
"name": "Deduction from payment to actors, actresses, producers, etc.",
"related_acts": "",
"section_id": 131
},
{
"act_id": 672,
"details": "546* * *",
"name": "Omitted",
"related_acts": "",
"section_id": 132
},
{
"act_id": 672,
"details": "54753DDD. Any person responsible for paying any amount on account of export cash subsidy to an exporter for promotion of export shall, at the time of payment or credit of such amount, deduct or collect tax in advance at the rate of 548549ten per cent on the amount so payable.",
"name": "Deduction of tax at source from export cash subsidy.",
"related_acts": "",
"section_id": 133
},
{
"act_id": 672,
"details": "55053E. (1) Any company making a payment or allowing an amount to a distributor, called by whatever name, or to any other person by way of commission, discount, fees, incentive or performance bonus or any other performance related incentive or any other payment or benefit of the similar nature for distribution or marketing of goods, shall deduct or collect tax at the time of payment or allowing the amount at the rate of ten percent (10%) of the amount of payment or the amount allowed or the value of benefits allowed, as the case may be. (2) Any company making a payment in relation to the promotion of the company or its goods to any person engaged in the distribution or marketing of the goods of the company shall, at the time of payment, deduct tax at the rate of one point five percent (1.5%) of the payment. (3) Any company, other than an oil marketing company, which sells goods to- (a) any distributor, or (b) any other person under a contract, at a price lower than the retail price fixed by such company, shall collect tax from such distributor or such any other person at the rate of five percent (5%) on the amount equal to B x C, where- B = the selling price of the company to the distributor or the other person; C = 5%: Provided that a cigarette manufacturer company shall collect tax at the time of sale of its goods to such distributor or to such other person at the rate of three percent (3%) of the difference between the sale price to the distributor or the other person and the retail price fixed by such company. (4) In this section- (a) “payment” includes a transfer, credit or an adjustment of payment 551or an order or instruction of making payment; (b) “contract” includes an agreement or arrangement, whether written or not552; (c) “company” includes a firm.",
"name": "Deduction or collection at source from commission, discount, fees, etc.",
"related_acts": "",
"section_id": 134
},
{
"act_id": 672,
"details": "55353EE. Where, in accordance with the terms of the letter of credit or under any other instruction, a bank, through which an exporter receives payment for export of goods, pays any amount out of the export proceeds to the credit of any person being an agent or a representative of the foreign buyer, as commission, charges or remuneration by whatever name it may be called, the bank shall deduct or collect tax in advance at the rate of 554ten per cent (10%) on the commission, charges or remuneration so paid at the time of such payment.",
"name": "Deduction of tax from commission or remuneration paid to agent of foreign buyer",
"related_acts": "",
"section_id": 135
},
{
"act_id": 672,
"details": "55553F. (1)Notwithstanding anything contained in this Ordinance or any other law for the time being in force in respect of exemption of tax, any person responsible for paying to a resident any sum by way of interest or share of profit on any saving deposits or fixed deposits or any term deposit maintained with any bank including a co-operative bank or any bank run on Islamic principles or non-banking financial institution or any leasing company or housing finance company, as the case may be, shall deduct, at the time of credit of such interest or share of profit to the account of the payee or at the time of payment thereof, whichever is earlier, income tax on such sum at the rate provided in the following table-Table Sl. No. Types of the payee Rate 1. Where the payee is a company 20% 2. Where the payee is a person other than a company 10% 3. Where the payee is a public university, or an educational institution whose teachers are enlisted for Monthly Pay Order (MPO), following the curriculum approved by the Government and whose governing body is also formed as per Government rules or regulations, or any professional institute established under any law and run by professional body of Chartered Accountants, Cost and Management Accountants or Chartered Secretaries 10% 4. Where the payee is recognized provident fund, approved gratuity fund, approved superannuation fund or pension fund 5% (2) Where the payee being a person required to submit return under section 75 fails to furnish proof of submission of return, the rate of deduction shall be 50% higher.(3) For the purpose of sub-section (2), the proof of submission of return of parent shall be considered as the proof of submission of return of a minor. (4) Nothing contained in this section shall apply-(a) to interest or share of profit arising out of any deposit pension scheme sponsored by the Government or by a Bank with prior approval of the Government; or(b) to such payee or class of payees as the Board may, by a general or special order, specify that income of such payee or class of payee is otherwise exempted from tax.",
"name": "Deduction at source from interest on saving deposits and fixed deposits, etc",
"related_acts": "",
"section_id": 136
},
{
"act_id": 672,
"details": "55653FF. Any person responsible for registering any document for transfer of any land or building or apartment, under the provision of Registration Act 1908 (XVI of 1908), shall not register the document unless tax is paid at the following rate by the transferrer who is engaged in real estate or land development business,- 557(a) in case of building or apartment558,constructed for residential purposes, situated- 559(i) at Gulshan Model Town, Banani, Baridhara, Motijeel Commercial Area and Dilkusha Commercial Area of Dhaka, taka 560one thousand and six hundred per square metre; (ii) at Dhanmondi Residential Area, Defense Officers Housing Society (DOHS), Mahakhali, Lalmatia Housing Society, Uttara Model Town, Bashundhara Residential Area, Dhaka Cantonment Area, Karwan Bazar Commercial Area of Dhaka and Panchlaish Residential Area, Khulshi Resindential Area, Agrabad and Nasirabad of Chittagong, taka 561one thousand and five hundred per square metre; 562(iii) in areas other than the areas mentioned in sub-clauses (i) and (ii)- A. if the area is within Dhaka South City Corporation, Dhaka North City Corporation and Chittagong City Corporation, taka one thousand per square metre; B. if the area is within any other city corporation, taka seven hundred per square metre; C. any other area, taka three hundred per square metre: Provided that the rate of source tax under clause (a) in respect of a residential apartment shall be twenty percent (20%) lower if the size of the apartment, including common space, is not more than seventy square metre, and forty percent (40%) lower if the size of the apartment, including common space, is not more than sixty square metre. 563(aa) in case of building or apartment or any space thereof, constructed not for the residential purposes, situated- (i) in areas mentioned under sub-clause (i) of clause (a), taka 564six thousand and five hundred per square metre; (ii) in areas mentioned under sub-clause (ii) of clause (a), taka 565five thousand per square metre; 566(iii) in areas other than the areas mentioned in sub-clauses (i) and (ii)- A. if the area is within Dhaka South City Corporation, Dhaka North City Corporation and Chittagong City Corporation, taka three thousand and five hundred per square metre; B. if the area is within any other city corporation, taka two thousand and five hundred per square metre; C. any other area, taka one thousand and two hundred per square metre. 567(b) in case of land to which the document relates and on which stamp duty is chargeable under the Stamp Act, 1899 (Act No. II of 1899) at the rate of- (i) five percent for Dhaka, Gazipur, Narayanganj, Munshiganj,Manikganj, Narsingdi and Chittagong districts; \t(ii) three percent for any other district.",
"name": "Collection of tax from persons engaged in real estate or land development business",
"related_acts": "77",
"section_id": 137
},
{
"act_id": 672,
"details": "53G. Any person responsible for paying to a resident any sum by way of remuneration or reward, whether by way of commission or otherwise, for soliciting or procuring insurance business including business relating to the continuance, renewal or revival of policies of insurance shall, at the time of credit of such sum to the account of the payee or at the time of payment thereof in cash or by issue of a cheque or draft or by any other mode, whichever is earlier, deduct income tax on such sum at the rate of 568five percent 569. ***",
"name": "Deduction at source from insurance commission",
"related_acts": "",
"section_id": 138
},
{
"act_id": 672,
"details": "53GG. A person responsible for paying to a resident any sum by way of remuneration or fees for conducting any survey regarding settlement of claim of an insurance shall, at the time of payment, deduct income-tax on such sum at the rate 570571ten per cent",
"name": "Deduction at source from fees, etc. of Surveyors of general insurance company",
"related_acts": "",
"section_id": 139
},
{
"act_id": 672,
"details": "572***",
"name": "Omitted",
"related_acts": "",
"section_id": 140
},
{
"act_id": 672,
"details": "57353H. (1) Any registering officer responsible for registering any document of a person under the provisions of clause (b), (c) or (e) of sub-section (1) of section 17 of the Registration Act, 1908 (XVI of 1908) shall not register any document unless tax is paid at such rate as may be prescribed in relation to the property to which the document relates and on which stamp-duty is chargeable under Stamp Act, 1899 (II of 1899) by the person whose right, title or interest is sought to be transferred, assigned, limited or extinguished thereby, at the time of registration of such document: Provided that the rate of tax shall not exceed taka ten lakh and eighty thousand per katha (1.65 decimal) for land, taka six hundred per square meter for any structure, building, flat, apartment or floor space on the land, if any, or four per cent of the deed value, whichever is higher. (2) Nothing in this section shall apply to a document relating to: (a) sale by a bank or any financial institution as a mortgagee empowered to sell; (b) mortgage of any property to any bank or any financial institution of against any loan574; (c) transfer of property to a trust or special purpose vehicle established only for the purpose of issuing sukuk approved by government or Securities Exchange Commission and vice versa. 575***",
"name": "Collection of tax on transfer, etc. of property",
"related_acts": "90,77",
"section_id": 141
},
{
"act_id": 672,
"details": "57653HH. Any registering officer responsible for registering, under the Registration Act, 1908 (XVI of 1908), any document in relation to any lease of immovable property for not less than ten years shall not register such document unless tax is paid at a rate of four per cent by the lessor on the lease amount of such property.",
"name": "Collection of tax from lease of property.",
"related_acts": "90",
"section_id": 142
},
{
"act_id": 672,
"details": "57753I.Any person responsible for paying any amount on account of interest of Post Office Savings Bank Account shall deduct, at the time of credit to the account of the payee or at the time of payment thereof, whichever is earlier, tax on such amount at the rate of ten percent: 578 * * * Provided 579*** that nothing contained in this section shall apply to such payee or class of payees as the Board may, by a general or special order, specify in this behalf.",
"name": "Deduction at source from interest on deposit of Post Office Savings Bank Account.",
"related_acts": "",
"section_id": 143
},
{
"act_id": 672,
"details": "58153J. (1) Where any payment is to be made by a specified person to a resident on account of renting 582water body not being government property or using any vacant land or plant or machinery, shall deduct tax at the rate of five per cent from the whole amount of the payment at the time of making such payment to the payee. (2) In this section-(a) “specified person” shall have the same meaning as in clause (a) of sub-section (2) of section 52; (b) “payment” shall have the same meaning as in clause (d) of sub-section (2) of section 52.",
"name": "Deduction at source from rental value of water body or vacant land or plant or machinery.",
"related_acts": "",
"section_id": 144
},
{
"act_id": 672,
"details": "58553K.The Government or any authority, corporation or body, including its units, the activities or the principal activities of which are authorised by any Act, Ordinance, Order or any other Instrument having the force of law in Bangladesh or any company as defined in clause (20) of section (2) or any banking company or any insurance company or any co-operative bank established by or under any law for the time being in force or any non-government organization registered with NGO Affairs Bureau or any university or medical college or dental college or engineering college responsible for making any payment to newspaper or magazine or private television channel 586or 587private radio station or any web site 588or any person on account of advertisement or of purchasing airtime of private television channel or radio station or such web site, shall deduct tax in advance at the time of such payment at the rate of 589four per cent (4%).",
"name": "Deduction of tax from advertising bill of newspaper or magazine or private television channel or private radio station, etc.",
"related_acts": "",
"section_id": 145
},
{
"act_id": 672,
"details": "590591***",
"name": "Omited",
"related_acts": "",
"section_id": 146
},
{
"act_id": 672,
"details": "53M.The Securities and Exchange Commission or Stock Exchange, as the case may be, at the time of transfer or declaration of transfer or according consent to transfer of securities or mutual fund units of a sponsor shareholder or director or placement holder of a company or sponsor or placement holder of a mutual fund listed with a Stock Exchange shall collect tax at the rate of five per cent on the difference between transfer value and cost of acquisition of the securities or mutual fund units. Explanation.- For the purpose of this section- (1) 'transfer’ includes transfer under a gift, bequest, will or an irrevocable trust; (2) 'transfer value’ of a security or a mutual fund unit shall be deemed to be the closing price of securities or mutual fund units prevailing on the day of consent accorded by the Securities and Exchange Commission or the Stock Exchange, as the case may be, or where such securities or mutual fund units were not traded on the day such consent was accorded, the closing price of the day when such securities or mutual fund units were last traded.",
"name": "Collection of tax from transfer of securities or mutual fund units by sponsor shareholders of a company etc.",
"related_acts": "",
"section_id": 147
},
{
"act_id": 672,
"details": "592 53N. (1) The Principal Officer of a stock exchange shall deduct tax at the rate of fifteen per cent on any profits and gains arising from the transfer of share of a shareholder of stock exchange established under ‘‘এক্সচেঞ্জেস ডিমিউচ্যুয়ালাইজেশন আইন, ২০১৩, (২০১৩ সনের ১৫ নং আইন)’’ Exchanges Demutualisation Act, 2013 (Act No. 15 of 2013) at the time of transfer or declaration of transfer or according consent to transfer of such share, whichever is earlier. (2) For the purpose of the computation of profits and gains of share under sub-section (1), the cost of acquisition of such share shall be the cost of acquisition incurred before ‘‘এক্সচেঞ্জেস ডিমিউচ্যুয়ালাইজেশন আইন, ২০১৩, (২০১৩ সনের ১৫ নং আইন)’’ Exchanges Demutualisation Act, 2013 (Act No. 15 of 2013) came into force.",
"name": "Collection of tax from transfer of share of shareholder of Stock Exchanges.",
"related_acts": "1115,1115",
"section_id": 148
},
{
"act_id": 672,
"details": "593***",
"name": "Omitted",
"related_acts": "",
"section_id": 149
},
{
"act_id": 672,
"details": "59453P. Deduction of tax from any sum paid by real estate developer to land owner.-Where any person engaged in real estate or land development business pays any sum to the land owner on account of signing money, subsistence money, house rent or in any other form called by whatever name for the purpose of development of the land of such owner in accordance with any power of attorney or any agreement or any written contract, such person shall deduct tax at the rate of fifteen per cent (15%) on the sum so paid at the time of such payment.",
"name": "Deduction of tax from any sum paid by real estate developer to land owner",
"related_acts": "",
"section_id": 150
},
{
"act_id": 672,
"details": "59553Q. (1)The personresponsible for the registration and fitness renewal of motor vehicles shall not register or allow fitness renewal unless, a challan of advance tax at the rate given in the following table is attached with the application: Table Serial No. Description of the vehicle Rate (in taka) 1. Bus having seats exceeding 52 16,000/- 2. Bus having seats not exceeding 52 11,500/- 3. Air conditioned Bus 37,500/- 4. Double decker Bus 16,000/- 5. Air conditioned (AC) Minibus/Coaster 16,000/- 6. Non-AC Minibus/Coaster 6,500/- 7. Prime mover 24,000/- 8. Truck, Lorry or Tank Lorry having payload capacity exceeding five tons 16,000/- 9. Truck, Lorry or Tank Lorry having payload capacity exceeding one and half tons but not exceeding five tons 9,500/- 10. Truck, Lorry or Tank Lorry having payload capacity not exceeding one and half tons 4,000/- 11. Pickup van, human hauler, maxi or auto rickshaw 4,000/- 12. Air conditioned Taxicab 11,500/- 13. Non-AC Taxicab 4,000/- . (2) In case of registration or fitness renewal of a vehicle for more than one year, advance tax under sub-section (1) shall be collected on or before 30th June in every subsequent year or years following the year in which registration or fitness renewal of the vehicle has been done.(3) Where any person fails to pay advance tax in accordance with sub-section (2), the amount of advance tax payable shall be calculated in accordance with A+ B formula, where-A = the amount of advance tax not paid in the previous year or years; andB = the amount of advance tax payable under sub-section (2) for the year in which an asseesee is making the payment.(4) Advance tax under sub-section (2) shall not be collected if the vehicle is owned by-(i) the government and the local government;(ii) a project, programme or activity under the government and the local government;(iii) a foreign diplomat, a diplomatic mission in Bangladesh, United Nations and its offices;(iv) a development partner of Bangladesh and its affiliated office or offices;(v) an educational institution under the Monthly Payment Order of the Government;(vi) a public university;(ix) an institution that has obtained a certificate from the Board that advance tax shall not be collected from it.",
"name": "Collection of Tax from motorvehicles plying commercially",
"related_acts": "",
"section_id": 151
},
{
"act_id": 672,
"details": "59653R. (1)The person responsible for granting a certificate of survey or renewing a certificate of survey under the Inland Shipping Ordinance, 1976 (Ordinance No. LXXII of 1976) shall not grant or renew such certificate of survey unless a challan of advance tax computed at the rate given in the following table is attached with the application:Table Serial No. Description of Vessel Rate (1) (2) (3) 1. Inland ships engaged in carrying passengers in inland water Taka 125 per passenger (carrying capacity of an inland ship shall be the capacity of daytime plying in smooth waters) 2. Cargo, Container (multipurpose) and Coaster engaged in carrying goods in inland water Taka 170 per gross tonnage 3. Dump barge engaged in carrying goods in inland water Taka 125 per gross tonnage. (2) In case of granting a certificate of survey or renewing a certificate of survey for more than one year, advance tax under sub-section (1) shall be collected on or before 30th June in every subsequent year or years following the year in which grant of or renewal of such certificate has been done.(3) Where any person fails to pay advance tax in accordance with sub-section (2), the amount of advance tax payable shall be calculated in accordance with A+ B formula, where-A = the amount of advance tax not paid in the previous year or years; andB = the amount of advance tax payable under sub-section (2) for the year in which an asseesee is making the payment.(4) For the purpose of this section ‘inland ship’ and ‘inland water’ shall have the same meaning as defined in the Inland Shipping Ordinance, 1976 (Ordinance No. LXXII of 1976).",
"name": "Collection of tax from inland ships",
"related_acts": "531,531",
"section_id": 152
},
{
"act_id": 672,
"details": "59754. Deduction of tax from dividends.- The principal officer of a company registered in Bangladesh, or of any other company, shall, at the time of paying any dividend to a shareholder, deduct tax on the amount of such dividend, in the case of a resident or a non-resident Bangladeshi,- (a) if the shareholder is a company, at the rate applicable to a company ; (b) if the shareholder is a person other than a company, at the rate of ten per cent (10%) where the person receiving such dividend furnishes his twelve-digit Taxpayer's Identification Number (TIN) to the payer or fifteen per cent (15%) where the person receiving such dividend fails to furnish his twelve-digit Taxpayer's Identification Number (TIN) to the payer598: Provided that the provision of this section shall not be applicable to any distribution of taxed dividend to a company 599*** if such taxed dividend enjoys tax exemption under the provisions of the paragraph 60 of Part A of the Sixth Schedule.",
"name": "Deduction of tax from dividends",
"related_acts": "",
"section_id": 153
},
{
"act_id": 672,
"details": "55. The person responsible for paying any amount on account of winnings referred to in section 19(13) shall, at the time of making such payment, deduct tax 600payable on the amount at the rate of twenty per cent. Explanation.-For the purpose of this section, the expression “any amount” means the value of any goods or assets where the payment on account of such winnings is made not in the form of cash but in the from of goods or other assets.",
"name": "Deduction from income from lottery, etc.",
"related_acts": "",
"section_id": 154
},
{
"act_id": 672,
"details": "56. 601(1) Subject to the provisions of sub-section (2), the specified person or any other person responsible for making payment to a non-resident of any amount which constitutes the income of such non-resident chargeable to tax under this Ordinance shall, unless such person is himself liable to pay tax thereon as agent, at the time of making such payment, deduct tax on the amount so payable at the rate, specified below: SL. No Description of services or payments Rate of deduction of tax 1 Advisory or consultancy service 20% 2 Pre-shipment inspection service 20% 3 Professional service, technical services, technical know-how or technical assistance 20% 4 Architecture, interior design or landscape design, fashion design or process design 20% 5 Certification rating etc. 20% 6 Charge or rent for satellite, airtime or frequency, rent for channel broadcast 20% 7 Legal service 20% 8 Management service including event management 20% 10% 9 Commission 20% 10 Royalty, license fee or payments related to intangibles 20% 11 Interest 20% 12 Advertisement broadcasting 20% 13 Advertisement making 602or Digital marketing 15% 14 Air transport or water transport 603 not being the carrying services mentioned in sections 102 or 103A 7.5% 15 Contractor or sub-contractor of manufacturing, process or conversion, civil work, construction, engineering or works of similar nature. 7.5% 16 Supplier 7.5% 17 Capital gain 15% 18 Insurance premium 10% 19 Rental of machinery, equipment etc. 15% 20 604Dividend— (a) company, fund and trust (b) any other person not being a company, fund and trust 20% 20% 21 Artist, singer or player 30% 22 Salary or remuneration 30% 23 23 Exploration or drilling in petroleum operations 5.25% 60524 Survey for coal, oil or gas exploration 5.25% 24A Fees, etc. of surveyors of general insurance company 20% 25 Any service for making connectivity between oil or gas field and its export point 5.25% 26 Any payments against any services not mentioned above 20% 60627 Bandwith payment 10% 28 Any other payments 20% 607Provided that when any capital gain arises from the transfer of any share of a company, the person or the authority, as the case may be, responsible for effecting the transfer of shares shall not give any effect in respect of such transfer if tax on such capital gain has not been paid. 608(2) Where, in respect of any payment under this section, the Board, on an application made in this behalf, is satisfied that due to tax treaty or any other reason the non-resident is not be liable to pay any tax in Bangladesh, or is liable to pay tax at a reduced rate in Bangladesh, the Board may issue a certificate 609within thirty days from the date of receipt of such application accompanied by all the documents as required by the Board to the effect that the payment referred to in sub-section (1) shall be made without any deduction or, in applicable cases, with a deduction at the reduced rate as mentioned in the certificate. (2A) Tax deducted under this section shall be deemed to be the minimum tax liability of the payee in respect of the income for which the deduction is made, and shall not be subject of refund or set off or an adjustment against a demand. 610(3) For the purpose of this section—(i) “specified person” shall have the same meaning as in clause (a) of sub-section (2) of section 52 of this Ordinance; and(ii) “payment” includes a transfer, a credit, an adjustment of payment or an order or instruction of making payment.",
"name": "Deduction from income of non-residents",
"related_acts": "",
"section_id": 155
},
{
"act_id": 672,
"details": "61157. (1)Where a person-(a) fails to deduct or collect tax at source as required by or under the provisions of this Chapter; or(b) deducts or collects tax at a lesser rate or in lesser amount; or(c) after deducting or collecting tax under this Chapter, fails to pay the same to the credit of the Government, or pays to the credit of the Government an amount lower than the collected or deducted amount; or(d) fails to comply with any other provision of this Chapter;such person shall be deemed to be an asseesee in default, and without prejudice to any other consequences to which such person may be liable, shall be liable to pay–(i) the amount of tax that has not been deducted or collected; or(ii) the amount which was required to be deducted or collected under this Chapter as reduced by the amount that has been actually deducted or collected; or(iii) the amount that, after being collected and deducted, has not been paid to the credit of the Government; or(iv) a penalty not exceeding Taka ten lakhs for being non-compliant in respect of cases other than the cases mentioned above.(2) In addition to the amount as mentioned in sub-section (1), the person shall also be liable to pay an additional amount at the rate of two percent (2%) per month on the amount other than the penalty as mentioned in clauses (i), (ii) and (iii) of sub-section (1), as the case or cases may be, calculated for the period-(i) in the case of failure to deduct or collect, or of the deduction or collection at lower rate or amount, from the due date of the deduction or collection to the date of the payment of the amount, as mentioned in sub-clauses or (ii) of clause (c) of sub-section (1), as the case may be, to the credit of the Government;(ii) in the case of failure to deposit the amount deducted or collected, from the date of deduction or collection to the date of payment of the amount, as mentioned in sub-clause (iii) of clause (c) of sub-section (1), to the credit of the Government.(3) The period for which the additional amount under subsection (2) is calculated shall not exceed twenty-four months.(4) The Deputy Commissioner of Taxes shall take necessary action for the realisation of the amount and penalty as mentioned in sub-section (1) and the additional amount as mentioned in sub-section (2) from the person referred to in sub-section (1) after giving the person a reasonable opportunity of being heard.(5) Where the person responsible for deducting or collecting tax under this chapter is the Government, or any authority, corporation or body of the Government- including its units or a project or programme or activity where government has any financial or operational involvement-(i) the individuals responsible for approving or allowing the payment; or(ii) the individuals who is responsible for allowing, approving or granting any clearance, registration, license, permits, etc.shall be jointly and severally liable to pay taxes, penalty or additional amount under this section.(6) Where the person responsible for deducting or collecting tax under this chapter is a person other than the Government, or any authority, corporation or body of the Government- including its units or a project or programme or activity where government has any financial or operational involvement-(i) the organization itself; and(ii) the individuals responsible for approving or allowing the paymentshall be jointly and severally liable to pay taxes, penalty or additional amount under this section.(7) No realisation of the amount mentioned in sub-section (1) shall be made if it is established that such amount has meanwhile been paid by the person from whom the deduction or collection was due.",
"name": "Consequences of failure to deduct, collect, etc",
"related_acts": "",
"section_id": 156
},
{
"act_id": 672,
"details": "61257A. (1) Where a person issues a certificate of deduction or collection of tax at source without actual deduction or collection or payment to the credit of the Government, without prejudice to any other consequences to which he may be liable, the person shall be personally liable to pay the amount not being deducted, collected or paid to the credit of the Government. (2) The Deputy Commissioner of Taxes shall take necessary action for the collection of amount mentioned in sub-section (1) from the person so personally liable after giving the person a reasonable opportunity of being heard.",
"name": "Consequences of the issuance of certificate of tax deduction or collection without actual deduction, collection or payment",
"related_acts": "",
"section_id": 157
},
{
"act_id": 672,
"details": "61358. (1) Every person who has deducted or collected any tax under this Chapter shall furnish, to the person from whom such deduction or collection has been made, a certificate of tax deduction or collection specifying therein- (a) the name and the Taxpayer’s Identification Number, if any, of the person from whom tax has been deducted or collected; (b) the amount of deduction or collection of taxes; (c) section or sections under which tax has been deducted or collected; (d) the particulars of the payment of deducted or collected amount to the credit of the Government; and (e) such other particulars as may be prescribed. (2) The Board may, by notification in the official Gazette, - (a) specify 614the cases in which the certificate of tax deduction or collection shall be generated or furnished electronically or in any other machine readable or computer readable media; (b) specify the manner in which such electronic, machine readable or computer readable certificate shall be generated or furnished. 615 (3) Every person who has deducted or collected any tax under this Chapter shall furnish a statement to such income tax authority and in such manner as may be prescribed.",
"name": "Certificate of deduction, etc. of tax",
"related_acts": "",
"section_id": 158
},
{
"act_id": 672,
"details": "59. All sums deducted or collected as tax under the provisions of this Chapter shall be paid within the prescribed time by the person making the deduction or collection to the credit of the Government or as the Board may direct.",
"name": "Payment to Government of tax deducted",
"related_acts": "",
"section_id": 159
},
{
"act_id": 672,
"details": "60. Save as provided in this Ordinance, no person shall charge, withhold, deduct or collect any sum, directly or indirectly, as tax and, where any sum is so charged, withheld, deducted or collected, it shall be paid in the manner provided in section 59.",
"name": "Unauthorised deduction prohibited",
"related_acts": "",
"section_id": 160
},
{
"act_id": 672,
"details": "61. The power to levy tax by deduction or collection under this Chapter shall be without prejudice to any other mode of recovery.",
"name": "Power to levy tax without prejudice to other mode of recovery",
"related_acts": "",
"section_id": 161
},
{
"act_id": 672,
"details": "62. Any deduction or collection of tax made and paid to the account of the Government in accordance with the provisions of this Chapter shall be treated as a payment of tax on behalf of the person from whose income the deduction or collection was made, or of the owner of the security or of the shareholder, as the case may be, and credit shall be given to him therefore on the production of the certificate furnished 616, along with the proof of payment of such tax to the account of the Government, under section 58 in the assessment, if any, made for the following year under this Ordinance: Provided that, if such person or such owner obtains, in accordance with the provisions of this Ordinance, a refund of any portion of the tax so deducted, no credit shall be given for the amount of such refund: Provided further that where such person or owner is a person whose income is included under the provisions of sections 43(4) or (5) or section 104 or 105 or 106 in the total income of another person, such other person shall be deemed to be the person or owner on whose behalf payment has been made and to whom credit shall be given in the assessment for the following year. 617* * *",
"name": "Credit of tax deducted or collected at source",
"related_acts": "",
"section_id": 162
},
{
"act_id": 672,
"details": "618***",
"name": "Omitted",
"related_acts": "",
"section_id": 163
},
{
"act_id": 672,
"details": "63. The tax under this Ordinance shall be payable by the assessee direct- (a) \tin any case where tax has not been deducted or collected as required by, and in accordance with, the provisions of this Chapter; (b) \tin any case where the amount deducted or collected is found, after regular assessment, to be less than the tax due from the assessee, to the extent of deficiency; and (c) \tin the case of income in respect of which no provision has been made for deduction or collection of tax under the provisions of this Chapter.",
"name": "Payment of tax where no deduction is made",
"related_acts": "",
"section_id": 164
},
{
"act_id": 672,
"details": "64. (1) Except as provided in sub-section (2), tax shall be payable by an assessee during each financial year by way of advance payment of tax, hereinafter referred to as “advance tax”, in accordance with the provisions hereafter made in this Chapter if the total income of the assessee for the latest income year in respect of which he has been assessed by way of regular assessment or has been provisionally assessed under this Ordinance or the Income-tax Act, 1922 (XI of 1922), exceeds 619620six lakh taka. (2) Nothing in sub-section (1) shall apply to any income classifiable under the heads “Agricultural income” and “Capital gains” 621excluding gain from transfer of share of a company listed with a stock exchange.",
"name": "Advance payment of tax",
"related_acts": "",
"section_id": 165
},
{
"act_id": 672,
"details": "65. (1) The 622The minimum amount of advance tax payable by an assessee in a financial year shall be the amount equal to the tax payable on his total income of the latest income year as assessed on regular basis or provisionally, as the case may be, as reduced by the amount of tax required to be deducted or collected at source in accordance with the preceding provisions of this Chapter. (2) The tax payable under sub-section (1) shall be calculated at the rates in force in respect of the financial year referred to therein.",
"name": "Computation of advance tax",
"related_acts": "",
"section_id": 166
},
{
"act_id": 672,
"details": "66. Advance tax shall be payable in four equal instalments on the fifteenth day of September, December, March and June of the financial year for which the tax is payable 623: Provided that, if before the fifteenth day of May of the year, an assessment of the assessee is completed in respect of an income year, later than that on the basis of which the tax was computed under section 65, the assessee shall pay in one instalment on the specified date or in equal instalments on the specified dates, if more than one falling after the date of the said assessment, the tax computed on the revised basis as reduced by the amount, if any, paid in accordance with the original computation.",
"name": "Instalments of advance tax",
"related_acts": "",
"section_id": 167
},
{
"act_id": 672,
"details": "67. (1) Where, an assessee who is required to pay advance tax under section 64 estimates, at any time before the last instalment is due, that the tax payable by him for the relevant assessment year is likely to be less than the amount of tax as computed under section 65, he may, after giving to the Deputy Commissioner of Taxes an estimate of the tax payable by him, pay such estimated amount of advance tax, as reduced by the amount, if any, already paid, in equal instalments on the due dates of payment under section 66. (2) The assessee may furnish a revised estimate of such amount at any time before any of such instalments become payable and may thereby adjust any excess or deficiency, by reference to the amount already paid by him under this section, in any subsequent instalment or instalments payable in such financial year.",
"name": "Estimate of advance tax",
"related_acts": "",
"section_id": 168
},
{
"act_id": 672,
"details": "68. Any person who has not previously been assessed by way of regular assessment under this Ordinance or the Income-tax Act, 1922 (XI of 1922), shall before the fifteenth day of June in each financial year, if his total income, subject to section 64(2), of the period which would be the income year for the immediately following assessment year is likely to exceed 624625six lakh taka, send to the Deputy Commissioner of Taxes an estimate of his total income and advance tax payable by him calculated in the manner laid down in section 65 and shall pay such amount on such dates specified in section 66 as have not expired by instalments which may be revised according to section 67(2).",
"name": "Advance payment of tax by new assessees",
"related_acts": "",
"section_id": 169
},
{
"act_id": 672,
"details": "62668A. (1) A manufacturer of cigarette shall pay advance tax at the rate of three percent (3%) on net sale price in every month. (2) The advance tax paid under sub-section (1) shall be adjustable against the quarterly installments of advance tax payable under section 66. Explanation.-In this section, “net sale” shall be A- B, where, A is the gross sale and B is the value added tax and the supplementary duty, if any, on such gross sale.",
"name": "Advance tax on certain income",
"related_acts": "",
"section_id": 170
},
{
"act_id": 672,
"details": "68B. (1) Every person owning a private motor car shall be deemed to have an income by which the motor car is maintained and shall pay advance income tax to be collected at the rate and in the manner as mentioned in sub-section (2).(2) Subject to the provision of sub-section (3), the authority responsible for the registration and fitness renewal of motor car shall collect, on or before the date of registration or fitness renewal of the motor car, advance tax at the following rate-627Table Serial No. Type and engine capacity of motor car Amount of tax (in taka) 1 A car or a jeep, not exceeding 1500cc or 75kw 25,000/- 2 A car or a jeep, exceeding 1500cc or 75kw but not exceeding 2000cc or 100 kw 50,000/- 3 A car or a jeep, exceeding 2000cc or 100 kw but not exceeding 2500cc or 125 kw 75,000/- 4 A car or a jeep, exceeding 2500cc or 125 kw but not exceeding 3000cc or 150 kw 1,25,000/- 5 A car or a jeep, exceeding 3000cc or 150 kw but not exceeding 3500cc or 175 kw 1,50,000/- 6 A car or a jeep, exceeding 3500cc or 175 kw 2,00,000/- 7 A microbus 30,000/- Provided that the rate of tax shall be fifty percent (50%) higher for each additional motor car if the owner has two or more motor cars in his name or in joint names with other person or persons. 628(2A) In case of registration or fitness renewal of motor car for more than one year, advance tax under sub-section (2) shall be collected on or before 30th June in every subsequent year or years following the year in which registration or fitness renewal of motor car has been done.(2B) Where any person fails to pay advance tax in accordance with sub-section (2A), the amount of advance tax payable shall be calculated following A+B formula, where-A = the amount of advance tax not paid in the previous year or years; andB = the amount of advance tax payable under sub-section (2) for the year in which an assessee is making the payment. (3) Advance tax under sub-section (2) shall not be collected if the motor car is owned by-(i) the government and the local government;(ii) a project, programme or activity under the government and the local government;(iii) a foreign diplomat, a diplomatic mission in Bangladesh, United Nations and its offices;(iv) a development partner of Bangladesh and its affiliated office or offices;(v) an educational institution under the Monthly Payment Order of the Government;(vi) a public university;(vii) any entity that is not a person as defined under clause (46) of section (2) of this Ordinance;(viii) a gazetted war-wounded freedom fighter; or(ix) an institution that has obtained a certificate from the Board that advance tax shall not be collected from it.(4) Where a person pays advance tax under sub-section (2), and the income from regular sources of the person results in a tax liability less than the said advance tax, the income of such person shall be deemed to be the amount that results a tax liability equal to the said advance tax.(5) The advance tax paid under sub-section (2) shall not be refundable.(6) In this section-629a) “motor car” includes a jeep or a microbus but does not include a motor vehicle mentioned in section 53Q and a motor cycle.(b) income from regular sources means income from any source other than the sources mentioned in sub-section (2) of section 82C.",
"name": "Advance tax for the owners of private motor car",
"related_acts": "",
"section_id": 171
},
{
"act_id": 672,
"details": "69. Where, an assessee who is required to pay advance tax fails, to pay any instalment of such tax, as originally computed or as the case may be, estimated, on the due date, he shall be deemed to be an assessee in default in respect of such instalment.",
"name": "Failure to pay instalments of advance tax",
"related_acts": "",
"section_id": 172
},
{
"act_id": 672,
"details": "70. Where, in respect of an assessee who is required to pay advance tax, it is found in the course of regular assessment that advance tax has not been paid in accordance with the provisions of this Chapter, there shall be added, without prejudice to the consequences of the assessee being in default under section 69, to the tax as determined on the basis of such assessment, simple interest thereon calculated at the rate and for the period specified in section 73.",
"name": "Levy of interest for failure to pay advance tax",
"related_acts": "",
"section_id": 173
},
{
"act_id": 672,
"details": "71. Any sum, other than a penalty or interest, paid by or recovered from an assessee as advance tax, shall be treated as a payment of tax in respect of the income of the period which would be the income year for an assessment for the year next following the year in which it was payable and shall be given credit for in the assessment of tax payable by the assessee.",
"name": "Credit of advance tax",
"related_acts": "",
"section_id": 174
},
{
"act_id": 672,
"details": "72. (1) The Government shall pay simple interest at 630ten per cent per annum on the amount by which the aggregate sum of advance tax paid during a financial year exceeds the amount of tax payable by him as determined on regular assessment. (2) The period for which interest under sub-section (1) shall be payable shall be the period from the 631first day of July of the year of assessment to the date of regular assessment in respect of the income of that year or a period of two years from the said 632first day of July, whichever is shorter.",
"name": "Interest payable by Government on excess payment of advance tax",
"related_acts": "",
"section_id": 175
},
{
"act_id": 672,
"details": "63373. (1) Where in any financial year advance tax paid by an assessee together with the tax deducted or collected at source, if any, under this Chapter is less than seventy-five percent (75%) of the amount of tax payable by him as determined on regular assessment, the assessee shall pay, in addition to the balance of tax payable by him, simple interest at the rate of ten percent (10%) per annum on the amount by which the tax so paid, deducted and collected falls short of the seventy five percent (75%) of the assessed tax: Provided that the rate of interest shall be fifty percent (50%) higher if the return is not filed on or before the Tax Day. (2) The period for which the interest under sub-section (1) is payable shall be the period from the first day of July next following the financial year in which the advance tax was applicable to the date of regular assessment in respect of the income of that year or a period of two years from the said first day of July, whichever is shorter. (3) Notwithstanding anything contained in sub-sections (1) and (2), where- (a) tax is paid under section 74; or (b) provisional assessment has been made under section 81 but regular assessment has not been made, the simple interest shall be calculated in accordance with the following provisions- (i) up to the date or dates on which tax under section 74 or as provisionally assessed, was paid; (ii) thereafter, such simple interest shall be calculated on the amount by which the tax so paid falls short of the said seventy five percent (75%) of the assessed tax. (4) Where as a result of appeal, revision or reference the amount on which interest was payable under sub-section (1) has been reduced, the amount of interest payable shall be reduced accordingly and the excess interest paid, if any, shall be refunded together with the amount of tax that is refundable. Explanation.-For the removal of doubts, it is hereby declared that in this section, “regular assessment” includes 634the acceptance of revised return or the assessment made as a result of the audit under section 82BB(7).",
"name": "Interest payable by the assessee on deficiency in payment of advance tax",
"related_acts": "",
"section_id": 176
},
{
"act_id": 672,
"details": "73A. (1) Where an assessee is required to file a return of income for an assessment year under section 75 and fails to file the same before the expiry of the Tax Day, the assessee shall, without prejudice to any other consequences to which he may be liable to, pay a delay interest at the rate of two percent (2%) per month on the difference between the tax assessed on total income for the assessment year and the tax paid in advance for the assessment year including the tax deducted or collected at source; Explanation.-In this section, the expression “tax assessed on total income” as mentioned in 635*** sub-section (1) means- 636(i) where the return is subject to assessment under section 82BB, if tax under any other sub-section of section 82BB is higher than the tax under sub-section (1) of that section, the higher tax; (ii) where the return is not subject to assessment under section 82BB, tax on total income as assessed by the Deputy Commissioner of Taxes. (2) The delay interest under sub-section (1) shall be calculated for a period from the first day immediately following the Tax Day to- (a) where the return is filed, the date of filing the return; (b) where the return is not filed, the date of regular assessment: Provided that the period for calculating delay interest under this section shall not exceed one year: Provided further that the delay interest under this section shall not be payable by an assessee for whom the proviso of sub-section (5) of section 75 applies.",
"name": "Delay Interest for not filing return on or before the Tax Day",
"related_acts": "",
"section_id": 177
},
{
"act_id": 672,
"details": "74. 637 (1) Every person who is required to file a return under section 75, 77, 78, 89(2), 91(3) or 93(1) shall, on or before the date on which he files the return, pay the amount of tax payable by him on the basis of such return or as per provision of 638sub-section (4) of section 82C, which ever is higher, as reduced by the amount of any tax deducted from his income or paid by him in accordance with the provisions of this Chapter. (2) Any amount paid under sub-section (1) shall be deemed to have been paid towards the sum as may be determined to be payable by him after regular assessment. (3) A person who, without reasonable cause, fails to pay the tax as required by sub-section (1) shall be deemed to be an assessee in default.",
"name": "Payment of tax on the basis of return",
"related_acts": "",
"section_id": 178
},
{
"act_id": 672,
"details": "63975.(1) Subject to the provisions of sub-section (2), every person shall file or cause to be filed, with the Deputy Commissioner of Taxes, a return of income of the income year – (a) if the total income of the person during the income year exceeds the maximum amount that is not chargeable to tax under this Ordinance; or (b) if such person was assessed to tax for any one of the three years immediately preceding that income year; or (c) if the person is- (i) a company; or (ii) a non-government organisation registered with NGO Affairs Bureau; or (iii) a co-operative society; or (iv) a firm; or (v) an association of persons; or (vi) a shareholder director or a shareholder employee of a company; or (vii) a partner of a firm; or (viii) an employee of the government or an authority, corporation, body or units of the government or formed by any law, order or instrument being in force, if the employee, at any time in the income year, draws a basic salary of taka sixteen thousand or more; or 640(ix) an employee holding an executive or a management position in a business or profession; or 641(x) a Micro Credit Organisation having licence with Micro Credit Regulatory Authority; or(xi) a non-resident having permanent establishment in Bangladesh. (d) if the person, not being an institution established solely for charitable purpose or a fund, has an income during the income year which is subject to tax exemption or lower tax rate under section 44; or (e) if the person, at any time during the relevant income year fulfills any of the following conditions, namely:- (i) owns a motor car; or (ii) owns a membership of a club registered under 642any law governing value added tax; or (iii) runs any business or profession having trade license from a city corporation, a paurashava or a union parishad; or (iv) has registered with a recognized professional body as a doctor, dentist, lawyer, chartered accountant, cost and management accountant, engineer, architect or surveyor or any other similar profession; or (v) has registered with the Board as an income tax practitioner; or (vi) has a membership of a chamber of commerce and industries or a trade association or body; or (vii) runs for an office of any paurashava, city corporation, or a Member of Parliament; 643or (viii) participates in a tender floated by the government, semi-government, autonomous body or a local authority; or (ix) serves in the board of directors of a company or a group of companies 644; or 645(x) participates in a shared economic activities by providing motor vehicle, space, accommodation or any other assets; or (xi) owns any licensed arms; or 646(f) if such person is required to furnish proof of submission of return under section 184A: Provided that any non-resident Bangladeshi may file his return of income along with bank draft equivalent to the tax liability, if any, on the basis of such return, to his nearest Bangladesh mission and the mission will issue a receipt of such return with official seal and send the return to the Board. 647 (2) A return of income under sub-section (1) shall not be mandatory for-(i) an educational institution that receives government benefits under Monthly Payment Order (MPO) and does not have english version curriculum; or(ii) a public university; or(iii) a recognized provident fund, an approved gratuity fund, a pension fund, an approved superannuation fund; or(iv) a non-resident individual having no fixed base in Bangladesh; or(v) any class of persons which the Board may, by order in official gazette, exempt from filing the return. (3) Subject to the provision of sub-section (4), the return under sub-section (1) shall be- (a) furnished in the prescribed form setting forth therein such particulars and information, and accompanied by such schedules, statements, accounts, annexures or documents as may be prescribed; (b) signed and verified- (i) in the case of an individual, by the individual himself; where the individual is absent from Bangladesh, by the individual concerned or by some person duly authorised by him in this behalf; and when the individual is mentally incapacitated from attending to his affairs, by his guardian or by any other person competent to act on his behalf; (ii) in the case of a Hindu undivided family, by the Karta, and, where the Karta is absent from Bangladesh or is mentally incapacitated from attending to his affairs, by any other adult member of such family; (iii) in the case of a company or a local authority, by the principal officer thereof; (iv) in the case of a firm, by any partner thereof, not being a minor; (v) in the case of any other association, by any member of the association or the principal officer thereof; (vi) in the case of any other person, by that person or by any person competent to act on his behalf; (c) accompanied by- (i) in the case of individual, statements of assets, liabilities and life style as required under section 80; (ii) in the case of a company, an audited statement of accounts and a computation sheet explaining the difference between the profit or loss shown in the statement of accounts and the income shown in the return. (4) The Board may, by notification in the official Gazette, - (a) specify that any return required to be filed under this section shall be filed electronically or in any other machine readable or computer readable media; (b) specify the form and the manner in which such electronic, machine readable or computer readable returns shall be filed. (5) Every return under this section shall be filed, unless the date is extended under sub-section (6), on or before the Tax Day: Provided that an individual being Government official engaged in higher 648education or training on deputation or leave or employed under lien outside Bangladesh shall file return or returns for the period of such deputation or lien, at a time, within three months from the date of his return to Bangladesh. (6) The last date for the submission of a return for a person may be extended by the Deputy Commissioner of Taxes upon the application by the person in the prescribed form: Provided that the Deputy Commissioner of Taxes may extend the date up to two months from the date so specified and he may further extend the date up to two months with the approval of the Inspecting Joint Commissioner.",
"name": "Return of income",
"related_acts": "",
"section_id": 179
},
{
"act_id": 672,
"details": "75A. (1) Every person, being a company or a co-operative society or a non-government organization registered with NGO Affairs Bureau 649a Micro Credit Organisation having licence with Micro Credit Regulatory Authority, 650a university, a private hospital, a clinic, a diagnostic centre, 651an English medium school providing education following international curriculum, artificial juridical person, local authority, a firm or an association of persons, shall file or cause to be filed, with the Deputy Commissioner of Taxes under whose jurisdiction he is an assessee, a return of tax deducted or collected under the provisions of Chapter VII of this Ordinance. (2) The return under sub-section (1) shall be- (a) furnished in the prescribed form setting forth therein such particulars and information, and accompanied by such schedules, statements, accounts, annexures or documents as may be prescribed; (b) signed and verified in the manner as specified in 652clause (b) of sub-section (3) of section 75; (c) filed half-yearly by the following dates- (i) First return: by Thirty-first January of the year in which the deduction or collection was made; (ii) Second return: by Thirty-first July of the next year following the year in which the deduction or collection was made: Provided that the last date for the submission of a return as specified in this sub-section may be extended by the Deputy Commissioner of Taxes upto fifteen days from the date so specified. (3) The Board may, by notification in the official Gazette,- (a) specify 653the cases in which the return required to be filed under this section shall be filed electronically or in any other machine readable or computer readable media; (b) specify the form and the manner in which such electronic, machine readable or computer readable returns shall be filed.",
"name": "Return of withholding tax",
"related_acts": "",
"section_id": 180
},
{
"act_id": 672,
"details": "75AA. (1) The Deputy Commissioner of Taxes, with the approval of the 654Commissioner, shall select a number of returns of withholding tax filed under section 75A for audit. (2) The Deputy Commissioner of Taxes shall conduct the audit of the selected return in respect of the following matters- (a) whether the tax has been deducted or collected at the rate, in the amount and in the manner as provided in Chapter VII of this Ordinance and the rules made thereunder; (b) whether the tax collected or deducted has been paid to the credit of the Government, or has been paid in accordance with the manner and within the time as prescribed; (c) whether the certificate of tax deduction or collection has been furnished in accordance with the provisions of this Ordinance. (3) Where an audit under sub-section (2) results in findings that the provisions of this Ordinance in respect of the matters mentioned in clauses (a), (b) or (c) of sub-section (2) have not complied with, the Deputy Commissioner of Taxes conducting the audit may take necessary actions under this Ordinance, including the actions under sections 57, 57A and 124. (4) No return shall be selected for audit after the expiry of four years from the end of the year in which the return was filed.",
"name": "Audit of the return of withholding tax",
"related_acts": "",
"section_id": 181
},
{
"act_id": 672,
"details": "65575B.(1) Government may, by notification in the official gazette, require any person or group of persons responsible for registering or maintaining books of account or other documents containing a record of any specified financial transaction, under any law for the time being in force, to furnish an Annual Information Return, in respect of such specified financial transaction. (2) The Annual Information Return referred to in sub-section (1) shall be furnished to the Board or any other income tax authority or agency, in such form, manner and within such time as may be prescribed.",
"name": "Obligation to furnish Annual Information Return.",
"related_acts": "",
"section_id": 182
},
{
"act_id": 672,
"details": "65675C.Board may, by general or a special order in writing, direct that in respect of all or any proceedings relating to receiving of return of income and issuance of acknowledgement thereof in accordance with the provisions of section 75, 77, 78, 89(2), 91(3) or 93(1), the powers and functions of the Deputy Commissioner of Taxes shall be concurrently exercised by such other authority as may be specified by the Board.",
"name": "Concurrent jurisdiction.",
"related_acts": "",
"section_id": 183
},
{
"act_id": 672,
"details": "657***",
"name": "Omitted",
"related_acts": "",
"section_id": 184
},
{
"act_id": 672,
"details": "77. 658(1) The Deputy Commissioner of Taxes may, at any time after expiry of the date specified in section 75, by a notice in writing, require – (a) \tany person, other than a company, to file a return of his total income as provided in that section if, in the opinion of the Deputy Commissioner of Taxes the total income of such person was, during the income year, of such amount as to render liable to tax; (b) \tany company to file a return of its total income, if it is not filed. (2) The return under sub-section (1) shall be filed within such period, not being less than 659twenty-one days, as may be specified in the notice or which such extended period as the Deputy Commissioner of Taxes may allow.",
"name": "Notice of filing return",
"related_acts": "",
"section_id": 185
},
{
"act_id": 672,
"details": "78. Any person who has not filed a return as required by section 75 or 77 or who, having filed return, discovers any omission or incorrect statement therein, may, without prejudice to any liability which he may have incurred on this account, file a return or a revised return, as the case may be, at any time before the assessment is made.",
"name": "Filing of revised return",
"related_acts": "",
"section_id": 186
},
{
"act_id": 672,
"details": "660 79. (1)The Deputy Commissioner of Taxes may by notice in writing require an assessee, who has filed a return under Chapter VIII or to whom a notice has been issued to file a return, to produce or cause to be produced such accounts, statements, documents, data or electronic records, not being earlier than three years prior to the income year, as he may consider necessary for the purpose of audit or assessment under this Ordinance. (2) The Deputy Commissioner of Taxes may specify in the notice that the accounts, statements, documents, data or electronic records or any part thereof shall be produced in such electronic form or by such electronic media as may be mentioned in the notice. (3) The accounts, statements, documents, data or electronic records shall be produced on or before the date as may be specified in the notice. (4) In this section- (a) “return” includes a revised return or an amended return; (b) “data” includes “উপাত্ত” as defined in clause (10) of section 2 of তথ্য ও যোগাযোগ প্রযুক্তি আইন, ২০০৬ (২০০৬ সনের ৩৯ নং আইন); (c) “electronic record” and “electronic form” shall have the same meaning as assigned to “ইলেকট্রনিক রেকর্ড” and “ইলেকট্রনিক বিন্যাস” respectively in clauses (7) and (5) of section 2 of তথ্য ও যোগাযোগ প্রযুক্তি আইন, ২০০৬ (২০০৬ সনের ৩৯ নং আইন)।",
"name": "Production of accounts and documents, etc",
"related_acts": "950,950",
"section_id": 187
},
{
"act_id": 672,
"details": "80. 661(1) Every individual assessee, being resident Bangladeshi, shall furnish in the forms and manners as prescribed, a statement in respect of all 662local and global assets and liabilities of the person or the spouse, minor children and dependents of the person as on the last date of the income year if the person-(a) has, in the last date of the income year, a gross wealth exceeding taka forty lakh; or(b) owns a motor car; or(c) has made an investment in a house property or an apartment in the city corporation area.(2) Every individual assessee who, under sub-section (1) is not required to submit the statement may voluntarily submit such statement.(3) Every individual assessee, being a non-resident Bangladeshi, shall submit the statement referred in sub-section (1) only in respect of assets located in Bangladesh.Every individual assessee, being a non-Bangladeshi, shall submit the statement referred in sub-section (1) only in respect of assets located in Bangladesh.(5) Every individual assessee, whose total income does exceed Taka four lakh as on the last date of the income year shall furnish, in the forms and manners as prescribed, a statement of expenses relating to the life style of the person.(6) Every individual assessee, being a shareholder director of a company, shall furnish, irrespective of the total income, in the forms and manners as prescribed, a statement of expenses relating to the life style of the person.(7) Where any statement as mentioned in sub-section (1) or in sub-section (5) is not submitted by a person being an individual, the Deputy Commissioner of Taxes may require, by notice in writing, to submit the same by person within the time as mentioned in the notice.",
"name": "Statements of assets, liabilities and life style",
"related_acts": "",
"section_id": 188
},
{
"act_id": 672,
"details": "81. (1) The Deputy Commissioner of Taxes may, at any time after the first day of July of the year for which the assessment is to be made, proceed to make, in a summary manner, a provisional assessment of the tax payable by the assessee on the basis of the return and the accounts and documents, if any, accompanying it and where no return has been filed, on the basis of the last assessment including an assessment under this section. (2) In making a provisional assessment under this section, the Deputy Commissioner of Taxes shall- (a) \trectify any arithmetical errors in the return, accounts and documents; (b) \tallow, on the basis of the information available from the return, accounts and documents, such allowances as are admissible under the Third Schedule and any loss carried forward under section 38 or 39 or 41. (3) For the purposes of payment and recovery, the tax as determined to be payable upon provisional assessment shall have effect as if it were determined upon regular assessment. (4) The tax paid or deemed to have been paid under Chapter VII, in respect of any income provisionally assessed under sub-section (1), shall be deemed to have been paid towards the provisional assessment. (5) Any amount paid or deemed to have been paid towards provisional assessment under this section shall be deemed to have been paid towards regular assessment; and the amount paid or deemed to have been paid towards provisional assessment in excess of the amount found payable after regular assessment shall be refunded to the assessee. (6) Nothing done or suffered by reason or in consequence of any provisional assessment made under this section shall prejudice to the determination on merit of any issue which may arise in the course of regular assessment. (7) There shall be no right of appeal against a provisional assessment under this section.",
"name": "Provisional assessment",
"related_acts": "",
"section_id": 189
},
{
"act_id": 672,
"details": "66382.Where a return or a revised return has been filed under Chapter VIII and the Deputy Commissioner of Taxes is satisfied, without requiring the presence of the assessee or the production of any evidence, that the return is correct and complete, he shall assess the total income of the assessee and determine the tax payable by him on the basis of such return and communicate the assessment order to the assessee within thirty days next following: Provided that- (a) such return shall be filed on or before the date specified in 664sub-section (5) of section 75; (b) the amount of tax payable shall be paid on or before the date on which the return is filed;665* * * (c) such return does not show any loss or lesser income than the last assessed income, or assessment on the basis of such return does not result in refund 666; and (d) such return shall mention twelve-digit Taxpayer's Identification Number.",
"name": "Assessment on correct return.",
"related_acts": "",
"section_id": 190
},
{
"act_id": 672,
"details": "66782A. Where an assessee, other than a public company as defined in the Companies Act, 1913 (VII of 1913) or কোম্পানী আইন, ১৯৯৪ (১৯৯৪ সনের ১৮ নং আইন), who has previously been assessed for any assessment year ended on or before the thirtieth day of June, 1995, files a return showing income for the income year relevant to the assessment year commencing on or after the first day of July, 1995 and ending on or before the thirtieth day of June, 1997 and the income shown in such return is higher by not less than ten per cent over the last assessed income and has also increased by at least a further sum of ten per cent for each preceding assessment year in respect of which the assessment is pending, the return filed by the assessee shall be deemed to be correct and complete and the Deputy Commissioner of Taxes shall assess the total income of the assessee on the basis of such return and determine the tax payable by him 668on the basis of such assessment, and communicate the assessment order to the assessee within thirty days next following, provided- (a) \the has, at the time of filing such return made payment of the tax on the basis of the return or taka twelve hundred, whichever is higher, and the assessment on the basis of such return shall not result in any refund; 669* * * 670(b) the net accretion of his wealth, if he is not required to submit statement of assets and liabilities under 671clause (c) of sub-section (3) of section 75, along with his disclosed family expenses and taxes paid during the year, shall not exceed the income disclosed for the year and the income or receipt, if any, exempted from tax672; and (c) such return contains twelve-digit Taxpayer's Identification Number (TIN).",
"name": "Assessment under simplified procedure",
"related_acts": "788",
"section_id": 191
},
{
"act_id": 672,
"details": "673***",
"name": "82B Omitted",
"related_acts": "",
"section_id": 192
},
{
"act_id": 672,
"details": "67482BB. (1) Where an assessee files a return of income mentioning twelve-digit Taxpayer's Identification Number (TIN) in compliance with the conditions and within the time specified in section 75 and pays tax in accordance with the provision of section 74, he shall be issued by the Deputy Commissioner of Taxes or any other official authorised by him, an acknowledgment of receipt of the return and such acknowledgment shall be deemed to be an order of assessment of the Deputy Commissioner of Taxes. (2) The Deputy Commissioner of Taxes shall process the return filed under sub-section (1) in the following manner, namely:- (a) income shall be computed after making the adjustments in respect of any arithmetical error in the return or any incorrect claim which is apparent from the existence of any information in the return or in any statement or document filed therewith; (b) tax and any other amount payable under this Ordinance shall be computed on the basis of the income computed under clause (a); and (c) the sum, payable by or refundable to the assesse, shall be determined after giving credit of the sum paid by way of advance tax including the tax paid at source and the tax paid under this Ordinance. (3) Where the process of return results in a difference in the amount of income, tax or other material figures than the amount mentioned in the return filed under sub-section (1), the Deputy Commissioner of Taxes shall serve a notice to the assessee- (a) communicating him about the difference and enclosing with the notice a sheet of computation of income, tax, refund or other related particulars that resulted from the process of return; (b) giving him an opportunity to explain his position in writing within the time specified in the notice where the process of return results in additional liability or in reduction of refund, as the case may be; and (c) giving him an opportunity to- (i) file an amended return, in the applicable cases, within the time specified in the notice, addressing the difference mentioned in the notice; and (ii) pay, within the time specified in the notice, the tax and any other amount that becomes payable as a result of the process; (4) Where a notice under sub-section (3) is served, the Deputy Commissioner of Taxes shall- (a) send a letter of acceptance of amended return within 675ninety days where all of the following conditions are fulfilled- (i) an amended return is filed in accordance with the provision of clause (c) of sub-section (3); (ii) any tax or any other amount, payable under this Ordinance as a result of the process, has been paid on or before the submission of the amended return; and (iii) the difference mentioned in sub-section (3) has been duly resolved in the return; (b) serve, after the expiry of the date of response of the assessee as mentioned in the notice under sub-section (3), a notice of demand along with a sheet of computation of income, tax, refund or other related particulars where any of the conditions mentioned in clause (a) is not fulfilled: Provided that a notice of demand shall be served within 676 nine months from the date of serving notice under sub-section (3). (5) Where, after filing the return under sub-section (1), the assessee finds that owing to any unintentional mistake the tax or any other amount payable under this Ordinance has been paid short or computed short by reasons of underreporting of income or overreporting of rebate, exemption or credit or for any other reasons, he may file to the Deputy Commissioner of Taxes an amended return- (a) attaching with the amended return a written statement mentioning the nature and the reason for the mistake; (b) paying in full, on or before filing the amended return - (i) the tax and any other amount that was paid short or computed short; and (ii) an interest at the rate of two percent (2%) per month on the amount mentioned in sub-clause (i); and if the Deputy Commissioner of Taxes is satisfied that the amended return is filed in compliance with the conditions mentioned in clause (a) and (b), he may allow the amended return: Provided that no amended return shall be allowed- (a) after the expiry of one hundred and eighty days from the date of filing the original return under sub-section (1); or (b) after the original return has been selected for audit under sub-section (7). (6) No notice under sub-section (3) shall be served after the expiry of twelve months from the date of the submission of return under sub-section (1) or amended return under sub-section (5), as the case may be. (7) The Board or any authority subordinate to the Board, if so authorised by the Board in this behalf, may select, in the manner to be determined by the Board, a number of returns filed under sub-section (1) or of amended returns accepted under clause (a) of sub-section (4) or of amended returns allowed under sub-section (5), and refer the same to the Deputy Commissioner of Taxes for the purpose of audit: Provided that a return filed or an amended return accepted or allowed under this section shall not be selected for audit where- (a) such return or amended return 677except the return of income of a financial institution shows at least fifteen percent (15%) higher total income than the total income assessed in the immediately preceding assessment year; and (b) such return or amended return- (i) is accompanied by corroborative evidence in support of income exempted from tax; (ii) is accompanied by a copy of bank statement or account statement, as the case may be, in support of any sum or aggregate of sums of loan exceeding taka five lakh taken other than from a bank or financial institution; (iii) does not show the receipt of gift during the year; (iv) does not show any income which is subject to tax exemption or reduced tax rate under section 44; or (v) does not show or result any refund 678; and (c) the assessee has complied with the provisions of sections 75A, 108 and 108A. (8) Where after conducting the audit the Deputy Commissioner of Taxes is satisfied that the affairs of the assessee has not been duly reflected in the return or the amended return or in statements and documents submitted therewith, he shall communicate the findings of the audit to the assessee and serve a notice requiring him to file a revised return reflecting the findings of the audit, and pay tax and any other applicable amount on the basis of the revised return on or before the filing of such revised return. (9) Where a revised return is filed and the Deputy Commissioner of Taxes is satisfied that the findings of audit has been duly reflected in the revised return and the tax and any other applicable amount have been fully paid in compliance with the provision of sub-section (8), he may accept the revised return and issue a letter of acceptance to the assessee. (10) Where after the service of notice under sub-section (8) no revised return is filed or the revised return that has been filed does not reflect the findings of the audit, or tax or other applicable amount has not been paid in compliance with the provisions of sub-section (8), the Deputy Commissioner of Taxes shall proceed to make assessment under section 83 or 84, whichever is applicable. (11) In the case of a return submitted under sub-section (1), no question as to the source of initial capital of the business or profession of a new assessee shall be raised, if the assessee- (a) shows income which exceeds the tax exemption threshold and which is not less than twenty percent (20%) of the initial capital invested in the business or profession; (b) pays tax on such income at regular tax rate along with any other applicable amount on or before filing of return; and (c) mentions in writing that the return falls under this sub-section. (12) In the case of a return for which the provision of sub-section (11) applies, the minimum amount of capital maintained in the business or profession at the end of the income year and four subsequent income years shall be equal to the initial capital; andany amount of shortfall of the capital in any income year shall be deemed as \"income from business or profession\" for that income year and shall be included in total income of the assessee. (13) For the purpose of this section- (a) a return includes any statement required to be filed under section 80; (b) “an incorrect claim which is apparent from the existence of any information in the return or in any statement or document filed therewith” shall mean a claim, on the basis of an entry, in the return or in the statement or document submitted with the return- (i) of an item, which is inconsistent with another entry of the same, or some other item, in such return, statement or document; or (ii) in respect of a deduction, exemption, rebate or credit, where such deduction, exemption, rebate or credit exceeds the specified statutory limit which may have been expressed as monetary amount, percentage, ratio or fraction; (c) “regular tax rate” means the rate of tax that would be applicable if the tax exemption or the reduced rate were not granted; (d) in calculating fifteen percent (15%) higher total income, the income from the sources that are common between the assessment years for which the return under sub-section (1) has been filed and the immediately preceding assessment year shall be considered.",
"name": "Universal Self Assessment",
"related_acts": "",
"section_id": 193
},
{
"act_id": 672,
"details": "67982C. (1) Notwithstanding anything contained in any other provisions of this Ordinance, minimum tax shall be payable by an assessee in accordance with the provisions of this section. (2) Minimum tax on income on sources from which tax has been deducted or collected under certain sections shall be the following- (a) any tax deducted or collected at source under the provisions of sections mentioned in clause (b) shall be the minimum tax on income from the source or sources for which tax has been deducted or collected; (b) the tax referred to in clause (a) shall be the tax deducted or collected under sections 52, 52A, 680SL. No. 1, 2 and 68114 of the Table of sub-section (1) of section 52AA 52AAA, 52B, 52C, 52D, 52JJ, 52N, 52O, 68252Q, 52R, 53, 53AA, 53B, 53BB, 53BBB, 683*** 53C, 53CCC, 53DDD 684, 53E, 53EE, 53F, 53FF, 53G, 53GG, 53H, 53M, 53N 685, 53P 686, 53Q, 53R and 55: Provided that the tax deducted or collected from the following sources shall not be the minimum tax for the purpose of this sub-section- (i) tax collected under section 52 from the following persons- a. a contractor of an oil company or a subcontractor to the contractor of an oil company as may be prescribed; b. an oil marketing company and its dealer or agent excluding petrol pump station; c. any company engaged in oil refinery; d. any company engaged in gas transmission or gas distribution; (ii) tax deducted under section 53 from import of goods by an industrial undertaking 687,except an industrial undertaking engaged in producing cement, iron or iron products, 688ferro alloy products,689perfumes and toilet waters, 690beverage concentrate, as raw materials for its own consumption; (iii) tax deducted under section 53F from a source other than the sources mentioned in clause (c) of sub-section (1) and sub-section (2) of that section; (c) for the sources of income for which minimum tax is applicable, books of accounts shall be maintained in the regular manner in accordance with the provisions of section 35; (d) income from any source, for which minimum tax is applicable under this sub-section, shall be determined in regular manner and tax shall be calculated by using 691applicable rate on such income. If the tax so calculated is higher than the minimum tax under clause (a), the higher amount shall be payable on such income: Provided that income shall be determined and tax shall be calculated for certain sources in the manner as specified in the following- Serial No. Sources of income as mentioned in Amount that will be taken as income Rate or amount of tax ( 1) (2) (3) (4) 1 section 52C amount of compensation as mentioned in section 52C as mentioned in section 52C 2 section 52D amount of interest as mentioned in section 52D as mentioned in section 52D 3 section 53DDD amount of export cash subsidy as mentioned in section 53DDD as mentioned in section 53DDD 4 692Serial No. 3 and 4 of the Table of section 53F(1) amount of interest as mentioned in section 53F as mentioned in section 53F 5 section 53H deed value as mentioned in section 53H 693less cost of acquisition as mentioned in section 53H and the rule made thereunder 6946. section 53P any sum paid by real estate developer to land owner As mentioned in section 53P (e) income or loss computed in accordance with clause (d) or the proviso of clause (d) shall not be set off with loss or income, respectively, computed for any regular source. (3) Where the assessee has income from regular source in addition to the income from source or sources for which minimum tax is applicable under sub-section (2)- (a) regular tax shall be calculated on the income from regular source; (b) the tax liability of the assessee shall be the aggregate of the tax as determined under sub-section (2) and the regular tax under clause (a). 695(4) Subject to the provision of sub-section (5), minimum tax for an individual, a firm or a company shall be the following— (a) an assessee being— (i) an individual having gross receipts of taka three crore or more; or (ii) a firm having gross receipts of more than taka fifty lakh; or (ii) a company, shall, irrespective of its profits or loss in an assessment year, for any reason whatsoever, including the sustaining of a loss, the setting off of a loss of earlier year or years or the claiming of allowances or deductions (including depreciation) allowed under this Ordinance, be liable to pay minimum tax in respect of an assessment year at the following rate— Serial No Classes of assessee Rate of minimum tax (1) (2) (3) 1. Manufacturer of cigarette, bidi, chewing tobacco, smokeless tobacco or any other tobacco products 1% of the gross receipts 2. Mobile phone operator 2% of the gross receipts 3. Individual other than individual engaged in mobile phone operation or in the manufacturing of cigarette, bidi, chewing tobacco, smokeless tobacco or any other tobacco products, having gross receipts taka 3 crore or more 6960.25% of the gross receipts 4. Any other cases 0.60% of the gross receipts: Provided that such rate of tax shall be zero point one zero percent (0.10%) of such receipts for an industrial undertaking engaged in manufacturing of goods for the first three income years since commencement of its commercial production. (b) where the assessee has an income from any source that is exempted from tax or is subject to a reduced tax rate, the gross receipts from such source or sources shall be shown separately, and the minimum tax under this sub-section shall be calculated in the following manner- (i) minimum tax for receipts from sources that are subject to regular tax rate shall be calculated by applying the rate mentioned in clause (a); (ii) minimum tax for receipts from sources that enjoys tax exemption or reduced tax rate shall be calculated by applying the rate mentioned in clause (a) as reduced in proportion to the exemption of tax or the reduction of rate of tax; (iii) minimum tax under this sub-section shall be the aggregate of the amounts calculated under sub-clauses (i) and (ii). Explanation.--For the purposes of this sub-section, 'gross receipts' means- (i) all receipts derived from the sale of goods; (ii) all fees or charges for rendering services or giving benefits including commissions or discounts; (iii) all receipts derived from any heads of income. (5) Where the provisions of both sub-section (2) and sub-section (4) apply to an assessee, minimum tax payable by the assessee shall be the higher of (a) the minimum tax under sub-section (2); or (b) the minimum tax under sub-section (4). (6) Minimum tax under this section shall not be refunded, nor shall be adjusted against refund due for earlier year or years or refund due for the assessment year from any source. (7) Where any surcharge, additional interest, additional amount etc. is payable under provisions of this Ordinance, it shall be payable in addition to the minimum tax. (8) Where the regular tax calculated for any assessment year is higher than the minimum tax under this section, regular tax shall be payable. (9) In this section- (a) “regular source” means any source for which minimum tax is not applicable under sub-section (2); (b) “regular tax” means the tax calculated on regular income using the regular manner; (c) “697regular tax rate” means the rate of tax, that would be applicable if the tax exemption or the reduced rate were not granted. 698(8A) Where tax has been mistakenly deducted and collected in excess or deficit of the due amount (i.e. the amount to be deducted or collected in accordance with the provision of Chapter VII), minimum tax under this section shall be computed based on the due amount of deduction or collection, and provisions of this section shall apply accordingly.",
"name": "Minimum Tax",
"related_acts": "",
"section_id": 194
},
{
"act_id": 672,
"details": "69982D. (1)Where a person is found to have taxable income or required to submit tax return or required to comply with any provision of the Ordinance and the person has failed to perform or comply with requirements of the Ordinance, the Deputy Commissioner of Taxes, empowered to this end, may assess the tax liability of such person on the spot.(2) Where assessment of an assessee being individual having income from business or profession is made under this section applying regular rate and the asseesee pays tax accordingly, no question as to the initial capital not exceeding five times of such assessed income shall be made.(3) Commissioner of Taxes may empower any Deputy Commissioner of Taxes who is subordinate to him to conduct spot assessments within his jurisdiction.(4) The Board shall issue guidelines as to the manner how assessment under this section shall be made.",
"name": "Spot Assessment",
"related_acts": "",
"section_id": 195
},
{
"act_id": 672,
"details": "700***",
"name": "83AOmitted",
"related_acts": "",
"section_id": 196
},
{
"act_id": 672,
"details": "701***",
"name": "83AA Omitted",
"related_acts": "",
"section_id": 197
},
{
"act_id": 672,
"details": "70283. (1) Where a return or revised return has been filed under Chapter VIII and the Deputy Commissioner of Taxes is not satisfied without requiring the presence of the person who filed the return or the production of evidence that the return is correct and complete, he shall serve on such person a notice requiring him, on a date to be therein specified, to appear before the Deputy Commissioner of Taxes, or to produce or cause to be produced before him or at his office, any evidence in support of the return. (2) The Deputy Commissioner of Taxes shall, after hearing the person appearing, or considering the evidence produced in pursuance of the notice under sub-section (1) and also considering such other evidence, if any, as he may require on specified points, by an order in writing assess, within thirty days after the completion of the hearing or consideration, as the case may be, the total income of the assessee and determine the sum payable by him on the basis of such assessment, and communicate the order to the assessee within thirty days next following.",
"name": "Assessment after hearing",
"related_acts": "",
"section_id": 198
},
{
"act_id": 672,
"details": "70383AAA. (1) Where a return or revised return is filed under Chapter VIII by an assessee being a company and the Board has reasonable cause to believe that the return or revised return is incorrect or incomplete, the Board may appoint a registered chartered accountant to examine the accounts of that assessee. (2) The chartered accountant appointed under sub-section (1) shall exercise the powers and functions of the Deputy Commissioner of Taxes as referred to in section 79 and clauses (a), (b), (c), (d) and (e) of section 113. (3) The chartered accountant, after examination of the accounts of that assessee, shall submit a report in writing to the Board along with findings within a time as may be specified by the Board. (4) On receipt of the report referred to in sub-section (3), the Board shall forthwith forward the report to the concerned Deputy Commissioner of Taxes for consideration. (5) On receipt of the report under sub-section (4), the Deputy Commissioner of Taxes shall serve a notice upon the assessee under sub-section (1) of section 83. (6) The Deputy Commissioner of Taxes shall, after hearing the person appearing and considering the evidences produced including the findings stated in the report received under sub-section (5) and also considering the other evidences, by an order in writing, assess within thirty days after the completion of hearing or consideration, as the case may be, the total income of an assessee and shall determine the sum payable by the assessee on the basis of such assessment, and communicate the said order to the assessee within thirty days from the date of such order.",
"name": "Assessment on the basis of report of a chartered accountant",
"related_acts": "",
"section_id": 199
},
{
"act_id": 672,
"details": "84A. Presumptive Assessment.-Omitted by section 5 of the Finance Act, 1997 (Act No. XV of 1997).",
"name": "Omitted",
"related_acts": "",
"section_id": 200
},
{
"act_id": 672,
"details": "70484. (1) Where any person fails- (a) \tto file the return required by a notice under section 77 and has not filed a return or revised return under section 78; or (b) \tto comply with the requirements of a notice under section 79 or 80; or (c) \tto comply with the requirements of a notice under section 83(1); the Deputy Commissioner of Taxes shall, by an order in writing, assess the total income of the assessee to the best of his judgement and determine the sum payable by the assessee on the basis of such assessment; 705***, and communicate such order to the assessee within thirty days next following. (2) Where in the opinion of the Board a best judgement assessment made by a Deputy Commissioner of Taxes under sub-section (1) shows lack of proper evaluation of legal and factual aspects of the case which has resulted in an arbitrary and injudicious assessment, the action leading to such assessment made by the said Deputy Commissioner of Taxes shall be construed as misconduct.",
"name": "Best judgment assessment",
"related_acts": "",
"section_id": 201
},
{
"act_id": 672,
"details": "85. (1) Notwithstanding anything contained in this Ordinance, where the assessee is a firm and the total income of the firm has been assessed under sections 82, 83, or 84, as the case may be,- 706* * * (b) \tin the case of 707a firm, the tax payable by the firm shall be determined on the basis of the total income of the firm. (2) Whenever any determination is made in accordance with the provisions of sub-section (1), the Deputy Commissioner of Taxes shall, by an order in writing, notify to the firm- (a) \tthe amount of tax payable by it, if any; (b) \tthe amount of the total income on which the determination has been based; and (c) \tthe apportionment of the amount of 708income between the several partners.",
"name": "Special provisions regarding assessment of firms",
"related_acts": "",
"section_id": 202
},
{
"act_id": 672,
"details": "86. (1) Where, at the time of assessment of a firm, it is found that a charge has occurred in the constitution of the firm, the assessment shall be made on the firm as constituted at the time of making the assessment : Provided that- (a) \tthe income of the years shall, for the purpose of inclusion in the total income of the partners, be apportioned between the partners who, in such income year, were entitled to receive the same; and (b) \twhen the tax assessed upon a partner cannot be recovered from him, it shall be recovered from the firm as constituted at the time of making the assessment. (2) For the purpose of this section, there is a change in the constitution of a firm- (a) \twhere all the partners continue with a change in their respective shares or in the shares of some of them, or (b) \twhere one or more persons who were partners continue to be so with a change by cessation of one or more partners or addition of one or more new partners.",
"name": "Assessment in case of change in the constitution of a firm",
"related_acts": "",
"section_id": 203
},
{
"act_id": 672,
"details": "87. Where, at the time of assessment on a firm, it is found that a new firm has been constituted to succeed the firm to which the assessment relates and it cannot be covered by section 86 separate assessments shall be made on the predecessor firm and the successor firm in accordance with the provisions of section 88 relating to assessment in case of succession to business.",
"name": "Assessment in case of constitution of new successor firm",
"related_acts": "",
"section_id": 204
},
{
"act_id": 672,
"details": "88. (1) Where, a person, carrying on any business or profession (in this section, referred to as predecessor), has been succeeded therein otherwise than on death by another person (in this section, referred to as the successor) continues to carry on that business or profession,- (a) \tthe predecessor shall be assessed, in respect of the income of the income year in which the succession took place, for the period up to the date of succession, and (b) \tthe successor shall be assessed, in respect of the income of the income year, for the period after the date of succession. (2) Notwithstanding anything contained in sub-section (1), where the predecessor cannot be found, the assessment of the income year in which the succession took place up to the date of succession and of the income year or years preceding that year shall be made on the successor in the like manner and to the same extent as it would have been made on the predecessor; and the provisions of this Ordinance shall, so far as may be, apply accordingly. (3) Where any sum payable under this section in respect of the income of a business or profession cannot be recovered from the predecessor, the Deputy Commissioner of Taxes shall record a finding to that effect, and thereafter the sum payable by the predecessor shall be payable by, and recoverable from, the successor who shall be entitled to recover if from the predecessor.",
"name": "Assessment in case of succession to business otherwise than on death",
"related_acts": "",
"section_id": 205
},
{
"act_id": 672,
"details": "89. (1) Without prejudice to the provision of section 87, where any business or profession is discontinued in any financial year, and assessment may be made in that year, notwithstanding anything contained in section 16, on the basis of the total income of the period between the end of the income year and the date of such discontinuance in addition to the assessment, if any, made on the basis of the income year. (2) Any person discontinuing any business or profession in any financial year shall give to the Deputy Commissioner of Taxes a notice of such discontinuance within fifteen days thereof; and such notice shall be accompanied by a return of total income in respect of the period between the end of the income year and the date of such discontinuance and that financial year shall be deemed to be the assessment year in respect of the income of the said period. (3) Where, a person fails to give the notice required by sub-section (2), the Deputy Commissioner of Taxes may direct that a sum shall be recovered from him by way of penalty not exceeding the amount of tax subsequently assessed on him in respect of any income from the business or profession up to the date of its discontinuance. (4) Where an assessment is to be made under sub-section (1), the Deputy Commissioner of Taxes may serve- (a) \ton the person whose income is to be assessed; (b) \tin the case of a firm, on the person who was a partner of the firm at the time of discontinuance of the business or profession; and (c) \tin the case of a company, on the principal officer of the company; a notice to furnish within such time, not being less than seven days, a return of his total income giving such particulars and information as are required to be furnished with a return to be filed under section 75 along with such other particulars, records and documents as may be specified in the notice. (5) The provisions of this Ordinance shall, so far as may be, apply to a notice under sub-section (4) for the purpose of assessment of tax as if it were a notice under section 77.",
"name": "Assessment in case of discontinued business",
"related_acts": "",
"section_id": 206
},
{
"act_id": 672,
"details": "90. (1) A Hindu family hitherto assessed as a Hindu undivided family shall be deemed, for the purposes of this Ordinance, to continue to be a Hindu undivided family except where, and in so far as, a finding of partition has been given under this section in respect of that family. (2) Where, at the time of an assessment of a Hindu undivided family, it is claimed by any member thereof that a partition has taken place amongst the members of the family, the Deputy Commissioner of Taxes shall make an enquiry thereinto after giving notice to all the members of the family. (3) On the completion of the enquiry, the Deputy Commissioner of Taxes shall record a finding as to whether there has been a partition of the joint family property, and, if there has been such a partition, the date on which it has taken place. (4) In the case of a finding under sub-section (3) that the partition of the undivided family took place after the expiry of the income year, the total income of the income year of the undivided family shall be assessed as if no partition has taken place; and each member or group of members of the family shall, in addition to any tax for which he or it may be separately liable, be jointly and severally liable for the tax on the income of the family so assessed. (5) In the case of finding under sub-section (3) that the partition of the undivided family took place during the income year, the total income of the undivided family in respect of the period up to the date of partition shall be assessed as if no partition had taken place; and each member or group of members of the family shall, in addition to any tax for which he or it may be separately liable, by jointly and severally liable for the tax on the income of that period as so assessed. (6) Notwithstanding anything contained in this section, if the Deputy Commissioner of Taxes finds after completion of the assessment of a Hindu undivided family that the family has already effected a partition, the tax shall be recoverable from every person who was a member of the family before the partition; and every such person shall be jointly and severally liable for tax on the income of the family in so assessed. (7) For the purposes of this section, the several liability of any member or group of members of a Hindu undivided family shall be computed according to the portion of the property of the undivided family allotted to him or it at the partition. (8) The provisions of this section shall, so far as may be, apply in relation to the levy and collection of any penalty, interest, fine or other sum in respect of any period up to the date of the partition of a Hindu undivided family as they apply in relation to levy and collection of tax in respect of any such period.",
"name": "Assessment in case of partition of a Hindu undivided family",
"related_acts": "",
"section_id": 207
},
{
"act_id": 672,
"details": "91. (1) Where it appears to the Deputy Commissioner of Taxes that any person may leave Bangladesh during the current financial year or shortly after its expiry and that he has no intention of returning, as assessment may be made in that year, notwithstanding anything contained in section 16, on the basis of the total income of such person- (a) \tif he has been previously assessed, for the period from the expiry of the last income year of which income has been assessed to the probable date of his departure from Bangladesh; and (b) \tif he has not been previously assessed, of the entire period of his stay in Bangladesh up to the probable date of his departure therefrom. (2) Assessment under sub-section (1) shall be made- (a) \tin respect of each completed income year included in the period referred to in sub-section (1), at the rate at which tax would have been charged had it been fully assessed; and (b) \tin respect of the period from the expiry of the last of the completed income years to the probable date of departure, at the rate in force for the financial year in which such assessment is made and that financial year shall be deemed to be the assessment year in respect of the income of the said period. (3) For the purpose of making an assessment under this section, the Deputy Commissioner of Taxes may serve a notice upon the person concerned requiring him to file, within such time, not being less than seven days, as may be specified in the notice,- (a) \ta return in the same form and verified in the same manner as a return under section 75 setting forth, along with such other particulars as may be required by the notice, his total income for each of the completed income years comprised in the relevant period referred to in sub-section (1); and (b) \tan estimate of his total income for the period from the expiry of the last of such completed income year to the probable date of his departure from Bangladesh. (4) All the provisions of this Ordinance shall, so far as may be, apply to the notice under sub-section (3) for purposes of assessment of tax as if it were a notice under section 77. (5) Nothing in this section shall be deemed to authorise a Deputy Commissioner of Taxes to assess any income which has escaped assessment or has been under assessed or has been assessed at too low a rate or has been the subject of excessive relief under this Ordinance but in respect of which he is debarred from issuing a notice under section 93.",
"name": "Assessment in case of persons leaving Bangladesh",
"related_acts": "",
"section_id": 208
},
{
"act_id": 672,
"details": "92. (1) Where a person dies, his legal representative shall be liable to pay any tax or other sum payable under this Ordinance which the deceased would have been liable to pay if he had not died, in the like manner and to the same extent as the deceased; and the legal representative of the deceased shall, for the purposes of this Ordinance, be deemed to be an assessee: Provided that before deeming the legal representative of the deceased to be an assessee, a notice to that effect shall be issued to him by the Deputy Commissioner of Taxes. (2) For the purpose of making an assessment of the income of the deceased and recovery of tax,- (a) \tany proceeding taken against the deceased before his death shall be deemed to have been taken against the legal representative and may be continued from the stage at which it stood on the date of the death of the deceased; and (b) \tany proceeding which could have been taken against the deceased, if he had not died, may be taken against the legal representative; and all the provisions of this Ordinance shall, so far as may be, apply accordingly. (3) The liability of a legal representative under this Ordinance shall be limited to the extent to which the estate of the deceased is capable of meeting the liability. (4) For the purposes of this section and other provisions of this Ordinance in which the rights, intefrests and liabilities of the deceased are involved, “legal representative” includes an executor, an administrator and any person administering the estate of the deceased.",
"name": "Assessment in the case of income of a deceased person",
"related_acts": "",
"section_id": 209
},
{
"act_id": 672,
"details": "70993. (1) If, based on the information from an audit, assessment or any other proceeding under this Ordinance or from any other source, the Deputy Commissioner of Taxes has reason to believe that any sum payable by an assessee under this Ordinance has escaped payment in any assessment year, the Deputy Commissioner of Taxes may issue a notice in the form specified by the Board upon the assessee requiring him to- (a) file for the relevant assessment year, within the time as specified in the notice, a return of his income along with the applicable statement and documents; and (b) pay on or before the filing of the return the sum that has been escaped payment. (2) The Deputy Commissioner of Taxes shall- (a) send a letter of acceptance of the return where all of the following conditions are fulfilled- (i) the return is filed within the time mentioned in the notice under sub-section (1) and in compliance with the provisions of that sub-section; (ii) the sum that escaped payment has been paid on or before the filing of the return; and (iii) the issue for which the sum escaped payment has been duly addressed in the return; (b) proceed to make assessment under section 83 or 84, as the case may be, where any of the conditions mentioned in clause (a) is not fulfilled. (3) The Deputy Commissioner of Taxes shall obtain the approval of the Inspecting Joint Commissioner in writing before issuing a notice under sub-section (1) where- (a) return for the relevant assessment year was filed in compliancewith the provision of sub-section (1) of section 82BB; or the assessment of the relevant assessment year is completed under any other provision of this Ordinance. (4) A notice under sub-section (1) may be issued by the Deputy Commissioner of Taxes- (a) at any time where, for the relevant assessment year, no return was filed and no assessment was made; (b) within six years from the end of the relevant assessment year where, for the relevant assessment year, no return was filed but assessment is completed; (c) within 710six years from the end of the relevant assessment year in any other cases: 711*** Provided 712*** that in a case where a fresh assessment is made for any assessment year in pursuance of any provision under this Ordinance, the period referred to in this sub-section shall commence from the end of the year in which the fresh assessment is made. (5) In computing the period of limitation for the purpose of making an assessment or taking any other proceedings under this Ordinance, the period, if any, for which such assessment or other proceedings has been stayed by any court, tribunal or any other authority, shall be excluded. (6) Notwithstanding anything contained in sub-section (4), where an assessment or any order has been annulled, set aside, cancelled or modified, the concerned income tax authority may start the proceedings from the stage next preceding the stage at which such annulment, setting aside, cancellation or modification took place, and nothing contained in this Ordinance shall render necessary the re-issue of any notice which has already been issued or the re-furnishing or refiling of any return, statement or other particulars which has already been furnished or filed, as the case may be. (7) An assessment under sub-section (2) of an assessee who was already assessed for the relevant year shall be confined to the issues that have been mentioned in the notice served under sub-section (1). (8) The Deputy Commissioner of Taxes shall not be barred from taking proceedings under this section for an assessment year on the grounds that the proceeding under sub-section (2) is earlier concluded in respect of that assessment year. (9) In this section- (a) Any sum payable by an assessee under this Ordinance shall be deemed to have escaped payment if – (i) the income or a part thereof has escaped assessment; or (ii) the income has been understated; or (iii) excessive loss, deduction, allowance or relief in the return has been claimed; or (iv) the liability of tax or any other amount payable under this Ordinance has been shown or computed lower by concealment or misreporting of any income or by concealment or misreporting of any assets, expenditure or any other particulars in a statement submitted under section 80; or (v) income chargeable to tax has been under-assessed, or income has been assessed at a lower than due tax rate; or (vi) income that is subject to tax has been made the subject of tax exemption; or (vii) income has been made the subject of excessive relief, or excessive loss or depreciation allowance or any other allowance under this Ordinance has been computed; or (viii) a tax or an amount, payable under this Ordinance, has been computed or paid lower than due amount by reason of lower base. (b) “relevant assessment year” is the assessment year for which any sum payable by an assessee under this Ordinance has escaped payment.",
"name": "Tax, etc. escaping payment",
"related_acts": "",
"section_id": 210
},
{
"act_id": 672,
"details": "94. 713(1) Subject to the provisions of sub-sections (2) and (3), after the expiry of- (a) two years from the end of the assessment year in which the income was first assessable if the assessment is to be made as a result of audit under section 82BB; (b) three years from the end of the relevant assessment year in which the income was first assessable if the assessment is to be made under section 107C; or (c) six months from the end of the assessment year in which the income was first assessable if the assessment is to be made in a case other than the cases mentioned in clause (a) or (b); no order of assessment under the provisions of this Chapter, in respect of any income, shall be made. (2) An assessment under section 93 may be made within two years from the end of the year in which the notice under sub-section (1) of section 93 was issued. (3) Notwithstanding anything contained in this section, limiting the time within which any action may be taken, or any order or assessment may be made, order or assessment, as the case may be, to be made on the assessee or any other person in consequence of, or to give effect to, any finding or direction contained in an order under sections 120, 121, 714* * * 156, 159, 161 or 162 or, in the case of a firm, an assessment to be made on a partner of a firm in consequence of an assessment made on the firm, 715or an agreement reached under section 152O, shall be made within thirty days from the date on which the order or the agreement was communicated 716and communicate such revised order to the assessee within thirty days next following 717: Provided that where an order of assessment has been set aside by any authority in that case the assessment shall be made within 718sixty days from the date on which the order was communicated to him. Explanation I.-Where by an order under 719sections 120, 121A, 156, 159, 161 or 162, any income is excluded from the total income of the assessee for an assessment year, an assessment of such income for another assessment year shall, for the purposes of this section, be deemed to be one made in consequence of, or to give effect to, any finding or direction contained in the said order. Explanation II.-Where by an order under 720sections 120, 121A, 156, 159, 161 or 162, any income is excluded from the total income of one person and held to be the income of another person, an assessment of such income of such other person, shall, for the purposes of this section, be deemed to be one made in consequence of or to give effect to, any finding or direction contained in the said order. 721(4) where the Deputy Commissioner of Taxes fails to give effect to any finding or direction contained in an order referred to in sub-section (3) within the period stipulated therein, such failure of the Deputy Commissioner of Taxes shall be construed as misconduct.",
"name": "Limitation for assessment",
"related_acts": "",
"section_id": 211
},
{
"act_id": 672,
"details": "94A. Omitted by section 31 of the Finance Act, 2003 (Act No. XVII of 2003).",
"name": "Omitted",
"related_acts": "",
"section_id": 212
},
{
"act_id": 672,
"details": "72294B. (1) Notwithstanding anything contained in any provision of this Ordinance or in any other law for the time being in force, no authority save the authorities mentioned in section 3 or the courts and authorities mentioned in Chapter XIX shall have right to question any assessment made under this Chapter.(2) Any action taken in violation of the provision of sub-section (1) shall be null and void and have no legal effect.",
"name": "Bar to question assessment",
"related_acts": "",
"section_id": 213
},
{
"act_id": 672,
"details": "95. (1) Every person who is a representative of another person in respect of any income for the purpose of this section shall, in respect of such income,- (a) \tbe subject to the same duties, responsibilities and liabilities as if such income were received by, or accruing to, or in favour of, him beneficially; (b) \tbe liable to assessment in his own name; and (c) \tbe deemed, subject to other provisions of this Chapter, to be the assessee for all purposes of this Ordinance. (2) A person, who is assessed in pursuance of this section as a representative in respect of any income, shall not, in respect of the same income, be assessed under any other provision of this Ordinance. (3) Nothing in this section shall prevent either the direct assessment of the person for whom, or on whose behalf or for whose benefit, the representative is entitled to receive any income or recovery from such person of the tax payable in respect of such income. (4) For the purposes of this section,- (a) \tthe guardian, manager or trustee, who receives or is entitled to receive any income for, or on behalf or for the benefit, of any minor, lunatic or idiot, shall be the representative in respect of such income; (b) \tthe Administrator-General, the Official Trustee, or any receiver, manager or other person, however designated, appointed by or under any order of a Court, who receives or is entitled to receive any income for, or on behalf or for the benefit, of any other person shall be the representative in respect of such income; (c) \tthe trustee or trustees appointed under a trust declared by a duly executed instrument in writing, whether testamentary or otherwise, including a legally valid deed of waqf, who receive or are entitled to receive any income for, or on behalf or for the benefit of any person shall be the representative in respect of such income; and (d) \ta person who is treated under section 96 as an agent in relation to a non-resident, shall be the representative in respect of such income of the non-resident as is deemed to accrue or arise in Bangladesh under section 18.",
"name": "Liability of representative in certain cases",
"related_acts": "",
"section_id": 214
},
{
"act_id": 672,
"details": "96. (1) For the purposes of this Ordinance, the following persons shall, subject to the provisions of sub-sections (2) and (3) be treated as agent in relation to a non-resident, namely:- (a) \tany person in Bangladesh- (i) \twho is employed by, or on behalf of, the non-resident; (ii) \twho has any business connection with the non-resident; (iii) \twho holds, or controls the receipt or disposal of, any money belonging to the non-resident; (iv) \twho is a trustee of the non-resident; or (v) \tfrom or through whom the non-resident, is in receipt of any income, whether directly or indirectly; (b) \tany person, whether a resident or non-resident, who has acquired, by means of transfer, a capital asset in Bangladesh from a person residing outside Bangladesh; and (c) \tany person who, for any other reasonable cause, is declared or treated as an agent of the non-resident. (2) An independent broker in Bangladesh, who in respect of any transaction, does not deal directly with, or on behalf of, a non-resident principal but deals with, or through, a non-resident broker, shall not be treated as an agent in relation to a non-resident in respect of such transaction if- (a) \tthe transaction is carried on in the ordinary course of business through the non-resident broker; and (b) \tthe non-resident broker is carrying on such transaction in the ordinary course of business. (3) No person shall be treated under this Ordinance as an agent in relation to a non-resident unless he has been given by the Deputy Commissioner of Taxes an opportunity of being heard.",
"name": "Persons to be treated as agent",
"related_acts": "",
"section_id": 215
},
{
"act_id": 672,
"details": "97. (1) A representative who, on account of his liability under section 95, pays any sum, shall be entitled to recover the sum so paid from the person on whose behalf it is paid, or to retain out of any moneys that may be in his possession or may come to him in his possession or may come to him in his capacity as a representative, an amount equivalent to the sum so paid. (2) A representative, or any person who apprehends that he may be assessed as a representative, may retain, out of any money payable to the person (hereinafter referred to as “the beneficiary”) on whose behalf he is liable to tax under section 95, a sum not exceeding his estimated liability. (3) In the event of any disagreement between the beneficiary and the representative or, as the case may be, the person apprehensive of being assessed as representative, as to the amount to be retained under sub-section (2), such representative or person may secure from the Deputy Commissioner of Taxes a certificate stating the amount to be so retained pending the settlement of the liability and the certificate so obtained shall be the warrant for retaining that amount.",
"name": "Right of representative to recover tax paid",
"related_acts": "",
"section_id": 216
},
{
"act_id": 672,
"details": "98. (1) Where any tax payable by a partner of a firm or a member of an association of persons in respect of his share of the income from the firm or association, as the case may be, cannot be recovered from him, the Deputy Commissioner of Taxes shall notify the amount of the tax to the firm or association. (2) Upon notification of the amount of tax under sub-section (1), the firm or association so notified shall, notwithstanding anything contained in any other law for the time being in force, be liable to pay the said tax and shall, for the purposes of recovery thereof, be deemed to be an assessee in respect of such tax; and the provisions of this Ordinance shall apply accordingly.",
"name": "Liability of firm or association for unrecoverable tax due from partners or members",
"related_acts": "",
"section_id": 217
},
{
"act_id": 672,
"details": "99. (1) Where any business or profession carried on by a firm or an association of persons has been discontinued, or where a firm or an association of persons is dissolved, assessment of the total income of the firm or association may be made as if no such discontinuance or dissolution had taken place; and all the provisions of this Ordinance shall, so far as may be, apply accordingly. (2) Where an assessment is made under sub-section (1) in respect of a firm or an association of persons, every person who was a partner of the firm or member of the association at the time of discontinuance of business, or as the case may be, dissolution of the firm or association, and the legal representative of any such person who is deceased, shall be jointly and severally liable for the amount of tax found payable by the firm or association upon such assessment and shall, for the purpose of recovery of such tax, including penalty and other sum payable, be deemed to be an assessee; and the provisions of this Ordinance shall apply accordingly.",
"name": "Liability of partners, etc., for discontinued business of a firm, etc.",
"related_acts": "",
"section_id": 218
},
{
"act_id": 672,
"details": "100. (1) Where any private company is wound up 723or has discontinued business for three successive years and any tax assessed on the company, whether before, or in the course of, or after its liquidation, in respect of any income of any income year cannot be recovered, every person who was, at any time during the relevant income year, a director of that company, shall, notwithstanding anything contained in 724the Companies Act, 1913 (VII of 1913) or কোম্পানী আইন, ১৯৯৪ (১৯৯৪ সনের ১৮ নং আইন), be jointly and severally liable to pay the said tax and shall, for the purposes of recovery thereof, be deemed to be an assessee in respect of such tax; and the provisions of this Ordinance shall apply accordingly. (2) Notwithstanding the provisions of sub-section (1), the liability of any person thereunder in respect of the income of a private company shall cease if he proves to the Deputy Commissioner of Taxes that non-recovery of tax from the company cannot be attributed to any gross neglect, misfeasance or breach of any duty on his part in relation to affairs of the company.",
"name": "Liability of directors for unrecoverable tax of private companies",
"related_acts": "788",
"section_id": 219
},
{
"act_id": 672,
"details": "101. (1) A liquidator of a private company which is wound up, whether under the orders of a court or otherwise, shall, within thirty days after he has become such liquidator, give notice of his appointment as such to the Deputy Commissioner of Taxes having jurisdiction to assess the company. (2) The Deputy Commissioner of Taxes shall, after making such enquiries or, calling for such information as he may consider necessary, notify to the liquidator, within three months of the date of receipt of the notice under sub-section (1) the amount which, in his opinion, would be sufficient to provide for any tax which is then, or is likely thereafter to become, payable by the company. (3) On being notified under sub-section (2), the liquidator shall set aside an amount equal to the amount so notified and shall not, before he sets aside such amount, part with any of the assets, of the company except for the purpose of payment of tax payable by the company or for making payment to secure such creditors as are entitled under the law to priority of payment over the debts due to the Government on the date of liquidation. (4) The liquidator shall be personally liable for payment of the tax on behalf of the company to the extent of the amount notified, if any, under sub-section (2), if he- (a) \tfails to give notice as required by sub-section (1); or (b) \tcontravenes the provisions of sub-section (3). (5) Where there are more liquidators than one, the obligations and liabilities of a liquidator under this section shall attach to all the liquidators jointly and severally. (6) This section shall have effect notwithstanding anything to the contrary contained in any other law for the time being in force. Explanation.-In this section, “liquidator” includes any person who has been appointed to be the receiver of the assets of the company under liquidation.",
"name": "Liability of liquidator for tax of private companies under liquidation",
"related_acts": "",
"section_id": 220
},
{
"act_id": 672,
"details": "725102. (1) Notwithstanding anything contained in this Ordinance, where a non-resident carries on the business of operation of ships as the owner or charterer thereof (hereinafter in this section referred to as the principal) tax shall be levied and collected in respect of such business in accordance with the provisions of this section. (2) Before the departure from any port in Bangladesh of any ship, the master of the ship shall prepare and furnish to the Deputy Commissioner of Taxes a return showing- (a) \tthe amount paid or payable whether in or out of Bangladesh to the principal, or to any person on his behalf, on account of the carriage of passengers, livestock, mail or goods shipped at the port since the last arrival of the ship; and (b) \tthe amount received, or deemed to be received in Bangladesh by, or on behalf of, the principal on account of the carriage of passengers, livestock, mail or goods 726shipped at any port outside Bangladesh. (3) On receipt of the return, the Deputy Commissioner of Taxes shall determine the aggregate of the amounts referred to in sub-section (2) and, for this purpose, may call for such particulars, accounts or documents, as he may require and the aggregate of the said amounts so determined shall be deemed to be income received in Bangladesh by the principal from the said business chargeable to tax under this Ordinance under the head “Income from business or profession” and tax thereon shall be charged at the rate of eight per cent of such income. (4) Where the Deputy Commissioner of Taxes is satisfied that it is not possible for the master of the ship or the principal to furnish the return required under sub-section (2) before the departure of the ship from the port and the principal has made satisfactory arrangements for the filing of the return and payment of the tax by any other person on his behalf, the Deputy Commissioner of Taxes may, if the return is filed within thirty days of the departure of the ship, deem the filing of the return by the person so authorised by the principal as sufficient compliance with sub-section (2)727: Provided that where any charge mentioned in sub-section (8) is accrued after the expiry of said thirty days, the other person mentioned in this sub-section shall file a supplementary return in respect of such charge and pay tax thereon within next thirty days from the end of the month in which the charge has accrued. (5) No port clearance shall be granted to the ship until the 728Commissioner of Customs, or any other officer duly authorised to grant the same, is satisfied that the tax payable under sub-section (3) has been duly paid or that satisfactory arrangements have been made for the payment thereof. (6) Nothing contained in this Ordinance shall be so construed as to allow any expense against the aggregate amount of receipts as determined under sub-section (3). (7) The tax paid under this section shall be deemed to be the final discharge of the tax liability of the assessee under this Ordinance, and the assessee shall not be required to file the return of total income under section 75 nor shall he be entitled to claim any refund or adjustment on the basis of such return. 729(8) For the purpose of this section, the amount referred to in sub-section (2) shall include the amount paid or payable by way of demurrage charge or handling charge or any other amount of similar nature.",
"name": "Liability to tax in case of shipping business of non-residents",
"related_acts": "",
"section_id": 221
},
{
"act_id": 672,
"details": "103. Adjustment of liability to tax in case of shipping.- Omitted by section 12 of অর্থ আইন, ১৯৮৯ (১৯৮৯ সনের ৩৬ নং আইন)",
"name": "Omitted",
"related_acts": "732",
"section_id": 222
},
{
"act_id": 672,
"details": "730103A. (1) Notwithstanding anything contained in this Ordinance, where a non-resident person carries on the business of operation of aircraft, as the owner or charterer thereof (hereinafter in this section referred to as the principal), and any aircraft owned or chartered by him calls on any airport in Bangladesh, the aggregate of the receipts arising from the carriage of passengers, livestock, mail or goods loaded at the said airport into that aircraft shall be deemed to be income received in Bangladesh by the principal from the said business chargeable to tax under the head “Income from business or profession” and tax thereon shall be charged at the rate of three per cent of such income. (2) The principal or an agent authorised by him in this behalf shall prepare and furnish to the Deputy Commissioner of Taxes, within forty-five days from the last day of each quarter of every financial year, that is to say, the thirtieth day of September, the thirty-first day of December, the thirty-first day of March and the thirtieth day of June, respectively, a return in respect of each quarter as aforesaid showing- (a) \tthe amount paid or payable whether in or out of Bangladesh to the principal, or to any person on his behalf, on account of the carriage of passengers, livestock, mail or goods loaded at the said airport; and (b) \tthe amount received, or deemed to be received, in Bangladesh by, or on behalf of, the principal on account of the carriage of passengers, livestock, mail or goods at any airport outside Bangladesh. (3) On receipt of the return, the Deputy Commissioner of Taxes may, after calling for such particulars, accounts or documents, as he may require, determine the aggregate of the amounts referred to in sub-section (2) and charge tax as laid down in sub-section (1). (4) Where the principal fails to pay the tax payable under sub-section (1), for more than three months, the Commissioner of Taxes may issue to the authority by whom clearance may be granted to that aircraft a certificate containing the name of the principal and the amount of tax payable by him; and on receipt of such certificate, the said authority shall refuse clearance from any airport in Bangladesh to any aircraft owned or chartered by such person until the tax payable has been paid. (5) Nothing contained in this Ordinance shall be so construed as to allow any expense against the aggregate amount of receipts as determined under sub-section (3). (6) The tax paid under this section shall be deemed to be the final discharge of the tax liability of the assessee under this Ordinance, and the assessee shall not be required to file the return of total income under section 75 nor shall he be entitled to claim any refund or adjustment on the basis of such return.",
"name": "Liability to tax in case of air transport business of non-residents",
"related_acts": "",
"section_id": 223
},
{
"act_id": 672,
"details": "104. Where any business is carried on between a resident and a non-resident and it appears to the Deputy Commissioner of Taxes that, owing to the close connection between them, the course of business is so arranged that the business transacted between them produces to the resident either no profits or profits less than the ordinary profits which might be expected to yield in that business, the Deputy Commissioner of Taxes shall determine the amount of income which may reasonably be considered to have accrued to the resident from such business and include such amount in the total income of the resident.",
"name": "Avoidance of tax through transactions with non-residents",
"related_acts": "",
"section_id": 224
},
{
"act_id": 672,
"details": "105. (1) Any income which becomes payable to a non-resident by virtue, or in consequence, of any transfer of assets, whether alone or in conjunction with associated operations, shall be deemed to be the income of the person who- (a) \thas acquired, by means of such transfer or associated operations, any right by virtue, or in consequence, of which he has power to enjoy, whether forthwith or in future, the income which becomes so payable to the non-resident, or (b) \thas received or is entitled to receive at any time, for reasons attributable to such transactions or associated operations, any sum paid or payable by way of loan or repayment of loan or any other sum, not being a sum paid or payable as income or for full consideration of money or money's worth. (2) The income which becomes payable to a non-resident and is deemed under sub-section (1), to be the income of the person referred to therein shall be so deemed for all purposes of this Ordinance, whether such income would or would not have been chargeable to tax apart from the provisions of this section. (3) The provisions of this section shall not operate if it is shown to the satisfaction of the Deputy Commissioner of Taxes- (a) \tthat neither the transfer nor any associated operation had for its purpose, or for one of its purposes, the avoidance of liability to taxation; or (b) \tthat the transfer and all associated operations were bona fide commercial transaction and were not designed for the purpose of avoiding liability to taxation. (4) Where any person has been charged to tax on any income which is deemed under sub-section (1) to be his income, that income shall not again be deemed to form part of his income for the purpose of this Ordinance if it is subsequently received by him whether as income or in any other form. (5) A person shall, for the purposes of this section, be deemed to have power to enjoy the income payable to a non-resident if- (a) \tsuch income is in fact so dealt with as to be calculated to ensure at any time for the benefit of such person in any form; or (b) \tthe receipt or accrual of such income operates to increase the value of any assets held by such person or for his benefit; or (c) \tsuch person receives or is entitled to receive at any time any benefit provided or to be provided- (i) \tout of such income; or (ii) \tout of moneys which are or will be, available for the purpose by reason of the effect or successive effects of associated operations on such income and on any assets representing the income; or (d) \tsuch person has, by means of the exercise of any power of appointment, revocation or otherwise, power to obtain for himself, with or without the consent of any other person, the beneficial enjoyment of such income; or (e) \tsuch person is able to control, directly or indirectly, the application of such income, in any manner whatsoever. (6) In determining whether a person has power to enjoy income, regard shall be had to the substantial result and effect of the transfer and any associated operations, and to all benefits which may at any time accrue to such person as a result of the transfer and associated operations irrespective of the nature or form of the benefit. Explanation.-For the purposes of this section,- (a) \t“assets” includes property or rights of any kind and “transfer”, in relation to assets being rights, includes creation of those rights; (b) \t“associated operation”, in relation to any transfer, means as operation of any kind effected by any person in relation to- (i) \tany of the assets transferred; or (ii) \tany income arising from such assets; or (iii) \tany assets representing, directly or indirectly, any of the assets transferred, or the accumulation of the income arising from such assets; (c) \t“benefit” includes a payment of any kind; (d) \treferences to assets representing any assets transferred, or any income or accumulation of income arising therefrom, includes references to shares in or obligation of any company to which, or the obligation of any other person to whom, any such assets or that income or accumulation of income is or has been transferred; and (e) \tany body corporate incorporated outside Bangladesh shall be treated as if it were a non-resident.",
"name": "Avoidance of tax through transfer of assets",
"related_acts": "",
"section_id": 225
},
{
"act_id": 672,
"details": "106. (1) Where the owner of any securities sells or transfers those securities and buys them back or reacquires them, or buys or acquires similar securities, and the result of the transactions is that any interest becoming payable in respect of the original securities sold or transferred by the owner is not receivable by the owner, the interest payable as aforesaid shall be deemed, for all purposes of this Ordinance, to be the income of such owner and not of any other person, whether the interest payable as aforesaid would or would not have been chargeable to tax apart from the provisions of this sub-section. (2) Where any person has had for any period during an income year any beneficial interest in any securities and the result of any transactions within that year relating to such securities or the income thereof is that no income is received by him, or that the income received by him is less than the sum which the income would have amounted to had the income from such securities accrued from day to day, and been apportioned to the said period, then the income from such securities for the said period shall be deemed to be the income of such person. (3) Where, any person carrying on a business which consists wholly or partly in dealing in securities buys or acquires any securities from any other person and either sells back or re-transfers those securities, or sells or transfers similar securities, to such other person, and the result of the transactions is that the interest becoming payable in respect of the securities bought or acquired by him is receivable by him but is not deemed to be his income by reason of the provisions of sub-section (1), no account shall be taken of the transactions in computing for any of the purposes of this Ordinance any income arising from, or loss sustained, in the business. (4) The Deputy Commissioner of Taxes may, by notice in writing, require any person to furnish him, within such time, not being less than twenty-eight days, as may be specified in the notice, such particulars in respect of all securities of which such person was the owner, or in which he had beneficial interest at any time during the period specified in the notice, as the Deputy Commissioner of Taxes may consider necessary for the purpose of ascertaining whether tax has been borne in respect of the interest on all those securities and also for other purposes of this section. Explanation.-For the purposes of this section,- (a) \t“interest” includes dividend; (b) \t“securities” includes stocks and shares; and (c) \tsecurities shall be deemed to be similar if they entitle their holders to the same right against the same persons as to capital and interest and the same remedies for the enforcement of these rights, notwithstanding any difference in the total nominal amounts of the respective securities or in the form in which they are held or in the manner in which they can be transferred.",
"name": "Avoidance of tax by transactions in securities",
"related_acts": "",
"section_id": 226
},
{
"act_id": 672,
"details": "107. (1) Subject to such exceptions as the Board may make in this behalf, a person who is not domiciled in Bangladesh, or a person who being domiciled in Bangladesh at the time of his departure is not, in the opinion of an income tax authority likely to return to Bangladesh, shall not leave Bangladesh without obtaining from the Deputy Commissioner of Taxes authorised in this behalf by the Board:- (a) \ta tax clearance certificate, or (b) \tif he has the intention of returning to Bangladesh, an exemption certificate which shall be issued only if the Deputy Commissioner of Taxes is satisfied that such person has such intention; and such exemption certificate may be either for a single journey or for all journeys within the period specified in the certificate. (2) The owner or charterer of any ship or aircraft, who issue any authority to any person referred to in sub-section (1) for travel by such ship or aircraft from any place in Bangladesh to any place outside Bangladesh unless such person has a certificate required by that sub-section, shall- (a) \tbe liable to pay the amount of tax, if any, which has or may become due and payable by such person and also to a penalty which may extend to two thousand taka; and (b) \tbe deemed, for the purposes of recovery of such tax and penalty, to be an assessee in default, and all the provisions of this Ordinance shall apply accordingly. Explanation.-For the purposes of this section,- (a) \t“exemption certificate”, in relation to any person, means a certificate to the effect that such person is exempt from the requirement of having a tax clearance certificate for the purpose of the journey or journeys specified therein; (b) \t“owner” or “charterer” includes any representative, agent or employee who may be empowered by the owner or charterer of a ship or aircraft to issue an authority to travel by the ship or aircraft; and (c) \t“Tax clearance certificate”, in relation to a person, means a certificate to the effect that such person has no liability under this Ordinance, the Income-tax Act, 1922 (XI of 1922), 731the Gift-tax Act, 1963 (XIV of 1963) or দান কর আইন, ১৯৯০ (১৯৯০ সনের ৪৪ নং আইন), or the Wealth-tax Act, 1963 (XV of 1963), or that satisfactory arrangements have been made for the payment of all or any of such taxes which are or may become payable by such person.",
"name": "Tax clearance certificate required for persons leaving Bangladesh",
"related_acts": "",
"section_id": 227
},
{
"act_id": 672,
"details": "107A. In this Chapter, unless there is anything repugnant in the subject or context, - (1) \"arm’s length price\" means a price in a transaction, the conditions (e.g. price, margin or profit split) of which do not differ from the conditions that would have prevailed in a comparable uncontrolled transaction between independent entities carried out under comparable circumstances; (2) “associated enterprise”, in relation to another enterprise, means an enterprise which, at any time during the income year, has the following relationship with the other enterprise- (a) one enterprise participates, directly or indirectly, or through one or more intermediaries, in the management or control or capital of the other enterprise; or (b) the same person or persons participate, directly or indirectly, or through one or more intermediaries, in the management or control or capital, of both enterprises; or (c) one enterprise holds, directly or indirectly, shares carrying more than twenty five percent of the voting power in the other enterprise; or (d) the same person or persons controls shares carrying more than twenty five percent of the voting power in both enterprises; or (e) the cumulative amount of borrowings of one enterprise from the other enterprise constitutes more than fifty percent of the book value of the total assets of that other enterprise; or (f) the cumulative amount of guarantees provided by one enterprise in favour of the other enterprise constitutes more than ten percent of the book value of the total borrowings of the other enterprise; or (g) more than half of the board of directors or members of the governing board of one enterprise are appointed by the other enterprise; or (h) any executive director or executive member of the governing board of one enterprise is appointed by, or is in common with the other enterprise; or (i) the same person or persons appoint more than half of the board of directors or members in both enterprises; or (j) the same person or persons appoint any executive director or executive member in both enterprises; or (k) one enterprise has the practical ability to control the decision of the other enterprise; or (l) the two enterprises are bonded by such relationship of mutual interest as may be prescribed; (3) “enterprise” means a person or a venture of any nature (including a permanent establishment of such person or venture); (4) \"independent enterprise\" means an enterprise that is not an associated enterprise; (5) \"international transaction\" means a transaction between associated enterprises, either or both of whom are non-residents, in the nature of purchase, sale or lease of tangible or intangible property, or provision of services, or lending or borrowing money, or any other transaction having a bearing on the profits, income, losses, assets, financial position or economic value of such enterprises, and includes- (a) a mutual agreement or arrangement between two or more associated enterprises for the allocation or apportionment of, or any contribution to, any cost or expense incurred or to be incurred in connection with a benefit, service or facility provided or to be provided to any one or more of such enterprises; (b) a transaction entered into by an enterprise with a person 733irrespective of whether such other person is a non-resident or not other than an associated enterprise, if there exists a prior agreement in relation to the relevant transaction between such other person and the associated enterprise, or the terms of the relevant transaction are determined in substance between such other person and the associated enterprise; 734*** (7) \"property\" includes goods, articles, things or items, patent, invention, formula, process, design, pattern, know-how, copyright, trademark, trade name, brand name, literary, musical, or artistic composition, franchise, license or contract, method, program, software, database, system, procedure, campaign, survey, study, forecast, estimate, customer list, technical data, any aspects of advertising and marketing, any item which has substantial value, or any other intangible property; (8) \"record\" includes electronically held information, documents and records; (9) \"Transfer Pricing Officer\" means any income tax authority authorised by the Board to perform the function of a Transfer Pricing Officer; (10) \"transaction\" includes an arrangement, understanding or action between two or more parties, whether or not such arrangement, understanding or action is formal or in writing; or whether or not it is intended to be enforceable by legal proceeding; (11) \"uncontrolled transaction\" means a transaction undertaken between enterprises not being the associated enterprises.",
"name": "Definitions.",
"related_acts": "",
"section_id": 228
},
{
"act_id": 672,
"details": "107B. Notwithstanding anything contained in Chapter XI of this Ordinance, the amount of any income, or expenditure, arising from an international transaction shall be determined having regard to the arm’s length price.",
"name": "Determination of income from international transaction having regard to arm’s length price.",
"related_acts": "",
"section_id": 229
},
{
"act_id": 672,
"details": "107C.(1) The arm’s length price in relation to an international transaction shall be determined by applying the most appropriate method or methods selected from the following methods based on the nature of transaction, the availability of reliable information, functions performed, assets employed, risks assumed or such other factors as may be prescribed, namely:- (a) comparable uncontrolled price method; (b) resale price method; (c) cost plus method; (d) profit split method; (e) transactional net margin method; (f) any other method where it can be demonstrated that- (i) none of the methods mentioned in clause (a) to (e) can be reasonably applied to determine the arm's length price for the international transaction; and (ii) such other method yields a result consistent with the arm's length price. 7351A) Where the most appropriate method applied is a method other than the method referred to in clause (d) or clause (f) of sub-section (1) and the dataset of the arm’s length price consists of six or more entries, an arm’s length range beginning from the thirty percentile of the dataset and ending on the seventy percentile of the dataset shall be constructed and the arm’s length price shall be- i. if the price at which the international transaction has actually been undertaken is within the range referred as above, then the price at which such international transaction has actually been undertaken shall be deemed to be the arm’s length price; ii. if the price at which the international transaction has actually been undertaken is outside the arm’s length range referred as mentioned above, the arm’s length price shall be taken to be the median of the datasetIn a case the dataset is less than six entries, the arm’s length price shall be the arithmetical mean of all the values included in the dataset. (2) The most appropriate method referred to in sub-section (1) shall be applied for determination of arm’s length price in the manner as may be prescribed: Provided that the arm’s length price determined under this section shall not result in total income lower than the total income that would have been resulted if the price at which international transaction has actually been undertaken were taken as the price charged or paid in the said international transaction. (3) Where in the course of any assessment under Chapter IX of this Ordinance, the Deputy Commissioner of Taxes is of the opinion thatÔÇö (a) the price charged or paid in an international transaction has not been determined by the assessee in accordance with sub-sections (1) and (2); or (b) the assessee has failed to maintain the information, documents or records in accordance with the provisions of section 107E; or (c) the information or data based on which the arm's length price was computed by the assessee is not reliable or correct; the Deputy Commissioner of Taxes may determine the arm’s length price in relation to the said international transaction in accordance with provisions of sub-sections (1) and (2) on the basis of information or documents or other evidence available to him. (4) In determining the arm’s length price under sub-section (3), the Deputy Commissioner of Taxes shall give an opportunity to the assessee by serving a notice calling upon him to show cause, on a date and time to be specified in the notice, why the arm’s length price should not be so determined on the basis of information or documents or other evidence available to the Deputy Commissioner of Taxes. (5) Where an arm’s length price is determined under sub-section (3) of this section or under sub-section (4) of section 107D, the Deputy Commissioner of Taxes shall, by an order in writing, proceed to compute the total income of the assessee having regard to the arm’s length price so determined.",
"name": "Computation of arm’s length price.",
"related_acts": "",
"section_id": 230
},
{
"act_id": 672,
"details": "107D. (1) Notwithstanding anything contained in section 107C of this Ordinance,- (a) the Deputy Commissioner of Taxes, with prior approval of the Board, may refer the determination of the arm’s length price under section 107C to the Transfer Pricing Officer; (b) the Transfer Pricing Officer, with prior approval of the Board, may proceed to determine the arm’s length price in relation to any international transaction. (2) Where a reference is made or any proceedings have been initiated under sub-section (1), the Transfer Pricing Officer shall serve a notice on the assessee requiring him to produce or cause to be produced on a date to be specified therein, any evidence on which the assessee may rely in support of his computation of the arm’s length price in relation to the international transaction in question. (3) The Transfer Pricing Officer shall, after considering the evidence produced before him or available to him including the evidence as he may require on any specified points from the assessee or from any other person, and after taking into account all relevant materials which he has gathered shall, by order in writing, determine the arm’s length price in relation to the international transaction in accordance with section 107C of this Ordinance and send a copy of his order to the Deputy Commissioner of Taxes. (4) The Deputy Commissioner of Taxes, upon receipt of the order under sub-section (3), shall proceed to compute the total income of the assessee in conformity with the arm’s length price so determined by the Transfer Pricing Officer 736and in computing the income of a person that is exempted from tax or is subject to a reduced rate of tax, the adjustment made in conformity with the arm’s length price so determined by the Transfer Pricing Officer shall be treated as income of such person and tax shall be payable on such income at the regular rate. (5) The Transfer Pricing Officer may rectify any order passed by him under sub-section (3) so as to correct any mistake apparent from the record either of his own motion or on the mistake having been brought to his notice by the assessee or any other income tax authority, and the provisions of section 173 of this Ordinance shall, so far as may be, apply accordingly. (6) Where any rectification is made under sub-section (5), the Transfer Pricing Officer shall send a copy of his order to the Deputy Commissioner of Taxes who shall thereafter proceed to amend the order of assessment in conformity with such order of the Transfer Pricing Officer.",
"name": "Reference to Transfer Pricing Officer.",
"related_acts": "",
"section_id": 231
},
{
"act_id": 672,
"details": "107E.(1) Every person who has entered into an international transaction shall keep and maintain such information, documents and records as may be prescribed. (2) Without prejudice to the provisions of sub-section (1), the Board may prescribe the period for which the information, documents and records shall be kept and maintained. (3) The Deputy Commissioner of Taxes may, by notice in writing, require any person to furnish any information, documents and records as prescribed under sub-section (1) within the period as may be specified in the notice.",
"name": "Maintenance and keeping of information, documents and records",
"related_acts": "",
"section_id": 232
},
{
"act_id": 672,
"details": "737107EE. Every person who has entered into an international transaction shall furnish, along with the return of income, a statement of international transactions in the form and manner as may be prescribed.",
"name": "Statement of international transactions to be submitted",
"related_acts": "",
"section_id": 233
},
{
"act_id": 672,
"details": "738107F. The Deputy Comissioner of Taxes may, by notice in writing, require that a person who has entered into international transaction or transactions the aggregate value of which, as recorded in the books of accounts, exceeds three crore taka during an income year shall furnish within the period as may be specified in the notice and in the form and manner as may be prescribed, a report from a Chartered Accountant or a Cost and Management Accountant regarding all or of a part of the information, documents and records furnished under section 107E.",
"name": "Report from an accountant to be furnished.",
"related_acts": "",
"section_id": 234
},
{
"act_id": 672,
"details": "107G. Where any person fails to keep, maintain or furnish any information or documents or records as required by section 107E of this Ordinance, without prejudice to the provisions of Chapter XV of this Ordinance, the Deputy Commissioner of Taxes may impose upon such person a penalty not exceeding one percent of the value of each international transaction entered into by such person.",
"name": "Penalty for failure to keep, maintain or furnish information, documents or records to the Deputy Commissioner of Taxes.",
"related_acts": "",
"section_id": 235
},
{
"act_id": 672,
"details": "107H. Where any person fails to comply with the notice or requisition under section 107C of this Ordinance, the Deputy Commissioner of Taxes may impose upon such person a penalty not exceeding one percent of the value of each international transaction entered into by such person.",
"name": "Penalty for failure to comply with the notice or requisition under section 107C.",
"related_acts": "",
"section_id": 236
},
{
"act_id": 672,
"details": "739107HH. Where any person fails to comply with the provision of section 107EE of this Ordinance, the Deputy Commissioner of Taxes may impose upon such person a penalty not exceeding two per cent (2%) of the value of each international transaction entered into by such person.",
"name": "Penalty for failure to comply with the provision of section 107EE",
"related_acts": "",
"section_id": 237
},
{
"act_id": 672,
"details": "107I. Where any person fails to furnish a report 740*** as required by section 107F of this Ordinance, the Deputy Commissioner of Taxes may impose upon such person a penalty of a sum not exceeding three lakh taka.",
"name": "Penalty for failure to furnish report under section 107F.",
"related_acts": "",
"section_id": 238
},
{
"act_id": 672,
"details": "107J. The provisions of this Chapter shall come into force from the date specified by the Board through notification in the official Gazette.",
"name": "Applicability of this Chapter.",
"related_acts": "",
"section_id": 239
},
{
"act_id": 672,
"details": "108. Every person responsible for making any payment constituting income classifiable under the head “Salaries” not being payment made by the Government, and the prescribed officer in cases where such payments are made by the Government, shall, before the first day of September each year, furnish to the Deputy Commissioner of Taxes, a statement prepared in the prescribed form and verified in the prescribed manner so as to give the following information, namely:- (a) \tthe name and address of every person to whom such payment has been made, or was due, during the preceding financial year if the payment exceeds such amount as may be prescribed; (b) \tthe amount of payment so made, or due; (c) \tthe amount deducted as tax from such payment; and (d) \tsuch other particulars as may be prescribed : Provided that the Deputy Commissioner of Taxes may extend the date for the delivery of the statement.",
"name": "Information regarding payment of salary",
"related_acts": "",
"section_id": 240
},
{
"act_id": 672,
"details": "741108A. (1) Every employee shall furnish the following information to the employer by the fifteenth day of April each year- (i) Taxpayer’s Identification Number; (ii) Date of filing of the return of income; and (iii) The serial number provided by the income tax authority upon filing of the return of income. (2) Any person responsible for making any payment which is an income of the payee classifiable under the head \"Salaries\", shall, by the thirtieth day of April of each year, furnish to such income tax authority and in such manner as may be prescribed, a statement containing the following information regarding the payee:- (i) The name, designation and the Taxpayer’s Identification Number; (ii) Date of filing of the return of income; (iii) The serial number provided by the income tax authority upon filing of the return; (3) Nothing in this section shall apply to a payment made by the Government.",
"name": "Information regarding filing of return by employees",
"related_acts": "",
"section_id": 241
},
{
"act_id": 672,
"details": "109. Every person responsible for making any payment of interest constituting income not classifiable under the head “Interest on securities” shall, if such payment exceeds 742fifteen thousand taka, before the first day of September each year, furnish to a prescribed officer a statement prepared in the prescribed form and verified in the prescribed manner so as to give the following information, namely:- (a) \tthe name and address of every person to whom such payment has been made, or was due, during the preceding financial year; (b) \tthe amount of payment so made or due; and (c) \tsuch other particulars as may be prescribed.",
"name": "Information regarding Payment of interest",
"related_acts": "",
"section_id": 242
},
{
"act_id": 672,
"details": "110. The principal officer of every company shall, before the first day of September each year, furnish to the prescribed officer a statement prepared in the prescribed form and verified in the prescribed manner, so as to give the following information, namely:- (a) \tthe name and address of every shareholder, as entered in the register of shareholders, to whom a dividend or the aggregate of dividends has been paid or distributed during the preceding financial year if such payment exceeds such amount as may be prescribed; (b) \tthe amount of dividend or dividends so paid or distributed; and (c) \tsuch other particulars as may be prescribed.",
"name": "Information regarding payment of dividend",
"related_acts": "",
"section_id": 243
},
{
"act_id": 672,
"details": "111. Registration of firms.- Omitted by section 6 of the Finance Act, 1995 (Act No. XII of 1995).",
"name": "Omitted",
"related_acts": "",
"section_id": 244
},
{
"act_id": 672,
"details": "744111A. (1) Notwithstanding anything contained in this Ordinance, the provisions of this section shall have overriding effect over all other provisions of this Ordinance.(2) In determining “income from business or profession” of a startup registered under this section, sections 30 and 30B shall not be applicable for growth years.(3) Where in any growth year, any loss is incurred by a startup registered under this section and the loss cannot be wholly so set off, the amount of the loss not so set off shall be carried forward to the next assessment year and so on for not more than nine successive assessment years.(4) The rate of minimum tax as provided in sub-section (4) of section 82C for growth years of a startup registered under this section shall be 0.1% (zero point one percent).(5) Save as provided in section 75, a startup registered under this section shall have no reporting obligation under this Ordinance for growth years if the startup provides permanent access to its system or books to the income tax authority.(6) A startup, to enjoy the benefit of sandbox, shall be registered with the Board in the manner as required by the Board.(7) A startup shall not be eligible for registration under this section, if it –(a) is incorporated prior to first day of July 2017; or(b) is incorporated between first day of July 2017 and thirtieth day of June 2022 and fails to get registration by the thirtieth day of June 2023; or(c) is incorporated on or after first day of July 2022 and fails to get registration under this section by thirtieth June of every year following the year of its incorporation.(8) For the purpose of this section-(a) “growth years” means-(i) for the purpose of clause (b) of sub-section (7), a period of three years that starts with first day of July 2023 and ends with the thirtieth day of June 2026.(ii) for the purpose of clause (c) of sub-section (7), a period of five years that starts with first day of July of the year following the year of incorporation.(b) “innovation” means the process of creating value by offering novel solution or making a significant improvement to any prevailing solution to any significant problem or a set of problems.(c) “startup” means a company with annual turnover not exceeding Taka 100 crore in any financial year and that-(i) is incorporated under কোম্পানী আইন, ১৯৯৪ (১৯৯৪ সনের ১৮ নং আইন); and(ii) works towards deployment or commercialization of new products, process or service driven by innovation, development and technology or intellectual property; and(iii) is not a subsidiary of another company holding fifty percent or more of its shares; and(iv) is not a resulting company of a scheme of amalgamation or demerger.",
"name": "Startup sandbox",
"related_acts": "788",
"section_id": 245
},
{
"act_id": 672,
"details": "112. The powers exercisable by income tax authorities under this Chapter shall not prejudice, unless otherwise provided in the provision thereof, the powers exercisable under the other provisions of this Ordinance.",
"name": "Powers under this Chapter not to prejudice other powers",
"related_acts": "",
"section_id": 246
},
{
"act_id": 672,
"details": "113. The Deputy Commissioner of Taxes, the Inspecting Joint Commissioner, 745the Commissioner, the Director General, Central Intelligence Cell,746Directors-General of Inspection (Taxes), or any other officer authorised in this behalf by the Commissioner or the Board may, for the purposes of this Ordinance, by notice in writing, require- (a) any firm, to furnish him with a statement of the names and addresses of the partners and their respective shares; (b) any Hindu undivided family, to furnish him with a statement of the names and addresses of the manager and the members of the family; (c) any person, whom he has reason to believe to be a trustee, guardian or agent to furnish him with a statement of the names and addresses of the persons for or of whom he is trustee, guardian or agent; (d) any assessee to furnish him with a statement of the names and addresses of all persons to whom he has paid in any income year any rent, interest, commission, royalty or brokerage, or any annuity, not being an annuity classifiable under the head “Salaries”, amounting to more than three thousand taka, together with particulars of all such payment; (e) any dealer, broker or agent, or any person concerned in the management of a Stock Exchange, to furnish a statement of the names and addresses of all persons to whom he or the Exchange has paid any sum in connection with the transfer of capital assets, or on whose behalf or from whom he or the Exchange has received any such sum, together with the particulars of all such payments and receipts; or (f) any person, including a banking company, to furnish information in relation to such points or matters, or to furnish such statement or accounts giving such particulars, as may be specified in the notice: Provided that no such notice on a banking company shall be issued by the Deputy Commissioner of Taxes or the Inspector, without the approval of the Commissioner, 747***.",
"name": "Power to call for information",
"related_acts": "",
"section_id": 247
},
{
"act_id": 672,
"details": "748113A. (1) The Board may, by a notice in official gazette, require any authority, person or entity to furnish in digital manner to the Board or any income tax authority specified by the Board, any information including information regarding assets, liabilities, income, expenses and transactions in respect of any class of persons. (2) The information mentioned in sub-section (1) shall be furnished in such digital manner as may be specified in the notice. (3) For the purpose of this section, furnishing in digital manner includes- (a)\tuploading data in the system of the Board; (b)\tsharing data to the digital or electronic system of the Board; and (c)\tenabling digital or electronic access to the intended system.",
"name": "Automatic furnishing of information",
"related_acts": "",
"section_id": 248
},
{
"act_id": 672,
"details": "114. The Deputy Commissioner of Taxes, the Joint Commissioner of Taxes or any person authorised in writing in this behalf by either of them, may inspect and, if necessary, take copies, or cause copies to be taken, of any register of the members, debenture-holders or mortgagees of any company or any entry in such register.",
"name": "Power to Inspect registers of companies",
"related_acts": "",
"section_id": 249
},
{
"act_id": 672,
"details": "115. (1) For the purpose of survey of liability of any person to tax under this Ordinance, an income tax authority may, notwithstanding anything contained in other provisions of this Ordinance but subject to such directions or instructions as the Board may issue in this behalf, enter any place or premises within the limits of its jurisdiction and- (a) \tinspect any accounts or documents and check or verify any article or thing; (b) \tmake an inventory of any cash, stock or other valuable articles or things checked or verified by it; (c) \tplace marks of identification on or stamp the books of accounts or other documents inspected by it and make or cause to be made extracts or copies therefrom; (d) \trecord the statement of any person which may be useful for, or relevant to, any proceeding under this Ordinance; and (e) \tmake such enquiries as may be necessary. (2) Subject to the provisions of section 117, any income-tax authority exercising powers under sub-section (1), shall not remove or cause to be removed from any place or premises wherein he has entered, any books of account, or other documents, or any cash, stock or other valuable article or thing. (3) Every proprietor, employee or other person who may be attending in any manner to, or helping in, the carrying on of any business or profession, or every person who may be residing in the place or premises in respect of which an income tax authority may be exercising power under sub-section (1), shall in aid of the exercise of such power,- (a) \tafford the authority necessary facilities for inspection of books of accounts or other documents, or for checking or verifying the cash, stock or other valuable article or thing found in such place or premises; and (b) \tfurnish such information as the authority may require in respect of any matter which may be useful for, or relevant to, any proceeding under this Ordinance.",
"name": "Power of survey",
"related_acts": "",
"section_id": 250
},
{
"act_id": 672,
"details": "116. (1) The 749* * * 750Directors-General of Inspection, 751the Commissioner, the Director General, Central Intelligence Cell, and the Inspecting Joint Commissioner may, without prejudice to other powers which they may have under other provisions of this Ordinance, make any enquiry which they consider necessary as respects any person liable, or believed by them to be liable, to assessment under this Ordinance, or 752require any such person or any other person in relation to such enquiry to appear before him at the time and place as directed for providing any information or to produce or cause to be produced necessary documents, accounts or records including any electronic records and systems referred to in the Explanation of sub-section (2) of section 117 under the possession or control of such person or such other person. (2) For the purpose of sub-section (1), the 753* * * 754Directors- General of Inspection, 755the Commissioner, the Director General, Central Intelligence Cell, and the Inspecting Joint Commissioner shall have the same powers as the Deputy Commissioner of Taxes has under this Ordinance for the purposes of making enquiry or requiring the production of accounts or documents including the powers under section 117(2). (3) 756The Commissioner, the Director General, Central Intelligence Cell, the Inspecting Joint Commissioner, the Deputy Commissioner of Taxes or an Inspector, if he is so authorised in writing, may, for the purpose of making any enquiry which he considers necessary, enter the premises in which a person liable or believed by him to be liable to assessment, carries on his business or profession, and may call for and inspect any such person's accounts or any documents in his possession and may stamp any accounts or documents so inspected and may retain such accounts or documents for so long as may be necessary for examination thereof or for the purposes of a prosecution: Provided that the Deputy Commissioner of Taxes or an Inspector shall not make any enquiries from any scheduled bank regarding any client of such bank except with the prior approval of the 757* * * Commissioner.",
"name": "Additional powers of enquiry and production of documents",
"related_acts": "",
"section_id": 251
},
{
"act_id": 672,
"details": "758116A. (1) Where, in the course of performing functions under this Ordinance, the Director General, Central Intelligence Cell or the Commissioner has definite information in his hands that any person has concealed the particulars of income or investment, he may, by order in writing, require any person who is in immediate possession or control of any money, bullion, jewellery, financial instrument, financial asset, valuable article or any other property not to remove, part with, or otherwise deal with it without obtaining previous permission of the concerned authority passing such order. (2) Every such order shall cease to have effect after the expiry of a period of one year from the date of the order made under sub-section (1). (3) The income tax authority mentioned in sub-section (1) may extend such period or periods with the approval of the Board: Provided that the total period of extension shall in no case exceed one year. (4) In computing the period referred to sub-section (2) and sub-section (3), the period, if any, for which the order under sub-section (1) has been stayed by any court, shall be excluded.",
"name": "Power of giving order for not removing property",
"related_acts": "",
"section_id": 252
},
{
"act_id": 672,
"details": "117. (1) Where 759* * * the 760Directors-General of Inspection or 761the Commissioner, the Director General, Central Intelligence Cell, or such other officer empowered in this behalf by the Board has, on account of information in his possession, reason to believe that- (a) \tany person, to whom a summons or notice under this Ordinance has been or might be issued to produce, or cause to be produced, any books of accounts or other documents, 762or electronic records and systems, has failed to, or is not likely to, produce or cause to be produced such books of accounts or other documents, 763or electronic records and systems, or (b) \tany person is in possession of any money, bullion, jewellery or other valuable article or thing which represents, wholly or partly, income or property which is required to be disclosed under this Ordinance but has not been so disclosed, he may authorise any officer subordinate to him, being not below the rank of the 764Assistant Commissioner of Taxes, to exercise the powers under sub-section (2). (2) An officer authorised under sub-section (1) (hereinafter referred to as the authorised officer) may, notwithstanding anything contained in any other law for the time being in force,- (a) \tenter and search any building, place, vessel, vehicle or aircraft where he has reason to suspect that any books of accounts, documents, 765electronic records and systems, money, bullion, jewellery or other valuable article or thing referred to in sub-section (1) are or have been kept; (b) \tbreak-open the lock of any door, box, locker, safe, almirah or other receptacle for the purpose of the said entry, and search, if keys thereof are not available; (c) \tsearch any person who has got out of, or is about to get, into, or is in, the building, place, vessel, vehicle or aircraft, if he has reason to suspect that such person has secreted about his person any such books of accounts, documents,766electronic records and systems, money, bullion, jewellery or other valuable article or thing; (d) \tseize any such books of accounts, documents, 767electronic records and systems, money, bullion, jewellery or other valuable article or thing found as a result of such search; (e) \tplace marks of identification on or stamp any books of accounts or other document or make or cause to be made extracts or copies therefrom; and (f) \tmake a note or an inventory of any such money, bullion, jewellery or other valuable article or thing768; (g) extract the data, images or any inputs stored in the electronic records and systems or enter the systems by breaking through password protection or copy or analyse the data, books of accounts, documents, images or inputs. 769Explanation.- For the purpose of this section, 'electronic records and systems' include data, record or data generated, image or sound stored, received or sent in an electronic form or micro film or computer generated micro fiche and also include an electronic device. (3) The authorised officer may requisition the services of any police officer or other officer of the Government 770or any professional expert from outside the government to assist him for all or any of the purposes specified in sub-section (2); and it shall be the duty of every such officer 771or professional expert to comply with such requisition. (4) The authorised officer may, where it is not practicable to seize any such books of accounts, documents, 772electronic records and systems, money, bullion, jewellery or other valuable article or thing, by order in writing, require the owner or the person who is in immediate possession or control thereof not to remove, part with or otherwise deal with it without obtaining his previous permission; and the authorised officer may take such steps as may be necessary for ensuring compliance with the order773: Provided that if the owner or the person concerned, without any reasonable cause, fails to comply with the provisions of this sub-section, the Deputy Director General, Central Intelligence Cell or the Deputy Commissioner of Taxes may realize from him the money or the value of the bullion, jewellery, valuable article or thing, if any, removed, parted with or otherwise dealt with; and in such a case the said person shall be deemed to be an assessee in default under this Ordinance. (5) The authorised officer may, during the course of the search or seizure, examine on oath any person who is found to be in possession or control of any books of accounts, documents,774electronic records and systems, money, bullion, jewellery or other valuable article or thing and any statement made by such person during the examination may thereafter be used in evidence in any proceeding under this Ordinance, or the Income-tax Act, 1922 (XI of 1922). (6) Where any books of accounts, documents, 775electronic records and systems, money, bullion, jewellery or other valuable article or thing is found in the possession or control of any person in the course of a search, it may be presumed that- (a) \tthe books of accounts, documents, 776electronic records and systems, money, bullion, jewellery, article or thing belongs to such person; (b) \tthe contents of 777the books of accounts, documents, electronic records and systems are true; and (c) \tthe signature on, or the handwriting in, any such books or documents is the signature or handwriting of the person whose signature or hand writing it purports to be. (7) The person from whose custody any books of accounts or other documents 778or electronic records and systems are seized under sub-section (2) may make copies thereof, or take extracts therefrom, in the presence of the authorised officer or any other person designated by him, at such place and time as the authorised officer may appoint in this behalf. (8) The books of accounts or other documents 779or electronic records and systems seized under sub-section (2) shall not be retained by the authorised officer for a period exceeding one hundred and eighty days from the date of the seizure unless for reasons recorded in writing, approval of 780* * * the Commissioner has been obtained for such retention: Provided that 781* * * the Commissioner shall not approve such retention for a period exceeding thirty days after all the proceedings under this Ordinance in respect of the years for which the books of accounts or other documents, 782electronic records and systems, as are relevant, have been completed. (9) If any person, legally entitled to the books of accounts or other documents 783or electronic records and systems seized under sub-section (2) objects to the approval given by the Commissioner under sub-section (8), he may make an application, stating therein the reasons for his objection, to the Board for the return of the books of accounts or other documents 784or electronic records and systems; and the Board may, after giving the applicant an opportunity of being heard, pass such orders thereon as it may think fit. (10) Subject to the provisions of this Ordinance and the rules, if any, made in this behalf by the Board, the provisions of the Code of Criminal Procedure, 1898 (Act V of 1898), relating to search and seizure shall apply, so far as may be, to search and seizure under sub-section (2). Explanation.-For the purposes of this section, the word “proceeding” means any proceeding in respect of any year under this Ordinance which may be pending on the date on which a search is authorised under this section or which may have been completed on or before such date and also includes all proceedings under this Ordinance which may be commenced after such date in respect of any year.",
"name": "Power of search and seizure",
"related_acts": "75",
"section_id": 253
},
{
"act_id": 672,
"details": "785117A. (1)An authority, empowered in writingby the Commissioner of Taxes, Director General of Inspection or Director General of Intelligence Cell to verify deduction or collection of tax at source or to enforce the provisions of Chapter VII of this Ordinance, -(a) shall have full and free access to the premises, places, products, books of accounts and records of economic activities maintained in any form or manner;(b) shall have access to any information, code or technology which has the capability of retransforming or unscrambling encrypted data contained or available to such computers into readable and comprehensive format or text;(c) may extract the data, images or any inputs stored in the electronic records and systems or enter the systems by breaking through password protection or copy or analyse the data, books of accounts, documents, images or inputs;(d) may place marks of identification on or stamp any books of accounts or other document or make or cause to be made extracts or copies therefrom;(e) may impound and retain any such books of accounts, documents, electronic records and systems; and(f) may require any person to perform or refrain from activities as directed;(2) An authority empowered under sub-section (1), may be accompanied by experts, valuer or forces as he reasonably thinks fit.(3) Where any authority empowered under sub-section (1) is obstructed, hindered or unassisted by any person, the person in whose premise or place the authority has entered or intended to enter shall be liable to a penalty not exceeding Taka fifty lakh.(4) Where a person is found to be in default in respect of compliance of this section or Chapter VII of this Ordinance, the Deputy Commissioner of Taxes shall, after recording explanation of the person so in default or ex parte where no explanation is found, proceed to recover the amount of taxes along with penalties by making an assessment thereof.",
"name": "Power to verify and enforce deduction or collection of tax",
"related_acts": "",
"section_id": 254
},
{
"act_id": 672,
"details": "118. (1) Where any money, bullion, jewellery or other valuable article or thing (hereinafter referred to as assets) is seized under section 117, the authorised officer shall, unless he himself is the Deputy Commissioner of Taxes, forward a report thereof, together with all relevant papers, to the Deputy Commissioner of Taxes. (2) Where he has seized any assets under section 117 or, as the case may be, he has received a report under sub-section (1), the Deputy Commissioner of Taxes shall, after giving the person concerned a reasonable opportunity of being heard and making such enquiry as 786* * * the 787Directors-General of Inspection or the Commissioner may direct, within ninety days of the seizure of the assets, and with the previous approval of the Commissioner- (a) \testimate the undisclosed income (including income from the undisclosed property), in a summary manner to the best of his judgement on the basis of such materials as are available with him; (b) \tcalculate the amount of tax payable under this Ordinance on the income so estimated; and (c) \tspecify the amount that will be required to satisfy any existing liability under this Ordinance, the Income tax Act, 1922 (XI of 1922), the Gift-tax Act, 1963 (XIV of 1963), and the Wealth-tax Act, 1963 (XV of 1963), in respect of which such person is in default or is deemed to be in default: Provided that if, after taking into account the materials available with him, the Deputy Commissioner of Taxes is of the view that it is not possible to ascertain to which particular income year or years such income or any part thereof relates, he may calculate the tax on such income or part, as the case may be, as if such income or part were the total income chargeable to tax at the rates in force in the financial year in which the assets were seized. Explanation.-In computing the period of ninety days for the purposes of sub-section (2), any period during which any proceeding under this section is stayed by an order or injunction of any Court shall be excluded. (3) After completing the proceedings under sub-section (2), the Deputy Commissioner of Taxes shall, with the approval of the Commissioner, make an order requiring the person concerned to pay the aggregate of the amounts referred to in sub-section (2)(b) and (c) and shall, if such person pays, or makes satisfactory arrangement for the payment of, such amounts or any part thereof, release the assets seized under section 117 or such part thereof as he may deem fit in the circumstances of the case. (4) Where the person concerned fails to pay, or to make satisfactory arrangements for the payment of, any amount required to be paid in pursuance of the order under sub-section (3) or any part thereof, he shall be deemed to be an assessee in default in respect of the amount or part, and the Deputy Commissioner of Taxes may retain in his custody the assets seized under section 117 on any part thereof as are in his opinion sufficient for the realisation of the said amount or, as the case may be, of such part thereof as has not been paid. (5) If the Deputy Commissioner of Taxes is satisfied that the assets seized under section 117 or any part thereof were held by a person for or on behalf of any other person, he may proceed under this section against such other person, and all the provisions of this section shall apply accordingly. (6) If any person objects, for any reason, to an order made under sub-section (3), he may, within thirty days of the date of such order, make an application, stating therein the reasons for his objection, to the Commissioner for appropriate relief in the matter; and the Commissioner may, after giving the applicant an opportunity of being heard, pass such orders thereon as he may think fit.",
"name": "Retention of seized assets",
"related_acts": "",
"section_id": 255
},
{
"act_id": 672,
"details": "119. (1) Where the assets retained under sub-section (4) of section 118 consist solely of money, or partly of money and partly of other assets- (a) \tthe Deputy Commissioner of Taxes shall first apply such money towards payment of the amount in respect of which the person concerned is deemed to be an assessee in default under that sub-section; and thereupon such person shall be discharged of his liability to the extent of the money so applied; and (b) \twhere, after application of the money under clause (a), any part of the amount referred to therein remains unpaid, the Deputy Commissioner of Taxes may recover the amount remaining unpaid, by sale of such of the assets as do not consist of money in the manner movable property may be sold by a Tax Recovery Officer for the recovery of tax; and for this purposes he shall have all the powers of a Tax Recovery Officer under this Ordinance. (2) Nothing contained in sub-section (1) shall preclude the recovery of the amount referred to in section 118 (4) by any other mode provided in this Ordinance for the recovery of any liability of an assessee in default. (3) Any assets or proceeds thereof which remain after the discharge of the liability in respect of the amount referred to in section 118(4) shall forthwith be made over or paid to the persons from whose custody the assets were seized.",
"name": "Application of retained assets",
"related_acts": "",
"section_id": 256
},
{
"act_id": 672,
"details": "788120. (1) The Inspecting Joint Commissioner may call for and examine the record of any proceeding under this Ordinance if he considers that any order passed therein by the Deputy Commissioner of Taxes is erroneous in so far as it is prejudicial to the interests of the revenue, and may, after giving the assessee an opportunity of being heard, and after making or causing to be made, such inquiry as he thinks necessary, pass such order thereon as in his view the circumstances of the case would justify, including an order enhancing or modifying the assessment or cancelling the assessment and directing a fresh assessment to be made. (2) Where the power of the Deputy Commissioner of Taxes is exercised by a higher income tax authority under the provision of section 10, the proceedings mentioned in sub-section (1) shall be taken by the Commissioner. (3) No order shall be made under sub-section (1) after the expiry of four years from the date of the order sought to be revised. (4) Nothing in section 93 shall bar any proceeding under this section in applicable cases. (5) In this section, an order shall be deemed to be erroneous if, in the opinion of the Commissioner or the Inspecting Joint Commissioner, as the case may be,- (a) any income is misclassified in the order; or (b) any provision of this Ordinance is misinterpreted in making the order; or (c) the order is passed without making verification which should have been made; or (d) the order is passed allowing any relief without inquiring into the claim; or (e) the order, direction or instruction issued by the Board under section 8 has not been observed or followed in the order; or (f) the order is erroneous for reasons apparent from the record.",
"name": "Power of Commissioner or Inspecting Joint Commissioner to revise the erroneous order",
"related_acts": "",
"section_id": 257
},
{
"act_id": 672,
"details": "789***",
"name": "121 Omitted",
"related_acts": "",
"section_id": 258
},
{
"act_id": 672,
"details": "790121A. (1) The Commissioner may on an application made by the assessee, call for the record of any proceeding under this Ordinance in which an order has been passed by any authority subordinate to him and may make such enquiry or cause such enquiry to be made and, subject to the provisions of this Ordinance, may pass such order thereon, not being an order prejudicial to the assessee, as he thinks fir. (2) The application for revision of an order under this Ordinance passed by any authority subordinate to the Commissioner shall be made within sixty days of the date on which such order is communicated to the assessee or within such further period as the Commissioner may consider fit to allow on being satisfied that the assessee was prevented by sufficient cause from making the application within the said sixty days. (3) The Commissioner shall not exercise his power under sub-section (1) in respect of any order- (a)\tWhere an appeal against the order lies to the Appellate Joint Commissioner or to the Commissioner (Appeals) or to the Appellate Tribunal and the time within which such appeal may be made has not expired or the assessee has not waived his right of appeal; or (b)\twhere the order is pending on an appeal before the Appellate Joint Commissioner or it has been made the subject of an appeal to the Commissioner (Appeals) or to the Appellate Tribunal. (4) No application under sub-section (1) shall lie unless- (a)\tit is accompanied by a fee of two hundred taka; and (b)\tthe undisputed portion of the tax has been paid. Explanation.-The “undisputed portion of the tax” means the tax payable under section 74. (5) For the purposes of this section, an order by the Commissioner declining to interfere shall not be construed as an order prejudicial to the assessee. (6) Notwithstanding anything contained in this Ordinance, an application for revision made under sub-section (1) shall be deemed to have been allowed if the Commissioner fails to make an order thereon within a period of sixty days from the date of filing the application. Explanation.-For the purposes of this section, the Appellate Joint Commissioner of Taxes shall be deemed to be an authority subordinate to the Commissioner to whom the Deputy Commissioner of Taxes, whose order was the subject-matter of the appeal order under revision, is subordinate.",
"name": "Revisional power of Commissioner",
"related_acts": "",
"section_id": 259
},
{
"act_id": 672,
"details": "122. (1) The Deputy Commissioner of Taxes, the Joint Commissioner of Taxes, the Commissioner 791,the Director General, Central Intelligence Cell, and the Appellate Tribunal shall, for the purposes of this Ordinance, have the same powers as are vested in a Court under the Code of Civil Procedure, 1908 (Act V of 1908), when trying a suit in respect of the following matters, namely:- (a) \tdiscovery and inspection; (b) \tenforcing the attendance of any person and examining him on oath or affirmation; (c) \tcompelling the production of accounts or documents (including accounts or documents relating to any period prior or subsequent to the income year); and (d) \tissuing commissions for the examination of witnesses. (2) The Deputy Commissioner of Taxes shall not exercise his powers under this section for the purpose of enforcing the attendance of an employee of a scheduled bank as a witness or compelling the production of books of account of such a bank except with the prior approval of the Commissioner. (3) Any authority mentioned in sub-section (1) may impound and retain in its custody for such period as it considers fit, any books of accounts or other documents produced before it in any proceeding under this Ordinance. (4) Any proceeding under this Ordinance, before any authority mentioned in sub-section (1), shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purposes of section 196, of the Penal Code (Act XLV of 1860).",
"name": "Power to take evidence on oath, etc.",
"related_acts": "86",
"section_id": 260
},
{
"act_id": 672,
"details": "792123. (1) Where any person, not having income from house property, has, without reasonable cause, failed to comply with the provisions of any order or rule made in pursuance of, or for the purposes of section 35(2), the Deputy Commissioner of Taxes, may impose upon him a penalty at the rate of a sum not exceeding- (a) one and a half times the amount of tax payable by him; (b) one hundred Taka where the total income of such person does not exceed the maximum amount on which tax is not chargeable. (2) Where any person, having income from house property, has, without reasonable cause, failed to comply with the provisions of any order or rule made in pursuance of, or for the purposes of section 35(2), the Deputy Commissioner of Taxes, 793may impose upon him a penalty of fifty percent of taxes payable on house property income or five thousand taka, whichever is higher.",
"name": "Penalty for not maintaining accounts in the prescribed manner",
"related_acts": "",
"section_id": 261
},
{
"act_id": 672,
"details": "794124. (1) Where any person has, without reasonable cause, failed to file a return of income required by or 795under sections 75, 77, 89, 91 or 93, the Deputy Commissioner of Taxes may impose upon such person a penalty amounting to ten per cent of tax imposed on last assessed income subject to a minimum of 796taka one thousand, and in the case of a continuing default a further penalty of 797taka fifty for every day during which the default continues 798 : Provided that such penalty shall not exceed- (a) in case of an assessee, being an individual, whose income was not assessed previously five thousand taka; (b in case of an assessee, being an individual, whose income was assessed previously, fifty per cent (50%) of the tax payable on the last assessed income or taka one thousand, whichever is higher. 799800(2) Where any person has, without reasonable cause, failed to file or furnish any return, certificate, statement or information required under sections 58, 75A, 103A, 108, 108A, 109, or 110, the Deputy Commissioner of Taxes may impose upon such person-where the return, statement or information under sections 75A, 108 or 108A has not been filed or furnished, a penalty amounting to ten per cent of tax imposed on last assessed income or five thousand taka, whichever is higher, and in the case of a continuing default, a further penalty of one thousand taka for every month or fraction thereof during which the default continues;(b) in other cases of non-compliance, a penalty amounting to five thousand taka, and in the case of a continuing default, a further penalty of one thousand taka for every month or fraction thereof during which the default continues. (3) Where any person has, without any reasonable cause, failed to furnish information as required under section 113, the income tax authority requiring the information under section 113 may impose a penalty of twenty five thousand taka and in case of a continuing default a further penalty of five hundred taka for each day.",
"name": "Penalty for failure to file return, etc.",
"related_acts": "",
"section_id": 262
},
{
"act_id": 672,
"details": "801124A.-Where a person has, without reasonable cause, used Tax-payer's Identification Number (TIN) of another person or used fake TIN on a return of income or any other documents where TIN is required under this Ordinance, the Deputy Commissioner of Taxes may impose a penalty not exceeding taka twenty thousand on that person.",
"name": "Penalty for using fake Tax-payer's Identification Number",
"related_acts": "",
"section_id": 263
},
{
"act_id": 672,
"details": "802***",
"name": "Omitted",
"related_acts": "",
"section_id": 264
},
{
"act_id": 672,
"details": "125. Where, in the course of any proceeding in connection with the assessment of tax under Chapter IX, the Deputy Commissioner of Taxes is satisfied that any person has- (a) \twithout reasonable cause, failed to pay advance tax as required by section 64; or (b) \tfurnished under section 67 any estimate of tax payable by him which he knew, or had reason to believe, to be untrue, he may impose upon such person a penalty of a sum not exceeding the amount by which the tax actually paid by him falls short of the amount that should have been paid.",
"name": "Failure to pay advance tax, etc.",
"related_acts": "",
"section_id": 265
},
{
"act_id": 672,
"details": "126. Where any person has, without reasonable cause, failed to comply with any notice issued under sections 79, 80 803under sub-section (1) or (2) of section 83, the Deputy Commissioner of Taxes may impose on him a penalty not exceeding the amount of tax chargeable on the total income of such person.",
"name": "Penalty for non-compliance with notice",
"related_acts": "",
"section_id": 266
},
{
"act_id": 672,
"details": "127. Where, in the course of any proceeding under this Ordinance, the Deputy Commissioner of Taxes is satisfied that any person has not paid tax as required by section 74, 804***, he may impose upon such person a penalty of a sum not exceeding twenty-five per cent of the whole of the tax or, as the case may be, of such portion of the tax as has not been paid.",
"name": "Failure to pay tax on the basis of return",
"related_acts": "",
"section_id": 267
},
{
"act_id": 672,
"details": "128. (1) Where, in the course of any proceeding under this Ordinance, the Deputy Commissioner of Taxes, the Appellate Joint Commissioner 805, the Commissioner (Appeals) or the Appellate Tribunal is satisfied that any person has, either in the said proceeding or in any earlier proceeding relating to an assessment in respect of the same income year,- (a) \tconcealed particulars of his income or furnished inaccurate particulars of such income; or (b) \tunderstated the value of any immovable property in connection with its sale or transfer with a view to evading tax, 806he or it shall impose upon such person a penalty of 807fifteen per cent of tax which would have been avoided had the income as returned by such person or, as the case may be, the value of the immovable property as stated by him been accepted as correct 808: 809Provided that if the concealment referred to in clause (a) and (b) of this sub-section or sub-section (2) is detected after a period of more than one year from the year in which the concealment was first assessable to tax, the amount of penalty shall increase by an additional 810fifteen per cent for each preceeding assessment year. (2) For the purpose of sub-section (1), concealment of particulars of income or furnishing of inaccurate particulars of income shall include,- (a) the suppression of any item of receipt liable to tax in whole or in part, or (b) \tshowing any expenditure not actually incurred or claiming any deduction therefore. (2A) Omitted by section 6 of অর্থ আইন, ১৯৯৯ (১৯৯৯ সনের ১৬ নং আইন). (3) Omitted by section 7 of অর্থ আইন, ১৯৯৩ (১৯৯৩ সনের ১৮ নং আইন).",
"name": "Penalty for concealment of income",
"related_acts": "831,777",
"section_id": 268
},
{
"act_id": 672,
"details": "129. Incorrect distribution of income by registered firm.- Omitted by section 6 of অর্থ আইন, ১৯৯৮ (১৯৯৮ সনের ১৪ নং আইন).",
"name": "Omitted",
"related_acts": "824",
"section_id": 269
},
{
"act_id": 672,
"details": "811129A. Penalty for incorrect or false audit report by chartered accountant. Where, in the course of any proceeding under this Ordinance, the Deputy Commissioner of Taxes, the Appellate Joint Commissioner, the Commissioner of Taxes (Appeals) or the Appellate Tribunal is satisfied beyond reasonable doubt that the audit report- 812(a) is not certified by a chartered accountant to the effect that the accounts are maintained and the statements are prepared and reported in accordance with the Bangladesh Accounting Standards (BAS) and the Bangladesh Financial Reporting Standards (BFRS), and are audited in accordance with the Bangladesh Standards on Auditing (BSA), or (b) is false or incorrect, he shall impose upon such chartered accountant a penalty of a sum not less than fifty thousand taka but not more than two lakh taka.",
"name": "Penalty for incorrect or false audit report by chartered accountant.",
"related_acts": "",
"section_id": 270
},
{
"act_id": 672,
"details": "813129B. Where, in the course of any proceeding under this Ordinance, the Deputy Commissioner of Taxes, the Appellate Joint Commissioner, the Commissioner (Appeals) or the Appellate Tribunal is satisfied beyond reasonable doubt that any audit report furnished by an assessee along with the return of income or thereafter for any income year is not signed by a chartered accountant or is believed to be false, such authority or the Tribunal, as the case may be, shall impose upon such assessee a penalty of a sum of one lakh taka for that income year.",
"name": "Penalty for furnishing fake audit report",
"related_acts": "",
"section_id": 271
},
{
"act_id": 672,
"details": "130. No order imposing a penalty under this Chapter 814or Chapter XIA shall be made on any person unless such person has been heard or has been given a reasonable opportunity of being heard.",
"name": "Bar to imposition of penalty without hearing",
"related_acts": "",
"section_id": 272
},
{
"act_id": 672,
"details": "131. The Deputy Commissioner of Taxes shall not impose any penalty under this Chapter without the previous approval of the Inspecting Joint Commissioner except in the cases referred to in section 124 815.",
"name": "Previous approval of Inspecting Joint Commissioner for imposing penalty",
"related_acts": "",
"section_id": 273
},
{
"act_id": 672,
"details": "131A. Previous approval of the Board for imposing penalty.- Omitted by section 4 of অর্থ আইন, ১৯৯৬ (১৯৯৬ সনের ১৮ নং আইন).",
"name": "Previous approval of the Board for imposing penalty",
"related_acts": "808",
"section_id": 274
},
{
"act_id": 672,
"details": "816132. The Appellate Tribunal or any income tax authority, not being the Deputy Commissioner of Taxes himself, making an order imposing any penalty under this Ordinance shall forthwith send a copy of the order to the Deputy Commissioner of Taxes, and thereupon all the provisions of this Ordinance relating to the recovery of penalty shall apply as if such order were made by the Deputy Commissioner of Taxes.",
"name": "Orders of penalty to be sent to Deputy Commissioner of Taxes",
"related_acts": "",
"section_id": 275
},
{
"act_id": 672,
"details": "133. The imposition on any person of any penalty under this Chapter shall be without prejudice to any other liability which such person may incur, or may have incurred, under this Ordinance or under any other law for the time being in force.",
"name": "Penalty to be without prejudice to other liability",
"related_acts": "",
"section_id": 276
},
{
"act_id": 672,
"details": "817133A. (1) Where a penalty imposed under this Chapter is directly related to the amount of income assessed under the provision of this Ordinance and the amount of income is revised subsequently by an order made under this Ordinance, the Deputy Commissioner of Taxes shall pass an order revising the order of penalty at the time of revising the income. (2) No order of enhancement of penalty shall be made unless the parties affected thereby have been given a reasonable opportunity of being heard. (3) Where, in the case mentioned in sub-section (1), an order of the revision of penalty is not issued despite the fact that the relevant assessment order has been revised, the parties affected can make an application to the Deputy Commissioner of Taxes requesting the revision of the amount of penalty and if no order has been made by within one hundred and eighty days from the receipt of such application, the amount of penalty shall be deemed to have been revised according to the revised amount of income and all the provisions of this Ordinance shall have effect accordingly.",
"name": "Revision of penalty based on the revised amount of income",
"related_acts": "",
"section_id": 277
},
{
"act_id": 672,
"details": "134. For the purposes of this Chapter, “tax” includes any sum imposed, levied or otherwise payable under this Ordinance as penalty, fine, interest 818, delay interest, additional amount,, fee or otherwise; and the provisions of this chapter shall accordingly apply to the recovery of any such sum.",
"name": "Tax to include penalty, interest, etc.",
"related_acts": "",
"section_id": 278
},
{
"act_id": 672,
"details": "135. (1) Where any tax is payable in consequence of any assessment made or any order passed under or in pursuance of this Ordinance, the Deputy Commissioner of Taxes shall serve upon the assessee (which expression includes any other person liable to pay such tax) a notice of demand in the prescribed form specifying therein the sum payable and the time within which, and the manner in which, it is payable, together with a copy of an assessment order. 819(1A) Where any amount of tax is refundable in consequence of any order, 820*** the Deputy Commissioner of Taxes shall specify in the notice referred to in sub-section (1) the sum refundable to the assessee together with a copy of an assessment order and a refund voucher unless such refund is set off against tax as per provision of section 152. 821(1B) The Deputy Commissioner of Taxes shall not set off without giving the assessee an opportunity of being heard and in that case refund voucher for the amount due for refund, if any, shall be issued within a period not exceeding thirty days from the date of assessment. (1C) Where the Deputy Commissioner of Taxes fails to issue refund voucher for any refund due to an assessee within the time specified in this section, such failure on the part of the Deputy Commissioner of Taxes shall be construed as misconduct. (2) Where the assessee upon whom a notice of demand has been issued under sub-section (1) makes an application in this behalf before the expiry of the date of payment specified in the notice, the Deputy Commissioner of Taxes may extend the time for payment or allow payment by instalments subject to such conditions, including payment of interest on the amount payable, as he may think fit in the circumstances of the case. (3) If the sum payable is not paid within the time specified in the notice of demand issued under sub-section (1) or, as the case may be, within the time as extended under sub-section (2), the assessee shall be deemed to be in default: Provided that where the assessee has presented an appeal under this Ordinance in respect of the assessment of imposition of the tax or of the amount thereof, 822the Deputy Commissioner of Taxes shall treat the assessee as not being in default for so long as such appeal is not disposed of. (4) If, in a case where payment by instalment has been allowed under sub-section (2), the assessee commits default in paying any one of the instalments within the time fixed therefore, the assessee shall be deemed to be in default as to the whole of the amount then outstanding, and the other instalment or instalments shall be deemed to have been due on the same date as the instalment in respect of which default has actually been committed was due for payment. (5) Where an assessee has been assessed in respect of income arising outside Bangladesh in a country the laws of which prohibit or restrict the remittance of money to Bangladesh, the Deputy Commissioner of Taxes shall not treat the assessee as in default in respect of that part of the tax which is due in respect of such amount of income as cannot, by reason of the prohibition or restriction, be brought into Bangladesh, and shall continue to treat the assessee as not in default in respect of such part of the tax until the prohibition or restriction is removed. Explanation.-For the purposes of this section, income shall be deemed to have been brought into Bangladesh if it has been or could have been utilized for the purposes of any expenditure actually incurred by the assessee outside Bangladesh or if the income, whether capitalized or not, has been brought into Bangladesh in any form.",
"name": "Notice of demand",
"related_acts": "",
"section_id": 279
},
{
"act_id": 672,
"details": "136. Simple interest on delayed payment.- Omitted by section 5 of অর্থ আইন, ১৯৯৭ (১৯৯৭ সনের ১৫ নং আইন).",
"name": "Omitted",
"related_acts": "815",
"section_id": 280
},
{
"act_id": 672,
"details": "137. (1) Where an assessee is in default or is deemed to be in default in making payment of tax, the Deputy Commissioner of Taxes may direct that, in addition to the amount of tax in arrears, a sum not exceeding that amount shall be recovered from the assessee by way of penalty. (2) Where, as a result of any final order, the amount of tax, with respect to the default in the payment of which the penalty was levied, has been wholly reduced, the penalty levied shall be cancelled and the amount of penalty paid shall be refunded.",
"name": "Penalty for default in payment of tax",
"related_acts": "",
"section_id": 281
},
{
"act_id": 672,
"details": "138. (1) When an assessee is in default or is deemed to be in default in making payment of tax, the Deputy Commissioner of Taxes may forward to the Tax Recovery Officer a certificate for recovery of the tax, under his signature specifying the amount of arrears due from the assessee; and such certificate may be issued notwithstanding that proceedings for recovery of the arrears by any other mode have been taken. (2) A certificate under sub-section (1) may be forwarded to- (a) \tthe Tax Recovery Officer within whose jurisdiction the assessee carried on his business or profession or the principal place of business or profession of the assessee is situate; or (b) \tthe Tax Recovery Officer within whose jurisdiction the assessee resides or any movable or immovable property of the assessee is situate; or (c) \tthe Tax Recovery Officer who has jurisdiction in relation to the assessee whose income is assessable by the Deputy Commissioner of Taxes forwarding the certificate.",
"name": "Certificate for recovery of tax",
"related_acts": "",
"section_id": 282
},
{
"act_id": 672,
"details": "139. (1) Upon receipt of a certificate forwarded to him under section 138, the Tax Recovery Officer shall, notwithstanding anything contained in any other law for the time being in force, proceed, in accordance with the rules made in this behalf by the Board, to recover from the assessee the amount specified in the certificate by one or more of the following modes, namely:- (a) \tattachment and sale, or sale without attachment, of any movable or immovable property of the assessee; (b) \tarrest of the assessee and his detention in prison; (c) \tappointment of a receiver for the management of the movable and immovable properties of the assessee. 823(2) While recovering under sub-section (1) the amount specified in the certificate forwarded to him, the Tax Recovery Officer may also recover in the same manner from the assessee in default, in addition to such amount, any cost and charges, including expenses on the service of any notice or warrant, incurred in the proceedings for the recovery of the tax in arrears. (a) \tthe interest for which the assessee is liable under section 136; and (b) \tany cost and charges, including expenses on the service of any notice or warrant, incurred in the proceedings for the recovery of the tax in arrears. (3) If the Tax Recovery Officer to whom a certificate is forwarded under section 138 is not able to recover the entire amount by the sale of movable and immovable properties of the assessee within his jurisdiction, but has information that the assessee has property within the jurisdiction of another Tax Recovery Officer, he may send the certificate to such other Tax Recovery Officer or to the Tax Recovery Officer within whose jurisdiction the assessee resides; and the Tax Recovery Officer to whom the certificate has been so sent shall proceed to recover under this Chapter the amount remaining un-recovered as if the certificate was forwarded to him by the Deputy Commissioner of Taxes.",
"name": "Method of recovery by Tax Recovery Officer",
"related_acts": "",
"section_id": 283
},
{
"act_id": 672,
"details": "140. (1) Notwithstanding the issue of a certificate for recovery under section 138, the Deputy Commissioner of Taxes shall have power to withdraw, or correct any clerical or arithmetical error in the certificate by sending an intimation to that effect to the Tax Recovery Officer. (2) Where the order giving rise to a demand of tax for which a certificate for recovery has been issued has been modified in appeal or other proceedings under this Ordinance and, as a consequence thereof, the demand is reduced but the order is the subject-matter of further proceedings under this Ordinance, the Deputy Commissioner of Taxes shall stay the recovery of such part of the amount of the certificate as pertains to the said reduction for the period for which the appeal or other proceedings remain pending. (3) Where a certificate for recovery has been issued and subsequently the amount of outstanding demand is reduced as a result of appeal or other proceedings under this Ordinance, the Deputy Commissioner of Taxes shall, when the order, which was the subject-matter of such appeal or other proceeding, has become final and conclusive, amend the certificate or withdraw it, as the case may be. (4) The Deputy Commissioner of Taxes shall communicate to the Tax Recovery Officer any orders of cancellation, correction, stay of proceeding, withdrawal or amendment, as the case may be, of a certificate for recovery.",
"name": "Power of withdrawal of certificate and stay of proceeding",
"related_acts": "",
"section_id": 284
},
{
"act_id": 672,
"details": "141. When the Deputy Commissioner of Taxes forwards a certificate for recovery under section 138 to a Tax Recovery Officer, it shall not be open to the assessee to dispute before the Tax Recovery Officer the correctness of the assessment; and the Tax Recovery Officer shall not entertain any objection to the certificate on any ground whatsoever.",
"name": "Validity of certificate for recovery not open to dispute",
"related_acts": "",
"section_id": 285
},
{
"act_id": 672,
"details": "142. (1) The Deputy Commissioner of Taxes may forward to the Collector of the District in which the office of the Deputy Commissioner of Taxes is situate or the district in which the assessee resides or owns property or carries on business or profession, a certificate under his signature specifying the amount of arrears due from an assessee, and the Collector, on receipts of such certificate shall proceed to recover, from such assessee the amount specified therein as if it were an arrear of land revenue. (2) Without prejudice to any other powers which the Collector of District may have in this behalf, he shall, for the purposes of recovery of the amount specified in the certificate for recovery forwarded to him under sub-section (1), have the powers which a Civil Court has under the Code of Civil Procedure, 1908 (Act V of 1908), for the purposes of recovery of an amount due under a decree. (3) The Deputy Commissioner of Taxes may, at any time, recall from the Collector of District a certificate forwarded to him under sub-section (1) and upon such recall, all proceeding commenced in pursuance of the certificate shall abate: Provided that the recall of a certificate shall not affect any recoveries made by the Collector before the recall as if the certificate had not, to the extent of such recovery, been recalled; nor shall the recall of a certificate issued at any time prevent the recovery, by issue of a fresh certificate, of any amount which was recoverable at the time the certificate so recalled was issued.",
"name": "Recovery of tax through Collector of District",
"related_acts": "86",
"section_id": 286
},
{
"act_id": 672,
"details": "824142A. (1) Without prejudice to the provisions of section 142, the Deputy Commissioner of Taxes may forward to a Magistrate of the First Class, specially empowered in this 825* * * behalf by the Government, hereinafter referred to as the Special Magistrate, in whose territorial jurisdiction the office of the Deputy Commissioner of Taxes is situate, or the assessee resides, or owns property or carries on business or profession, a certificate under his signature specifying the amount of arrears due from the assessee, and the Special Magistrate shall, on receipt of such certificate, proceed to recover from the assessee the amount specified therein as if it were an arrear of land revenue and the Special Magistrate were a Collector of District. (2) Without prejudice to any other powers of a Collector of District which the Special Magistrate may have in this behalf, he shall, for the purposes of recovery of the amount specified in the certificate for recovery forwarded to him under sub-section (1), have the powers which a Civil Court has under the Code of Civil Procedure, 1908 (Act V of 1908), for the purpose of recovery of an amount due under a decree. (3) The Deputy Commissioner of Taxes may, at any time, recall from the Special Magistrate a certificate forwarded to him under sub-section (1) and upon such recall, all proceedings commenced in pursuance of the certificate shall abate: Provided that the recall of a certificate shall not affect any recoveries made by the Special Magistrate before the recall as if the certificate had not, to the extent of such recovery, been recalled; nor shall the recall of a certificate issued at any time prevent the recovery, by issue of a fresh certificate of any amount which was recoverable at the time the certificate so recalled was issued.",
"name": "Recovery of tax through Special Magistrates",
"related_acts": "86",
"section_id": 287
},
{
"act_id": 672,
"details": "143. (1) Notwithstanding the issue of a certificate for recovery of tax under section 138 or section 142, the Deputy Commissioner of Taxes may also recover the tax in the manner provided 826in sub-section (1A) or (2). 827(1A) For the purpose of recovery of tax payable by an assessee which is not disputed in appeal to any appellate forum, the Deputy Commissioner of Taxes may, with the previous approval of the Commissioner, after giving the assessee an opportunity of being heard, stop movement of any goods and services from the business premises of such assessee and also shutdown such business premises till the recovery of the tax referred to above or any satisfactory arrangement has been made for the recovery of such tax. (2) For the purposes of recovery of any tax payable by an assessee, the Deputy Commissioner of Taxes may, by notice in writing, require any person.- 828“(a) from whom any money or goods is due or may become due to the assessee, or who holds, or controls the receipt or disposal of, or may subsequently hold, or control the receipt or disposal of, any money or goods belonging to, or on account of, the assessee, to – (i) pay to the Deputy Commissioner of Taxes the sum specified in the notice on or before the date specified therein for such payment; or (ii) stop the transfer of that goods to the assessee or the placement of that goods under the disposal of the assesse until the amount of tax mentioned in the notice has been paid or a satisfactory arrangement has been made with the Deputy Commissioner of Taxes for payment of such tax; or (b) Who is responsible for payment of any sum to the assessee classifiable as income of the assessee under the head “Salaries”, to deduct from any payment subsequent to the date of the notice, any arrear of tax due from the assessee, and to pay the sum so deducted to the credit of the Government 829; 830(c) who is responsible for supplying gas, electricity, water or any other services to disconnect or discontinue such supply within twenty one days from the date of receipt of such notice. (3) A person who has paid any sum as required by sub-section (2) (a) shall be deemed to have paid such sum under the authority of the assessee and the receipt by the Deputy Commissioner of Taxes shall constitute a good and sufficient discharge of the liability of such person to the assessee to the extent of the sum specified in the receipt. (4) A person who has deducted any sum as required by sub-section (2) (b) shall be deemed to have deducted the tax under section 50 and the relevant provisions of Chapter VII shall apply accordingly. (5) If the person to whom a notice under sub-section (2) is sent fails to make payment or to make deductions in pursuance of the notice, he shall be deemed to be an assessee in default in respect of the amount specified in the notice and proceedings may be taken against him for realisation of the amount as if it were an arrear of tax due from him; and the provisions of this Chapter shall apply accordingly. (6) The Deputy Commissioner of Taxes may at any time amend or revoke any notice issued under sub-section (2) or extend the time for making any payment in pursuance of such notice. (7) In any area with respect to which the Commissioner has directed that any arrears may be recovered by any process enforceable for the recovery of an arrear of any municipal tax or local rate imposed under any enactment for the time being in force in any part of Bangladesh, the Deputy Commissioner of Taxes may proceed to recover the amount due by such process. (8) The Commissioner may direct by what authority any powers or duties incident under any such enactment as aforesaid to the enforcement of any process for the recovery of a municipal tax or local rate shall be exercised or performed when that process is employed under sub-section (7). Explanation.-For the removal of doubts it is hereby clarified that the several modes of recovery specified in this Chapter are neither mutually exclusive nor affect in any way any other law for the time being in force relating to the recovery of debts due to Government, and it shall be lawful for the Deputy Commissioner of Taxes, if for any special reasons to be recorded by him, to have recourse to any such mode of recovery notwithstanding that the tax due is being recovered from an assessee by any other mode.",
"name": "Other modes of recovery",
"related_acts": "",
"section_id": 288
},
{
"act_id": 672,
"details": "144. (1) The Government may enter into an agreement with the Government of any other country for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income leviable under this Ordinance and under the corresponding law in force in that country, and may, by notification in the official Gazette, make such provisions as may be necessary for implementing the agreement. (2) Where any such agreement as is referred to in sub-section (1) is made with the Government of any country, the agreement and the provisions made for implementing it shall, notwithstanding anything contained in any other law for the time being in force, have effect in so far as they provide for- (a) \trelief from the tax payable under this Ordinance; (b) \tdetermining the income accruing or arising, or deemed to be accruing or arising, to non-residents from sources within Bangladesh; (c) \twhere all the operations of business or profession are not carried on within Bangladesh, determining the income attributable to operations carried on within or outside Bangladesh, or the income chargeable to tax in Bangladesh in the hands of non-residents, including their agencies, branches or establishments in Bangladesh; (d) \tdetermining the income to be attributable to any person resident in Bangladesh having any special relationship with a non-resident; (e) \trecovery of tax leviable under this Ordinance and under the corresponding law in force in that country; or (f) \texchange of information for the prevention of fiscal evasion or avoidance of tax on income chargeable under this Ordinance and under the corresponding law in force in that country. (3) Any agreement made in pursuance of sub-section (1) may include provisions for relief from tax for any period before the commencement of this Ordinance or before the making of the agreement and provisions as to incomes which are not themselves subject to double taxation. (4) The provisions of the Seventh Schedule shall have effect where an agreement under this section provides that the tax payable under the laws of the country concerned shall be allowed as a credit against the tax payable in Bangladesh.",
"name": "Agreement to avoid double taxation",
"related_acts": "",
"section_id": 289
},
{
"act_id": 672,
"details": "145. If any person who is resident in Bangladesh in any year proves to the satisfaction of the Deputy Commissioner of Taxes that, in respect of any income which has accrued or\tarisen to him during that year outside Bangladesh, he has paid tax, by deduction or otherwise, in any country with which there is no reciprocal arrangement for relief or avoidance of double taxation, the Deputy Commissioner of Taxes may, subject to such rules as the Board may make in this behalf, deduct from the tax payable by him under this Ordinance a sum equal to the tax calculated on such doubly taxed income at the average rate of tax of Bangladesh or the average rate of tax of the said country, whichever is the lower. Explanation.-The expression “average rate of tax” means the rate arrived at by dividing the amount of tax calculated on the total income by such income.",
"name": "Relief in respect of income arising outside Bangladesh",
"related_acts": "",
"section_id": 290
},
{
"act_id": 672,
"details": "146. (1) A person, who satisfies the Deputy Commissioner of Taxes or other authority appointed by the Government in this behalf that the amount of tax paid by him or on his behalf, or treated as paid by him or on his behalf, for any year exceeds the amount with which he is properly chargeable under this Ordinance for that year, shall be entitled to a refund of any such excess. (2) Where the income of the person is included under any provision of this Ordinance in the total income of any other person, such other person alone shall be entitled to a refund under this Chapter in respect of such income.",
"name": "Entitlement to refund",
"related_acts": "",
"section_id": 291
},
{
"act_id": 672,
"details": "147. Where through death incapacity, insolvency, liquidation or other cause, a person, is unable to claim or receive any refund due to him, his legal representative, or the trustee, guardian or receiver, as the case may be, shall be entitled to claim or receive such refund for the benefit of such person or his estate.",
"name": "Claim of refund for deceased or disabled persons",
"related_acts": "",
"section_id": 292
},
{
"act_id": 672,
"details": "148. In any claim for refund under this Chapter, it shall not be open to the claimant to question the correctness or validity of any assessment or other matter which has become final and conclusive or to ask for a review of the same, and the claimant shall not be entitled to any relief on any such issue raised except refund of the tax paid in excess.",
"name": "Correctness of assessment, etc., not to be questioned",
"related_acts": "",
"section_id": 293
},
{
"act_id": 672,
"details": "149. Where, as a result of any order passed in appeal or other proceeding under this Ordinance, refund of any amount becomes due to an assessee, the Deputy Commissioner of Taxes shall, 831 refund the amount, unless set off against tax or treated as payment of tax as per provisions of section 152, to 832the assessee, 833within sixty days from the date on which the refund has become due without his having to make any claim in that behalf.",
"name": "Refund on the basis of orders in appeal",
"related_acts": "",
"section_id": 294
},
{
"act_id": 672,
"details": "150. (1) Every claim for refund 834 under sections 146 and 147 shall be made in such form and verified in such manner as may be prescribed. (2) Omitted by section 60 of অর্থ আইন, ২০০২ (২০০২ সনের ১৪ নং আইন).",
"name": "Form of claim and limitation",
"related_acts": "891",
"section_id": 295
},
{
"act_id": 672,
"details": "151. Where a refund due to an assessee is not paid within two months of the date of the 835* * * 836claim for refund or refund becoming due consequent upon any order passed in appeal or other proceeding under this Ordinance interest at the rate of 837seven and a half per cent per annum shall be payable to the assessee on the amount of refund from the month following the said two months to the date of issue of the refund.",
"name": "Interest on delayed refund",
"related_acts": "",
"section_id": 296
},
{
"act_id": 672,
"details": "152. Where, under the provisions of this Ordinance, the Income-tax Act, 1922 (XI of 1922), the Gift-tax Act, 1963 (XIV of 1963), or the Wealth-tax Act, 1963 (XV of 1963), any refund or repayment is found to be due to any person, the amount to be refunded or repaid or any part thereof may be set off against the tax, payable by that person under this Ordinance 838or treated, at the option in writing of that person, as payment of tax payable under section 64 or section 74 thereof.",
"name": "Adjustment of refund against tax",
"related_acts": "",
"section_id": 297
},
{
"act_id": 672,
"details": "152A, 152B, 152C, 152D and 152E Omitted by section 61 of the Finance Act, 2002 (Act No. XIV of 2000)",
"name": "Omitted",
"related_acts": "",
"section_id": 298
},
{
"act_id": 672,
"details": "152F.(1) Notwithstanding anything contained in Chapter XIX any dispute of an assessee lying with any income tax authority, Taxes Appellate Tribunal or Court may be resolved through Alternative Dispute Resolution (hereinafter referred to as ADR) in the manner described in the following sections of this Chapter and rules made thereunder. (2) Board may, by notification in the official Gazette, specify the class or classes of assessees eligible for ADR or extend the area or areas in which these provisions may be applied.",
"name": "Alternative Dispute Resolution.",
"related_acts": "",
"section_id": 299
},
{
"act_id": 672,
"details": "152G.The ADR as mentioned in this Chapter shall come into force on such date and in such class or classes of assessees as the Board may determine by notification in the official Gazette.",
"name": "Commencement of ADR.",
"related_acts": "",
"section_id": 300
},
{
"act_id": 672,
"details": "152H.For the purposes of this Chapter, unless the context otherwise requires- (a) \"authorised representative\" means an authorised representative mentioned in sub-section (2) of section 174; (b) \"bench\" means bench of Taxes Appellate Tribunal; (c) \"Commissioner's Representative\" means an officer or officers nominated by the Commissioner of Taxes from among the income tax authorities under section 3 to represent in the Alternative Dispute Resolution process under this Chapter; (d) \"court\" means the Supreme Court; (e) \"dispute\" means an objection of an assessee regarding- (i) assessment of income above the income declared by him in his return of income for the relevant year, or (ii) order of an appellate authority under chapter XIX which results in assessment of income which is above the declared amount in his return of income;",
"name": "Definition",
"related_acts": "",
"section_id": 301
},
{
"act_id": 672,
"details": "840152II. Where an assessee has filed an application for ADR for any income year and for the same income year, the Deputy Commissioner of Taxes has filed an appeal before the Appellate Tribunal or the Commissioner has made a reference before the High Court Division and no decision has been made in that respect by the Appellate Tribunal or High Court Division as the case may be, the proceeding of such appeal or reference shall remain stayed till disposal of the application for ADR.",
"name": "Stay of proceeding in case of pending appeal or reference at Appellate Tribunal or High Court Division.",
"related_acts": "",
"section_id": 302
},
{
"act_id": 672,
"details": "152I.(1) Notwithstanding anything contained in Chapter XIX an assessee, if aggrieved by an order of an income tax authority, may apply for resolution of the dispute through the ADR process. (2) An assessee may apply for ADR of a dispute which is pending before any incometax authority, tribunal or court 841; 842Provided that where any dispute has already been filed in the form of Writ petition shall not be a subject of ADR. (3) All cases dealt with under sub-section (2) are subject to permission of the concerned income tax authority 843, tribunal or the court, as the case may be: Provided that after obtaining such permission from the income tax authority, Tribunal or the court and upon granting of such permission, the matter shall remain stayed during the ADR negotiation process. (4) The application shall be submitted in such form, within such time, accompanied with such fees and verified in such manner as may be prescribed. (5) The application is to be submitted to the respective Appellate Joint Commissioner of Taxes or Appellate Additional Commissioner of Taxes or Commissioner of Taxes (Appeals) or Taxes Appellate Tribunal, as the case may be. 844(5A) The application may also be filed in such electronic, computer readable or machine readable form and in such manner as may be specified by the Board by order in writing. (6) In the case of a dispute pending before either Division of the Supreme Court, the assessee shall obtain the permission of the court prior to filing an application under sub-section (2), by filing an application before the court which, upon such an application being made before it, may pass an order allowing the matter to proceed to ADR, or otherwise as it deems fit.",
"name": "Application for alternative resolution of disputes.",
"related_acts": "",
"section_id": 303
},
{
"act_id": 672,
"details": "845152J. An assessee shall not be eligible for application to ADR if he fails to pay tax payable under section 74 where the return of income for the relevant year or years has been submitted.",
"name": "Eligibility for application for ADR",
"related_acts": "",
"section_id": 304
},
{
"act_id": 672,
"details": "152K. For the purposes of resolving a dispute in an alternative way, the Board may select or appoint Facilitator and determine his 846fees, duties and responsibilities by rules.",
"name": "Appointment of Facilitator and his duties and responsibilities.",
"related_acts": "",
"section_id": 305
},
{
"act_id": 672,
"details": "152L.(1) Subject to subsection (2), the assessee applying for ADR shall be allowed to negotiate himself personally or alongwith an authorized representative, with the Commissioner's Representative for the concerned dispute under the facilitation and supervision of the Facilitator. (2) The Facilitator may exempt the applicant-assessee from personally attending the negotiation process and may be allowed to represent himself by an authorised representative, if he has sufficient reasons for his absence. (3) While submitting an application for ADR, the applicantassessee shall submit all related papers and documents, disclose all issues of law and facts. (4) The applicant-assessee shall be cooperative, interactive, fair and bonafide while negotiating for resolution. (5) If the applicant-assessee makes any untrue declaration, submits any false document and obtains an order or assessment on that basis, the order or assessment shall be set aside, if so detected, and appropriate legal action be initiated against him. (6) The applicant-assessee shall be liable to pay any taxes, if due as a result of negotiation with the time frame as decided in the ADR.",
"name": "Rights and duties of the assessee for ADR.",
"related_acts": "",
"section_id": 306
},
{
"act_id": 672,
"details": "152M. (1) The respective Commissioner of Taxes may nominate any income tax authority subordinate to him, not below the rank of Deputy Commissioner of Taxes to represent him in the negotiation process of the ADR. (2) The representative so nominated under sub-section (1) shall attend the meeting(s) of ADR negotiation process and sign the agreement of such negotiation process, where an agreement is reached.",
"name": "Nomination and responsibility of the Commissioner's Representative in ADR.",
"related_acts": "",
"section_id": 307
},
{
"act_id": 672,
"details": "152N.(1) Upon receiving the application of ADR, the Facilitator shall forward a copy of the application to the respective Deputy Commissioner of Taxes and also call for his opinion on the grounds of the application and also whether the conditions referred to in sections 152I and 152J have been complied with. (2) If the Deputy Commissioner of Taxes fails to give his opinion regarding fulfillment of the conditions within 847five working days from receiving the copy mentioned in clause (c) of sub-section (3), the Facilitator may deem that the conditions thereto have been fulfilled. (3) The Facilitator may- (a) notify in writing the applicant and the Commissioner of Taxes or the Commissioner's Representative to attend the meetings for settlement of disputes on a date mentioned in the notice; (b) if he considers it necessary to do so, adjourn the meeting from time to time; (c) call for records or evidences from the Deputy Commissioner of Taxes or from the applicant before or at the meeting, with a view to settle the dispute; and (d) before disposing of the application, cause to make such enquiry by any incometax authority as he thinks fit. (4) The Facilitator will assist the applicant-assessee and the Commissioner's Representative to agree on resolving the dispute or disputes through consultations and meetings.",
"name": "Procedures of disposal by the Alternative Dispute Resolution.",
"related_acts": "",
"section_id": 308
},
{
"act_id": 672,
"details": "152P. (1) Notwithstanding anything contained in any provision of this Ordinance, where an agreement is reached, under sub-section (9) of section 152O, it shall be binding on both the parties and it cannot be challenged in any authority, Tribunal or court either by the assessee or any other income tax authority. (2) Every agreement, concluded under section 152O shall be conclusive as to the matters stated therein and no matter covered by such agreement shall, save as otherwise provided in this Ordinance, be reopened in any proceeding under this Ordinance.",
"name": "Effect of agreement.",
"related_acts": "",
"section_id": 309
},
{
"act_id": 672,
"details": "152S. No civil or criminal action shall lie against any person involved in the ADR process before any court, tribunal or authority for any action taken or agreement reached in good faith.",
"name": "Bar on suit or prosecution.",
"related_acts": "",
"section_id": 310
},
{
"act_id": 672,
"details": "152O. (1) A dispute, which is subject to this Ordinance, may be resolved by an Agreement either wholly or in part where both the parties of the dispute accept the points for determination of the facts or laws applicable in the dispute. (2) Where an agreement is reached, either wholly or in part, between the assessee and the Commissioner's Representative, the Facilitator shall record, in writing, the details of the agreement in the manner as may be prescribed. (3) The recording of every such agreement shall describe the terms of the agreement including any tax payable or refundable and any other necessary and appropriate matter, and the manner in which any sums due under the agreement shall be paid and such other matters as the Facilitator may think fit to make the agreement effective. (4) The agreement shall be void if it is subsequently found that it has been concluded by fraud or misrepresentation of facts. (5) The agreement shall be signed by the assessee and the Commissioner's Representative and the facilitator. (6) Where no agreement, whether wholly or in part, is reached or the dispute resolution is ended in disagreement between the applicantassessee and the concerned Commissioner's Representative for noncooperation of either of the parties, the Facilitator shall communicate it, in writing recording reasons thereof, within fifteen days from the date of disagreement, to the applicant and the Board, the concerned court, Tribunal, appellate authority and income tax authority, as the case may be, about such unsuccessful dispute resolution. (7) Where the agreement is reached, recorded and signed accordingly containing time and mode of payment of payable dues or refund, as the case may be, the Facilitator shall communicate the same to the assessee and the concerned Deputy Commissioner of Taxes for compliance with the agreement as per provisions of this Ordinance. (8) No agreement shall be deemed have been reached if the Facilitator fails to make an agreement within 848three months from the end of the month in which the application is filed. (9) Where there is a successful agreement, the Facilitator shall communicate the copy of the agreement to all the parties mentioned in sub-section (6) within fifteen days from the date on which the Facilitator and the parties have signed the agreement.",
"name": "Decision of the ADR.",
"related_acts": "",
"section_id": 311
},
{
"act_id": 672,
"details": "152Q.(1) Notwithstanding anything contained in any provision of this Ordinance, where an agreement is not reached under this Chapter, wholly or in part, the assessee may prefer an appeal- (a) to the Appellate Joint Commissioner of Taxes or Appellate Additional Commissioner of Taxes or Commissioner of Taxes (Appeals), as the case may be, where the dispute arises out of an order of a Deputy Commissioner of Taxes; (b) to the Taxes Appellate Tribunal where the dispute arises out of an order of the Appellate Joint Commissioner of Taxes or Appellate Additional Commissioner of Taxes or Commissioner of Taxes (Appeals), as the case may be; and (c) to the respective appellate authority or court from where the assessee-applicant has got permission to apply for ADR. (2) In computing the period of limitations for filing appeal, the time elapsed between the filing of the application and the decision or order of the ADR shall be excluded. 849 Explanation.- For the purpose of this section, “prefer an appeal” means the revival of the appeal with an intimation in writing to the respective appellate authority.",
"name": "Limitation for appeal where agreement is not concluded.",
"related_acts": "",
"section_id": 312
},
{
"act_id": 672,
"details": "152R.(1) The Board may monitor the progress of disposal of the application for ADR in the manner as may be prescribed and ensure necessary support and coordination services. (2) Copies of all agreement or matter of disagreement shall be sent by the Facilitator to the respective Commissioner and Board for verification and ascertainment of whether the agreement is legally and factually correct. (3) After receiving the copy of agreement or matter of disagreement, if it appears to the Board that the alleged agreement is obtained by fraud, misrepresentation or concealment of fact causing loss of revenue, then such agreement shall be treated as void and the matter shall be communicated to the concerned authorities, Tribunal or court for taking necessary action.",
"name": "Post verification of the agreement.",
"related_acts": "",
"section_id": 313
},
{
"act_id": 672,
"details": "850153. (1) Any person aggrieved by order of an income tax authority regarding the following matters may appeal to the respective appellate income-tax authority- (i) assessment of income; (ii) computation of tax liability or refund; (iii) set off or carry forward of loss; (iv) imposition of any penalty or interest; (v) charge and computation of surcharge or any other sum; (vi) credit of tax; and (vii) payment of a refund. (2) Subject to sub-section (3), an appeal in the following cases shall be made only to the Commissioner of Taxes (Appeals)- (i) appeal by a company; (ii) appeal against an order under section 120; (iii) appeal against an order of adjustment or penalty involving international transactions as defined in 107A; (iv) appeal against an order, in matters mentioned in sub-section (1), made by an income tax authority in the rank of a Joint Commissioner of Taxes or above. (3) The Board may- (i) assign any appeal to any appellate income-tax authority; (ii) transfer an appeal from one appellate income-tax authority to another appellate income-tax authority. (4) No appeal shall lie in respect of an income which is computed as a share of the taxed income. (5) No appeal shall lie against any order of assessment in the following cases- (i) Where the return of income was filed if tax under section 74 has not been paid (ii) Where no return of income was filed if at least ten per cent of the tax as determined by the Deputy Commissioner of Taxes has not been paid: Provided that where the tax on the basis of return has been paid by the appellant before filing the appeal and the appellate income-tax authority is convinced that the appellant was barred by sufficient reason from paying the tax before filing the return, it may allow the appeal for hearing. Explanation.- In this section, appellate income-tax authority means the Commissioner of Taxes (Appeals) or the Appellate Joint Commissioner of Taxes, as the case may be.",
"name": "Appeal to appellate income tax authority",
"related_acts": "",
"section_id": 314
},
{
"act_id": 672,
"details": "154. (1) Every appeal under section 153 shall be drawn up in such form and verified in such manner as may be prescribed and shall be accompanied by a fee of 851two hundred taka. 852(1A) The Board may, by notification in the official Gazette,- (a) specify 853the cases in which the appeal shall be filed electronically or in any other machine readable or computer readable media; (b) specify the form and manner in which such appeal shall be filed. (2) Subject to sub-section (3), an appeal shall be presented within 854forty five days,- (a) \tif it relates to any assessment or penalty, from the date of service of the notice of demand relating to the assessment or penalty, as the case may be; and (b) \tin any other case, from the date on which the intimation of the order to be appealed against is served. (3) The Appellate Joint Commissioner 855or the Commissioner (Appeals), as the case may be, may admit an appeal after the expiration of the period of limitation specified in sub-section (2) if he is satisfied that the appellant was prevented by sufficient cause from presenting the appeal within that period.",
"name": "Form of appeal and limitation",
"related_acts": "",
"section_id": 315
},
{
"act_id": 672,
"details": "155. (1) The Appellate Joint Commissioner 857or the Commissioner (Appeals) shall fix a day and place for the hearing of the appeal and give notice thereof to the appellant and the Deputy Commissioner of Taxes against whose order the appeal has been preferred. (2) The appellant and the Deputy Commissioner of Taxes shall have the right to be heard at the hearing of the appeal either in person or by a representative. (3) The Appellate Joint Commissioner 858or the Commissioner (Appeals) may, if he considers it necessary to do so, adjourn the hearing of the appeal from time to time. (4) The Appellate Joint Commissioner 859or the Commissioner (Appeals) may, before or at the hearing of an appeal, allow the appellant to go into any ground of appeal not earlier specified in the grounds of appeal already filed if he is satisfied that the commission of that ground from the form of appeal was not wilful or unreasonable. (5) The Appellate Joint Commissioner 860or the Commissioner (Appeals) may, before or at the hearing of an appeal, make such enquiry as he thinks fit or call for such particulars as he may require respecting the matters arising in appeals or cause further enquiry to be made by the Deputy Commissioner of Taxes. (6) While hearing an appeal the Appellate Joint Commissioner 861or the Commissioner (Appeals) shall not admit any documentary material or evidence which was not produced before the Deputy Commissioner of Taxes unless he is satisfied that the appellant was prevented by sufficient cause from producing such material or evidence before the Deputy Commissioner of Taxes.",
"name": "Procedure in appeal before the Appellate Joint Commissioner or the Commission (Appeals)",
"related_acts": "",
"section_id": 316
},
{
"act_id": 672,
"details": "156. (1) In disposing of an appeal, the Appellate Joint Commissioner 863or the Commissioner (Appeals) may- (a) \tin the case of an order of assessment, confirm, reduce, enhance, set aside or annual the assessment; (b) \tin the case of an order imposing a penalty, confirm, set aside or cancel such order or vary it so as either to enhance or to reduce the penalty; and (c) \tin any other case, pass such order as he thinks fit 864: Provided that an order of assessment or penalty shall not be set aside except in a case where the Appellate Joint Commissioner or the Commissioner (Appeals) is satisfied that a notice on the assessee has not been served in accordance with the provisions of section 178. (2) The Appellate Joint Commissioner 865or the Commissioner (Appeals) shall not enhance as assessment or a penalty or reduce the amount of refund unless the appellant has been given a reasonable opportunity of showing cause against such enhancement or reduction. (3) The order of the Appellate Joint Commissioner 866or the Commissioner (Appeals) disposing of an appeal shall be in writing and shall state the points for determination, the decision thereon and the reasons for the decision. (4) Where, as a result of an appeal, any charge is made in the assessment of a firm or an association of persons, the Appellate Joint Commissioner 867or the Commissioner (Appeals) may direct the Deputy Commissioner of Taxes to amend accordingly any assessment made on any partner of the firm or any member of the association. (5) On the disposal of an appeal, the Appellate Joint Commissioner 868or the Commissioner (Appeals) shall communicate the order passed by him to the appellant, the Deputy Commissioner of Taxes and the Commissioner 869within 870thirty days of the passing of such order. (6) Notwithstanding anything contained in this Ordinance, an appeal to the Appellate Joint Commissioner or the Commissioner (Appeals) shall be deemed to have been allowed if the Appellate Joint Commissioner 871or the Commissioner (Appeals) fails to make an order thereon within 872one hundred and fifty days from the end of the month on which the appeal was filed.",
"name": "Decision in appeal by the Appellate Joint Commissioner or the Commission (Appeals)",
"related_acts": "",
"section_id": 317
},
{
"act_id": 672,
"details": "157. Any person aggrieved by an order of the Tax Recovery Officer under section 139 may, within thirty days from the date of service of the order, appeal to the Inspecting Joint Commissioner to whom the Tax Recovery Officer is subordinate, and the decision of the Inspecting Joint Commissioner on such appeal shall be final.",
"name": "Appeal against order of Tax Recovery Officer",
"related_acts": "",
"section_id": 318
},
{
"act_id": 672,
"details": "158. (1) An assessee may appeal to the Appellate Tribunal if he is aggrieved by an order of- (a) an Appellate Joint Commissioner 873or the Commissioner (Appeals), as the case may be, under section 128 or 156; 874* * * 875(2) No appeal under sub-section (1) shall lie against an order of the Appellate Joint Commissioner or the Commissioner (Appeals), as the case may be, unless the assessee has paid 876ten percent of the amount representing the difference between the tax as determined on the basis of the order of the Appellate Joint Commissioner or the Commissioner (Appeals), as the case may be, and the tax payable under section 877: Provided that on an application made in this behalf by the assessee, the Commissioner of Taxes, may reduce, the requirement of such payment if the grounds of such application appears reasonable to him 878and shall pass such or derin this regardas he thinks fit within thirty days from date of the receipt of such application. 879(2A) The Deputy Commissioner of Taxes may, 880with the prior approval of the Commissioner of Taxes, prefer an appeal to the Appellate Tribunal against the order of an Appellate Joint Commissioner, or the Commissioner (Appeals) under section 156. (3) Omitted by section 63 of অর্থ আইন, ২০০২ (২০০২ সনের ১৪ নং আইন). 881(4) Every appeal under 882sub-section (1) or sub-section (2A) 883* * * shall be filed within sixty days of the date on which the order sought to be appealed against is communicated to the assessee or to the commissioner, as the case may be: Provided that the Appellate Tribunal may admit an appeal after the expiry of sixty days if it is satisfied that there was sufficient cause for not presenting the appeal within that period. (5) An appeal to the Appellate Tribunal shall be in such form and verified in such manner as may be prescribed 884and shall, except in the case of an appeal under sub-section (2A) 885* * * be accompanied by a fee of 886one thousand taka. 887(6) The Board may, by notification in the official Gazette,- (a) specify 888the cases in which the appeal shall be filed electronically or in any other machine readable or computer readable media; (b) specify the form and manner in which such appeal shall be filed.",
"name": "Appeal to the Appellate Tribunal",
"related_acts": "891",
"section_id": 319
},
{
"act_id": 672,
"details": "159. (1) The Appellate Tribunal may, after giving both the parties to the appeal an opportunity of being heard, pass such orders on the appeal as it thinks fit. (2) Before disposing of any appeal, the Appellate Tribunal may call for such particulars as it may require respecting the matters arising in the appeal or cause further enquiry to be made by the Deputy Commissioner of Taxes. (3) Where, as a result of the appeal, any change is made in the assessment of a firm or association of persons, or a new assessment of a firm or association of person, is ordered to be made, the Appellate Tribunal may direct the Deputy Commissioner of Taxes to amend accordingly any assessment made on any partner of the firm or any member of the association. (4) The Appellate Tribunal shall communicate its order on the appeal 889to the assessee and to the Commissioner within 890thirty days from the date of such order. (5) Save as hereafter provided in this Chapter, the orders passed by the Appellate Tribunal on appeal shall be final. 891(6) Notwithstanding anything contained in this Ordinance an appeal filed by an assessee to the Appellate Tribunal shall be deemed to have been allowed if the Appellate Tribunal fails to make an order thereon within a period of 892six months from the end of the month in which the appeal was filed 893, and where a case is heard by two members and an additional member is appointed for hearing the case because of the difference of decision of the two members, the period shall be eight months from the end of the month in which the appeal was filed: Provided that the provisions of this sub-section shall not apply to an appeal filed by an assessee at any time before the 1st day of July, 1991 894: Provided further that the provisions of this sub-section shall, in relation to an appeal filed by an assessee at any time during the period between the first day of July, 1995 and the thirtieth day of June, 1996 (both days inclusive), have effect as if for the words “two years” the words “three years” were substituted on the day on which section 21 of অর্থ আইন, ১৯৯১ (১৯৯১ সালের ২১ নং আইন)) came into force 895: Provided further that the provisions of this sub-section shall, in relation to an appeal filed by an assessee on or after the first day of July, 1999, have effect as if for the words “two years from the end of the year” the words “two years from the end of the month” were substituted 896: Provided further that the provisions of this sub-section shall, in relation to an appeal filed by an assessee before the first day of July, 2002, have effect as if the words “six months from the end of the month in which appeal was filed” were substituted by the words “one year from the end of the year in which appeal was filed: Provided further that the appeals filed by the Deputy Commissioner of Taxes on or before the thirtieth day of June, 2002 on which no order was passed by the Appellate Tribunal till that date shall be deemed to have been withdrawn from first of July, 2002",
"name": "Disposal of appeal by the Appellate Tribunal",
"related_acts": "754",
"section_id": 320
},
{
"act_id": 672,
"details": "160. (1) The assessee or the Commissioner may, 897within ninety days from the date of receipt of the order of the Appellate Tribunal communicated to him under section 159, by application in the prescribed form, accompanied, in the case of an application by the assessee, by a fee of 898two thousand taka, refer to the High Court Division any question of law arising out of such order 899: 900Provided that no reference under sub-section (1) shall lie against an order of the Taxes Appellate Tribunal, unless the assessee has paid the following tax at the rate of- (a) 901fifteen per cent of the difference between the tax as determined on the basis of the order of the Taxes Appellate Tribunal and the tax payable under section 74 where tax demand does not exceed one million taka; (b) 902twenty five per cent of the difference between the tax as determined on the basis of the order of the Taxes Appellate Tribunal and the tax payable under section 74 where tax demand exceeds one million taka: Provided further that the Board may, on an application made in this behalf, modify or waive, in any case, the requirement of such payment. (2) An application under sub-section (1) shall be in triplicate and shall be accompanied by the following documents, namely:- (a) \tcertified copy, in triplicate, of the order of the Appellate Tribunal out of which the question of law has arisen; (b) \tcertified copy, in triplicate, of the order of the Deputy Commissioner of Taxes, the Inspecting Joint Commissioner or the Appellate Joint Commissioner 903or the Commissioner (Appeals), as the case may be, which was the subject-matter of appeal before the Appellate Tribunal; and (c) \tcertified copy, in triplicate, of any other document the contents of which are relevant to the question of law formulated in the application and which was produced before the Deputy Commissioner of Taxes, the Inspecting Joint Commissioner, the Appellate Joint Commissioner 904or the Commissioner (Appeals) or the Appellate Tribunal, as the case may be, in the course of any proceedings relating to any order referred to in clause (a) or (b). (3) Where the assessee is the applicant, the Commissioner shall be made a respondent; and where the Commissioner is the applicant the assessee shall be made a respondent: Provided that where an assessee dies or is succeeded by another person or is a company which is being wound up, the application shall not abate and may, if the assessee was the applicant, be continued by, and if he was the respondent, be continued against, the executor, administrator or successor or other legal representative of the assessee, or by a against the liquidator or receiver, as the case may be. (4) On receipt of the notice of the date of hearing of the application, the respondent shall, at least seven days before the date of hearing submit in writing a reply to the application; and he shall therein specifically admit or deny whether the question of law formulated by the applicant arises out of the order of the Appellate Tribunal. (5) If the question formulated by the applicant is, in the opinion of the respondent, defective, the reply shall state in what particular the question is defective and what is the exact question of law, if any, which arises out of the said order; and the reply shall be in triplicate and he accompanied by any documents which are relevant to the question of law formulated in the application and which were produced before the Deputy Commissioner of Taxes, the Inspecting Joint Commissioner, the Appellate Joint Commissioner 905, the Commissioner (Appeals) or the Appellate Tribunal, as the case may be, in the course of any proceedings relating to any order referred to in sub-section (2)(a) or (b). (6) Section 5 of the Limitation Act, 1908 (IX of 1908), shall apply to an application under sub-section (1).",
"name": "Reference to the High Court Division",
"related_acts": "88",
"section_id": 321
},
{
"act_id": 672,
"details": "161. (1) Where any case has been referred to the High Court Division under section 160, it shall be heard by a Bench of not less than two judges and the provisions of section 98 of the Code of Civil Procedure, 1908 (V of 1908), shall, so far as may be, apply in respect of such case. (2) The High Court Division shall, upon hearing any case referred to it under section 160, decide the questions of law raised thereby and shall deliver its judgment thereon stating the grounds on which such decision is founded and shall send a copy of such judgment under the seal of the Court and the signature of the Registrar to the Appellate Tribunal which shall pass such orders as are necessary to dispose of the case in conformity with the judgment. (3) The costs in respect of a reference to the High Court Division under section 160 shall be in the discretion of the Court. (4) Notwithstanding that a reference has been made under section 160 to the High Court Division, tax shall be payable in accordance with the assessment made in the case unless the recovery thereof has been stayed by the High Court Division.",
"name": "Decision of the High Court Division",
"related_acts": "86",
"section_id": 322
},
{
"act_id": 672,
"details": "162. (1) An appeal shall lie to the Appellate Division from any judgment of the High Court Division delivered under section 161 in any case which the High Court Division certifies to be a fit one for appeal to the Appellate Division 906: 907* * * (2) The provisions of the Code of Civil Procedure, 1908 (Act V of 1908), relating to appeals to the Appellate Division shall, so far as may be, apply in the case of appeals under this section in like manner as they apply in the case of appeals from decrees of the High Court Division: Provided that nothing in this sub-section shall be deemed to affect the provision of section 161(2) or (4): Provided further that the High Court Division may, on petition made for the execution of the order of the Appellate Division in respect of any costs awarded thereby, transmit the order for execution to any Court subordinate to the High Court Division. (3) Where the judgment of the High Court Division is varied or reversed in appeal under this section, effect shall be given to the order of the Appellate Division in the manner provided in section 161 (2) and (4) in respect of a judgment of the High Court Division. (4) The provisions of sub-section (3) and sub-section (4) of section 161 relating to costs and payment of tax shall apply in the case of an appeal to the Appellate Division as they apply to a reference to the High Court Division under section 160.",
"name": "Appeal to the Appellate Division",
"related_acts": "86",
"section_id": 323
},
{
"act_id": 672,
"details": "163. (1) Save as provided in this section, all particulars or information contained in the following shall be confidential and shall not be disclosed, namely:- (a) any statement made, return furnished or accounts or documents produced under the provisions of this Ordinance; (b) any evidence given, or affidavit or deposition made, in the course of any proceedings under this Ordinance other than proceedings under Chapter XXI; (c) any record of any assessment proceedings or any proceeding relating to the recovery of demand under this Ordinance. (2) Notwithstanding anything contained in the Evidence Act, 1872 (I of 1872), or any other law for the time being in force, no Court or other authority shall, save as provided in this Ordinance, be competent to require any public servant to produce before it any return, accounts or documents contained in, or forming a part of, the records relating to any proceeding under this Ordinance or to given evidence before it in respect thereof. (3) The prohibition under sub-section (1) shall not apply to the disclosure of- (a) any particulars, or in respect of any statement, return, accounts, documents, evidence, affidavit or deposition required for the purposes of prosecution of an offence under this Ordinance, the Penal Code (XLV of 1860), or the Foreign Exchange Regulation Act, 1947 (VII of 1947); (b) any particulars or information which is necessary for the purposes of this Ordinance to any person acting in the execution of this Ordinance, or of any particulars to any person being an expert whose services have been placed at the disposal of the Government by any international organisation of which Bangladesh is a member; (c) any particulars or information which is occasioned by the lawful employment under this Ordinance of any process for the service of any notice or the recovery of any demand; (d) any particulars of the amount due from an assessee under this Ordinance by the Board or any officer authorised by it, or by the Commissioner, to any department of the Government, local authority, bank, corporation or other organisation for the purpose of the recovery of any demand; (e) any particulars to a Civil Court in any suit which relates to any matter arising out of any proceeding under this Ordinance and to which Government is a party; (f) any particulars to the Comptroller and Auditor-General of Bangladesh for the purpose of enabling him to discharge his functions under the Constitution; (g) any particulars to any officer appointed by the Comptroller and Auditor-General of Bangladesh or the Board for the purpose of auditing tax receipts or refunds; (h) any particulars relevant to any inquiry into the conduct of any official of the income tax department to any person appointed to hold such inquiry or to a Public Service Commission established under the Constitution when exercising its functions in relation to any matter arising out of any such inquiry; (i) any particulars relevant to any inquiry into a charge of misconduct in connection with income tax proceedings against a lawyer, a chartered accountant or a cost and management accountant to any authority empowered to take disciplinary action against such lawyer, chartered accountant or cost and management accountant; (j) any particulars by a public servant where the disclosure is occasioned by the lawful exercise by him of the powers under the Stamp Act, 1899 (II of 1899), to impound an insufficiently stamped document; (k) any facts to an authorised officer of the Government of any country outside Bangladesh with which the Government of the People's Republic of Bangladesh has entered into an agreement for the avoidance of double taxation and the prevention of fiscal evasion where such disclosure is required under the terms of the agreement; (l) any such facts to any officer of the Government as may be necessary for the purpose of enabling the Government to levy or realise any tax imposed by it; 908 (m) any such facts to any authority exercising power under the Excise and Salt Act, 1944 (I of 1944), the Gift-tax Act, 1963 (XIV of 1963), দান কর আইন, ১৯৯০ (১৯৯০ সনের ২২ নং আইন), the Wealth-tax Act, 1963 (XV of 1963), the Customs Act, 1969 (IV of 1969), the Sales tax Ordinance, 1982 (XVIII of 1982) or 909 , মূল্য সংযোজন কর আইন, ১৯৯১ (১৯৯১ সনের ২২ নং আইন) or মূল্য সংযোজন কর ও সম্পূরক শুল্ক আইন, ২০১২ (২০১২ সনের ৪৭ নং আইন) as may be necessary for the purpose of enabling it duly to exercise such powers; (n) so much of any such particulars, to the appropriate authority as may be necessary to establish whether a person has or has not been assessed to income tax in any particular year or years, where, under the provisions of any law for the time being in force, such fact is required to be established; (o) any such particulars to the Bangladesh Bank as are required by that Bank to enable it to discharge its functions under the foreign exchange control laws or to compile financial statistics of international investments and balance of payments; (p) any such information as may be required by any officer or department of the Government for the purpose of investigation into the conduct and affairs of a public servant; 910 *** 911 (pp) any such information as may be required for the purpose of investigation relating to money laundering and terrorist financing if the information is requested by the authority responsible for giving approval to a prosecution relating to money laundering and terrorist financing; (q) any such particulars as may be required by any order made under section 19(2) of the Foreign Exchange Regulation Act, 1947 (VII of 1947) 912 ; 913 *** 914 (r) a list of highest taxpayers or distinguished taxpayers in accordance with rules made or guidelines issued by the board on this behalf; 915 ; (s) the particulars of any assessee mentioned in the certificate issued under section 184B to any person or authority mentioned in sub-section (1) of section 184A for the purpose of verifying the authenticity of the twelve-digit Taxpayer’s Identification Number (TIN) 916 ; or (t) any information required to furnish under section 108A. (4) Nothing in this section shall apply to the production by a public servant before a Court of any document, declaration or affidavit filed, or the record of any statement or deposition made in a proceeding under section 90 or 111, or to the giving of evidence by a public servant in respect thereof. (5) Any person to whom any information is communicated under this section, and any person or employee under his control, shall in respect of that information, be subject to the same rights, privileges, obligations and liabilities as if he were a public servant and all the provisions of this Ordinance shall, so far as may be, apply accordingly. (6) This section shall not be construed as prohibiting the voluntary disclosure of any particulars referred to in sub-section (1) by the person by whom the statement was made, return furnished, accounts or documents produced, evidence given or affidavit or deposition made, as the case may be.",
"name": "Statement, returns, etc., to be confidential",
"related_acts": "24,218,77,354,755,1106,218",
"section_id": 324
},
{
"act_id": 672,
"details": "164. A person is guilty of an offence punishable with imprisonment for a term which may extend to one year, or with fine, or with both, if he, without reasonable cause,- (a) \tfails to deduct 917or collect and pay any tax as required under the provisions of Chapter VII except advance payment of tax or fails to deduct and pay tax as required under section 143(2); (b) \tfails to produce, or cause to be produced, on or before the date mentioned in any notice under Chapter VIII, or under section 83, such accounts, documents or statements as are referred to in such notice; (c) \tfails to furnish, in due time, the return of income which he is required to furnish under section 75, or by notice given under section 77 or 93; 918(cc) refuses to furnish such information as may be necessary under section 113; (d) \trefuses to permit inspection or to allow copies to be taken in accordance with the provisions of section 114; (e) \tfails to afford necessary facilities or to furnish the required information to an income tax authority exercising powers under section 115; 919*** (ee) fails to comply with the requirement under sub-section (1) of section 116; (eee) fails to comply with the order made under sub-section (1) of section 116A; or (f) \trefuses to permit or in any manner obstructs the exercise of powers under section 117 by an Income tax authority.",
"name": "Punishment for non-compliance of certain obligations",
"related_acts": "",
"section_id": 325
},
{
"act_id": 672,
"details": "165. A person is guilty of an offence punishable with imprisonment for a term which may extend to three years, 921but shall not be less than three months or with fine, or with both, if he- (a) makes a statement in any verification, etc. in any return or any other document furnished under any provisions of this Ordinance which is false 922* * *; (b) knowingly and wilfully aids, abets, assists, incites or includes another person to make or deliver a false return, account, statement, certificate or declaration under this Ordinance, or himself knowingly and wilfully makes or delivers such false return, account, statement, certificate or declaration on behalf of another person 923; (c) signs and issues any certificate mentioned in the 924proviso of section 82 which he either knows or believes to be false or does not believe to be true 925; (d) refuses to furnish such information as may be necessary for the purpose of survey under section 115.",
"name": "Punishment for false statement in verifications, etc.",
"related_acts": "",
"section_id": 326
},
{
"act_id": 672,
"details": "926165A. - A person is guilty of an offence punishable with imprisonment for a term which may extend to three years or with fine up to taka fifty thousand or both, if he deliberately uses or used a fake Tax-payer's Identification Number (TIN) or a Tax-payer's Identification Number (TIN) of another person.",
"name": "Punishment for improper use of Tax-payer's Identification Number",
"related_acts": "",
"section_id": 327
},
{
"act_id": 672,
"details": "927165AA. A person is guilty of an offence punishable with imprisonment for a term which may extend to three years, but shall not be less than three months, or with fine upto taka one lakh, or both, if he furnishes along with the return of income or thereafter any audited statement of accounts which is false or does not conform with signature of a chartered accountant purported to be signatory to such statement.",
"name": "Punishment for furnishing fake audit report",
"related_acts": "",
"section_id": 328
},
{
"act_id": 672,
"details": "928165B. A person who obstructs an income tax authority in discharge of functions under this Ordinance shall commit an offence punishable with imprisonment for a term not exceeding one year, or with a fine, or with both.",
"name": "Punishment for obstructing an income tax authority.",
"related_acts": "",
"section_id": 329
},
{
"act_id": 672,
"details": "929165C. A person is guilty of an offence punishable with imprisonment for a term which may extend to three years, but shall not be less than three months, or with fine up to taka five lakh, or both, if he employs or allows to work any individual not being a Bangladeshi citizen without prior approval from 930appropriate authority of the Government.",
"name": "Punishment for unauthorised employment",
"related_acts": "",
"section_id": 330
},
{
"act_id": 672,
"details": "166. A person is guilty of an offence punishable with imprisonment which may extend to five years 931but shall not be less than three months, or with fine, or with both, if he conceals the particulars, or deliberately furnishes inaccurate particulars, of his income.",
"name": "Punishment for concealment of income, etc.",
"related_acts": "",
"section_id": 331
},
{
"act_id": 672,
"details": "932166A. A person is guilty of an offence punishable with imprisonment which may extend to three years or with fine, or with both, if he is in possession of any information in relation to an assessee and after being required to furnish the information to an income tax authority under this Ordinance - (a) conceals the information; or (b) deliberately furnishes inaccurate information.",
"name": "Punishment for providing false information, etc",
"related_acts": "",
"section_id": 332
},
{
"act_id": 672,
"details": "167. The owner of any property, or a person acting on his behalf or claiming under him, is guilty of an offence punishable with imprisonment for a term which may extend to five years, or with fine, or with both, if he sells, mortgages, charges, leases or otherwise so deals with the property after the receipt of a notice from the Tax Recovery Officer as to prevent its attachment by that officer.",
"name": "Punishment for disposal of property to prevent attachment",
"related_acts": "",
"section_id": 333
},
{
"act_id": 672,
"details": "168. A public servant, or any person assisting, or engaged, by any person acting in the execution of this Ordinance, is guilty of an offence punishable with imprisonment for a term which may extend to six months, or with fine, if he discloses any particulars or information in contravention of the provisions of section 163.",
"name": "Punishment for disclosure of protected information",
"related_acts": "",
"section_id": 334
},
{
"act_id": 672,
"details": "169. (1) No prosecution for an offence punishable under any provisions of this Chapter shall be instituted except with the previous sanction of the Board. (2) Omitted by section 6 of অর্থ আইন, ১৯৯৯ (১৯৯৯ সনের ১৬ নং আইন).",
"name": "Sanction for prosecution",
"related_acts": "831",
"section_id": 335
},
{
"act_id": 672,
"details": "933 169A. The Deputy Commissioner of Taxes, with prior approval of the Commissioner of Taxes, may make such enquiry and investigation, in addition to the enquiry already made under this Ordinance, as may be necessary for the purpose of prosecution of an offence under this Chapter or a tax related offence (কর সংক্রান্ত অপরাধ) under মানি লন্ডারিং প্রতিরোধ আইন, ২০১২ (২০১২ সনের ৫নং আইন).",
"name": "Further enquiry and investigation, etc. for prosecution",
"related_acts": "",
"section_id": 336
},
{
"act_id": 672,
"details": "170. 934The Board may, either before or after the institution of any proceedings or prosecution for an offence punishable under this Chapter, compound such offence.",
"name": "Power to compound offences",
"related_acts": "",
"section_id": 337
},
{
"act_id": 672,
"details": "171. (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 offence punishable under this Chapter, other than an offence under section 168, shall be tried by a Special Judge appointed under the Criminal Law Amendment Act, 1958 (XL of 1958), as if such offence were an offence specified in the Schedule to that Act. (2) A Special Judge shall take cognizance of, and have jurisdiction to try, an offence triable by him under sub-section (1) only upon a complaint in writing made, after obtaining the sanction under section 169, by the Deputy Commissioner of Taxes- (a) \twho is competent to make assessment under this Ordinance in the case to which the offence alleged to have been committed relates, and (b) \twhose office is situated within the territorial limits of the jurisdiction of the Special Judge.",
"name": "Trial by Special Judge",
"related_acts": "75,277",
"section_id": 338
},
{
"act_id": 672,
"details": "172. Where the income of an assessee is assessable at a rate higher than that at which it would otherwise have been assessed by reason of- (a) \tany portion of his salary being paid in arrears or in advance, or (b) \this having received in any one financial year salary for more than twelve months, or (c) \this having received a payment which is a profit in lieu of salary, or (d) \this having received in arrears in one income year any portion of his income from interest on securities relatable to more income years than one; the Deputy Commissioner of Taxes may, on an application made to him in this behalf, determine the tax payable as if the salary, payment or interest had been received by the assessee during the income year or years to which it relates and may refund the amount of tax, if any, paid in excess of the tax so determined.",
"name": "Relief when salary, etc., is paid in arrear or advance",
"related_acts": "",
"section_id": 339
},
{
"act_id": 672,
"details": "935173A. (1) Where an assessee carries on a business, profession or vocation at any place, he shall be assessed by the Deputy Commissioner of Taxes of the area in which that place is situate or, where the business, profession or vocation is carried on in more places than one, by the Deputy Commissioner of Taxes of the area in which the principal place of his business, profession or vocation is situate. (2) In all other cases, an assessee shall be assessed by the Deputy Commissioner of Taxes of the area in which he resides. (3) Where any question arises under this section as to place of assessment, such question shall be determined by the Commissioner, or, where the question is between places in areas within the jurisdiction of more Commissioners than one, by the Commissioners concerned, or, if they are not in agreement, by the National Board of Revenue: Provided that, before any such question is determined, the assessee shall have had an opportunity of representing his views. (4) No person shall be entitled to call in question the jurisdiction of a Deputy Commissioner of Taxes after he has made the return of total income or where he has not made such return, after the time allowed by the notice served on him for making such return has expired.",
"name": "Place of assessment",
"related_acts": "",
"section_id": 340
},
{
"act_id": 672,
"details": "173. 936(1) Where an income tax authority or the Appellate Tribunal finds by own motion or based on written application from the assessee or information from any other source that an error apparent from record has been made in any order passed by it, the income tax authority or the Appellate Tribunal may amend the error by order in writing: Provided that no amendment under this sub-section shall be made after the expiration of four years from the date of the order sought to be amended. (1A) Where an assessee, by an application in writing in relation to an assessment year, brings to the notice of the Deputy Commissioner of Taxes of the claim that- (a) a sum payable under this Ordinance has been paid in amount higher than the due amount, or (b) the due credit of a sum paid under this Ordinance has not been given, the Deputy Commissioner of Taxes shall give credit of the amount in the assessment year in which the sum was to be given credit if the claim of the assessee is found valid and correct after due verification. (2) No amendment under sub-section (1) which has the effect of enhancing an assessment or reducing a refund or otherwise increasing the liability of the assessee shall be made unless the parties affected thereby have been given a reasonable opportunity of being heard. (3) Where any such error as is referred to in sub-section (1) is brought to the notice of the authority concerned by the assessee and no amendment is made by such authority within the financial year next following the date in which the error is brought to its notice, the amendment under that sub-section shall be deemed to have been made so as to correct the error and all the provisions of this Ordinance shall have effect accordingly. 937*** (5) Where in respect of any completed assessment of a partner in a firm it is found on the assessment of the firm or on any reduction or enhancement made in the income of the firm under sections 120, 938121A, 156, 159, 161 or 162 that the share of the partner in the profit or loss of the firm has not been included in the assessment of the partner, or, if included, is not correct, the inclusion of the share in the assessment or the correction thereof, as the case may be, shall be deemed to be correction of an error apparent from the record within the meaning of this section, and the provisions of sub-section (1) shall apply thereto accordingly, the period of four years referred to in sub-section (4) being computed from the date of the final order passed in the case of the firm. (6) Where as a result of proceedings initiated under section 93, a firm or an association of persons is assessed, and the Deputy Commissioner of Taxes concerned is of opinion that it is necessary to compute the total income of a partner in the firm or a member of the association of persons, as the case may be, the Deputy Commissioner of Taxes may proceed to compute the total income and determine the sum payable on the basis of such computation as if the computation is a correction of an error apparent from the record within the meaning of this section, and the provisions of sub-section (1) shall apply accordingly, the period of four years specified in sub-section (4) being reckoned from the date of the final order passed in the case of the firm or association of persons, as the case may be. (7) Subject to the provisions of sub-section (3) where an amendment is made under this section, an order shall be passed in writing by the income tax authority concerned or the Appellate Tribunal, as the case may be.",
"name": "Correction of errors",
"related_acts": "",
"section_id": 341
},
{
"act_id": 672,
"details": "174. (1) Any assessee, who is entitled or required to appear before any income tax authority or the Appellate Tribunal in connection with any proceedings under this Ordinance, may, except when required under section 122 to attend personally, appear by an authorised representative. (2) For the purpose of this section, “authorised representative” means a person, authorised in writing by the assessee to appear on his behalf, being- (a) \ta relative of the assessee who is his parent, spouse, son, daughter, brother or sister; (b) \ta whole time regular employee of the assessee; 939* * * (d) \ta legal practitioner who is entitled to practice in a Civil Court in Bangladesh; (e) \ta chartered accountant or a cost and management accountant or a member of an association of accountants recognised in this behalf by the Board; or (f) \tan income tax practitioner registered as such by the Board in accordance with the rules made in this behalf and subject to such conditions as may be laid down in those rules 940: Provided that such an income tax practitioner shall be a member of any registered Taxes Bar Association. (3) Notwithstanding anything contained in sub-section (1), the following persons shall not be qualified to represent an assessee under that sub-section, namely:- (a) \ta person who has been dismissed from Government service; (b) \ta legal practitioner, or a chartered accountant, a cost and management accountant, or other accountant mentioned in clause (e) of sub-section (2), or an income-tax practitioner, who, having been found guilty of misconduct in his professional capacity- (i) \tby any authority empowered to take disciplinary action against him, or (ii) \tby the 941Board, in connection with any income-tax proceeding, and, on account of that finding, he stands disqualified from practising his profession for so long as such disqualification continues 942: Provided that no person shall be disqualified under this sub-clause unless he is given a reasonable opportunity of being heard: 943* * * 944Provided further that any person disqualified under this sub-clause may, within one month of his disqualification, appeal to the Government to have the disqualification removed: Provided further that no disqualification under this sub-clause shall take effect until one month from the date of such disqualification has elapsed or, when an appeal is preferred, until the disposal of the appeal; (c) \ta person who has become insolvent for so long as the insolvency continues; (d) \ta person who has been convicted of any offence connected with any income tax proceeding under this Ordinance unless the Commissioner, with the approval of the Board, by order, remove his disqualification under this sub-section; and (e) \tany Government servant in the Income-tax Department who has resigned or retired from such service, for a period of three years from the date of acceptance of resignation or a period of one year from the date of retirement, as the case may be.",
"name": "Appearance by authorised representative",
"related_acts": "",
"section_id": 342
},
{
"act_id": 672,
"details": "175. In the determination of the amount of tax or of a refund payable under this Ordinance, fractions of a taka, less than fifty poisha, shall be disregarded and fractions of a taka equal to or exceeding fifty poisha shall be regarded as one taka.",
"name": "Tax to be calculated to nearest taka",
"related_acts": "",
"section_id": 343
},
{
"act_id": 672,
"details": "176. A receipt shall be given for any money paid or recovered under this Ordinance.",
"name": "Receipts to the given",
"related_acts": "",
"section_id": 344
},
{
"act_id": 672,
"details": "177. (1) In computing the period of limitation prescribed for an appeal or application under this Ordinance, the day on which the order complained of was served, or, if the assessee was not furnished with a copy of the order when the notice of the order was served upon him, the time requisite for obtaining the copy of the order shall be excluded. (2) Where the period of limitation prescribed for an appeal or application under this Ordinance expires on a day which is a closed holiday, the appeal or application may be made on the day next following such holiday.",
"name": "Computation of the period of limitation",
"related_acts": "",
"section_id": 345
},
{
"act_id": 672,
"details": "178. 945 (1) A notice, an assessment order, a form of computation of tax or refund or any other document may be served on the person named therein 946 by registered post or by sending from the official electronic mail of the sender to the specified electronic mail address of the person or in the manner provided for service of a summons issued by a Court under the Code of Civil Procedure, 1908 (Act V of 1908): Provided that where a notice, an assessment order, a form of computation of tax or refund, or any other document is received by an authorized representative as referred to in section 174, such receipt by the authorized representative, shall be construed as valid service on that person. (1A) Omitted by section 5 of অর্থ আইন, ১৯৯৭ (১৯৯৭ সনের ১৫ নং আইন). (2) A notice may be addressed- (a) in the case of a firm or a Hindu undivided family, to any member of the firm, or the manager or any adult male member of the family; (b) in the case of a local authority or a company, to the principal officer thereof; (c) in the case of other body or association of persons, to the principal officer or any member thereof; (d) in a case where a firm or association of persons is dissolved, to any person who was a member of the firm or association, as the case may be, immediately before such dissolution; (e) in a case where a business or profession is discontinued to which section 89 applies, if the business or profession discontinued was- (i) that of an individual, to the person whose income is to be assessed; (ii) that of a company, to the principal officer thereof; and (iii) that of a firm or association of persons, to any person who was a partner of such firm or a member of such association, as the case may be, at the time of the discontinuance; (f) in a case where a finding of partition has been recorded under section 90 in respect of a Hindu undivided family, to the person who was the last manager of the family or, if such person is dead, to all adult male persons who were members of the family immediately before the partition; and (g) in any other case, not being an individual, to the person who manages or controls the affairs of the person or institution concerned. (3) The validity of any notice or of the service of any notice shall not be called in question after the return in response to the notice has been filed or the notice has been complied with. 947 “(4) In this section- (a) “electronic mail” shall have the same meaning as assigned to “ইলেকট্রনিক্স মেইল” by তথ্য ও যোগাযোগ প্রযুক্তি আইন, ২০০৬(২০০৬ সনের ৩৯ নং আইন); (b) “official electronic mail of the sender” means the electronic mail designated by the Board to the income tax authority serving the notice; (c) “specified electronic mail address of the person” means the electronic mail address – (i) that has been mentioned in the return of income of the person submitted for the respective income year; (ii) that has been specified by a person, in writing, to the income tax authority, as the electronic mail address of such person. 948 Explanation.- In this section, “notice” includes order or requisition made or issued under this Ordinance.",
"name": "Service of notice",
"related_acts": "86,815,950",
"section_id": 346
},
{
"act_id": 672,
"details": "949178A. A notice, order, requisition, certificate, communication, letter or an acknowledgment of receipt generated by computer or electronic system specified by the Board shall have the same meaning and effect of the notice, order, requisition, certificate, communication, letter or an acknowledgment of receipt issued or served under this Ordinance.",
"name": "System generated notice, order, etc",
"related_acts": "",
"section_id": 347
},
{
"act_id": 672,
"details": "178B. Where any return, statement, application or document is to be filed to an income tax authority or the Taxes Appellate Tribunal under any provision of this Ordinance, the return, statement, application or document may be filed in such electronic, computer readable or machine readable form and manner as may be specified by the Board.",
"name": "Electronic filing, etc",
"related_acts": "",
"section_id": 348
},
{
"act_id": 672,
"details": "179. No assessment, order, notice, warrant or other document made, issued or executed, or purporting to be made, issued or executed, under this Ordinance, shall be void or otherwise inoperative, merely for want of form, or for an error, defect or omission therein, if such want of form, error, defect or omission is not of a substantial nature prejudicially affecting the assessee.",
"name": "Certain errors not to vitiate assessment, etc.",
"related_acts": "",
"section_id": 349
},
{
"act_id": 672,
"details": "180. Notwithstanding anything contained in section 171 of the Companies Act, 1913 (VII of 1913), leave of the Court shall not be required for continuing any proceeding, or commencing any proceeding, under this Ordinance against a company in respect of which a winding up order has been made or provisional liquidator appointed.",
"name": "Proceeding against companies under liquidation",
"related_acts": "",
"section_id": 350
},
{
"act_id": 672,
"details": "181. Every person deducting, retaining or paying any tax in pursuance of this Ordinance in respect of income belonging to another person is hereby indemnified for the deduction, retention or payment thereof.",
"name": "Indemnity",
"related_acts": "",
"section_id": 351
},
{
"act_id": 672,
"details": "182. (1) No suit shall be brought in any Civil Court to set aside or modify any assessment made under this Ordinance. (2) No suit, prosecution or other proceedings shall lie against any officer of the Government for anything in good faith done or intended to be done under this Ordinance.",
"name": "Bar of suits and prosecution, etc.",
"related_acts": "",
"section_id": 352
},
{
"act_id": 672,
"details": "183. If, on the first day of July in any year provision has not been made by Act of Parliament for the charging of income tax for that year, this Ordinance shall nevertheless have effect until such provision is made, as if the provision in force in the preceding year, or the provision proposed in the bill which may then be before the Parliament, whichever is more favourable to the assessee, were actually in force.",
"name": "Ordinance to have effect pending legislative provision for charge of tax",
"related_acts": "",
"section_id": 353
},
{
"act_id": 672,
"details": "184. Restriction on registration of documents.- Omitted by section 8 of অর্থ আইন, ১৯৯২ (১৯৯২ সনের ২১ নং আইন).",
"name": "Omitted",
"related_acts": "764",
"section_id": 354
},
{
"act_id": 672,
"details": "950 184A. (1) Notwithstanding anything contained in this Ordinance, a person shall be required to furnish a proof of submission of return in the cases mentioned in sub-section (3).(2) The proof of submission of return shall be-(a) an acknowledgment receipt of return prescribed by the Board; or(b) a system generated certificate containing name and Taxpayer’s Identification Number (TIN) of the person and the year for which return has been submitted; or(c) a certificate issued by the Deputy Commissioner of Taxes containing name and TIN of the person and the year for which return has been submitted.(3) The proof of submission of return shall be furnished in the cases of –(i) applying for a loan exceeding Taka five lakh from a bank or a financial institution;(ii) becoming a director or a sponsor shareholder of a company;(iii) obtaining or continuing an import registration certificate or export registration certificate;(iv) obtaining or renewal of a trade license in the area of a city corporation or paurashava;(v) obtaining registration of co-operative society;(vi) obtaining or renewal of license or enlistment as a surveyor of general insurance;(vii) obtaining registration, by a resident, of the deed of transfer, baynanama or power of attorney or selling of a land, building or an apartment situated within a city corporation or a paurashava of a district headquarter or cantonment board, where the deed value exceeds Taka ten lakh;(viii) obtaining or maintaining a credit card;(ix) obtaining or continuing the membership of the professional body as a doctor, dentist, lawyer, chartered accountant, cost and management accountant, engineer, architect or surveyor or any other similar profession;(x) obtaining and retaining a license as a Nikah Registrar under the Muslim Marriages and Divorces (Registration) Act. 1974 (LII of 1974);(xi) obtaining or continuing the membership of any trade or professional body;(xii) obtaining or renewal of a drug license, a fire license, environment clearance certificate, BSTI licenses and clearance;(xiii) obtaining or continuing commercial and industrial connection of gas in any area and obtaining or continuing residential connection of gas in city corporation area;(xiv) obtaining or continuing a survey certificate of any water vessel including launch, steamer, fishing trawler, cargo, coaster and dumb barge etc., plying for hire;(xv) obtaining the permission or the renewal of permission for the manufacture of bricks by Deputy Commissioner's office in a district or Directorate of Environment, as the case may be;(xvi) obtaining the admission of a child or a dependent in an English medium school providing education under international curriculum or english version of national curriculum, situated in any city corporation, district headquarter or paurashava;(xvii) obtaining or continuing the connection of electricity in a city corporation or cantonment board;(xviii) obtaining or continuing the agency or the distributorship of a company;(xix)obtaining or continuing a license for arms;(xx) opening a letter of credit for the purpose of import;(xxi) opening postal savings accounts of Taka exceeding five lakhs;(xxii) opening and continuing bank accounts of any sorts with credit balance exceeding Taka ten lakhs;(xxiii) purchasing savings instruments (Sanchayapatra) of Taka exceeding five lakhs;(xxiv) participating in any election in upazilla, paurashava, zilla parishad, city corporation or Jatiya Sangsad;(xxv) participating in a shared economic activities by providing motor vehicle, space, accommodation or any other assets.(xxvi) receiving any payment which is an income of the payee classifiable under the head \"Salaries\" by any person employed in the management or administrative function or in any supervisory position in the production function;(xxvii) receiving any payment which is an income of the payee classifiable under the head \"Salaries\" by an employee of the government or an authority, corporation, body or units of the government formed by any law, order or instrument being in force, if the employee, at any time in the income year, draws a basic salary of taka sixteen thousand or more;(xxviii) receiving any commission, fee or other sum in relation to money transfer through mobile banking or other electronic means or in relation to the recharge of mobile phone account;(xxix) receiving any payment by a resident from a company on account of any advisory or consultancy service, catering service, event management service, supply of manpower or providing security service;(xxx) receiving any amount from the Government under the Monthly Payment Order (MPO) if the amount of payment exceeds taka sixteen thousand per month;(xxxi) registration or renewal of agency certificate of an insurance company;(xxxii) registration, change of ownership or renewal of fitness of a motor vehicle of any types excluding two and three wheeler;(xxxiii) releasing overseas grants to a non-government organisation registered with NGO Affairs Bureau or to a Micro Credit Organisation having licence with Micro Credit Regulatory Authority;(xxxiv) selling of any goods or services by any digital platforms to consumers in Bangladesh.(xxxv) submitting application for the membership of a club registered under কোম্পানি আইন, ১৯৯৪ (১৯৯৪ সনের ১৮ নং আইন) and Societies Registration Act, 1860 (Act No. XXI of 1860);(xxxvi) submitting tender documents by a resident for the purpose of supply of goods, execution of a contract or rendering a service;(xxxvii) submitting a bill of entry for import into or export from Bangladesh;(xxxviii) submitting plan for construction of building for the purpose of obtaining approval from Rajdhani Unnayan Kartripakkha (Rajuk), Chittagong Development Authority (CDA), Khulna Development Authority (KDA) and Rajshahi Development Authority (RDA) or other concerned authority in any city corporation or paurashava;(4) The Board may, by a general or special order, exempt any person from furnishing proof of submission of return.(5) The person responsible for processing any application or nomination, or approving any license, certificate, membership, permission, admission, agency or distributorship, sanctioning any loan, issuing any credit card, allowing connection or operation, executing registration or making any payment shall not so process, approve, sanction, issue, allow, execute or make payment, as the case may be, unless the proof of submission of return is furnished as required under the provision of sub-section (1) or the person who is required to furnish the proof of submission of return provides a certificate from the Board that he is exempted from furnishing such proof.(6) The person to whom the proof of submission of return is furnished shall verify the authenticity of it in the manner as may be specified by the Board.(7) Where the person responsible for processing any application or nomination, or approving any license, certificate, membership, permission, admission, agency or distributorship, sanctioning any loan, issuing any credit card, allowing connection or operation, executing registration or making any payment, as the case may be, fails to comply with sub-sections (5) and (6), shall be deemed to be an assessee in default and be liable to pay a penalty not exceeding Taka ten lakh as imposed by the Deputy Commissioner of Taxes.(8) No penalty under this section shall be imposed upon a person without giving a reasonable opportunity of being heard.(9) A person not being an individual shall, instead of furnishing a proof of submission of return, furnish a system generated certificate containing name and Taxpayer’s Identification Number (TIN)–(a) in the year of incorporation, registration or formation, as the case may be, under any law or instruments having the force of law; and(b) in the year following the year of incorporation, registration or formation, as the case may be, under any law or instruments having the force of law.",
"name": "Proof of submission of return required in certain cases",
"related_acts": "10",
"section_id": 355
},
{
"act_id": 672,
"details": "952184AA. The Board may, with the prior approval of the Government and by notification in the official Gazette, specify any class of documents where a 953twelve-digit Taxpayer’s Identification Number (TIN) is to be mentioned.",
"name": "Twelve-digit Tax-payer’s identification number (TIN) in certain documents, etc.",
"related_acts": "",
"section_id": 356
},
{
"act_id": 672,
"details": "954184B.955(1) Every assessee or any person who applies manually or electronically for a Taxpayer’s Identification Number will be issued a certificate containing twelve-digit Taxpayer’s Identification Number and such other particulars in such manner as may be prescribed: Provided that twelve-digit Tax-payer’s Identification Number may be issued without any application where any income tax authority has found a person having taxable income during the year and possesses such necessary information of that person for issuance of twelve-digit Tax-payer’s Identification Number. (2) Board may, by general or special order in writing, direct any person or classes of persons who already hold a Tax-payer's Identification Number to furnish such information or documents for the purpose of re-registration and thereafter issue 956twelve-digit a new Taxpayer's Identification Number. 957(3) Every existing assessee having ten-digit Tax-payer’s Identification Number or a Temporary Registration Number (TRN) shall have to obtain twelve-digit Tax-payer’s Identification Number (TIN) before the last date of submission of return of income as required under section 75.",
"name": "Tax-payer’s identification number",
"related_acts": "",
"section_id": 357
},
{
"act_id": 672,
"details": "958184BB. Every person required to deduct or collect tax under Chapter VII of this Ordinance shall be given a tax collection account number in such manner as may be prescribed.",
"name": "Tax collection account number",
"related_acts": "",
"section_id": 358
},
{
"act_id": 672,
"details": "960***",
"name": "omitted",
"related_acts": "",
"section_id": 359
},
{
"act_id": 672,
"details": "961184BBBB. Temporary Registration Number (TRN) may be given to a person who has been found having taxable income in any year and has failed to apply for Tax-payer's Identification Number (TIN) under section 184B. 962Explanation.- For the removal of doubts, it is hereby declared that nothing in this Ordinance shall limit the authority of the Deputy Commissioner of Taxes in imposing the liability to pay any sum under this Ordinance on a person who has been given a Temporary Registration Number (TRN) for the reason that the person has failed to apply for the Tax-payer's Identification Number (TIN).",
"name": "Issuance of Temporary Registration Number (TRN).",
"related_acts": "",
"section_id": 360
},
{
"act_id": 672,
"details": "963184C. (1) An assessee having income from business or profession shall submit his return of income as required in section 75 and display the proof of submission of return as defined in section 184A at a conspicuous place of such assessee's business premises.(2) Where an assessee fails to comply with the provision of sub-section (1), he shall be liable to pay a penalty of Taka not less than five thousand and not exceeding twenty thousand as imposed by the Deputy Commissioner of Taxes empowered to this end.",
"name": "Displaying proof of submission of return",
"related_acts": "",
"section_id": 361
},
{
"act_id": 672,
"details": "964184CC. Notwithstanding anything contained in any other law for the time being in force where any document relating to the transfer of land, building or apartment situated within a city corporation, or cantonment board, or a paurashava of a district headquarters, deed value of which exceeds taka one lakh and required to be registered under the Registration Act, 1908 (XVI of 1908), such document shall contain twelve-digit Taxpayer’s Identification Number of both the seller and the purchaser.",
"name": "Requirement of mentioning twelve-digit Taxpayer’s Identification Number in certain documents.",
"related_acts": "90",
"section_id": 362
},
{
"act_id": 672,
"details": "966184D.- (1) Notwithstanding anything contained in this Ordinance or any other law for the time being in force, the Board may, in such manner and in such circumstances and to such extent as may be prescribed, grant reward to the following persons :- (a) an officer or employee of the Board and its subordinate tax offices for outstanding performance 967, collection of taxes and detection of tax evasion; (b) any other person for furnishing information leading to detection of tax evasion. (2) The Board may, in addition to the reward mentioned in sub-section (1), grant reward to officers and employees of the Board and its subordinate tax offices for a financial year for collecting of revenue in excess of the revenue target as may be prescribed.",
"name": "Reward to officers and employees of the Board and its subordinate income tax offices * * *",
"related_acts": "",
"section_id": 363
},
{
"act_id": 672,
"details": "968184E.- All officers and staff of government and semi-government organizations, law enforcement agencies, autonomous bodies, statutory bodies, financial institutions, educational institutions, private organizations, local government and non-government organizations shall assist the income tax authorities in the discharge of their functions under this Ordinance.",
"name": "Assistance to income tax authorities",
"related_acts": "",
"section_id": 364
},
{
"act_id": 672,
"details": "969184F. Notwithstanding anything contained in any other law for the time being in force, the provisions of this Ordinance or any proceedings thereunder shall prevail over any other law in respect of 970the imposition and the collection of tax, the exemption of any income from tax, the reduction of the rate of tax, the calling for any information for the purpose of taxation, and the protection of information under this Ordinance.",
"name": "Ordinance to override other laws.",
"related_acts": "",
"section_id": 365
},
{
"act_id": 672,
"details": "971184G. (1) Notwithstanding anything contained contrary to any provision of this Ordinance, the Board may, with prior approval of the Government, by an order, and in public interest,— (a) condone the period of epidemic, pandemic, or any other acts of God, and war in computing the time limits specified in any provision of this Ordinance; or (b) extend the time limits specified in any provision of his Ordinance to such extent as the Board may think fit, due to such epidemic, pandemic, or any other acts of God, and war. (2) The order under sub-section (1) may be issued with retrospective effect.",
"name": "Power to condone or extend, etc",
"related_acts": "",
"section_id": 366
},
{
"act_id": 672,
"details": "185. (1) The Board may, by notification in the Official Gazette, make rules for carrying out the purposes of this Ordinance; and any such rules may, in so far as they do not impose, or have the effect of imposing, any criminal liability, be given retrospective effect. (2) In particular, and without prejudice to the generality of foregoing power, such rules may provide for all or any of the following matters, namely:- (a) the ascertainment and determination of the classification of any income in respect of which the provisions of this Ordinance are not clear; (b) the manner 972, extentand scope in which, and the procedure by which, the income and the tax payable thereon shall be determined in the case of- (i) non-residents, and (ii) income derived in part from agriculture and in part from business; (c) the ascertainment and determination of any income or class of income to be included in the total income of an assessee; (d) the determination of the value of any perquisites and benefits and of the allowances permissible under this Ordinance in respect of any head of income or total income; (e) the procedure for the grant of exemption of income of industrial undertakings or tourist industries and any other matter connected with or incidental thereto; (f) the manner in which, and the procedure by which, self-assessment may be made; (g) the procedure for, and any other matter connected with or incidental to, the issue of exemption certificate or tax clearance certificate under section 107; (h) the procedure to be followed on application for refund; (i) registration of income tax practitioners, qualifications for registration conditions and limitations subject to which income-tax practitioners may act as authorised representative under this Ordinance, cancellation of registration or other disciplinary measures in respect of income tax practitioners; (j) fees and other charges to be paid in respect of any services rendered or in respect of any matter for which fees and charges are payable under this Ordinance; and (k) any other matter which is to be provided for by rules, or which is to be or may be prescribed under this Ordinance. (3) In cases coming under sub-section (2)(b), the rules may prescribe methods by which an estimate of such income may be made, and prescribe the proportion which shall be deemed to be income classifiable under the head “Agricultural income” or “income from business or profession”, and an assessment based on such estimate or proportion, as the case may be, shall be deemed to be duly made in accordance with the provisions of this Ordinance. (4) The power to make rules under this section shall, except on the first occasion of the exercise thereof, be subject to the condition of previous publication 973: Provided that where previous publication of the draft of any proposed rules or of any amendment to any existing rules is made pursuant to the provisions of this sub-section, giving therewith a notice soliciting objections and suggestions to such draft within the period specified in the notice and if no objection or suggestion is received within the period specified, the previous publication of such draft shall be deemed to be the final publication of the proposed rules or amendment, as the case may be.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 367
},
{
"act_id": 672,
"details": "974185A. The Board may, by order, issue circular, clarification, explanation and directives relating to the scope and application of any provision under this Ordinance and the rules and orders made thereunder.",
"name": "Power to issue circular, clarification, etc",
"related_acts": "",
"section_id": 368
},
{
"act_id": 672,
"details": "186. (1) The Income-tax Act, 1922 (XI of 1922) is hereby repealed. (2) Notwithstanding the repeal, the Income tax Act, 1922 (XI of 1922), and the rules made thereunder, shall continue to apply, as if that Act had not been repealed,- (a) \tto any income of, or relatable to, any period prior to the commencement of this Ordinance; and (b) \tto any notice issued, or any assessment, order, application or appeal made, any proceedings commenced or any prosecution instituted, under that Act. (3) Save as provided in sub-section (2), the repeal under sub-section (1) and enactment of this Ordinance shall, for the purposes of the General Clauses Act, 1897 (X of 1897), be deemed to be repeal and re-enactment of the Income-tax Act, 1922 (XI of 1922).",
"name": "Repeal and savings",
"related_acts": "73",
"section_id": 369
},
{
"act_id": 672,
"details": "187. (1) If any difficulty arises in giving effect to any of the provisions of this Ordinance, the Government may, by notification in the official Gazette, make such provisions as it thinks fit for removing that difficulty. (2) No notification under this section shall be issued after the thirtieth day of June, 1988.",
"name": "Removal of difficulties",
"related_acts": "",
"section_id": 370
}
],
"text": "An Ordinance to consolidate and amend the law relating to Income-tax. WHEREAS it is expedient to consolidate and amend the law relating to income-tax; NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in this behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 675,
"lower_text": [],
"name": "The Finance Ordinance, 1984",
"num_of_sections": 12,
"published_date": "27th June, 1984",
"related_act": [
354,
675,
732,
643,
76,
77,
206,
156,
604
],
"repelled": false,
"sections": [
{
"act_id": 675,
"details": "1. (1) This Ordinance may be called the Finance Ordinance, 1984. (2) Except as otherwise provided in this Ordinance, this section and sections 5 and 8 shall come into force at once, and other sections shall come into force on the first day of July, 1984.",
"name": "Short title and commencement",
"related_acts": "675",
"section_id": 1
},
{
"act_id": 675,
"details": "2. In the Post Office Act, 1898 (VI of 1898), for the First Schedule thereto the Schedule set out in the First Schedule to this Ordinance shall be substituted.",
"name": "Amendment of Act VI of 1898",
"related_acts": "76",
"section_id": 2
},
{
"act_id": 675,
"details": "3. In the Stamp Act, 1899 (II of 1899), in section 28, after sub-section (2), the following new sub-section (2A) shall be inserted, namely:- “(2A) \tNotwithstanding anything contained in sub-sections (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.”.",
"name": "Amendment of Act II of 1899",
"related_acts": "77",
"section_id": 3
},
{
"act_id": 675,
"details": "4. In the Motor Vehicles Tax Act, 1932 (Ben. Act I of 1932), in the First Schedule, for item 2 the following shall be substituted, namely:- “2. Vehicles for carrying passengers not plying for hire- (a) seating not more than two passengers\t..\tTaka three hundred. (b) seating not more than three passengers\t..\tTaka six hundred. (c) seating not more than four passengers\t..\tTaka nine hundred. (d) every additional passenger that can be seated\t..\tTaka one hundred.”.",
"name": "Amendment of Ben. Act I of 1932",
"related_acts": "156",
"section_id": 4
},
{
"act_id": 675,
"details": "5. The following amendments shall be made in the Excises and Salt Act, 1944 (I of 1944), namely:- (1) \tafter section 3B, the following new section shall be inserted, namely:- “3C.\tPrinciple for determination of tariff classification.- When for any reason, goods are, prima facie, classifiable under two or more headings of the First Schedule, the heading which provides the most specific description shall be preferred to headings providing a more general description.”; (2) \tin section 37, in sub-section (3), for the words “two thousand Taka” the words “ten thousand taka” shall be substituted; (3) The FIRST SCHEDULE shall be amended in the manner set out in the SECOND SCHEDULE to this Ordinance.",
"name": "Amendment of Act I of 1944",
"related_acts": "206",
"section_id": 5
},
{
"act_id": 675,
"details": "6. The following amendments shall be made in the Gift-tax Act, 1963 (XIV of 1963), namely:- (1) in section 2,- (a) \tin clause (ii), for the words, figure and letter “appointed under section 5A of the Income-tax Act” the words and figure “established under section 11 of the Income Tax Ordinance” shall be substituted; (b) \tclause (va) shall be omitted; (c) \tin clause (vii), for the words, brackets, figures and letter “clause (5A) of section 2 of the Income-tax Act” the words, brackets and figures “clause (20) of section 2 of the Income Tax Ordinance” shall be substituted; (d) \tclause (xiiia) shall be omitted; (e) \tfor clause (xiv) the following shall be substituted, namely:- “(xiv)\t“Income Tax Ordinance” means the Income Tax Ordinance, 1984 (XXXVI of 1984); (xiva)\t“income year” has the meaning assigned to it in clause (35) of section 2 of the Income Tax Ordinance;”; (f)\tin clause (xva), for the words, comma, figures and brackets “Income-tax Act, 1922 (XI of 1922)” the words “Income Tax Ordinance” shall be substituted; (g) \tclauses (xx) and (xxiva) shall be omitted; (h) \tin clause (xxvi), for the words, comma, figures and brackets “Income-tax Act, 1922 (XI of 1922)” the words “Income Tax Ordinance” shall be substituted; (2) in section 3, for the words “previous year” the words “income year” shall be substituted; (3) \tin section 5,- (a) \texcept as otherwise provided- (i) \tfor the words “taxable territories”, wherever occurring, the word “Bangladesh” shall be substituted; (ii) \tfor the words “previous year” and “pervious years”, wherever occurring, the words “income year” and “income years” shall respectively be substituted; (b) \tin sub-section (1),- (i) \tin clause (ii), in sub-clause (a), the word “ordinarily” shall be omitted; (ii) \tin clause (iv), for the words, figure and letter “section 15D of the Income-tax Act” the words, figure and letter “paragraph 12 of Part B of the Sixth Schedule to the Income Tax Ordinance” shall be substituted; (c) \tin the Explanation, for clause (a) the following shall be substituted, namely:- “(a) an individual shall be deemed to be resident in Bangladesh during the income year in which the gift is made if during that year he is regarded as a resident in Bangladesh within the meaning of the Income Tax Ordinance;”; (4) in section 7,- (a) \tin sub-section (1), for the words, comma, figures and brackets “Income-tax Act, 1922 (XI of 1922)” the words “Income Tax Ordinance” shall be substituted; (b) \tin the Explanation, for the words “Income-tax Act” the words “Income Tax Ordinance” shall be substituted; (5) in section 13,- (a) \tin sub-section (1), for the words “a previous year” the words “an income year” shall be substituted; (b) \tin sub-section (2), for the words “previous year” the words “income year” shall be substituted; (6) in section 18, for the words “previous year” the words “income year” shall be substituted; (7) \tin section 22, in sub-section (1), in clause (f), for the words, brackets and figures “sub-section (1) of section 46 of the Income-tax Act” the words, brackets and figures “sub-section (1) of section 137 of the Income Tax Ordinance” shall be substituted; (8) \tin section 23, in sub-section (11),- (a) \tfor the words, brackets, figures, comma and letter “sub-sections (5), (7) and (8) of section 5A of the Income-tax Act” the words, figures and comma “sections 12, 13 and 15 of the Income Tax Ordinance” shall be substituted; (b) \tfor the words “Income-tax Act” occurring at the end the words “Income Tax Ordinance” shall be substituted; (9) \tfor section 33 the following shall be substituted, namely:- “33. \tMode of recovery.-The provisions of sections 134, 137, 138, 139, 140, 141, 142 and 143 of the Income Tax Ordinance shall apply as if the said provisions were provisions of this Act and referred to gift-tax and sums imposed by way of penalty under this Act, instead of to income tax and sums imposed by way of penalty under that Ordinance, and to Deputy Commissioner of Taxes and Commissioner of Taxes under this Act instead of to Deputy Commissioner of Taxes and Commissioner of Taxes under that Ordinance.”; (10) for section 41 the following shall be substituted, namely:- “41. Prohibition of disclosure of information.-(1) subject to the provisions contained in sub-section (2), the provisions of sections 163, 168 and sub-section (1) of section 169 of the Income Tax Ordinance shall apply to all accounts or in relation to statements, documents, evidence or affidavits given, produced or obtained in connection with or in the course of any proceeding under this Act as they apply to or in relation to similar particulars under that Ordinance. (2) \tNothing contained in sections 163 and 168 of the Income Tax Ordinance shall apply to the disclosure of any such particulars as are referred to in sub-section (1) to any person acting in the execution of this Act or the Income Tax Ordinance or the Wealth-tax Act, 1963 (XV of 1963), where it is necessary or desirable to disclose the same to him for the purpose of this Act or of the other Act and the Ordinance aforesaid.”; (11) for section 45 the following shall be substituted, namely:- “45. Act not to apply in certain cases.- The provisions of this Act shall not apply to gifts made by- (a) \ta corporation established by or under any law for the time being in force; (b) \tany institution or fund the income whereof is exempt from income tax under paragraph 1 of Part A of the Sixth Schedule to the Income Tax Ordinance.”.",
"name": "Amendment of Act XIV of 1963",
"related_acts": "",
"section_id": 6
},
{
"act_id": 675,
"details": "7. The following amendments shall be made in the Wealth-tax Act, 1963 (XV of 1963), namely:- (1) in section 2,- (a) \tin clause (b), for the words, figure and letter “appointed under section 5A of the Income-tax Act” the words and figure “established under section 11 of the Income Tax Ordinance” shall the substituted; (b) \tin clause (h), for the words, brackets, figures and letter “clause (5A) of section 2 of the Income-tax Act” the words, brackets and figures “clause (20) of section 2 of the Income Tax Ordinance” shall be substituted; (c) \tclause (1A) shall be omitted; (d) \tfor clause (j) the following shall be substituted, namely:- “(j) \t“Income Tax Ordinance” means the Income Tax Ordinance, 1984 (XXXVI of 1984);”; (e) \tin clause (00), for the words “Income-tax Act” the words “Income Tax Ordinance” shall be substituted; (f) \tclause (000) shall be omitted; (g) \tfor clause (p) the following shall be substituted, namely:- “(p)\t“valuation date”, in relation to any year for which an assessment is to be made under this Act, means the last day of the income year as defined in clause (35) of section 2 of the Income Tax Ordinance if an assessment were to be made under that Ordinance for that year: Provided that where in the case of an assessee there are different income years under the Income Tax Ordinance for different sources of income, the valuation date for the purposes of this Act shall be the last day of the last of the income years aforesaid;”; (h) \tin clause (s), for the words, comma and figure “Income-tax Act, 1922” the words “Income Tax Ordinance” shall be substituted; (2) \tin section 5, in sub-section (1),- (a) \tin clause (i), for the words “taxable territories” the word “Bangladesh” shall be substituted; (b) \tin clause (x), for the words, figure and letter “Chapter IXA of the Income-tax Act” the words and letter “Part B of the First Schedule to the Income Tax Ordinance” shall be substituted; (3) \tin section 5A, in clause (1), for the words, comma and figure “Income-tax Act, 1922” the words “Income Tax Ordinance” shall be substituted; (4) \tfor section 6 the following shall be substituted, namely:- “6. \tExclusion of assets and debts outside Bangladesh.- In computing the net wealth of an individual or a Hindu undivided family not resident in Bangladesh during the year ending on the valuation date- (a) \tthe value of the assets an debts located outside Bangladesh; and (b) \tthe value of the assets in Bangladesh represented by any loans or debts owing to the assessee in any case where the interest, if any, payable on such loans or debts is exempt from tax under a notification issued under clause (b) of sub-section (4) of section 44 of the Income Tax Ordinance, shall not be taken into account. Explanation.-An individual or a Hindu undivided family shall be deemed to be not resident in Bangladesh during the year ending on the valuation date if in respect of that year the individual or the Hindu undivided family, as the case may be, is not resident in Bangladesh within the meaning of the Income Tax Ordinance.”; (5) in section 7, in sub-section (2), in clause (b), for the words “taxable territories”, wherever occurring, the word “Bangladesh” shall be substituted; (6) \tin section 8, in sub-section (1), for the words “Income-tax Act”, wherever occurring, the words “Income Tax Ordinance” shall be substituted; (7) \tin section 22, for the words “taxable territories”, wherever occurring, the word “Bangladesh” shall be substituted; (8) \tin section 23, in sub-section (1), in clause (f), for the words, brackets and figures “sub-section (1) of section 46 of the Income-tax Act” the words, brackets and figures “sub-section (1) of section 137 of the Income Tax Ordinance” shall be substituted; (9) \tin section 24, in sub-section (11),- (a) \tfor the words, brackets, figures, comma and letter “sub-sections (5), (7) and (8) of section 5A of the Income-tax Act” the words, figures and comma “sections 12, 13 and 15 of the Income Tax Ordinance” shall be substituted; (b) \tfor the words “Income-tax Act” occurring at the end the words “Income Tax Ordinance” shall be substituted; (10) \tin section 31, in sub-section (2), for the words “taxable territories”, wherever occurring, the word “Bangladesh” shall be substituted; (11) \tin section 31A, for the words, figures, letter, comma and brackets “section 43A of the Income-tax Act, 1922 (XI of 1922)” the words “section 98 of the Income Tax Ordinance” shall be substituted; (12) \tfor section 32, the following shall be substituted, namely:- “32. \tMode of recovery.- The provisions of sections 134, 137, 138, 139, 140, 141, 142 and 143 of the Income Tax Ordinance shall apply as if the said provisions were provisions of this Act and referred to Wealth-tax and sums imposed by way of penalty under this Act, instead of to income tax and sums imposed by way of penalty under that Ordinance, and to Deputy Commissioner of Taxes and Commissioner of taxes under this Act instead of to Deputy Commissioner of Taxes and Commissioner of Taxes under that Ordinance.”; (13) for section 42 the following shall be substituted, namely:- “42. \tProhibition of disclosure of information.-(1) Subject to the provisions contained in sub-section (2), the provisions of sections 163, 168 and sub-section (1) of section 169 of the Income Tax Ordinance shall apply to all accounts or in relation to statements, documents, evidence or affidavits given, produced or obtained in connection with or in the course of any proceeding under this Act as they apply to or in relation to similar particulars under that Ordinance. (2) \tNothing contained in sections 163 and 168 of the Income Tax Ordinance shall apply to the disclosure of any such particulars as are referred to in sub-section (1) to any person acting in the execution of this Act or the Income Tax Ordinance or the Gift-tax Act, 1963 (XIV of 1963), where it is necessary or desirable to disclose the same to him for the purpose of this Act or of the other Act and the Ordinance aforesaid.”.",
"name": "Amendment of Act XV of 1963",
"related_acts": "",
"section_id": 7
},
{
"act_id": 675,
"details": "8. In the Customs Act, 1969 (IV of 1969), in the First Schedule,- (a) \tagainst Tariff Heading No. 84.11 in column (1), in column (3), for the figure “50%”, wherever occurring, the figure “100%” shall be substituted; (b) \tagainst Tariff Heading No. 87.10 in column (1), in column (3), for the figure “100%” the figure “150%” shall be substituted.",
"name": "Amendment of Act IV of 1969",
"related_acts": "354",
"section_id": 8
},
{
"act_id": 675,
"details": "9. In the Finance Act, 1980 (XXIII of 1980), in section 12,- (a) \tafter sub-section (1), the following new sub-section shall be inserted with effect on and from the 1st day of August, 1984, namely:- “(1A) Subject to the provisions of sub-section (2), there shall be levied and collected Foreign Travel Tax on all foreign travels by land or sea by Bangladeshi nationals and Bangladeshis having permanent residence or owning properties or business in Bangladesh or enjoying other facilities not available to foreign nationals, at the rate of fifty taka per traveller by land and two hundred taka per traveller by sea.”; (b) \tin sub-section (2), for clause (v) the following shall be substituted, namely:- “(v) return tickets purchased abroad in foreign currency subject to the condition that journey in respect of such tickets also originate from abroad.”.",
"name": "Amendment of Act XXIII of 1980",
"related_acts": "604",
"section_id": 9
},
{
"act_id": 675,
"details": "10. In the Sales Tax Ordinance, 1982 (XVIII of 1982), after section 5 the following new sections shall be inserted, namely:- “5A. Power to deliver certain goods without payment of duty and to repay duty on certain goods.- Subject to such conditions, limitations or restrictions as it thinks fit to impose, the Board may, in such general cases as may be prescribed by rules or in particular cases by special order, authorise delivery of goods without payment of sales tax or to repay sales tax on certain goods in accordance with the provisions of section 21 of the Customs Act, 1969 (IV of 1969). 5B. Refund to be claimed within four months.– (1) No refund of any sales tax claimed to have been paid or over-paid through inadvertence, error or misconstruction shall be allowed, unless such claim is made within four months of the date of payment. (2) \tIn the case of provisional payments of sales tax made along with section 81 of the Customs Act, 1969 (IV of 1969), the said period of four months shall be reckoned from the date of the adjustment of sales tax after its final assessment. 5C. Drawback of the export on imported goods.- Subject to the conditions laid down in Chapter VI of the Customs Act, 1969 (IV of 1969), when any goods, capable of being easily identified which have been imported into Bangladesh and upon which sales tax has been paid on importation, are exported to any place outside Bangladesh or as provisions or stores for use on board a conveyance proceeding to a foreign territory, whole of the sales tax shall be repaid as drawback. 5D.\tDrawback on goods taken into use between importation and exportation.- Notwithstanding anything contained in section 5C, the repayment of sales tax as drawback in respect of goods which have been taken into use between their importation and subsequent exportation shall be made in accordance with the provisions of the rules made in that behalf. 5E. Drawback on goods used in the manufacture of goods which are exported.-Where it appears to the Board that in respect of goods of any class or description manufactured in Bangladesh and exported to any place outside Bangladesh, a drawback of sales tax should be allowed on any imported goods of a class or description used in the manufacture of such exported goods, the Board may, by notification in the official Gazette, direct that drawback shall be allowed in respect of such imported goods to such extent and subject to such conditions as may be provided in rules. 5F. When no drawback allowed.- Notwithstanding anything contained in section 5B, 5C and 5D, no drawback shall be allowed under the conditions laid down in section 39 of the Customs Act, 1969 (IV of 1969).”.",
"name": "Amendment of Ordinance XVIII of 1982",
"related_acts": "354,354,354,354",
"section_id": 10
},
{
"act_id": 675,
"details": "11. Shop tax.- Omitted by section 13 of অর্থ আইন, ১৯৮৯ (১৯৮৯ সনের ৩৬ নং আইন)।",
"name": "Omitted",
"related_acts": "732",
"section_id": 11
},
{
"act_id": 675,
"details": "12. (1) Subject to the provisions of sub-sections (2), (3), (4) and (5) in making any assessment for the year beginning on the first day of July, 1984, income tax shall be charged at the rates as specified in the Third Schedule. (2) In making any assessment for the year beginning on the first day of July, 1984,- (a) \twhere the total income of an assessee, not being a company, includes any income chargeable under the head “Salaries” or any income chargeable under the head “Interest on securities”, the income tax payable by the assessee on that part of his total income which consists of such inclusion shall be an amount bearing to the total amount of income tax payable according to the rates applicable under the operation of the Finance Ordinance, 1983 (XXVII of 1983), on his total income, the same proportion as the amount of such inclusion bears to his total income; and (b) \twhere the total income of a company includes any profits and gains from Life Insurance business, the income tax payable by the company shall be reduced by an amount equal to 12.5 per cent of that part of its total income which consists of such inclusion. (3) In making any assessment for the year beginning on the first day of July, 1984, where the assessee is a co-operative society, the tax shall be payable at the rate specified in paragraph A or B (i) (d) of the Third Schedule, whichever treatment is more beneficial to the assessee: Provided that in calculating for the purpose of this sub-section, the amount of income tax at the rates specified in paragraph A of the Third Schedule, no deduction in respect of any allowance or sums referred to in the proviso to the said paragraph shall be made. (4) (a) In making any assessment for the year beginning on the first day of July, 1984, where the total income of an assessee other than a company not registered in Bangladesh, includes any profits and gains derived from the export of goods out of Bangladesh, income tax payable by him in respect of such profits and gains shall, subject to the provisions of clauses (b) and (c), be reduced by an amount computed in the manner specified hereunder:- Amount. (i) \tWhere the goods exported abroad had not been manufactured by the assessee who exported them:\t30 per cent of the income tax attributable to export sales. (a) \tand where the export sales during the relevant year exceed the export sales of the preceding year;\tplus and additional 1 per cent for every increase of 10 per cent in export sales over those of the preceding year subject to an overall maximum of 40 per cent. (b) \tand where the export sales during the relevant year do not exceed the export sales of the preceding year;\tminus 1 per cent for every decrease of 10 per cent in export sales from those of the preceding year subject to an overall minimum of 20 per cent. (ii) \tWhere the goods exported had been manufactured by the assessee who had exported them: (a) \twhere the export sales do not exceed 10 per cent of the total sales:\tNil. (b) \twhere the export sales exceed 10 per cent but do not exceed 20 per cent of the total sales:\t30 per cent of the income tax attributable to export sales. (c) \twhere the export sales exceed 20 per cent but do not exceed 30 per cent, of the total sales:\t40 per cent of the Income tax attributable to export sales. (d) \twhere the export sales exceed 30 per cent but do not exceed 40 per cent of the total sales:\t50 per cent of the income tax attributable to export sales. (e) \twhere the export sales exceed 40 per cent of the total sales:\t60 per cent of the income tax attributable to export sales: gency against its procurement programme in foreign exchange (b) \tNothing contained in clause (a) shall apply in respect of the following goods or classes of goods, namely:- (i) \ttea; (ii) \traw jute; (iii) \tJute manufactures; (iv) \traw hides and skin and wet-blue leather; (v) \tsuch other goods as may be notified by the National Board of Revenue from time to time. (c) \tThe National Board of Revenue may make rules providing for the computation of profits and the tax attributable to export sales and for such other matters as may be necessary to give effect to the provisions of this sub-section. (5) In cases to which the Second Schedule of the Income Tax Ordinance, 1984 (XXXVI of 1984), applies the tax chargeable shall be determined as provided in that Schedule but with reference to the rates imposed by sub-section (1), and in accordance where applicable, with the provisions of sub-section (2). (6) For the purpose of making deduction of tax under Chapter VII of the Income Tax Ordinance, 1984 (XXXVI of 1984), the rates specified in the Third Schedule shall apply as respects the year beginning on the first day of July, 1984, and ending on the thirtieth day of June, 1985. (7) For the purposes of this section and of the rates of tax imposed thereby, the expression “total income” means total income as determined for the purpose of income tax in accordance with the provisions of the Income Tax Ordinance, 1984 (XXXVI of 1984).",
"name": "Income tax",
"related_acts": "643",
"section_id": 12
}
],
"text": "An Ordinance to give effect to the financial proposals of the Government and to amend certain laws. WHEREAS it is expedient to make provisions to give effect to the financial proposals of the Government and to amend certain laws for the purpose hereinafter appearing; NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 676,
"lower_text": [
"1 Throughout this Ordinance the word “Director-General” was substituted for the word “Director” by section 6 of the Bangladesh Fisheries Research Institute (Amendment) Act, 1996 (Act No. X of 1996)",
"2 The words “and commencement” were added by section 2 of the Bangladesh Fisheries Research Institute (Amendment) Act, 1996 (Act No. X of 1996).",
"3 Clause (bb) was inserted by section 3 of the Bangladesh Fisheries Research Institute (Amendment) Act, 1996 (Act No. X of 1996).",
"4 Sections 5, 5A and 5B were substituted for former section 5 by section 4 of the Bangladesh Fisheries Research Institute (Amendment) Act, 1996 (Act No. X of 1996"
],
"name": "The Fisheries Research Institute Ordinance, 1984",
"num_of_sections": 21,
"published_date": "14th July, 1984",
"related_act": [
676,
805
],
"repelled": true,
"sections": [
{
"act_id": 676,
"details": "1. (1) This Ordinance may be called the Fisheries Research Institute Ordinance, 1984. (2) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint.",
"name": "Short title and commencement",
"related_acts": "676",
"section_id": 1
},
{
"act_id": 676,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a) “Board” means the Board of Governors of the Institute; (b) “Chairman” means the Chairman of the Board; 3 (bb) “Council” means বাংলাদেশ কৃষি গবেষণা কাউন্সিল established by বাংলাদেশ কৃষি গবেষণা কাউন্সিল আইন, ১৯৯৬ (১৯৯৬ সনের ৭ নং আইন ); (c) “Institute” means the Fisheries Research Institute established under section 3; (d) “Member” means a member of the Board; and (e) “prescribed” means prescribed by rules or regulations made under this Ordinance.",
"name": "Definitions",
"related_acts": "805",
"section_id": 2
},
{
"act_id": 676,
"details": "3. (1) There shall be an Institute to be called the Fisheries Research Institute for carrying out the purposes of this Ordinance. (2) The Institute shall be a body corporate, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and shall by the said name sue and be sued.",
"name": "Establishment of the Institute",
"related_acts": "",
"section_id": 3
},
{
"act_id": 676,
"details": "4. Subject to the rules and regulations made under this Ordinance, the general direction, administration and supervision of the affairs of the Institute shall vest in a Board of Governors which may exercise all powers and do all acts and things that may be exercised or done by the Institute.",
"name": "General direction",
"related_acts": "",
"section_id": 4
},
{
"act_id": 676,
"details": "4 5. Notwithstanding anything contained in this Ordinance, the Institute, or any of its functionaries shall, in relation to the affairs of the Institute, ensure that- (a) any direction issued by the Council under or in pursuance of the provisions of section 8 or 14 of বাংলাদেশ কৃষি গবেষণা কাউন্সিল আইন, ১৯৯৬ (১৯৯৬ সনের ৭ নং আইন ) is complied with; and (b) any recommendation or determination made, or advice given, by the Council under or in pursuance of the said provisions is given effect to: Provided that where, in the opinion of the Institute, it is not possible to give effect to such recommendation or advice or any part thereof,- (i) the Institute shall, without delay, communicate its opinion with reasons therefore to the Council; and (ii) the Council may, after consideration of such opinion, modify or revoke its earlier recommendation or advice, or may issue fresh recommendation or advice on the same subject: Provided further that the recommendation or advice so modified of issued afresh, as the case may be, shall be deemed to be a direction under clause (a) and shall be complied with accordingly.",
"name": "Certain directions, etc. of Council to be given effect to",
"related_acts": "805",
"section_id": 5
},
{
"act_id": 676,
"details": "5A. (1) The Board shall consist of the following members, namely:- (a) \tMinister-in-charge of the Ministry or Division dealing with fisheries and livestock, who shall also be the Chairman of the Board, ex-officio; (b) \tTwo Members of Parliament nominated by the Speaker; (c) \tSecretary of the Ministry or Division dealing with fisheries and livestock Division, who shall also be the Vice-Chairman of the Board, ex-officio; (d) \tSecretary of the Finance Division of the Ministry dealing with finance, ex officio; (e) \tThe Chief Executive of the Council, ex-officio; (f) \tVice-Chancellor, Bangladesh Agricultural University, ex-officio; (g) \tMember (Agriculture), Planning Commission, ex-officio; (h) \tDirector-General, Department of Fisheries, ex-officio; (i) \ttwo persons to be nominated by the Government from among persons engaged in research activities in the Institute; (j) \ttwo persons to be nominated by the Government from among persons having interest in fisheries development; and (k) Director-General of the Institute, who shall also be the Secretary of the Board.",
"name": "Board",
"related_acts": "",
"section_id": 6
},
{
"act_id": 676,
"details": "5B. (1) The members specified in clause (i) of section 5A shall hold office for a period of three years from the date of their nomination: Provided that such members may resign their membership in writing addressed to the Chairman. (2) A person shall cease to be a member, if he- (a) \tdies; or (b) \tbeing a member specified in clause (i) of section 5A- (i) \tresigns his membership under the provision to sub-section (1) of this section; or (ii) \this tenure expires under sub-section (1) of this section; or (iii) remains absent, without permission of the Chairman, from three consecutive meetings of the Board; or (c) \tis declared by a competent Court to be of unsound mind; or (d)\tis an undischarged insolvent; or (e) \thas been, on conviction for a criminal offence involving moral turpitude, sentenced to imprisonment for a term of not less than three months or to a fine not less than five thousand taka and unless a period of two years has elapsed since his release or realisation of the fine, as the case may be, a person so sentenced shall not be eligible to be a member.",
"name": "Tenure of membership, resignation, etc.",
"related_acts": "",
"section_id": 7
},
{
"act_id": 676,
"details": "6. The functions of the Institute shall be- (a)\tto carry out and co-ordinate fisheries research in Bangladesh; (b)\tto assist in development of more efficient and economic methods for fish production, management, processing and marketing; and (c)\tto do such other acts or things a may be considered necessary for carrying out the purposes of this Ordinance.",
"name": "Functions of the Institute",
"related_acts": "",
"section_id": 8
},
{
"act_id": 676,
"details": "7. (1) The meetings of the Board shall be held at such times and places and in such manner as may be prescribed: Provided that, until so prescribed, such meetings shall be held at such times and places as may be determined by the Chairman. (2) To constitute a quorum at a meeting of the Board, not less than five members shall be present. (3) All meetings of the Board shall be presided over by the Chairman and, in his absence, by the Vice-Chairman and, in the absence of both, by a member authorised in writing by the Chairman. (4) No act or proceeding of the Board shall be invalid or be called in question merely on the ground of any vacancy in, or any defect in the constitution of, the Board.",
"name": "Meetings of the Board",
"related_acts": "",
"section_id": 9
},
{
"act_id": 676,
"details": "8. (1) There shall be a Director-General of the Institute who shall be appointed by the Government for such period and on such terms and conditions as may be determined by it. (2) The Director-General shall be a whole time officer and the Chief executive of the Institute. (3) Subject to the provisions of this Ordinance, the Director-General shall be responsible for the efficient management of the affairs and business of the Institute and for the proper execution of the decisions of the Board. (4) The Director-General shall perform such other functions as may be assigned to him by the Board or as may be prescribed. (5) If a vacancy occurs in the office of the Director-General or if the Director-General is unable to discharge the functions of his office on account of absence, illness or any other cause, the Government shall make such arrangement for discharging the functions of the Director-General as it may consider expedient.",
"name": "Director-General",
"related_acts": "",
"section_id": 10
},
{
"act_id": 676,
"details": "9. Subject to the approval of the Government, the Institute may appoint such officers and other employees as it considers necessary for the efficient performance of its functions on such terms and conditions as may be prescribed.",
"name": "Appointment of officers, etc.",
"related_acts": "",
"section_id": 11
},
{
"act_id": 676,
"details": "10. The Board may appoint such committees as it may consider necessary to assist it in the performance of its functions.",
"name": "Committees",
"related_acts": "",
"section_id": 12
},
{
"act_id": 676,
"details": "11. The Board may, by general or special order in writing, direct that such of its powers shall, in such circumstances and under such conditions, if any, as may be specified in the order, be exercisable also by the Chairman or the Director or by such other member or by such officer of the Institute as may be so specified: Provided that no power to make regulations under section 19 shall be delegated under this section.",
"name": "Delegation of powers",
"related_acts": "",
"section_id": 13
},
{
"act_id": 676,
"details": "12. (1) The funds of the Institute shall comprise – (a)\tgrants made by the Government; (b)\tgrants from the local authorities; (c)\tloans obtained from the Government or, with the prior approval of the Government, from the local authorities; (d)\tsale proceeds and royalties accruing from the property owned by the Institute; (e)\treceipts from any other source. (2) The funds of the Institute shall be kept in a nationalised commercial bank or in such other scheduled bank as the Government may determine.",
"name": "Funds of the Institute",
"related_acts": "",
"section_id": 14
},
{
"act_id": 676,
"details": "13. The Institute shall, by such date in each year as may be specified by the Government, submit to the Government for approval a budget for each financial year showing the estimated receipts and expenditures and the sums which are likely to be required from the Government during that financial year.",
"name": "Budget of the Institute",
"related_acts": "",
"section_id": 15
},
{
"act_id": 676,
"details": "14. (1) The Institute shall maintain its accounts in such manner and form as may be prescribed. (2) The accounts of the Institute shall be audited by the Comptroller and Auditor-General of Bangladesh, hereinafter in this section referred to as the Auditor-General, in such manner as he deems fit. (3) For the purpose of an audit under sub-section (2), The Auditor-General or any person authorised by him in this behalf shall have access to all records, books, documents, cash, securities, stores and other property of the Institute and may examine the Chairman or any member or any officer or employee of the Institute. (4) The Auditor-General shall, as soon as possible after completion of the audit, send to the Board his audit report and the Board shall forward it with its comments thereon to the Government. (5) The Institute shall take steps forthwith to remedy any defect or irregularity pointed out in the audit report.",
"name": "Audit and accounts",
"related_acts": "",
"section_id": 16
},
{
"act_id": 676,
"details": "15. (1) The Institute shall, as soon as possible after the end of every financial year, submit to the Government an annual report on the conduct of its affairs for that year. (2) The Government may require the Institute to furnish any report, return, statement, estimate, statistics or other information regarding any matter under the control of the Institute and the Institute shall comply with every such requisition.",
"name": "Submission of annual report, etc.",
"related_acts": "",
"section_id": 17
},
{
"act_id": 676,
"details": "16. (1) Notwithstanding anything contained in any other law for the time being in force or in any regulation, resolution, agreement, contract or other instrument, on the commencement of this Ordinance- (a) \tthe Fisheries Research Station, Chandpur, the Freshwater Aquaculture Research Station, Mymensingh, the Marine Fisheries and Fisheries Technological Research Station, Chittagong, the Mariculture and Coastal Aquaculture Research Station, Cox's Bazar, hereinafter referred to as the said research stations, shall cease to exist; (b) \tsuch assets and properties, movable or immovable, used by or for the purposes of the said research stations as are specified by the Government by order in writing shall, unless otherwise directed by the Government, stand transferred to, and vest in, the Institute; (c)\tsuch officers and other employees in the said research stations as are specified by the Government by order in writing shall stand transferred to the Institute and shall serve the Institute on the same terms and conditions as were applicable to them immediately before such transfer: Provided that the Institute may, with the approval of the Government, alter such terms and conditions: Provided further that if the terms and conditions so altered are disadvantageous to any officer or employee, such officer or employee may opt to revert to his original post or service. (2) The Government may, for the purpose of removing any difficulty in relation to the transfer and other matter specified in sub-section (1), make such orders as it may consider expedient and any such order shall be deemed to be given effect to as part of the provisions of this Ordinance.",
"name": "Certain research stations to cease to exist, etc.",
"related_acts": "",
"section_id": 18
},
{
"act_id": 676,
"details": "17. No suit, prosecution or other legal proceedings shall lie against the Board, the Chairman, the Director or any member or any officer or employee of the Institute for anything done or intended to be done in good faith under this Ordinance.",
"name": "Indemnity",
"related_acts": "",
"section_id": 19
},
{
"act_id": 676,
"details": "18. The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 20
},
{
"act_id": 676,
"details": "19. (1) The Board may make regulations, not inconsistent with this Ordinance or rules made thereunder, to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this Ordinance. (2) All regulations made under this section shall be published in the official Gazette and shall come into force on such publication.",
"name": "Power to make regulations",
"related_acts": "",
"section_id": 21
}
],
"text": "An Ordinance to provide for the establishment of a Fisheries Research Institute.1♣ WHEREAS it is expedient to provide for the establishment of a Fisheries Research Institute and for matters connected therewith; NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 677,
"lower_text": [],
"name": "The Districts (Extension to the Chittagong Hill-tracts) Ordinance, 1984",
"num_of_sections": 4,
"published_date": "5th December, 1984",
"related_act": [
1,
75,
677
],
"repelled": true,
"sections": [
{
"act_id": 677,
"details": "1. (1) This Ordinance may be called the Districts (Extension to the Chittagong Hill-tracts) Ordinance, 1984. (2) It shall be deemed to have come into force on the 18th April, 1981.",
"name": "Short title and commencement",
"related_acts": "677",
"section_id": 1
},
{
"act_id": 677,
"details": "2. In this Ordinance, the expression “Chittagong Hill-tracts” means the area known by that name as existing on the first day of January, 1936.",
"name": "Definition",
"related_acts": "",
"section_id": 2
},
{
"act_id": 677,
"details": "3. The Districts Act, 1836 (XXI of 1836), shall apply to the Chittagong Hill-tracts.",
"name": "Application of Act XXI of 1836 to the Chittagong Hill-tracts",
"related_acts": "1",
"section_id": 3
},
{
"act_id": 677,
"details": "4. The new districts of Bandarban and Khagrachari created in the Chittagong Hill-tracts under the Code of Criminal Procedure, 1898 (Act V of 1898), before the commencement of this Ordinance shall be deemed to have been created under the Districts Act, 1836 (XXI of 1836).",
"name": "Validation",
"related_acts": "75,1",
"section_id": 4
}
],
"text": "An Ordinance to extend the Districts Act, 1836, to the Chittagong Hill-tracts. WHEREAS it is expedient to extend the Districts Act, 1836 (XXI of 1836), to the Chittagong Hill-tracts; NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers, enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 678,
"lower_text": [
"1 The word “City” was substituted for the word “Municipal” by section 6 of the Local Government Laws (Amendment) Act, 1990 (Act No. LVI of 1990).",
"2 The word “City” was substituted for the word “Municipal” by section 6 of the Local Government Laws (Amendment) Act, 1990 (Act No. LVI of 1990).",
"3 Clause (14) was omitted by section 2 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).",
"4 The word “City” was substituted for the word “Municipal” by section 6 of the Local Government Laws (Amendment) Act, 1990 (Act No. LVI of 1990).",
"5 Section 3A was inserted by section 2 of the Khulna City Corporation (Amendment) Act, 2004 (Act No. XX of 2004).",
"6 Section 4 was substituted by section 2 of the Khulna City Corporation (Amendment) Act, 1999 (Act No. III of 1999).",
"7 Section 6 was substituted by section 2 of the Khulna City Corporation (Amendment) Act, 1992 (Act No. VI of 1992).",
"8 The colon (:) was substituted for the full-stop (.) and thereafter the proviso was added by section 6 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).",
"9 The words and commas “Commissioners, other than commissioners of reserved seats,” were substituted for the words “elected Commissioners” by section 6 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).",
"10 The commas and words “, other than commissioners of reserved seats,” were omitted by section 3 of the Khulna City Corporation (Amendment) Act, 1999 (Act No. III of 1999).",
"11 The word “elected” was omitted by section 6 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).",
"12 1. The words “Oath of office” were substituted for the words “Oath of Commissioners” by section 7 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).",
"13 Sub-section (1) was substituted by section 7 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).",
"14 The words and commas “The Mayor and every Commissioner, other than official Commissioner, shall, before entering upon his office or taking his seat,” were substituted for the words and commas “Every Commissioner, other than official Commissioners, shall, before taking his seat,” by section 6 of the Khulna Municipal Corporation (Amendment) Ordinance, 1986 (Ordinance No. LV of 1986).",
"15 The commas and words “, other than official Commissioner,” were omitted by section 9 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).",
"16 Section 9 was substituted by section 10 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).",
"17 Section 10 was substituted by section 11 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).",
"18 The words “as Mayor and Commissioner” were substituted for the words “and nomination as Commissioner” by section 12 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).",
"19 The words “as Mayor or a Commissioner” were substituted for the words “or nominated as a Commissioner” by section 12 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).",
"20 The words “as Mayor or” were substituted for the words “or nominated as” by section 12 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).",
"21 The semi-colon (;) was substituted for the full-stop (.) and thereafter clause (g) and the explanation were inserted by section 7 of the Local Government Laws (Amendment) Act, 1987 (Act No. XXIII of 1987).",
"22 The semi-colon (;) was substituted for the full-stop (.) and thereafter clause (h) was added by section 6 of the Local Government Laws (Amendment) Act, 1990 (Act No. LVI of 1990).",
"23 Clauses (h) and (i) were substituted for former clause (h) by section 12 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).",
"24 Sub-sections (2A) and (2B) were inserted by section 12 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).",
"25 Sub-section (4) was added by section 12 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).",
"26 The words “office of Mayor and seat of Commissioner” were substituted for the words “seats of Commissioners and offices of Mayor and Deputy Mayor” by section 13 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993)",
"27 The words “office of Mayor and seat of a Commissioner” were substituted for the words and commas “seat of a Commissioner, other than an official Commissioner,” by section 13 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993)",
"28 The words “the Mayor or a Commissioner” were substituted for the words “a Commissioner” by section 13 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993)",
"29 The words “the Mayor or the Commissioner” were substituted for the words “the Commissioner” by section 13 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993)",
"30 The words “the Mayor or the Commissioner” were substituted for the words “the Commissioner” by section 13 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993)",
"31 The words “the Mayor or a Commissioner” were substituted for the words “a Commissioner” by section 13 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993)",
"32 Sub-section (4) was substituted by section 13 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993)",
"33 The words and commas “or a nomination, as the case may be,” were omitted by section 14 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).",
"34 The words “or made” were omitted by section 14 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).",
"35 The words “or nominated” were omitted by section 14 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).",
"36 The words “Mayor or” were omitted by section 10 of the Khulna Municipal Corporation (Amendment) Ordinance, 1986 (Ordinance No. LV of 1986).",
"37 The word “Deputy” was omitted by section 14 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).",
"38 The words “ninety days” were substituted for the words “one month” by section 14 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).",
"39 The words “Mayor and” were omitted by section 11 of the Khulna Municipal Corporation (Amendment) Ordinance, 1986 (Ordinance No. LV of 1986)",
"40 The word “Deputy” was omitted by section 15 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993)",
"41 The words “Mayor and the” were omitted by section 11 of the Khulna Municipal Corporation (Amendment) Ordinance, 1986 (Ordinance No. LV of 1986)",
"42 The word “Mayor” was substituted for the words “Deputy Mayor” by section 15 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993)",
"43 Section 17 was substituted by section 16 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).",
"44 Section 18 was substituted by section 5 of the Khulna City Corporation (Amendment) Act, 1999 (Act No. III of 1999).",
"45 Section 20A was inserted by section 6 of the Khulna City Corporation (Amendment) Act, 1999 (Act No. III of 1999)",
"46 Section 22 was substituted by section 19 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).",
"47 Section 22A was inserted by section 20 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).",
"48 The commas and words “, other than Commissioners in reserved seats,” were omitted by section 7 of the Khulna City Corporation (Amendment) Act, 1999 (Act No. III of 1999).",
"49 The words and commas “elections of Mayor and Commissioners, other than the Commissioners in reserved seats,” were substituted for the words “elections of Commissioners” by section 21 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).",
"50 The words and commas “, other than the Commissioners in reserved seats,” were omitted by section 8 of the Khulna City Corporation (Amendment) Act, 1999 (Act No. III of 1999).",
"51 The words “Mayor and Commissioners” were substituted for the word “Commissioners” by section 22 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).",
"52 The words and commas “Mayor and Commissioners, other than Commissioners in reserved seats,” were substituted for the words “Commissioners” by section 22 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).",
"53 The words and commas “, other than Commissioners in reserved seats,” were omitted by section 9 of the Khulna City Corporation (Amendment) Act, 1999 (Act No. III of 1999).",
"54 Section 27A was inserted by section 24 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).",
"55 The words “the Deputy Mayor or” were omitted by section 23 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).",
"56 The words “or the Deputy Mayor” were omitted by section 25 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).",
"57 The words and figure “the Commissioner authorised by the Mayor under section 17” were substituted for the words “the Deputy Mayor” by section 26 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993)",
"58 The words and figure “by the Commissioner authorised by the Mayor under section 17” were substituted for the words “by the Deputy Mayor” by section 26 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993)",
"59 Sub-section (7) was added by section 26 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993)",
"60 The words “and the Deputy Mayor” were omitted by section 27 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).",
"61 The words “one thousand seven hundred twenty five Taka” were substituted for the words “one thousand taka” by section 28 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).",
"62 The comma and word “, pension” was omitted by section 6 of the Local Government Laws (Amendment) Act, 1988 (Act No. VIII of 1988).",
"63 The words “pension and” were omitted by section 6 of the Local Government Laws (Amendment) Act, 1988 (Act No. VIII of 1988).",
"64 The words “pension or” were omitted by section 6 of the Local Government Laws (Amendment) Act, 1988 (Act No. VIII of 1988).",
"65 Clause (ff) was inserted by section 6 of the Local Government Laws (Amendment) Act, 1988 (Act No. VIII of 1988).",
"66 The words and comma “the Deputy Mayor,” were omitted by section 29 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).",
"67 The words and comma “the Deputy Mayor,” were omitted by section 30 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).",
"68 The words and comma “the Deputy Mayor,” were omitted by section 30 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).",
"69 The word “or” was added and thereafter clause (e) was inserted by section 31 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).",
"70 The word and comma “Mayor, ” was omitted by section 12 of the Khulna Municipal Corporation (Amendment) Ordinance, 1986 (Ordinance No. LV of 1986).",
"71 The word “Deputy” was omitted by section 31 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).",
"72 The words “by such person or authority as the Government may appoint in this behalf” were substituted for the words “by the Mayor” by section 31 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).",
"73 Section 148 was substituted by section 6 of the Local Government Laws (Amendment) Act, 1990 (Act No. LVI of 1990).",
"74 The words “or the Deputy Mayor” were omitted by section 32 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).",
"75 The words “or the Deputy Mayor” were omitted by section 33 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).",
"76 The words “or the Deputy Mayor” were omitted by section 33 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).",
"77 The words and comma “Deputy Mayor,” were omitted by section 34 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).",
"78 The comma and words “, the Deputy Mayor” were omitted by section 34 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).",
"79 Section 167A was inserted by section 3 the Khulna City Corporation (Amendment) Act, 2004 (Act No. XX of 2004)"
],
"name": "The Khulna City Corporation Ordinance, 1984",
"num_of_sections": 178,
"published_date": "10th December, 1984",
"related_act": [
288,
417,
289,
549,
518,
103,
619,
702,
24,
377,
285,
286,
287
],
"repelled": true,
"sections": [
{
"act_id": 678,
"details": "1. This Ordinance may be called the Khulna 1City Corporation Ordinance, 1984.",
"name": "Short title",
"related_acts": "",
"section_id": 1
},
{
"act_id": 678,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (1) \t“annual letting value” means the annual rent at which a building or land exclusive of furniture or machinery contained or situate therein or thereon may reasonably be expected to be let from year to year, and shall include all payments made or agreed to be made by a tenant to the owner of the building or land on account of occupation, taxes, insurance or other charges incidental to the occupancy; (2) \t“budget” means an official statement of the income and expenditure of the Corporation for a financial year; (3) \t“building” includes any shop, house, hut, outhouse, shed, stable or enclosure built of any material and used for any purpose, and also includes a wall, well, verandah, platform, plinth and steps; (4) \t“building-line” means a line beyond which the outer lace or any part of an external wall of a building may not project in the direction of any street, existing or proposed; (5) \t“by-laws” means by-laws made under this Ordinance; (6) \t“casual vacancy” means a vacancy occurring otherwise than by efflux of time; (7) \t“Chief Executive Officer” means the Chief Executive Officer of the Corporation; (8) \t“City of Khulna” or “City” means the area described in the First Schedule; (9) \t“Commissioner” means a Commissioner of the Corporation; (10) \t“conservancy” means the removal and disposal of refuse; (11) \t“Corporation” means the Khulna 2City Corporation constituted under this Ordinance; (12) \t“Corporation Fund” means the fund of the Corporation; (13) \t“dairy” includes any farm, cattle-shed, cow-house, milk-store, milk-shop, or other place from where milk or milk products are supplied for sale; 3* * * (15) \t“drain” includes a sewer, a house-drain, a drain of any other description, a tunnel, a culvert, a ditch, a channel and any other device for carrying of sullage or rain water; (16) \t“drug” means any substance used as medicine or in the composition or preparation of medicine, whether for internal or external use; (17) \t“dwelling house” means any building used or adopted to be used wholly or principally for human habitation; (18) \t“Election Commission” means the Election Commission for Bangladesh; (19) \t“erect or re-erect a building” means the construction of a new building and includes such material alterations of a building as may be prescribed; (20) \t“factory” has the meaning assigned to it under the Factories Act, 1965 (E.P. Act IV of 1965); (21) \t“food” includes every article used for food or drink by human beings, other than drugs or water, and any article which ordinarily enters into or is used in the composition or preparation of human food; and also includes confectionery, flavouring and colouring matters and spices and condiments; (22) \t“function” includes powers and duties; (23) \t“improvement trust” means any body or authority, including a development authority, entrusted with the functions of town improvement; (24) \t“infectious disease” means any disease which may be transmitted from one person to another and declared as such by the Government by notification in the official Gazette; (25) \t“land” includes land which is being built upon, or is built up or is covered with water; (26) \t“market” means a place where persons assemble for the sale and purchase of any commodity; (27) \t“Mayor” means the Mayor of the Corporation; (28) \t“nuisance” includes any act, omission, place or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell or hearing or which is or may be dangerous to life or injurious to health or property; (29) \t“occupier” includes an owner in actual occupation of his own land or building and also any person for the time being paying or liable to pay to the owner the rent or any portion of the rent of the land or building in respect of which the word is used; (30) \t“owner” includes the person for the time being receiving the rent of land and building, or either of them whether on his own account or as agent or trustee for any person or society or for any religious or charitable purpose or who would so receive the same if land or building were let to a tenant; (31) \t“prescribed” means prescribed by rules made under this Ordinance; (32) \t“public place” means any building, premises or place to which the public have access; (33)\t“public street” means a street maintained by the Government; (34) \t“refuse” includes rubbish, offal, night soil, carcasses of animals, deposits of sewerage, waste and any other offensive matter; (35)\t“regulations” means regulations made under this Ordinance; (36)\t“rent” means whatever is lawfully payable in money or kind by a tenant or lessee on account of the occupation of any building or land; (37)\t“rate” means a levy specified in item numbers 13, 14, 15 and 16 of the Second Schedule; (38)\t“rules” means rules made under this Ordinance; (39)\t“street line” means a line dividing the land comprised in, and forming part of, a street from the adjoining land; (40)\t“sullage” includes sewerage, polluted water, rain water, and any other offensive matter carried by a drain; (41)\t“tax” includes any toll, cess, fee or other impost leviable under this Ordinance; (42)\t“vehicle” means a wheeled conveyance capable of being used on a street; (43)\t“water work” includes a lake, stream, spring, well, pump, reservoir, cistern, tank, duct, sluice, pipe, culvert, engine and other appliances and anything for supplying or used for supplying water; and (44)\t“ward” means a ward delimited for the purpose of election of a Commissioner.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 678,
"details": "3. (1) There shall be constituted, in accordance with the provisions of this Ordinance, for the City of Khulna a Corporation to be called the Khulna 4City Corporation. (2) The Corporation shall be a body corporate, having perpetual succession and a common seal, with powers, subject to the provisions of this Ordinance and the rules, to acquire, hold and dispose of property, both movable and immovable, and shall by the said name sue and be sued.",
"name": "Constitution of the Corporation",
"related_acts": "",
"section_id": 3
},
{
"act_id": 678,
"details": "53A. The Corporation area shall be an administrative unit of the Republic for the purpose of Article 59 of the Constitution of the People's Republic of Bangladesh.",
"name": "Corporation area to be an administrative unit",
"related_acts": "",
"section_id": 4
},
{
"act_id": 678,
"details": "64. (1) The Corporation shall consist of - (a) \ta Mayor; (b) \tsuch number of Commissioners as may be fixed by the Government; and (c) \tsuch number of Commissioners as are reserved exclusively for women under sub section (3). (2) The Mayor and the Commissioners shall be elected by direct election on the basis of adult franchise in accordance with the provisions of this Ordinance and the rules. (3) There shall be reserved, exclusively for women, such number of seats, hereinafter referred to as reserved seats, as is equivalent to one third of the number of Commissioners fixed by the Government under clause (b) of sub section (1). Explanation. In calculating the number of reserved seats under this sub section, if the number comprises a fraction of less than point five zero such fraction shall be ignored, and if the number comprises a fraction of point five zero or above such fraction shall be rounded off as a whole number. (4) Nothing in this section shall prevent a woman from being elected as a Commissioner specified in clause (b) of sub section (1). (5) The Mayor shall be deemed to be a Commissioner.",
"name": "Composition",
"related_acts": "",
"section_id": 5
},
{
"act_id": 678,
"details": "4A. Mayor.- Omitted by section 4 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993), which was inserted by section 2 of the Khulna Municipal Corporation (Amendment) Ordinance, 1986 (Ordinance No. LV of 1986).",
"name": "Omitted",
"related_acts": "",
"section_id": 6
},
{
"act_id": 678,
"details": "5. Deputy Mayor.- Omitted by section 5 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).",
"name": "Omitted",
"related_acts": "",
"section_id": 7
},
{
"act_id": 678,
"details": "76. (1) The term of the Corporation shall be a period of five years commencing on the day of its first meeting after its constitution 8: Provided that, notwithstanding the expiration of its term, the Corporation shall continue to function until the first meeting of the Corporation constituted to succeed it. (2) Notwithstanding anything contained in this Ordinance, the Corporation shall be deemed to have been duly constituted after the election of seventy five per cent of the total number of its 9Commissioners 10* * * has taken place. Explanation. For calculating the seventy five per cent of the total number of 11* * * Commissioners, less than point five zero per cent shall be ignored and point five zero and above per cent shall be rounded off into a whole number.",
"name": "Term of the Corporation, etc.",
"related_acts": "",
"section_id": 8
},
{
"act_id": 678,
"details": "7. 13(1) The Mayor and every Commissioner shall, before taking his office or seat, as the case may be, make and subscribe, in the presence of such person as the Government may direct, an oath or affirmation in the following form, namely:- “I, ................................................................................................. having been elected Mayor/Commissioner of the Khulna City Corporation do solemnly swear/affirm that I will bear true faith and allegiance to Bangladesh and that I will faithfully discharge the duties upon which I am about to enter.” (2) If a person sits or votes as a Commissioner before he makes or subscribes the oath or affirmation under sub-section (1), he shall be liable in respect of each day on which he so sits or votes to a penalty of one hundred Taka to be recovered as an arrear of tax under this Ordinance.",
"name": "Oath of office",
"related_acts": "",
"section_id": 9
},
{
"act_id": 678,
"details": "7A. Oath of Mayor.- omitted by section 8 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993), which was inserted by section 5 of the Khulna Municipal Corporation (Amendment) Ordinance, 1986 (Ordinance No. LV of 1986).",
"name": "Omitted",
"related_acts": "",
"section_id": 10
},
{
"act_id": 678,
"details": "8. 14The Mayor and every Commissioner 15* * * shall, before entering upon his office or taking his seat, submit to the Government in such manner as the Government may direct, a declaration in writing of properties, both movable and immovable, whether within or outside Bangladesh, which he or any member of his family owns, or which he has in his possession or under his control, or in which he or any member of his family has any beneficial interest. Explanation.- In this section, “member of his family”, in relation to a person, includes- (a) \tthe spouse of such person, and (b) \tsuch of the children, parents, brothers and sisters as are residing with, and are wholly dependent upon, such person.",
"name": "Declaration of properties",
"related_acts": "",
"section_id": 11
},
{
"act_id": 678,
"details": "169. (1) The Mayor may resign his office by writing under his hand addressed to the Government. (2) A Commissioner may resign his seat by writing under his hand addressed to the Mayor. (3) A resignation under sub section (1) or sub section (2) shall become effective on the date on which the notice of resignation is received by the addressee.",
"name": "Resignation of Mayor and Commissioners",
"related_acts": "",
"section_id": 12
},
{
"act_id": 678,
"details": "1710. (1) The Mayor or a Commissioner shall render himself liable to removal from his office or seat, as the case may be, if- (a) \the, without reasonable excuse, absents himself from three consecutive meetings of the Corporation; or (b) \the is involved in any activity prejudicial to the interest of the Corporation or of the state or is convicted for any offence relating to corruption or misconduct; or (c) \the refuses to perform or becomes disabled from performing his functions; or (d) \the is guilty of misconduct or abuse of power or is responsible for any loss or misapplication of money or property of the Corporation. Explanation. In this sub section, “misconduct” means misuse of power, corruption, jobbery, favouritism, nepotism and wilful maladministration and includes any attempt at, or abetment of, such misconduct. (2) The Mayor or a Commissioner shall not be removed from his office or seat, as the case may be, on any ground mentioned in sub section (1), unless, after such inquiry as may be considered necessary, the Government declares, by an order in writing, that he is liable to be so removed: Provided that no such declaration shall be made unless the Mayor or Commissioner concerned has been given a reasonable opportunity of showing cause against the declaration proposed to be made with respect to him. (3) The Mayor or the Commissioner shall stand removed from his office or seat, as the case may be, as soon as a declaration under sub section (2) is made and approved by the President. (4) Notwithstanding anything contained in any other provisions of this Ordinance, a person, who has been removed from his office or seat, as the case may be, under this section shall not, during the unexpired period of the term of the Corporation, be eligible for election to such office or seat.",
"name": "Removal of Mayor and Commissioners",
"related_acts": "",
"section_id": 13
},
{
"act_id": 678,
"details": "11. (1) A person shall, subject to the provisions of sub-section (2), be qualified to be elected 19as Mayor or a Commissioner if- (a) \the or she is a citizen of Bangladesh; (b) \the or she has attained the age of twenty-five years of age in accordance with the existing electoral roll; (c) \this or her name appears on the electoral roll for any ward in the Corporation. (2) A person shall be disqualified for being elected 20as Mayor or a Commissioner it- (a) \the or she is declared by a competent Court to be of unsound mind; (b) \the or she is an undischarged insolvent; (c) \the or she has ceased to be a citizen of Bangladesh; (d) \the or she has been,- (i) \ton conviction for any offence, sentenced to imprisonment for a term of not less than two years; or (ii)\ton conviction for any offence relating to corruption or criminal misconduct, sentenced to imprisonment for any term, unless a period of five years or such less period as the Government may allow in any particular case, has elapsed since his or her release; (e) \the or she holds any full-time office of profit in the service of the Republic or of the Corporation or of any other local authority; or (f) \the or she is a party to a contract for work to be done for, or goods to be supplied to, the Corporation, or has otherwise any pecuniary interest in its affairs, or is a dealer, for any area within the Corporation in essential commodities appointed by the Government 21; (g) \the or she has defaulted in repaying any loan taken by him or her from any specified bank within the time allowed by the bank therefor. Explanation. For the purposes of clause (g), “specified bank” means the Sonali Bank, the Agrani Bank and the Janata Bank constituted under the Bangladesh Banks (Nationalisation) Order, 1972 (P.O. No. 26 of 1972), the Shilpa Rin Sangstha established under the Shilpa Rin Sangstha Order, 1972 (P.O. No. 128 of 1972), the Bangladesh Shilpa Bank established under the Bangladesh Shilpa Bank Order, 1972 (P.O. No. 129 of 1972), the House Building Finance Corporation established under the House Building Finance Corporation Order, 1973 (P.O. No. 7 of 1973), the Krishi Bank established under the Krishi Bank Order, 1973 (P.O. No. 27 of 1973), the Investment Corporation of Bangladesh established under the Investment Corporation of Bangladesh Ordinance, 1976 (XL of 1976), the Rajshahi Krishi Unnayan Bank established under the Rajshahi Krishi Unnayan Bank Ordinance, 1986 (LVIII of 1986), and the Rupali Bank Limited 22; 23(h) he or she is a defaulter in paying any of the tax, rate, cess, toll or fee levied under this Ordinance; (i) \the or she has been dismissed from the service of the Republic or of any local authority for misconduct involving moral turpitude and a period of five years has not elapsed since his or her dismissal. 24(2A) A person shall not, at the same time, be a candidate for election to the office of Mayor or, as the case may be, seat of Commissioner. (2B) If a person offers himself, at the same time, to be a candidate for election to the office of Mayor or seat of Commissioner, all his nomination papers shall stand void. (3) No person shall, at the same time be a Commissioner in respect of two or more wards: Provided that nothing in this sub-section shall prevent a person from being at the same time a candidate for two or more wards, but in the event of his being elected for more than one ward- (i) \twithin seven days after his last election, the person elected shall deliver to the Election Commissioner a signed declaration specifying the ward which he wishes to represent, and the seats of other wards for which he was elected shall thereupon become vacant; (ii) \tif the person elected fails to comply with clause (i), all seats for which he was elected shall fall vacant; and (iii)\tthe person elected shall not make or subscribe oath or affirmation of a Commissioner until the foregoing provisions of this proviso have been complied with. 25(4) When the office of Mayor falls vacant during the term of the Corporation, a Commissioner may contest the election to the office of Mayor, and if he is elected, his Commissionership shall cease on the date he makes the oath of office of Mayor.",
"name": "Qualifications and disqualifications for election as Mayor and Commissioner",
"related_acts": "377,417,518,702",
"section_id": 14
},
{
"act_id": 678,
"details": "12. (1) The 27office of Mayor and seat of a Commissioner shall become vacant if- (a) \the fails to make the oath referred to in section 7 within the period of thirty days after the date of publication of his name in the official Gazette, unless the Government, for good cause shown, extends the period; (b) \the resigns his seat under section 9; (c) \the is removed from his seat under section 10; (d) \the becomes subject to any of the disqualifications mentioned in section 11 (2); or (e) \the dies. (2) and (2A) Omitted by section 13 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993). (3) If any question arises as to whether 28the Mayor or a Commissioner has, after his election, become subject to any of the disqualifications mentioned in section 11(2), the Chief Executive Officer shall refer the question to the District Judge of Khulna and, if the District Judge is of the opinion that 29the Mayor or the Commissioner has become subject to any such disqualification, 30the Mayor or the Commissioner shall cease to be 31the Mayor or a Commissioner, and his seat shall become vacant, with effect from the date on which the opinion is given. 32(4) Vacation of office of the Mayor or the vacation of seat of a Commissioner shall be notified in the official Gazette.",
"name": "Vacation of office of Mayor and seat of Commissioner",
"related_acts": "",
"section_id": 15
},
{
"act_id": 678,
"details": "13. (1) Where the seat of a Commissioner becomes vacant not later than one hundred and eighty days before the term of Corporation is due to expire, an election 33* * * to fill the seat shall be held 34* * * within ninety days of the occurrence of the vacancy, and the person who is elected in such election 35* * * shall hold office for the residue of such term. (2) Where the office of 36* * * 37* * * Mayor becomes Vacant before the term of the Corporation is due to expire, an election to fill the office shall be held within 38ninety days of the occurrence of such vacancy, and the person who is elected in such election shall hold office for the residue of such term.",
"name": "Casual vacancies",
"related_acts": "",
"section_id": 16
},
{
"act_id": 678,
"details": "14. A Commissioner shall be entitled to receive a daily allowance for attending any meeting of the Corporation or of any Standing Committee or other Committee thereof at such rate as may be fixed by the Corporation with the approval of the Government.",
"name": "Allowances of Commissioners",
"related_acts": "",
"section_id": 17
},
{
"act_id": 678,
"details": "15. The 41* * * 42Mayor may be given such honorarium and other privileges as may be determined by the Corporation with the approval of the Government.",
"name": "Honorarium and other privileges of * * * * * * Mayor",
"related_acts": "",
"section_id": 18
},
{
"act_id": 678,
"details": "16. (1) The Mayor shall have full access to the records of the Corporation and may obtain report from the Chief Executive Officer or any other officer on any matter connected with municipal administration of the City. (2) A Commissioner shall have access during office hours to the records of the Corporation after giving due notice in writing to the Chief Executive Officer: Provided that if the Chief Executive Officer is of the opinion that such access should not be allowed in any case he may submit the matter to the Mayor whose decision thereon shall be final.",
"name": "Right of Mayor and Commissioners to have access to records",
"related_acts": "",
"section_id": 19
},
{
"act_id": 678,
"details": "4317. (1) When the Mayor is absent from his duties on account of illness or any other cause, a Commissioner authorised in writing by the Mayor shall perform the functions of the Mayor till the Mayor resumes his duties. (2) When the office of Mayor becomes vacant caused by resignation, removal or death, such Commissioner as may be directed by Government shall perform the functions of the Mayor till a new Mayor is elected and assumes his duties.",
"name": "Discharge of the functions of the Mayor during temporary absence and casual vacancy",
"related_acts": "",
"section_id": 20
},
{
"act_id": 678,
"details": "4418. For the purpose of election of Commissioners specified in clause (b) of sub section (1) of section 4, the delimitation officer shall divide the City into as many wards as there are number of Commissioners fixed under that clause.",
"name": "Division of the city into wards",
"related_acts": "",
"section_id": 21
},
{
"act_id": 678,
"details": "19. (1) The Election Commission may, by notification in the official Gazette, appoint from amongst persons in the service of the Republic a delimitation officer and as many assistant delimitation officers as it may deem necessary for the delimitation of wards. (2) An assistant delimitation officer shall assist the delimitation officer in the performance of his functions and may perform, under the control of the delimitation officer, the functions of the delimitation officer.",
"name": "Appointment of Delimitation officer",
"related_acts": "",
"section_id": 22
},
{
"act_id": 678,
"details": "4520A. For the purpose of election of Commissioners for reserved seats the delimitation officer shall- (a) \tat the time of division of the City into wards under section 18, simultaneously cause the number of wards fixed under that section to be grouped into as many wards as there are number of reserved seats fixed under sub-section (3) of section 4; and (b) \tin delimiting the groups under clause (a), follow the procedure laid down in section 20 as far as possible.",
"name": "Delimitation of wards for reserved seats",
"related_acts": "",
"section_id": 23
},
{
"act_id": 678,
"details": "20. (1) The wards shall be delimited having regard to territorial unity and, so far as practicable, to distribution of population. (2) The delimitation officer may, for the purpose of delimiting the wards, make such enquiries and examine such records as he may deem necessary and consider such representations as may be received by him, and shall publish in the prescribed manner a preliminary list of wards specifying the areas proposed to be included in each such ward together with a notice inviting objections or suggestions within a prescribed period. (3) The objection or suggestion, if any, received under sub-section (2) shall be disposed of in such manner as may be prescribed. (4) The delimitation officer shall make such amendments, alterations or modifications in the preliminary list published under sub-section (2) as may be required by any decision on any objection or suggestion and may also make such other amendments, alterations or modifications in the said list as may be necessary for correcting any error or omission. (5) After making amendments, alterations or modifications, if any, under sub-section (4), the delimitation officer shall publish in the prescribed manner the final list of wards specifying the areas included in each such ward.",
"name": "Delimitation of wards",
"related_acts": "",
"section_id": 24
},
{
"act_id": 678,
"details": "21. (1) There shall be an electoral roll for each ward to be prepared by the Election Commission. (2) A person shall be entitled to be enrolled on the electoral roll for a ward if he- (a) \tis a citizen of Bangladesh; (b) \tis not less than eighteen years of age; (c) \tdoes not stand declared by a competent Court to be of unsound mind; and (d) \tis or is deemed to be a resident of that ward.",
"name": "Electoral roll",
"related_acts": "",
"section_id": 25
},
{
"act_id": 678,
"details": "4622. Every person whose name is for the time being entered in the electoral roll of a ward shall be entitled to vote at an election of a Commissioner for that ward and at an election of Mayor.",
"name": "Right to vote",
"related_acts": "",
"section_id": 26
},
{
"act_id": 678,
"details": "4722A. A general election of Mayor and Commissioners 48* * * shall be held- (a) \tfor the purpose of constituting the Corporation under section 3, as soon as may be, after the commencement of this Ordinance; (b) \tfor the purpose of reconstituting the Corporation after the expiration of the term of the Corporation, within the period of one hundred and eighty days preceding such expiration; and (c) \tfor the purpose of reconstituting the Corporation after the expiration of the period of supersession of the Corporation, if any, before such expiration: Provided that the persons elected at a general election under clause (b) or (c) shall not enter upon the office as Mayor or Commissioner of the Corporation except after the expiration of the term of the Corporation or the period of supersession of the Corporation, as the case may be.",
"name": "General election of Mayor and Commissioners",
"related_acts": "",
"section_id": 27
},
{
"act_id": 678,
"details": "23. All 49elections of Mayor and Commissioners 50* * * shall be organised, held and conducted by the Election Commission in accordance with the rules, and such rules may provide for all or any of the following matters, namely:- (a) \tthe appointment of returning officers, assistant returning officers, presiding officers and polling officers for the conduct of elections and powers and duties of such officers; (b) \tthe nomination of candidates, objections to nominations and scrutiny of nominations; (c) \tthe deposits to be made by candidates and the circumstances under which such deposits may be refunded to candidates or forfeited to the Corporation; (d) \tthe withdrawal of candidatures; (e) \tthe appointment of agents of candidates; (f) \tthe procedure in contested and uncontested elections; (g) \tthe date, time and place for poll and other matters relating to the conduct of elections; (h) \tthe manner in which votes are to be given; (i) \tthe scrutiny and counting of votes, the declaration of the results and procedure to be followed in case of equality of votes; (j) \tthe custody and disposal of ballot papers and other papers relating to elections; (k) \tthe circumstances under which polls may be suspended and fresh polls may be held; (l) \tthe election expenses; (m) \tthe corrupt or illegal practices and other election offences and penalties therefore; (n) \tthe election disputes and the submission, trial and disposal of election petitions; and (o) \tany other matter connected with or incidental to elections.",
"name": "Conduct of elections",
"related_acts": "",
"section_id": 28
},
{
"act_id": 678,
"details": "24. The names of all persons elected as 52Mayor and Commissioners 53* * * shall, as soon as may be, after such election, be published by the Election Commission in the official Gazette.",
"name": "Publication of results of elections of Mayor and Commissioners",
"related_acts": "",
"section_id": 29
},
{
"act_id": 678,
"details": "25. Subject to rules and such directions as the Government may from time to time give, and within the limits of the fund at its disposal, the Corporation shall undertake such of the functions given in detail in Part-IV as are required to be undertaken by the Corporation, and may undertake- (a) \tall or any of the functions so given which may be undertaken by the Corporation; and (b) \tsuch other functions as are declared by the Government to be appropriate matters for administration by the Corporation.",
"name": "Functions of the Corporation",
"related_acts": "",
"section_id": 30
},
{
"act_id": 678,
"details": "26. Notwithstanding anything in this Ordinance, or in any other law for the time being in force, the Government may from time to time direct that, subject to such terms and conditions as may be specified in the direction,- (a) \tany institution or service maintained by the Corporation shall be transferred to the management and control of the Government; and (b) \tany institution or service maintained by the Government shall be transferred to the management and control of the Corporation.",
"name": "Transfer of functions from Corporation to Government and vice versa",
"related_acts": "",
"section_id": 31
},
{
"act_id": 678,
"details": "5427A. (1) For the purpose of better administration and proper conduct of business of the Corporation, the Government may, by order in writing, divide the City into such number of Zones as it may deem fit. (2) There shall be a Zonal office for every Zone and it shall perform such functions as may be assigned to it by the Corporation. (3) Every Zonal office shall perform its functions under the supervision and control of the Mayor and in accordance with the rules.",
"name": "Division of City into Zones",
"related_acts": "",
"section_id": 32
},
{
"act_id": 678,
"details": "27. (1) The executive powers of the Corporation shall extend to the doing of all acts necessary for the due discharge of its functions under this Ordinance. (2) Save as otherwise provided in this Ordinance and the rules, the executive powers of the Corporation shall vest in and be exercised by the Mayor, either directly or through 55* * * the Chief Executive Officer or through other officers authorised by him, in accordance with this Ordinance and the rules. (3) All acts of the Corporation, whether executive or not, shall be expressed to be taken in the name of the Corporation and shall be authenticated in the manner prescribed.",
"name": "Executive powers",
"related_acts": "",
"section_id": 33
},
{
"act_id": 678,
"details": "28. All business of the Corporation shall, to the extent and in the manner prescribed, be disposed of at its meeting, or at the meetings of its Standing Committees or by the Mayor 56* * * or by the Chief Executive Officer or other officers and employees of the Corporation.",
"name": "Disposal of business",
"related_acts": "",
"section_id": 34
},
{
"act_id": 678,
"details": "29. (1) The Corporation shall meet at least once in each month for the transaction of business. (2) The mayor or, in his absence, 57the Commissioner authorised by the Mayor under section 17 may, whenever he thinks fit, and shall, upon a requisition made in writing by not less than two-thirds of the total number of Commissioners, call a meeting of the Corporation. (3) No business of the Corporation shall be transacted at any meeting unless a quorum of one-third of the total number of Commissioners is present throughout the meeting. (4) All matters required to be decided by the Corporation shall, save as otherwise provided in this Ordinance, be decided by the majority of the votes of the Commissioners present and voting. (5) Each Commissioner shall have one vote, but in the event of an equality of votes, the person presiding shall have a second or casting vote. (6) All meetings of the Corporation shall be presided over by the Mayor or, in his absence, 58by the Commissioner authorised by the Mayor under section 17 or, in the absence of both, by a Commissioner chosen for that purpose by the Commissioners present. 59(7) Such officials as may be specified by the Government shall be invited by the Corporation to attend the meetings of the Corporation and to participate in the deliberation thereof but they shall not have any right to vote.",
"name": "Meetings",
"related_acts": "",
"section_id": 35
},
{
"act_id": 678,
"details": "30. (1) The Corporation shall, at its first meeting, in each year, or as soon as may be at any meeting subsequent thereto, constitute Standing Committees for dealing respectively with- (a) \tFinance and Establishment; (b) \tEducation; (c) \tHealth, Family Planning and Sanitation including Drainage; (d) \tTown Planning and Improvement; (e) \tAudit and Accounts; (f) \tWorks and Buildings; (g) \tWater and Electricity; and (h) Social Welfare and Community Centres. (2) The Corporation may, with the previous approval of the Government, constitute additional Standing Committees for such purpose as the Corporation thinks fit. (3) A Standing Committee shall consist of not more than six members who shall be elected by the Commissioners from amongst themselves, but no Commissioner shall, at the same time, be a member of more than two Standing Committees: Provided that the Mayor 60* * * shall ex-officio be members of all the Standing Committees. (4) A Standing Committee shall elect one of its members to be its Chairman and another member to be its Vice-Chairman. (5) An elected Chairman or Vice-Chairman or member of a Standing Committee may resign his office by writing under his hand addressed to the Mayor and such resignation shall become effective on the date on which the notice is received by the Mayor. (6) A casual vacancy in the office of an elected Chairman or Vice-Chairman or member of a Standing Committee shall be filled by election of a new Chairman or Vice-Chairman or member and such Chairman or Vice-Chairman or member shall hold office for the residue of the term of his predecessor. (7) A standing Committee shall continue to function until the first meeting of the Standing Committee constituted to succeed it.",
"name": "Constitution of Standing Committees",
"related_acts": "",
"section_id": 36
},
{
"act_id": 678,
"details": "31. (1) The Corporation shall, by regulations, determine the functions of each Standing Committee. (2) All proceedings of a Standing Committee shall be subject to confirmation by the Corporation.",
"name": "Functions of Standing Committees",
"related_acts": "",
"section_id": 37
},
{
"act_id": 678,
"details": "32. The Corporation may constitute such other committee or committees consisting of such number of members chosen from amongst the Commissioners for such purpose as it thinks fit.",
"name": "Constitution of other committees",
"related_acts": "",
"section_id": 38
},
{
"act_id": 678,
"details": "33. (1) The Corporation or any Standing Committee or other committee thereof may associate with itself any person whose assistance or advice it may desire for carrying out any of its functions. (2) Any person associated with the Corporation or any Standing Committee or other committee for any purpose under sub-section (1) shall have a right to take part in the discussion of the Corporation or of the Standing Committee or other committee, as the case may be, but shall not have a right to vote.",
"name": "Association with the Corporation, etc., of persons not being Commissioners",
"related_acts": "",
"section_id": 39
},
{
"act_id": 678,
"details": "34. (1) Every meeting of the Corporation shall be open to the public unless a majority of the Commissioners present at the meeting decide that any inquiry or deliberation pending before the Corporation shall be held in private. (2) The Corporation may make regulations for regulating the admission of the members of the public to its meetings and for the removal by force, if necessary, of any member of the public admitted to a meeting for interrupting or disturbing the proceedings of the meeting.",
"name": "Meeting to be ordinarily open to the public",
"related_acts": "",
"section_id": 40
},
{
"act_id": 678,
"details": "35. No Commissioner shall vote at a meeting of the Corporation or of any Standing Committee or other committee thereof on any question relating to his own conduct or vote or take part in any discussion on any matter which affects his pecuniary interest or any property in respect of which he is a manager or agent.",
"name": "Commissioners not to vote on matters in which they are interested",
"related_acts": "",
"section_id": 41
},
{
"act_id": 678,
"details": "36. Subject to this Ordinance, the Corporation may make regulations for the procedure and the conduct of business at its meeting and at meetings of the Standing Committees and other committees thereof.",
"name": "Regulations for procedure and conduct of business at meetings",
"related_acts": "",
"section_id": 42
},
{
"act_id": 678,
"details": "37. (1) The minutes of the proceedings of every meeting of the Corporation or of every Standing Committee or other committee thereof shall state, among other things, the names of the Commissioners or members present and shall be drawn up and recorded in a book to be kept for the purpose, and shall be signed by the person presiding at the meeting and shall be laid before the next ensuing meeting of the Corporation or of the Standing Committee or other committee, as the case may be. (2) The minutes referred to in sub-section (1) shall, at all reasonable times, be kept open at the Corporation's office for inspection by any Commissioner without charge and by any other person on payment of a fee of Taka one. (3) The Chief Executive Officer shall forward to the Government a copy of the minutes of the proceedings of each meeting of the Corporation within ten days from the date on which such minutes are signed.",
"name": "Keeping of minutes of proceedings",
"related_acts": "",
"section_id": 43
},
{
"act_id": 678,
"details": "38. (1) No act done or proceeding taken under this Ordinance shall be questioned on the ground merely of- (a) \tthe existence of any vacancy in, or any defect in the constitution of, the Corporation or any Standing Committee or other committee thereof; (b) \tany Commissioner having voted or taken part in any proceedings in contravention of section 35; or (c) \tany defect or irregularity not affecting the merits of the case. (2) Every meeting of the Corporation or of any Standing Committee or other committee thereof, the minutes of the proceedings of which have been duly drawn up and signed, shall be deemed to have been duly convened and to be free from all defects and irregularities.",
"name": "Validation of acts and proceedings",
"related_acts": "",
"section_id": 44
},
{
"act_id": 678,
"details": "39. (1) All contracts made by or on behalf of the Corporation shall be- (a) \tin writing and expressed to be made in the name of the Corporation; (b) \texecuted in such manner as may be prescribed; and (c) \treported to the Corporation by the Chief Executive Officer at the meeting next following the execution of the contract. (2) The Corporation may, by resolution, lay down the procedure that shall regulate the making of various contracts, and in the execution of contracts, the Chief Executive Officer shall act in accordance with such resolution. (3) No contract executed otherwise than in conformity with the provisions of this section shall be binding on the Corporation.",
"name": "Contracts",
"related_acts": "",
"section_id": 45
},
{
"act_id": 678,
"details": "40. The Government may, by rules, provide for- (a) \tthe preparation of plans and estimates for works to be executed by the Corporation; (b) \tthe authority by whom and the conditions subject to which such plans and estimates shall be technically approved and administratively sanctioned; and (c) \tthe agency by which such plans and estimates shall be prepared and such works shall be executed.",
"name": "Works",
"related_acts": "",
"section_id": 46
},
{
"act_id": 678,
"details": "41. The Corporation shall- (a) \tmaintain such record of its working as may be prescribed; (b) \tprepare and publish such periodical reports and returns as may be prescribed; and (c) \tadopt such other measures as may be necessary, or may be specified by the Government from time to time, for the publication of information about the working of the Corporation.",
"name": "Records, reports and returns",
"related_acts": "",
"section_id": 47
},
{
"act_id": 678,
"details": "42. (1) There shall be a Chief Executive Officer of the Corporation who shall be appointed by the Government on such terms and conditions as may be determined by it. (2) The Chief Executive Officer shall hold office for a period of three years which may be extended by the Government for a further period or periods not exceeding one year at a time. (3) Notwithstanding anything contained in sub-section (2), the Government may, at any time, terminate the appointment of the Chief Executive Officer, and shall do so if, at a special meeting of the Corporation called for the purpose, a resolution for such termination has been passed by the votes of not less than three-fifths of the total number of Commissioners: Provided that if the Chief Executive Officer is a person in the service of the Republic, no such special meeting shall be called, and no such resolution shall be moved, except after giving one month's notice to the Government. (4) Save as otherwise provided in this Ordinance and the Rules, the Chief Executive Officer shall exercise such powers and perform such functions as may be delegated to him by the Mayor. (5) In exercising his powers and performing his functions, the Chief Executive Officer shall be responsible to the Mayor. (6) If the Chief Executive Officer is unable to perform the functions of his office on account of absence, illness or any other cause, the Government may appoint another person to officiate as Chief Executive Officer in his place.",
"name": "Chief Executive Officer",
"related_acts": "",
"section_id": 48
},
{
"act_id": 678,
"details": "43. On the occurrence or threatened occurrence of any accident or any unforeseen event or natural calamity involving, or which is likely to involve, extensive damage to any property of the Corporation or danger to human life, the Chief Executive Officer shall take such immediate action as he considers necessary and make report forthwith to the Corporation or the Standing Committee concerned of the action taken by him and the reason therefore and also of the cost, if any, incurred or likely to be incurred in consequence of such action.",
"name": "Extraordinary powers of Chief Executive Officer",
"related_acts": "",
"section_id": 49
},
{
"act_id": 678,
"details": "44. The Chief Executive Officer shall be responsible for the custody of all records, including in particular all papers and documents connected with the proceedings of the Corporation, Standing Committees and other committees.",
"name": "Chief Executive Officer to be custodian of records",
"related_acts": "",
"section_id": 50
},
{
"act_id": 678,
"details": "45. The Chief Executive Officer shall have the same right of being present at any meeting of the Corporation or of any Standing Committee or other committee thereof and of taking part in the discussions thereat as if he were a Commissioner or a member of such committee, and may, at any time, with the consent of the person presiding at the meeting, make a statement or explanation of facts, but he shall not vote upon, or move, any motion at such meeting.",
"name": "Right of Chief Executive Officer to be present at meetings",
"related_acts": "",
"section_id": 51
},
{
"act_id": 678,
"details": "46. (1) The Chief Executive Officer shall from time to time prepare and lay before the Corporation a schedule setting forth the posts which should, in his opinion, constitute the Corporation establishment. (2) The Corporation shall, with the previous approval of the Government, sanction such schedule, with or without modification and may, with such approval from time to time, amend it either of its own motion after ascertaining the opinion of the Chief Executive Officer or at the instance of the Chief Executive Officer.",
"name": "Schedule of posts",
"related_acts": "",
"section_id": 52
},
{
"act_id": 678,
"details": "47. No person shall be appointed to any post in the Corporation unless the post is included in the schedule for the time being in force prepared and sanctioned under section 46.",
"name": "No appointment to be made to any post not included in the schedule",
"related_acts": "",
"section_id": 53
},
{
"act_id": 678,
"details": "48. Subject to this Ordinance, appointments to the Corporation establishment shall be made- (a) \tby the Mayor, if the maximum salary of the office or post exceeds 61one thousand seven hundred twenty five Taka per month; and (b) \tby the Chief Executive Officer, in all other cases with the approval of the Mayor.",
"name": "Appointing authorities",
"related_acts": "",
"section_id": 54
},
{
"act_id": 678,
"details": "49. The Corporation may, in the prescribed manner,- (a) \testablish and maintain a Provident Fund and require any of its officers or other employees to contribute to such Fund and may itself contribute to it in such manner and proportion as may be prescribed; (b) \tprovide for the payment of 63* * * gratuity to its officers and other employees after retirement; (c) \tgrant a special 64* * * gratuity to the family of any of its officers or other employees who dies of disease or injury contracted or suffered in the discharge of his duties; (d) \toperate scheme of social insurance for its officers and other employees and require them to subscribe to it; (e) \testablish and maintain a Benevolent Fund out of which shall be paid such relief as may be prescribed.",
"name": "Provident Fund * * * and other facilities for officers, etc.",
"related_acts": "",
"section_id": 55
},
{
"act_id": 678,
"details": "50. (1) An officer or other employee of the Corporation may be censured, fined, reduced in rank, promotion may be withheld, for any breach of any departmental regulation or discipline or for any carelessness or negligence of duty or for corruption or other misconduct by such authority and in such manner as may be prescribed: Provided that no such officer or other employee shall be removed or dismissed or reduced in rank by an authority subordinate to that by which he was appointed. (2) No such officer or other employee shall be removed or dismissed or reduced in rank unless he has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him: Provided that this sub-section shall not apply- (a) \twhere an officer or the employee is removed or dismissed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge; or (b) \tWhere the authority empowered to remove or dismiss an officer or other employee or to reduce him in rank is satisfied that for some reason to be recorded by that authority in writing it is not reasonably practicable to give that officer or other employee an opportunity of showing cause. (3) Any officer or other employee upon whom a punishment has been inflicted under this section may appeal to such authority as may be specified by rules.",
"name": "Punishment of officers and employees",
"related_acts": "",
"section_id": 56
},
{
"act_id": 678,
"details": "51. Subject to the provisions of this Ordinance, the Government may, by rules,- (a) \tprescribe the conditions of service of the officers and other employees of the Corporation; (b) \tprescribe the qualifications for various posts under the Corporation; (c) \tprescribe the principles to be followed in making appointments to various posts under the Corporation; (d) \tfix the amount and nature of security, if any, to be furbished by the officers and other employees of the Corporation; (e) \tregulate the grant of leave and leave allowance to the officers and other employees of the Corporation; (f) \tregulate the conduct of the officers and other employees of the Corporation; 65(ff) provide for transfer of officers and other employees of the Corporation to any other local authority; (g)\tprovide for other matters necessary for the efficient discharge of duties by the officers and other employees of the Corporation.",
"name": "Terms and conditions of service",
"related_acts": "",
"section_id": 57
},
{
"act_id": 678,
"details": "52. (1) There shall be formed a fund for the Corporation which shall be known as the Corporation Fund. (2) To the credit of the Corporation Fund formed under sub-section (1) shall be placed- (a) \tthe proceeds of all taxes, rates, cesses, tolls, fees and other charges levied by the Corporation under this Ordinance; (b) \tall rents and profits payable or accruing to the Corporation from the property vested in or managed by the Corporation; (c) \tall sums received by the Corporation in the performance of its functions under this Ordinance or under any other law for the time being in force; (d) \tall sums contributed by individuals or institutions or other local authorities; (e) \tall receipts accruing from the trusts placed under the management of the Corporation; (f) \tall grants made by the Government or other authorities; (g) \tall loans raised and all profits accruing from investments; and (h) \tsuch proceeds from such sources of income as the Government may direct to be placed at the disposal of the Corporation.",
"name": "Constitution of Corporation Fund",
"related_acts": "",
"section_id": 58
},
{
"act_id": 678,
"details": "53. (1) The moneys credited to the Corporation Fund shall be kept in a Bank transacting the business of a Government Treasury or in such other manner as may be specified by the Government from time to time. (2) The Corporation may invest any portion of the Corporation Fund in such manner as may be prescribed. (3) The Corporation may, and if required by the Government shall, establish and maintain a separate fund for any special purpose, which shall be administered and regulated in such manner as may be prescribed.",
"name": "Custody or investment of Corporation Fund and establishment of special funds",
"related_acts": "",
"section_id": 59
},
{
"act_id": 678,
"details": "54. The moneys credited from time to time to the Corporation Fund shall be applied in the following order of preference:- firstly, \tin the payment of salaries and allowances to the Chief Executive Officer and other officers and employees of the Corporation; secondly, \tin the repayment of loans; thirdly, \tin meeting the expenditure charged on the Corporation Fund under this Ordinance; fourthly, \tin the fulfilment of any obligation and in the discharge of any duty imposed on the Corporation under this Ordinance or under any other law for the time being in force; fifthly, \tin meeting the expenditure declared by the Corporation, with the previous sanction of the Government, to be an appropriate charge on the Corporation Fund; and Sixthly, in meeting the expenditure declared by the Government to be an appropriate charge on the Corporation Fund.",
"name": "Application of Corporation Fund",
"related_acts": "",
"section_id": 60
},
{
"act_id": 678,
"details": "55. (1) The following expenditure shall be charged on the Corporation Fund, namely:- (a) \tall sums to be paid to, or in connection with the employment of, the Chief Executive Officer and other officers and employees of the Corporation and any Government servant who is or has been in the service of the Corporation; (b) \tsuch sums as the Corporation may be required by the Government to contribute towards the conduct of elections, the auditing of accounts and such other matters as may, from time to time, be specified by the Government; (c) \tany sum required to satisfy any judgement, decree or award against the Corporation by any Court or tribunal; and (d) \tany expenditure declared by the Government to be so charged. (2) If any expenditure charged on the Corporation Fund is not paid, the Government may, by order, direct the person or persons having the custody of the Corporation Fund to pay such amount or so much thereof as may, from time to time, be possible, from the balance of the Corporation Fund.",
"name": "Charged expenditure",
"related_acts": "",
"section_id": 61
},
{
"act_id": 678,
"details": "56. No payment of any sum out of the Corporation Fund shall be made unless the expenditure of the same is covered by a current budget grant and a sufficient balance of such budget grant is still available: Provided that this section shall not apply to payments made under section 55.",
"name": "Payments not to be made unless covered by a budget grant",
"related_acts": "",
"section_id": 62
},
{
"act_id": 678,
"details": "57. (1) On a written requisition from the Government, the Mayor may at any time undertake the execution of any work which may be urgently required in the interest of public service, and for this purpose may temporarily make payments from the Corporation Fund so far as the sum can be met without unduly interfering with the regular working of the Corporation administration (2) The cost of all works so executed and all the establishments engaged in executing the same shall be paid by the Government and credited to the Corporation Fund. (3) On receipt of any requisition under sub-section (1), the Mayor shall report to the Corporation the steps taken by him in pursuance of the same.",
"name": "Temporary payment from Corporation Fund for works urgently required for public service",
"related_acts": "",
"section_id": 63
},
{
"act_id": 678,
"details": "58. (1) The Corporation shall, in the prescribed manner, prepare and sanction, before the first day of June each year, a statement of its estimated receipts and expenditure for the next ensuing financial year, hereinafter referred to as the budget, and forward a copy thereof to the Government. (2) If the budget is not prepared or sanctioned by the Corporation before the first day of June as mentioned in sub-section (1), the Government may have the necessary statement prepared and certify it, and such certified statement shall be deemed to be the sanctioned budget of the Corporation. (3) Within thirty days of the receipt of the copy of a budget under sub-section (1), the Government may, by order, modify it, and the budget so modified shall be deemed to be the sanctioned budget of the Corporation. (4) At any time before the expiry of the financial year to which a budget relates, a revised budget for the year may, if necessary, be prepared and sanctioned, and such revised budget shall, so far as may be, be subject to the provisions of this section. (5) Where the Corporation assumes office under this Ordinance for the first time, its budget for the financial year during which it assumes office shall relate to the remaining period of that year, and the other provisions of this section shall mutatis mutandis apply.",
"name": "Budget",
"related_acts": "",
"section_id": 64
},
{
"act_id": 678,
"details": "59. (1) Accounts of the receipts and expenditure of the Corporation shall be kept in the prescribed manner and form. (2) An annual statement of the accounts shall be prepared after the close of every financial year, and shall be forwarded to the Government by the thirty-first December of the following financial year. (3) A copy of the annual statement of accounts shall be placed at a conspicuous place in the office of the Corporation for public inspection, and all objections or suggestions concerning such accounts received from the public shall be considered by the Corporation and brought to the notice of the audit authority referred to in section 60.",
"name": "Accounts",
"related_acts": "",
"section_id": 65
},
{
"act_id": 678,
"details": "60. (1) The accounts of the Corporation shall be audited every year by the Comptroller and Auditor-General of Bangladesh (hereinafter in this section referred to as the Auditor-General) in such manner as he deems fit. (2) For the purpose of an audit under sub-section (1), the Auditor-General or any person authorised by him in that behalf shall have access to all records, books, vouchers, documents, cash, stamps, securities, stores and other property of the Corporation and may examine the Mayor, 66* * * any Commissioner, the Chief Executive Officer or any other officer or employee of the Corporation. (3) On the completion of the audit, the Auditor-General shall submit to the Government an audit report which shall, among other things, mention- (a) \tcases of embezzlement; (b) \tcases of loss, waste or misappropriation of the Corporation Fund; (c) \tcases of other irregularities in the maintenance of accounts; and (d) \tthe names of the persons who, in his opinion, are directly or indirectly responsible for such embezzlement, loss, waste, misappropriation or irregularities. (4) The Auditor-General shall send to the Corporation a copy of the audit report submitted by him to the Government under sub-section (3). (5) The Corporation shall forthwith remedy any defects or irregularities that may be pointed out by the Auditor-General and shall report to the Government the action taken by it. (6) The Corporation shall publish the audit report with its replies to each item thereof within three months of the receipt by it of the copy thereof and shall make the same available for sale to the public.",
"name": "Audit",
"related_acts": "",
"section_id": 66
},
{
"act_id": 678,
"details": "61. (1) Subject to the provisions of this Ordinance, the rules, the Local Authorities Loans Act, 1914 (IX of 1914), and any other law for the time being in force, the Corporation may with the previous sanction of the Government, raise loans in the prescribed manner, and make suitable arrangements, to the satisfaction of the Government, for the repayment of the loans in such instalments as may be fixed. (2) The Corporation may, and if required by the Government shall, establish and maintain such separate funds as may be necessary for the repayment of loans, and the Government may, among other things, require that any specified item of income of the Corporation shall wholly or in part be earmarked for and apply in the repayment of loans.",
"name": "Loans",
"related_acts": "103",
"section_id": 67
},
{
"act_id": 678,
"details": "62. (1) The Government may by rules- (a) \tprovide for the management, maintenance, improvement and development of the property belonging to or vesting in the Corporation; (b) \tregulate the alienation of such property; and (c) \tprovide for the compulsory acquisition of such immovable property as may be required by the Corporation for the purposes of this Ordinance. (2) The Corporation may- (a) \tmanage, maintain, inspect, develop or improve any property which is owned by or vests in it or which is placed under its charge; (b) \tapply such property for the purposes of this Ordinance or the rules; and (c) \tacquire or transfer by grant, gift, sale, mortgage, lease, exchange or otherwise any property with the previous sanction of the Government.",
"name": "Property of the Corporation",
"related_acts": "",
"section_id": 68
},
{
"act_id": 678,
"details": "63. The Mayor, 67* * * every Commissioner, the Chief Executive Officer and every other officer or employee of the Corporation and every person charged with the administration of the affairs of the Corporation or acting on behalf of the Corporation, shall be liable for the loss, waste or misapplication of any money or property belonging to the Corporation, which is a direct consequence of his negligence or misconduct, and the liability of the Mayor, 68* * * the Commissioner, the Chief Executive Officer or other officer or employee or person shall be determined by the Government in the prescribed manner, and the amount for which he is held liable shall be recoverable as a public demand.",
"name": "Recovery against liabilities",
"related_acts": "",
"section_id": 69
},
{
"act_id": 678,
"details": "64. The Corporation, with the previous sanction of the Government, may levy, in the prescribed manner, all or any of the taxes, rates, cesses, tolls and fees mentioned in the Second Schedule.",
"name": "Corporation taxation",
"related_acts": "",
"section_id": 70
},
{
"act_id": 678,
"details": "65. (1) All taxes, rates, cesses, tolls and fees levied by the Corporation shall be notified in the official Gazette, and, unless otherwise directed by the Government, shall be subject to previous publication. (2) Where a proposal for the levy of a tax, rate, cess, toll or fee or for a modification of tax, rate, cess, toll or fee which is in force is sanctioned, the sanctioning authority shall specify the date for the enforcement thereof, and such tax, rate, cess, toll, or fee or the modification shall come into force on such date.",
"name": "Notification and enforcement of taxes",
"related_acts": "",
"section_id": 71
},
{
"act_id": 678,
"details": "66. The Government may frame model tax schedules, and where such schedules have been framed, the Corporation shall be guided by them in levying a tax, rate, cess, toll or fee.",
"name": "Model tax schedules",
"related_acts": "",
"section_id": 72
},
{
"act_id": 678,
"details": "67. (1) The Government may direct the Corporation- (a) \tto levy any tax, rate, cess, toll or fee which the Corporation is competent to levy under section 64; or (b) \tto increase or reduce any such tax, rate, cess, toll or fee, or the assessment thereof, to such extent as may be specified; or (c) \tto exempt any person or class of persons or property or class of property from the levy of any such tax, rate, cess, toll or fee or suspend or abolish the levy of any such tax, rate, cess, toll or fee. (2) If a direction issued under sub-section (1) is not complied with within the specified time, if any, the Government may make an order giving effect to the direction.",
"name": "Directions with regard to levy of taxes",
"related_acts": "",
"section_id": 73
},
{
"act_id": 678,
"details": "68. (1) The Corporation may, by notice, call upon any person to furnish such information, produce such record or accounts, or to present such goods or animals liable to any tax, rate, cess, toll or fee, as may be necessary for the purpose of determining the liability of such person, goods or animals to a tax, rate, cess, toll or fee, or the assessment thereof. (2) Any official of the Corporation authorised in this behalf may, after due notice, enter upon any building or premises for the purposes of assessing the liability of such building or premises to any tax, or inspecting any goods or animal therein liable to any tax. (3) Any official of the Corporation authorised in this behalf may, in the prescribed manner, seize and dispose of any goods on which any octroi, terminal tax or toll is due and is not paid.",
"name": "Liability on account of taxes",
"related_acts": "",
"section_id": 74
},
{
"act_id": 678,
"details": "69. (1) All taxes, rates, cesses, tolls and fees levied under this Ordinance shall be collected in the prescribed manner. (2) All arrears of taxes, rates, cesses, tolls and fees, and other moneys claimable by the Corporation under this Ordinance shall be recoverable as a public demand. (3) Notwithstanding the provisions of sub-section (2), the Government may empower the Corporation to recover arrears to taxes, rates, cesses, tolls, fees and other moneys claimable by the Corporation under this Ordinance by distress and sale of movable property belonging to the person concerned, or by attachment and sale of the immovable property belonging to him. (4) The Government may by rules specify the officials or classes of officials by whom the power under sub-section (3) shall be exercised, and prescribe the manner in which it shall be exercised.",
"name": "Collection and recovery of taxes",
"related_acts": "",
"section_id": 75
},
{
"act_id": 678,
"details": "70. No assessment of a tax, rate, cess, toll or fee under this Ordinance, or valuation thereof, or the liability of a person to be so taxed, shall be called in question except by a petition presented to such authority, in such manner and within such period, as may be prescribed.",
"name": "Petitions against valuation, assessment, etc.",
"related_acts": "",
"section_id": 76
},
{
"act_id": 678,
"details": "71. If the Corporation levies a tax on professions, trades or callings, it may require the employer of the person liable to such tax to deduct the tax from the salary or wages payable to such person, and on such requisition the amount of the tax due shall be deducted from the salary or wages of the person concerned and credited to the Corporation Fund, provided that the amount so deducted shall in no case exceed twenty-five per cent of the salary or wages.",
"name": "Deduction of taxes from salaries",
"related_acts": "",
"section_id": 77
},
{
"act_id": 678,
"details": "72. (1) All taxes, rates, cesses, tolls, fees and other charges levied by the Corporation shall be imposed, assessed, leased, compounded, administered and regulated in such manner as may be prescribed. (2) Rules framed under this section may, among other matters, provide for the obligations of the tax-payers and the duties and powers of the officials and other agencies responsible for the assessment and collection of taxes.",
"name": "Manner in which taxes to be levied, etc.",
"related_acts": "",
"section_id": 78
},
{
"act_id": 678,
"details": "73. The Corporation shall be responsible for the sanitation of the City, and for this purpose, it may cause such measures to be taken as are required by or under this Ordinance.",
"name": "Responsibility for sanitation",
"related_acts": "",
"section_id": 79
},
{
"act_id": 678,
"details": "74. (1) The Corporation may by notice require the owner or occupier of any building or land which is in insanitary or unwholesome state- (a) \tto clean or otherwise put it in a proper state; (b) \tto make arrangements to the satisfaction of the Corporation for its proper sanitation; (c) \tto lime-wash the building and to make such essential repairs as may be specified in the notice; and (d) \tto take such other steps in regard to such building or land as may be so specified. (2) If any requirement of a notice issued under sub-section (1) is not complied with, within such period as may be specified in the notice, the Corporation may cause the necessary step to be taken at the expense of the owner or occupier, and the cost so incurred by the Corporation shall be deemed to be a tax levied on the owner or occupier under this Ordinance.",
"name": "Insanitary buildings",
"related_acts": "",
"section_id": 80
},
{
"act_id": 678,
"details": "75. (1) The Corporation shall make adequate arrangements for the removal of refuse from all public streets, public latrines, urinals, drains, and all buildings and land vested in the Corporation, and for the collection and proper disposal of such refuse. (2) The occupiers of all other buildings and lands within the Corporation shall be responsible for the removal of refuse from such buildings and lands subject to the general control and supervision of the Corporation. (3) The Corporation may cause public dust-bins or other suitable receptacles to be provided at suitable places and where such dust-bins or receptacles are provided, the Corporation may, by public notice, require that all refuse accumulating in any premises or land shall be deposited by the owner or occupier of such premises or land in such dust-bins or receptacles. (4) All refuse removed and collected by the staff of the Corporation or under their control and supervision and all refuse deposited in the dust-bins and other receptacles provided by the Corporation shall be the property of the Corporation.",
"name": "Removal, collection and disposal of refuse",
"related_acts": "",
"section_id": 81
},
{
"act_id": 678,
"details": "76. (1) The Corporation may, and if so required by the Government shall, provide and maintain, in sufficient number and in proper situation, public latrines and urinals for the separate use of each sex, and shall cause the same to be kept in proper order, and to be properly cleaned. (2) The occupier of any premises to which any latrine or urinal pertains shall keep such latrine or urinal in a proper state to the satisfaction of the Corporation and shall employ such staff for the purpose as may be necessary, or as may be specified by the Corporation. (3) Where any premises are without privy or urinal accommodation, or without adequate privy or urinal accommodation, or the privy or urinal is on any ground objectionable, the Corporation may by notice require the owner of such premises- (a) \tto provide such or such additional, privy or urinal accommodation as may be specified in the notice; (b) \tto make such structural or other alterations in the existing privy or urinal accommodation as may be so specified; (c) \tto remove the privy or urinal; and (d) \twhere there is an underground sewerage system, to substitute connected privy or connected urinal accommodation for any service privy or service urinal accommodation.",
"name": "Latrines and urinals",
"related_acts": "",
"section_id": 82
},
{
"act_id": 678,
"details": "77. (1) The Corporation shall register all births, deaths and marriages within the limits of the city and information of such births, deaths and marriages shall be given by such persons or authorities, and shall be registered in such manner, as the by-laws may provide. (2) The by-laws made under sub-section (1) may exempt any class or classes of marriages information in respect of which is not deemed necessary for registration under this section.",
"name": "Births, deaths and marriages",
"related_acts": "",
"section_id": 83
},
{
"act_id": 678,
"details": "78. (1) The Corporation shall adopt such measures to prevent infectious diseases and to restrain infection within the City as the rules and by-laws may provide. (2) The Corporation may, and if so required by the Government shall, establish and maintain one or more hospitals for the reception and treatment of persons suffering from infectious diseases. (3) The Corporation may, in the prescribed manner, frame and implement schemes for the prevention and control of infectious diseases.",
"name": "Infectious diseases",
"related_acts": "",
"section_id": 84
},
{
"act_id": 678,
"details": "79. The Corporation may, and if so required by the Government shall,- (a) \testablish, manage, maintain or contribute towards the maintenance of health centres, maternity centres and centres for the welfare of women, infants and children; (b) \tprovide for the training of dais; (c) \tprovide for the promotion of family planning; and (d) \tadopt such other measures as may be necessary to promote the health and welfare of women, infants and children.",
"name": "Health and maternity centres, etc.",
"related_acts": "",
"section_id": 85
},
{
"act_id": 678,
"details": "80. Subject to the provisions of this Ordinance and the rules, the Corporation may, and if the Government so directs shall, take such measures for promoting public health, including education in health, as it considers necessary or, as the case may be, the Government directs.",
"name": "Promotion of public health",
"related_acts": "",
"section_id": 86
},
{
"act_id": 678,
"details": "81. (1) The Corporation may, and if so required by the Government shall, establish and maintain such number of hospitals and dispensaries as may be necessary for the medical relief of the inhabitants of the City, and the people visiting it. (2) Every hospital and dispensary maintained by the Corporation shall be managed and administered in such manner as may be prescribed. (3) Subject to any directions that may be given in this behalf by the Government, every hospital and dispensary maintained by the Corporation shall be provided with such drugs, medicines, instruments, appliances, equipments, apparatus and furniture in accordance with such scale and standards as may be prescribed.",
"name": "Hospitals and dispensaries",
"related_acts": "",
"section_id": 87
},
{
"act_id": 678,
"details": "82. The Corporation may, and if so required by the Government shall, take such measures as may be necessary or as may be specified by the Government for- (a) \tthe provision and maintenance of first aid centres; (b) \tthe provision and maintenance of mobile medical aid units; (c) \tthe promotion and encouragement of societies for the provision of medical aid; (d) \tthe promotion of medical education; (e) \tthe payment of grants to institutions for medical relief; and (f) \tthe medical inspection of school children.",
"name": "Medical aid and relief, and medical education, etc",
"related_acts": "",
"section_id": 88
},
{
"act_id": 678,
"details": "83. (1) Subject to any law for the time being in force, the Corporation may provide, or cause to be provided, to the City a supply of wholesome water sufficient for public and private purposes. (2) The Corporation may, and if so required by the Government shall, in the prescribed manner frame and execute a water-supply scheme for the construction and maintenance of such work for the provision, storage and distribution of water as may be necessary. (3) Where a piped water-supply is provided, the Corporation may supply water to private and public premises in such manner and on payment of such charges as the by-laws may provide.",
"name": "Water supply",
"related_acts": "",
"section_id": 89
},
{
"act_id": 678,
"details": "84. (1) All private sources of water- supply within the City shall be subject to control, regulation and inspection by the Corporation. (2) No new well, water-pump or any other source of water for drinking purposes shall be dug, constructed or provided except with the sanction of the Corporation. (3) The Corporation may by notice require the owner of any person having the control of any private source of water-supply used for drinking purposes- (a) \tto keep the same in good order and to clear it from time to time of silt, refuse and decaying matter; (b) \tto protect the same from contamination in such manner as the corporation may direct; and (c) \tif the water therein is proved to the satisfaction of the Corporation to be unfit for drinking purposes, to take such measures as may be specified in the notice to prevent the use of such water for drinking purposes.",
"name": "Private sources of water-supply",
"related_acts": "",
"section_id": 90
},
{
"act_id": 678,
"details": "85. (1) Subject to any law for the time being in force, the Corporation shall provide an adequate system of public drains in the City area and all such drains shall be constructed, maintained, kept, cleared and emptied with due regard to the health and convenience of the public. (2) Every owner of occupier or any land or building within the City may, with the previous permission of the Corporation, and subject to such terms and conditions, including the payment of fees, as the Corporation may impose, cause his drains to be emptied into public drains. (3) All private drains shall be subject to control, regulation and inspection by the Corporation, and the Corporation may, in such manner as the by-laws may provide, require the provision, alteration covering, clearing, and closing of private drains",
"name": "Drainage",
"related_acts": "",
"section_id": 91
},
{
"act_id": 678,
"details": "86. (1) The Corporation may, and if so required by the Government shall, prepare a Drainage Scheme in the prescribed manner for the construction of drains at public and private expense, and other works for the effective drainage and disposal of sullage. (2) A Drainage Scheme prepared under sub-section (1) shall be submitted for approval to the Government, which may approve it, reject it, or approve it subject to such modifications as it may deem fit. (3) The Drainage Scheme as approved by the Government shall be executed and implemented in such manner, within such period and by such authority as may be specified by the Government. (4) The Corporation may by notice require the owner of any building or land within the City- (a) \tto construct such drains within the building or land or the street adjoining such building or land as may be specified in the notice; (b) \tto remove, alter or improve any such drains; and (c) \tto take such other steps for the effective drainage of the building or land as may be so specified.",
"name": "Drainage Schemes",
"related_acts": "",
"section_id": 92
},
{
"act_id": 678,
"details": "87. (1) The Corporation may from time to time- (a) \tset apart suitable places for use by the public for bathing, for washing clothes, or for drying clothes; (b) \tspecify the times at which and the sex of persons by whom such places may be used; and (c) \tprohibit, by public notice, the use by the public for any of the said purposes of any place not so set apart. (2) No person shall establish, maintain or run a human or a bath for public use except under a licence granted by the Corporation and in conformity with the conditions and terms of such licence.",
"name": "Bathing and washing places",
"related_acts": "",
"section_id": 93
},
{
"act_id": 678,
"details": "88. (1) The Corporation may provide dhobi ghats for the exercise of their calling by washermen, and may by by-laws regulate the use of dhobi ghats and levy fees for their use. (2) The Corporation may by by-laws provide for the licensing of washermen and the regulation of their calling.",
"name": "Dhobi ghats and washermen",
"related_acts": "",
"section_id": 94
},
{
"act_id": 678,
"details": "89. (1) The Corporation may, with the previous sanction of the Government, declare any source of water, spring, river, tank, pond, or public stream, or any part thereof within the City, which is not private property, to be a public water-course. (2) The Corporation may, in respect of any public water-course, provide such amenities, make such arrangements for life saving, execute such works, and subject to the provisions of any law for the time being in force relating to irrigation, drainage and navigation, regulate the use thereof, as the by-laws may provide.",
"name": "Public water-courses",
"related_acts": "",
"section_id": 95
},
{
"act_id": 678,
"details": "90. (1) The Corporation may by by-laws provide for the licensing of boats and other vessels plying for hire in a public water-course and may prescribe the terms and conditions for the grant of licences and the fees to be charged therefor. (2) The Government may declare any part of a public water-course to be a public ferry and may entrust the management thereof to the Corporation, and thereupon the Corporation shall manage and operate the public ferry in such manner and levy such tolls as may be prescribed.",
"name": "Public ferries",
"related_acts": "",
"section_id": 96
},
{
"act_id": 678,
"details": "91. The Corporation may, with the previous sanction of the Government, declare any public water-course as a public fishery, and thereupon the right of fishing in such water-course shall vest in the Corporation which may exercise such right in such manner as may be prescribed.",
"name": "Public fisheries",
"related_acts": "",
"section_id": 97
},
{
"act_id": 678,
"details": "92. The Corporation may by by-laws- (a) \tprohibit the manufacture, sale or preparation, or the exposure for sales, of any specified article of food or drink in any place or premises not licensed by the Corporation; (b) \tprohibit the import into the City for sale, or the sale or the hawking for sale, of any specified article of food or drink by person not so licensed; (c) \tprohibit the hawking of specified articles of food and drink in such parts of the City as may be specified; (d) \tregulate the time and manner of transport within the City of any specified article of food or drink; (e) \tregulate the grant and withdrawal of licenses under this section and the levying of fees therefor; and (f) \tprovide for the seizure and disposal of any animal, poultry or fish intended for food which is diseased, or any article of food or drink which is noxious.",
"name": "By-laws for articles of food and drink",
"related_acts": "",
"section_id": 98
},
{
"act_id": 678,
"details": "93. (1) Except under a licence granted by the Corporation, and in conformity with the conditions of such licence, no person shall, within the City, keep milch cattle for the sale of milk, or sell milk, or export or import milk for sale, manufacture butter, ghee or any other milk or dairy product, nor shall any premises be used for any such purpose. (2) The Corporation may, in the prescribed manner, and with the previous sanction of the Government, frame and enforce a Milk Supply Scheme, which may, among other matters, provide for the establishment of milkmen's colonies, the prohibition of the keeping of milch cattle in the City or any part thereof, and the adoption of such other measures as may be necessary for ensuring an adequate supply of pure milk to the public.",
"name": "Milk supply",
"related_acts": "",
"section_id": 99
},
{
"act_id": 678,
"details": "94. (1) Subject to any law for the time being in force, the Corporation may establish and maintain public markets, for the sale of articles of food and drink and of animals, and secure the proper management and sanitation of such markets. (2) Notwithstanding anything contained in any other law for the time being in force, the Corporation may, for the purpose of construction of public markets, realise such salami or advanced rent from the intending occupants on such terms and conditions as it may determine. (3) The Corporation may, in respect of a public market, provide by by-laws- (a) \tthe fees to be charged for the use of or for the right to expose goods in the market; (b) \tthe fees to be levied on vehicles and animals bringing goods therein for sale; (c) \tthe fees to be charged for the use of shops, stalls, pends or stemps; (d) \tthe fees to be charged in respect of animals brought for sale or sold; and (e) \tthe fees to be charged from brokers, commission agents, weighmen and other persons practising their calling therein.",
"name": "Public markets",
"related_acts": "",
"section_id": 100
},
{
"act_id": 678,
"details": "95. (1) No private market shall be established or maintained within the Corporation except under a licence granted by the Corporation and in conformity with the conditions of such licence. (2) Notwithstanding the provisions of sub-section (1), the owner of every private market within the Corporation maintained immediately before the coming into force of this Ordinance, shall, within three months, apply for a licence to the Corporation and until the licence is granted shall continue to maintain the same. (3) The Corporation may levy such fees in respect of private markets as the by-laws may provide. (4) If the Corporation is satisfied that in public interest any private market should be discontinued or taken over by the Corporation, it may direct that the market should be discontinued, or that, subject to the payment of such compensation as would have been payable if it had been acquired under the Acquisition and Requisition of Immovable Property Ordinance, 1982 (II of 1982), the market should be taken over by the Corporation. (5) The Corporation may, by a notice, require the owner of any private market to construct such works, provide such conveniences and make such arrangements for maintenance of market, and within such period, as may be specified in the notice.",
"name": "Private markets",
"related_acts": "619",
"section_id": 101
},
{
"act_id": 678,
"details": "96. The Corporation shall provide and maintain at such site or sites within or without the limits of the City as the Government may approve one or more slaughter-houses for the slaughter of animals or of any specified description of animals for sale.",
"name": "Slaughter-house",
"related_acts": "",
"section_id": 102
},
{
"act_id": 678,
"details": "97. (1) The Corporation may, and if so required by the Government shall, provide for the establishment and maintenance of veterinary hospitals and dispensaries, and by by-laws regulate their working and fix the fees to be charged for treatment in such hospitals and dispensaries. (2) The Corporation may by by-laws define contagious disease among animals and provide for measures that shall be adopted for prevention of the spread of such diseases, including the compulsory inoculation of animals, and the subjection to such treatment as may be necessary of such animals as may be suspected to have been infected with carriers of any such diseases.",
"name": "Animal husbandry",
"related_acts": "",
"section_id": 103
},
{
"act_id": 678,
"details": "98. (1) The Corporation may by by-laws provide for the seizure, detention and impounding of animals found straying in any street, public place or cultivated land. (2) The Corporation may, and if so required by the Government shall, establish and maintain cattle pounds for impounding of cattle and charge such fires and fees for the impounding of cattle as the by-laws may provide. (3) No animal shall be picketed or tethered in such streets or places as may be specified by the Corporation, and any animal found picketed or tethered in any such street or place shall be liable to seizure and impounding.",
"name": "Stray animals",
"related_acts": "",
"section_id": 104
},
{
"act_id": 678,
"details": "99. (1) The Corporation may with the previous approval of the Government, establish and maintain animal homes where, subject to such terms and conditions and on the payment of such fees and other charges, as the by-laws may provide, the animals of private persons may by kept. (2) The Corporation may, with the previous approval of the Government, establish and maintain cattle farms and poultry farms and such farms shall be managed and administered in such manner as the by-laws may provide.",
"name": "Animal homes and farms",
"related_acts": "",
"section_id": 105
},
{
"act_id": 678,
"details": "100. The Corporation may by by-laws require that every sale of such of the animals as may be specified shall be registered with the Corporation in such manner, and subject to the payment of such fees, as the by-laws may provide.",
"name": "Registration of the sale of cattle",
"related_acts": "",
"section_id": 106
},
{
"act_id": 678,
"details": "101. The Corporation may, with the previous approval of the Government, frame and execute a livestock scheme, which may, among other matters, provide that no person shall keep such animals above such age as may be specified unless they are castrated or are certified by competent authority to be fit for breeding.",
"name": "Livestock improvement",
"related_acts": "",
"section_id": 107
},
{
"act_id": 678,
"details": "102. The Corporation may, by by-laws, define the animals which shall be deemed to be dangerous animals and the circumstances under which animals not otherwise dangerous shall be deemed to be dangerous, and such by-laws may, among other matters, provide for the detention, destruction, or disposal otherwise of such animals.",
"name": "Dangerous animals",
"related_acts": "",
"section_id": 108
},
{
"act_id": 678,
"details": "103. (1) The Corporation may hold cattle shows and fairs within the limits of the City and charge such fees from the people attending such shows or fairs as the by-laws may provide. (2) The Corporation may, with the previous approval of the Government, maintain or contribute towards the maintenance of zoological gardens.",
"name": "Cattle shows, zoos, etc.",
"related_acts": "",
"section_id": 109
},
{
"act_id": 678,
"details": "104. Whenever an animal in the charge of a person dies, otherwise than by being slaughtered for sale or consumption, or for some other religious purpose, such person shall either- (a) \tconvey the carcass within twenty-four hours to a place, if any, fixed by the Corporation for the disposal of the dead bodies of animals, or to a place beyond the limits of the City, not being a place within one mile of such limits; or (b) \tgive notice of the death to the Corporation, whereupon the Corporation shall cause the carcass to be disposed of and charge such fees from the person concerned as the by-laws may provide. Explanation- In this section, “animal” shall be deemed to mean all horned cattle, elephants, camels, horses, ponies, asses, mules, dear, sheep, goats, swine, dogs, cats and other large animals.",
"name": "Disposal of carcasses",
"related_acts": "",
"section_id": 110
},
{
"act_id": 678,
"details": "105. The Corporation may, and if so required by the Government shall, draw up a Master Plan for the City which shall, among other matters, provide for- (a) \ta survey of the City including its history, statistics, public services and other prescribed particulars; (b) \tdevelopment, expansion, and improvement of any area within the City, and (c) \trestrictions, regulations and prohibitions to be imposed with regard to the development of sites, and the erection and re-erection of buildings within the City.",
"name": "Master Plan",
"related_acts": "",
"section_id": 111
},
{
"act_id": 678,
"details": "106. (1) Where a Master Plan has been drawn up under section 105 and such Master Plan has been approved, with or without any modifications by the Government, no owner of lands exceeding such area as may be specified in this behalf in the Master Plan as so approved, shall develop the site or erect or re-erect a building or any plot of land covered by the Master Plan, except in conformity with the provisions of a Site Development Scheme sanctioned for the area in the prescribed manner. (2) Among other matters, a Site Development Scheme may provide for- (a) \tthe division of the site into plots; (b) \tthe streets, drains and open spaces to be provided; (c) \tthe land to be reserved for public purposes and to be transferred to the Corporation; (d) \tthe land to be acquired by the Corporation; (e) \tthe price of plots; (f) \tthe works that shall be executed at the cost of the owner or owners of the site or sites; and (g) \tthe period during which the area shall be developed.",
"name": "Site Development Schemes",
"related_acts": "",
"section_id": 112
},
{
"act_id": 678,
"details": "107. (1) The execution of a Site Development Scheme shall be subject to the inspection and control of the Corporation, and the Corporation may give such directions with regard to the execution of the Scheme as may be necessary for the proper development of site. (2) If any area is developed or otherwise dealt with in contravention of the provision of the sanctioned Site Development Scheme, the Corporation may by notice require the owner of such area or the person who has contravened the provisions to make such alteration in the site as may be specified in the notice and where such alteration is not made or for any reason cannot be carried out, the Corporation may, in the prescribed manner, require and enforce the demolition of the offending structure, and notwithstanding anything to the contrary contained in any law, no compensation shall be payable for such demolition. (3) If an area for which a Site Development Scheme has been sanctioned is not developed within the period provided in the Site Development Scheme, and further extension is not allowed by the Corporation, or if the development is not in conformity with the terms of the Site Development Scheme, the Corporation may, in the prescribed manner, take over the development of the site and execute the necessary works, and the cost incurred thereon by the Corporation shall be deemed to be a tax levied on the owner of owners under this Ordinance.",
"name": "Execution of Site Development Schemes",
"related_acts": "",
"section_id": 113
},
{
"act_id": 678,
"details": "108. (1) If any building, or anything fixed thereon, be deemed by the Corporation to be in a ruinous state or likely to fall or in any way dangerous to any inhabitant of such building or of any neighbouring building or to any occupier thereof or to passers-by, the Corporation may by notice require the owner or occupier of such building to take such action in regard to the building as may be specified in the notice, and if there is default, the Corporation may take the necessary steps itself and the cost incurred thereon by the Corporation shall be deemed to be a tax levied on the owner or occupier of the building under this Ordinance. (2) If a building is in a dangerous condition, or otherwise unfit for human habitation, the Corporation may prohibit the occupation of such building till it has been suitably repaired to the satisfaction of the Corporation.",
"name": "Regulation of buildings",
"related_acts": "",
"section_id": 114
},
{
"act_id": 678,
"details": "109. (1) The Corporation shall provide and maintain such public streets, and other means of public communication as may be necessary for the comfort and convenience of the inhabitants of the City and of the visitors thereto. (2) The Corporation shall, in the prescribed manner, prepare and execute a Road Maintenance and Development programme, which shall form a part of the budget, and the Government may alter or amend the programme in such manner as it considers necessary.",
"name": "Public streets",
"related_acts": "",
"section_id": 115
},
{
"act_id": 678,
"details": "110. (1) No new street shall be laid out except with the previous sanction of the Corporation, and in conformity with the terms and conditions of such sanction. (2) All streets other than public streets shall be maintained in such manner as the by-laws may provide. (3) The Corporation may by notice require that any street may be paved, metalled, drained, channelled, improved or lighted in such manner as may be specified, in the notice, and in the event of default, the Corporation may have the necessary work done through its agency, and the cost incurred thereon by the Corporation shall be deemed to be a tax levied on the person concerned under this Ordinance. (4) The Government may prescribe the manner in which a street other than a public street may be converted into a public street.",
"name": "Streets",
"related_acts": "",
"section_id": 116
},
{
"act_id": 678,
"details": "111. (1) The Corporation may, with the previous sanction of the Government, assign names to streets and paint the names or fix the name plates on or at conspicuous places at or near the end, corner or entrance of the street. (2) No person shall destroy, deface or in any way injure any street, name or name plate, or without the previous permission of the Corporation, remove the same. (3) The Corporation may, in the manner provided in the by-laws, lay down street lines and building lines, and may, among other things, require the setting back of buildings to conform to such street lines and building lines. (4) The Corporation may by by-laws define nuisances and offences with regard to streets, and provide for their prevention and abatement",
"name": "General provisions about streets",
"related_acts": "",
"section_id": 117
},
{
"act_id": 678,
"details": ". 112. (1) No person shall make an encroachment, movable or immovable, on, over or under a street or a drain or any land, house-gully or building or part except under a licence granted by the Corporation and to the extent permitted by the licence. (2) The Corporation may by notice require the person responsible for any such encroachment to remove the same within such period as may be specified, and if the encroachment is not removed within such period, the Corporation may cause the encroachment to be removed through its own agency, and the cost incurred thereon by the Corporation shall be deemed to be a tax levied on the person responsible for the encroachment under this Ordinance. (3) Any person aggrieved by a notice issued under sub-section (2) may, within fifteen days, appeal to the Government whose decision thereon shall be final. (4) Notwithstanding anything in any other law, no compensation shall be payable for any encroachment removed or required to be removed under this Ordinance.",
"name": "Encroachments",
"related_acts": "",
"section_id": 118
},
{
"act_id": 678,
"details": "113. (1) The Corporation shall take such measures as may be necessary for the proper lighting of the public streets and other public places vesting in the Corporation by oil, gas, electricity or such other illuminant as the Corporation may determine. (2) The Corporation may, with the previous sanction of the Government, frame and enforce a street lighting scheme in the prescribed manner.",
"name": "Street lighting",
"related_acts": "",
"section_id": 119
},
{
"act_id": 678,
"details": "114. The Corporation shall take such measures as may be necessary for the watering of public streets for the comfort and convenience of the public, and may, for this purpose, maintain such vehicles, staff, and other apparatus as may be necessary.",
"name": "Street watering",
"related_acts": "",
"section_id": 120
},
{
"act_id": 678,
"details": "115. The Corporation shall be by-laws make such arrangements for the control and regulation of traffic as may be necessary to prevent danger to and ensure the safety, convenience and comfort of the public.",
"name": "Traffic control",
"related_acts": "",
"section_id": 121
},
{
"act_id": 678,
"details": "116. (1) No person shall keep or let for hire, or drive or propel within the limits of the City any public vehicle, other than a motor vehicle, except under a licence granted by the Corporation, and in conformity with the conditions of such licence. (2) No horse or other animal shall be used for drawing a public vehicle within the limits of the City except under a licence granted by the Corporation and in conformity with the conditions of such licence. (3) The Corporation shall, in such manner as the by-laws may provide, and with the previous approval of the Government, fix the rate of fares for the use of public vehicles, and no person plying a public vehicle shall charge a fare in excess thereof. Explanation.- In this section, a “public vehicle” means any vehicle which ordinarily plies for hire.",
"name": "Public vehicles",
"related_acts": "",
"section_id": 122
},
{
"act_id": 678,
"details": "117. (1) For the prevention and extinction of fire, the Corporation may, and if so required by the Government shall, maintain a fire brigade, consisting of such staff and such number of fire stations, and such implements, machinery, equipment and means of communicating intelligence as may be prescribed. (2) On the occurrence of a fire within the City, any Magistrate or any official of a fire brigade directing the operations or any police officer not below the rank of Sub-Inspector, may- (a) \tremove or order the removal of any person who by his presence interferes or impedes the operations for extinguishing the fire or for saving life and property; (b) \tclose any street or passage in or near which any fire is burning; (c) \tfor the purpose of extinguishing the fire, break into or through, or pull down or cause to be broken into or pulled down, or use for the passage of hoses or other appliances, any premises; (d) \tcause mains and pipes to be shut off so as to give greater pressure of water in or near the place where the fire has occurred; (e) \tcall on the person in charge of any fire engine to render such assistance as may be possible; and (f) \tgenerally take such measures as may appear necessary for the preservation of life and property. (3) No person shall be liable to pay damages in respect of anything done or in good faith intended to be done under this section. (4) Notwithstanding the provisions of sub-section (3) or of any other law, or the terms of any insurance policy, any damage done in the exercise of a power conferred, or in the discharge of a duty imposed, by this section shall be deemed to be a damage by fire, for the purpose of any policy of insurance against fire.",
"name": "Fire fighting",
"related_acts": "",
"section_id": 123
},
{
"act_id": 678,
"details": "118. The Corporation shall be responsible for the Civil Defence of the City and it shall, in this behalf, perform such functions as may be prescribed.",
"name": "Civil Defence",
"related_acts": "",
"section_id": 124
},
{
"act_id": 678,
"details": "119. For the fighting of floods, rescuing of people from flood-affected areas, and affording relief to flood-stricken people, the Corporation may, if so required by the Government shall provide such boats, appliances and equipment as may be necessary.",
"name": "Floods",
"related_acts": "",
"section_id": 125
},
{
"act_id": 678,
"details": "120. In the event of a famine, the Corporation may, with the sanction of the Government, execute such famine works and undertake such famine relief measures as may be necessary or may be specified by the Government.",
"name": "Famine",
"related_acts": "",
"section_id": 126
},
{
"act_id": 678,
"details": "121. (1) The Government may, by rules, define the articles and trades which shall be deemed to be dangerous or offensive for the purposes of this section.\t(2) Except under and in conformity with the conditions of a licence granted by the Corporation- (a) \tno person shall carry on any dangerous or offensive trade; (b) \tno premises shall be used or suffered to be used or any dangerous or offensive trade; and (c) \tno person shall store or keep in any premises- (i) \tany dangerous or offensive article except for domestic use; or (ii) \tany dangerous or offensive article in excess of such limits as may be fixed by the by-laws. (3) The Corporation may, with the previous sanction of the Government, prepare and enforce a scheme providing for the prohibition of dangerous and offensive trades in specific areas, within the City, and for the restriction of such trade in any area not so specified.",
"name": "Dangerous and offensive articles and trades",
"related_acts": "",
"section_id": 127
},
{
"act_id": 678,
"details": "122. (1) The Corporation may, and if so required by the Government shall, provide suitable places for the burial and burning of the dead, and shall take necessary measures for the proper maintenances and administration of such burial and burning places. (2) The Government may, by notification in the official Gazette, declare that any burial or burning place which is open to public for burial or burning shall vest in the Corporation, and thereupon, such burial or burning place shall vest in the Corporation, and the Corporation shall take all measures necessary for the proper maintenance and administration thereof. (3) Every burial or burning place which is not administered by the Corporation shall be registered with the Corporation and shall be subject to regulation, supervision and inspection by the Corporation in such manner as the by-laws may provide. (4) No new burial or burning place shall be established within the City except under a licence granted by the Corporation, and in conformity with the conditions of such licence.",
"name": "Burial and burning places",
"related_acts": "",
"section_id": 128
},
{
"act_id": 678,
"details": "123. (1) The Corporation shall plant trees on public streets and other public places within the City and take all such steps as may be necessary for the plantation and protection of trees on such streets and places. (2) The Corporation may, in the prescribed manner and with the previous sanction of the Government, frame and enforce an Arboriculture plan.",
"name": "Arboriculture",
"related_acts": "",
"section_id": 129
},
{
"act_id": 678,
"details": "124. (1) The Corporation may, and if so required by the Government shall, lay out and maintain within the City such public gardens as may be necessary for the recreation and convenience of the public, and such public gardens shall be maintained and administered in such manner as the by-laws may provide. (2) For every public garden, there shall be framed and enforced, in the prescribed manner, a garden Development plan which shall provide for the development and improvement of the garden.",
"name": "Gardens",
"related_acts": "",
"section_id": 130
},
{
"act_id": 678,
"details": "125. The Corporation may provide and maintain within the City such open spaces as may be necessary for the convenience of the public and such spaces shall be grassed, hedged, planted and equipped with such amenities and in such manner as the by-laws may provide.",
"name": "Open spaces",
"related_acts": "",
"section_id": 131
},
{
"act_id": 678,
"details": "126. The Corporation may, in the prescribed manner, frame and enforce Forest plans providing for the improvement, development and exploitation of forests and plant, maintain and work forests in accordance with such plans.",
"name": "Forests",
"related_acts": "",
"section_id": 132
},
{
"act_id": 678,
"details": "127. (1) The Corporation may by by-laws determine the pests of tress and plants and provide for their destruction. (2) If any land or premises within the City is grown with rank or noxious vegetation or undergrowth, the Corporation may by notice require the owner or occupier of such land or premises to clear such vegetation or undergrowth within a specified time, and if he fails to do so within such time, the Corporation may have such vegetation or undergrowth cleared and the cost incurred thereon by the Corporation shall be deemed to be a tax levied on the owner or occupier under this Ordinance. (3) The Corporation may, in the manner provided in the by-laws, require the felling of any tree which is dangerous or the trimming of the branches of any tree which overhang and are likely to interfere with traffic or are otherwise inconvenient. (4) The Corporation may, in the manner provided in the by-laws prohibit the cultivation of any crop which is considered dangerous to public health within such part of the City as may be specified.",
"name": "Nuisances pertaining to trees and plantations",
"related_acts": "",
"section_id": 133
},
{
"act_id": 678,
"details": "128. The Corporation may, and if so re4quired by the Government shall, take such steps with regard to the excavation and re-excavation of tanks and the reclamation of low-lying areas as it thinks fit, or, as the case may be, the Government directs.",
"name": "Tanks and low-lying areas",
"related_acts": "",
"section_id": 134
},
{
"act_id": 678,
"details": "129. (1) The Corporation shall maintain such educational institutions as may be required by the Government and may, with the previous approval of the Government, maintain such other educational institutions as may be necessary for the promotion of education in the city. (2) All educational institutions maintained by the Corporation shall be maintained in a state of efficiency and shall conform to such standards as may be prescribed. (3) The Corporation may levy such fees for the use of educational institutions as may be prescribed. (4) The Corporation may, with the previous approval of the Government, give financial aid to private educational institutions within the City.",
"name": "Education",
"related_acts": "",
"section_id": 135
},
{
"act_id": 678,
"details": "130. Subject to any law for the time being in force, the Corporation shall be responsible for the enforcement of compulsory education in the City, and it may in this behalf adopt all such measures as may be necessary to ensure that every child of school-going age in the City attends a school recognised by the Corporation.",
"name": "Compulsory education",
"related_acts": "",
"section_id": 136
},
{
"act_id": 678,
"details": "131. The Corporation may- (a) \tconstruct and maintain buildings to be used as hostels for students; (b) \tgive scholarships to deserving or specially bright students; (c) \tprovide for the training of teachers; (d) \tpromote adult education; (e) \tprovide school books to orphans and indigent students free of cost or at concessional rates; (f) \tmaintain depots for the sale of school books and articles of stationery; and (g) \twith the previous approval of the Government- (i) \tpromote and assist educational societies; (ii) \tundertake educational survey and enforce educational plans; (iii) \tprovide, whether free of charge or on payment, milk or meals for school children; (h) \tadopt any other measures likely to promote the cause of education.",
"name": "General provisions about education",
"related_acts": "",
"section_id": 137
},
{
"act_id": 678,
"details": "132. The Corporation may, and if so required by the Government shall,- (a) \testablish and maintain information centres for the furtherance of civic education and the dissemination of information on such matters as community development and other matters of public interest; (b) \tmaintain radio sets at public institutions and public places; (c) \torganise museums, exhibitions and art galleries; (d) \tprovide and maintain public halls and community centres; (e) \tcelebrate the Independence Day and other national holidays; (f) \tprovide for the reception of distinguished visitors visiting the Corporation; (g) \tencourage national language; (h) \tpromote physical culture, and encourage public games and sports and organise rallies and tournaments; (i) \tpromote tours to the City and adopt measures for the preservation of the historical and indigenous characteristics of the City; (j) \tprovide, promote or subsidize facilities for the recreation of the public; and (k) \tadopt any other measures likely to promote cultural progress and advancement.",
"name": "Culture",
"related_acts": "",
"section_id": 138
},
{
"act_id": 678,
"details": "133. The Corporation may, and if so required by the Government shall, establish and maintain such public libraries, reading rooms and circulating libraries as may be necessary for the use of the public.",
"name": "Libraries",
"related_acts": "",
"section_id": 139
},
{
"act_id": 678,
"details": "134. The Corporation shall, with the previous approval of the Government, make such arrangements on the occasion of any fairs, shows or public festivals within the City as may be necessary for the public health, public safety and public convenience and may levy fees on the person attending such fairs and shows.",
"name": "Fairs and shows, etc.",
"related_acts": "",
"section_id": 140
},
{
"act_id": 678,
"details": "135. The Corporation may, and if so required by the Government shall,- (a) \testablish, manage and maintain welfare homes, asylums, orphanages, widow homes and other institutions for the relief of the distressed; (b) \tprovide for the burial and burning of paupers found dead within the City at its own expense; (c) \tadopt such measures as may be prescribed for the prevention of beggary, prostitution, gambling, taking of injurious drugs and consumption of alcoholic liquor, juvenile delinquency and other social evils; (d) \torganise social service volunteers; (e) \tadopt such measures as may be prescribed for the promotion of the welfare of backward classes, and women and children; and (f) \tadopt any other measures likely to promote social welfare.",
"name": "Social Welfare",
"related_acts": "",
"section_id": 141
},
{
"act_id": 678,
"details": "136. (1) The Corporation may, and if so required by the Government shall, prepare and implement development plans for such periods and in such manner as may be specified. (2) Such plans shall be subject to the sanction of the Government and shall provide for- (a) \tthe promotion, improvement and development of such function or functions of the Corporation as may be specified; (b) \tthe manner in which the plans shall be financed, executed, implemented and supervised; (c) \tthe agency through which the plans shall be executed and implemented; and (d) \tsuch other matters as may be necessary. (3) The Government may direct that any specified item of income of the Corporation shall wholly or in part be earmarked and applied in the implementation of a development plan.",
"name": "Development plans",
"related_acts": "",
"section_id": 142
},
{
"act_id": 678,
"details": "137. The Corporation may, in the prescribed manner, sponsor of promote community development projects for the City or any part thereof and may in this behalf perform such functions as may be prescribed.",
"name": "Community Development Projects",
"related_acts": "",
"section_id": 143
},
{
"act_id": 678,
"details": "138. The Corporation may, in the prescribed manner and with the previous sanction of the Government promote, administer, execute and implement schemes for undertaking any commercial or business enterprise",
"name": "Commercial Schemes",
"related_acts": "",
"section_id": 144
},
{
"act_id": 678,
"details": "139. (1) As soon as may be after the first day of July every year, and not later than such date as may be fixed by the Government, the Corporation shall submit to the Government a detailed report of the administration during the preceding year in such form as the Government may direct. (2) Copies of the report shall be kept for sale at the Corporation office.",
"name": "Annual administration report of the Corporation",
"related_acts": "",
"section_id": 145
},
{
"act_id": 678,
"details": "140. The Government may, at any time, require the Chief Executive Officer,- (a) \tto produce any record, correspondence, plan or other documents; (b) \tto furnish any return, plan, estimate, statement, accounts or statistics; (c) \tto furnish or obtain and furnish any report; and the Chief Executive Officer shall comply with such requisition.",
"name": "Right of Government to call for records",
"related_acts": "",
"section_id": 146
},
{
"act_id": 678,
"details": "141. The Government may depute any officer to inspect or examine any department or office of the Corporation or any service or work undertaken by the Corporation or any property belonging to the Corporation and to report thereon; and the Corporation and all officers and other employees thereof shall be bound to afford the officer so deputed access at all reasonable times to the premises and properties of the Corporation and to all records, accounts and other documents the inspection of which he may consider necessary to enable him to discharge his duties.",
"name": "Inspection",
"related_acts": "",
"section_id": 147
},
{
"act_id": 678,
"details": "142. If, after consideration of anything requisitioned under section 140 or of any report under section 141 or of any information received otherwise, the Government is of opinion- (a) \tthat any action taken is unlawful or irregular or any duty imposed on the Corporation by or under this Ordinance has not been performed or has been performed in a imperfect, insufficient or unsuitable manner; or (b) \tthat adequate financial provision has not been made for the performance of any duty, the Government may, by order, restrain the Corporation from performing the act or direct the Corporation, within a period specified in the order, to make arrangements to its satisfaction for the proper performance of the duty or to make financial provision to its satisfaction for the performance of the duty, as the case may be, and the Corporation shall comply with such order: Provided that, unless in the opinion of the Government, the immediate execution of such order is necessary, the Government shall, before making an order under this section, give the Corporation an opportunity of showing cause why such order shall not be made.",
"name": "Power of Government to require the Corporation to take action",
"related_acts": "",
"section_id": 148
},
{
"act_id": 678,
"details": "143. If, within the period specified in any order make under section 142, any action directed under that section has not been duly taken, the Government may make arrangement for the taking of such action and may direct that all expenses connected herewith shall be defrayed out of the Corporation Fund.",
"name": "Power of Government of provide for enforcement of direction under section 142",
"related_acts": "",
"section_id": 149
},
{
"act_id": 678,
"details": "144. If, in the opinion of the Government, any proceedings of the Corporation are not in conformity with this Ordinance or the rules, regulations or by-laws or with any other law, the Government may, by order, annul or omit from the records such proceedings and do all things necessary to secure such conformity:",
"name": "Power of Government to annul illegal proceedings",
"related_acts": "",
"section_id": 150
},
{
"act_id": 678,
"details": "145. (1) If, in the opinion of the Government, the Corporation- (a) \tis unable to discharge or persistently fails in discharging its duties, or (b) \tis unable to administer its affairs or meet its financial obligations, or (c) \tgenerally acts in a manner contrary to public interest, or (d) \totherwise exceeds or abuses its power, 69or (e) \thas failed, without any reasonable excuse, to collect at least seventy five per cent of the total amount of the tax, rate, cess, toll, fee and other charges levied by it in a year, the Government may, by order published in the official Gazette, supersede the Corporation for such period as may be specified in the order: Provided that the Government shall, before making an order under this section, give the Corporation an opportunity of showing cause why such order should not be made. (2) On the publication of an order under sub-section (1)- (a) \tall persons holding office as 70* * * 71* * * Mayor and Commissioners shall cease to hold office; (b) \tall the functions of the Corporation shall, during the period of supersession, be exercised and performed 72by such person or authority as the Government may appoint in this behalf; (c) \tall funds and property belonging to the Corporation shall, during the period of supersession, vest in the Government.",
"name": "Supersession of the Corporation",
"related_acts": "",
"section_id": 151
},
{
"act_id": 678,
"details": "146. (1) If, after such enquiry as may be necessary, the Government is of opinion that the Corporation is not able to run a particular department or institution efficiently, it may, by order published in the official Gazette, suspend the authority of the Corporation over such department or institution for such period as may be specified in the order. (2) Where the authority of the Corporation over any department or institution is so suspended, the Government may itself take over the management of such department or institution or make such other arrangements as it thinks fit, and may require the Corporation or, in case the Corporation fails to comply, the Bank or person holding the Corporation Fund to place such amount as may be necessary for the management of such department or institution at the disposal of the Government.",
"name": "Suspension of particular department or institution of the Corporation",
"related_acts": "",
"section_id": 152
},
{
"act_id": 678,
"details": "147. Every act or omission specified in the Third Schedule shall be an offence under this Ordinance.",
"name": "Offences",
"related_acts": "",
"section_id": 153
},
{
"act_id": 678,
"details": "73148. (1) An offence under this Ordinance for which no penalty is expressly provided shall be punished with fine which may extend to ten thousand Taka, and if the offence is a continuing one, with a further fine which may extend to five hundred Taka for every day after the date of the first commission during which period the offender has persisted in the offence. (2) Where a person is convicted of an offence under this Ordinance for the second time, he shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to twenty five thousand Taka or with both. (3) Where a person is convicted of an offence specified in items 3, 14, 19, 24, 44 or 50 of the Third Schedule the Court convicting him may, on the prayer of the Chief Executive Officer or a person mentioned in section 150, also order or direct- (a) \tthe stoppage of doing of any act without any licence or permission; (b) \tthe stoppage of carrying on of any dangerous or offensive trade or the storing of any offensive or dangerous articles; (c) \tthe stoppage of operation or removal of any brick kiln, lime kiln, charcoal kiln or pottery; (d) the removal or destruction of any obscene advertisement; (e) \tthe removal or confiscation of any goods, material, machinery or implement in respect of which or with which any offence mentioned in this sub section is committed, as the case may be.",
"name": "Punishment",
"related_acts": "",
"section_id": 154
},
{
"act_id": 678,
"details": "149. The Chief Executive Officer or any person generally or specially authorised by the Corporation in this behalf may compound any offence under this Ordinance.",
"name": "Compounding of offences",
"related_acts": "",
"section_id": 155
},
{
"act_id": 678,
"details": "150. No Court shall take cognizance of any offence under this Ordinance except on a complaint in writing received from the Chief Executive Officer or a person generally or specially authorised by the Corporation in this behalf.",
"name": "Cognizance of offences",
"related_acts": "",
"section_id": 156
},
{
"act_id": 678,
"details": "151. (1) The Government may, in the prescribed manner, include within the limits of the City any area adjacent thereto or exclude from the limits of the City any area comprised therewith. (2) When any area is included within the limits of the City, this Ordinance and all rules, regulations, by-laws, directions and powers made, issued or conferred under this Ordinance shall apply to the said area. (3) When any area is excluded from the limits of the City, this Ordinance and all rules, regulations, by-laws, orders, directions and powers made, issued or conferred under this Ordinance shall cease to apply thereto. (4) The Government may make such orders as may be necessary to give effect to the inclusion or exclusion of the said area and any matters incidental or ancillary thereto.",
"name": "Power of Government to include and exclude areas in or from the City and effect thereof",
"related_acts": "",
"section_id": 157
},
{
"act_id": 678,
"details": "152. (1) Any person aggrieved by an order passed by the Corporation or by the Mayor 74* * * or by the Chief Executive Officer in pursuance of this Ordinance or the rules or by-laws, may appeal to such authority, in such manner and within such period as may be prescribed. (2) Any order passed in appeal shall be final and shall not be called in question in any Court.",
"name": "Appeals",
"related_acts": "",
"section_id": 158
},
{
"act_id": 678,
"details": "153. The Government may, by Standing Orders issued from time to time,- (a) \tdefine and regulate the relations of the Corporation with other local authorities; (b) \tprovide for co-ordinating the activities of the Corporation and Government authorities or agencies; (c) \tprovide for giving financial assistance to the Corporation, including the making of grants for specified purposes on specified terms and conditions; (d) \tprovide for the general guidance of the Corporation in carrying out the purposes of this Ordinance.",
"name": "Standing Orders",
"related_acts": "",
"section_id": 159
},
{
"act_id": 678,
"details": "154.\t(1) The Government may make rules to carry out the purposes of this Ordinance. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the matters enumerated in the Fourth Schedule, and all matters incidental, consequential and supplemental thereto.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 160
},
{
"act_id": 678,
"details": "155. The Corporation may make regulations to regulate the procedure in respect of all or any of the matter enumerated in the Fifth Schedule, and all matters incidental, consequential and supplemental thereto.",
"name": "Power to make regulations",
"related_acts": "",
"section_id": 161
},
{
"act_id": 678,
"details": "156. (1) The Corporation may, and if so required by the Government shall, make by-laws, not inconsistent with the provisions of this Ordinance and the rules, to carry out the purposes of this Ordinance. (2) In particular and without prejudice to the generality of the foregoing power, such by-laws may provide for all or any of the matters enumerated in the Sixth Schedule, and all matters incidental, consequential and supplemental thereto.",
"name": "Power to make by-laws",
"related_acts": "",
"section_id": 162
},
{
"act_id": 678,
"details": "157. (1) All by-laws shall be made subject to the condition of previous publication. (2) All regulations and by-laws shall be subject to the sanction of the Government and the Government may sanction any regulations or by-laws with or without modifications. (3) All rules, regulations and by-laws shall be notified in the official Gazette. (4) Copies of rules, regulations and by-laws shall be kept available at the office of the Corporation for inspection and sale.",
"name": "General provisions relating to rules, etc.",
"related_acts": "",
"section_id": 163
},
{
"act_id": 678,
"details": "158. (1) The Government may, by notification in the official Gazette, delegate all or any of its powers under this Ordinance or the rules to the Divisional Commissioner or any other officer subordinate to it. (2) The Corporation may, by resolution passed with the previous sanction of the Government and subject to such terms and conditions as may be specified in the resolution, delegate any of its functions to all or any of its Standing Committees or to the Chief Executive Officer. (3) A Standing Committee may, by resolution passed with the previous sanction of the Corporation and subject to such terms and conditions as may be specified in the resolution, delegate any of its functions to the Chief Executive Officer not being powers delegated to it under sub-section(2). (4) The Chief Executive Officer may, by order in writing issued with the previous sanction of the Corporation and subject to such terms and conditions as may be specified in the order, delegate any of his functions to any other officer or employee of the Corporation not being powers delegated to him under sub-section (2) or sub-section(3).",
"name": "Delegation of powers",
"related_acts": "",
"section_id": 164
},
{
"act_id": 678,
"details": "159. (1) Wherever it is provided in this Ordinance, or in the rules, regulations or by-laws, that the permission or sanction of the Corporation shall be necessary to the doing of any act, such permission or sanction shall be in writing. (2) Every licence, sanction or permission granted by or under the authority of the Corporation shall be signed by the Chief Executive Officer or by such other officer as may be authorised in this behalf by rules, regulations or by-laws.",
"name": "Licences and sanctions",
"related_acts": "",
"section_id": 165
},
{
"act_id": 678,
"details": "160.\tNo suit shall be instituted against the Corporation or the Mayor 75* * * or Commissioner or the Chief Executive Officer or any other officer or employee of the Corporation in respect of any act done or purporting to be done in official capacity, until the expiration of one month next after notice in writing has been in the case of the Corporation, delivered or left at its office, and in the case of the Mayor 76* * * or any Commissioner, or the Chief Executive Officer or other officer or employee delivered to him or left at his office or place or abode, stating the cause of action and the name and place of abode of the intending plaintiff and the plaint shall contain a statement that such notice has been so delivered or left.",
"name": "Institution of suits against the Corporation, etc.",
"related_acts": "",
"section_id": 166
},
{
"act_id": 678,
"details": "161. (1) Where anything is required to be done or not be done by any person under this Ordinance, or the rules, regulation or by-laws, a notice shall be served on the person concerned specifying the time within which the requirement shall be complied with. (2) No notice shall be invalid for defect of form. (3) Every notice shall, unless otherwise provided, be served or presented by giving or tendering the notice or sending it by post to the person for whom it is intended or by affixing it on some conspicuous part of his place of abode or business. (4) A notice intended for the public in general shall be deemed to have been sufficiently served if a copy thereof is affixed in such public place as may be determined by the Corporation.",
"name": "Notice and service thereof",
"related_acts": "",
"section_id": 167
},
{
"act_id": 678,
"details": "162. All records prepared or registers maintained under this Ordinance shall be deemed to be public documents within the meaning of the Evidence Act, 1872 (I of 1872), and shall be presumed to be genuine until the contrary is proved.",
"name": "Records to be public documents",
"related_acts": "24",
"section_id": 168
},
{
"act_id": 678,
"details": "163. The Mayor 78* * * and every Commissioner and the Chief Executive Officer and every other officer or employee of the Corporation, and every other person duly empowered to act on behalf of the Corporation, shall be deemed to be a public servant within the meaning of section 21 of the Penal Code (XLV of 1860).",
"name": "Mayor, * * * Commissioners, Officers and employees of the Corporation to be public servants",
"related_acts": "",
"section_id": 169
},
{
"act_id": 678,
"details": "163A. Mayor, etc., not to be disqualified for membership of Parliament.-Omitted by section 35 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993), which was inserted by section 13 of the Khulna Municipal Corporation (Amendment) Ordinance, 1986 (Ordinance No. LV of 1986).",
"name": "omitted",
"related_acts": "",
"section_id": 170
},
{
"act_id": 678,
"details": "164. No suit, prosecution or other legal proceeding shall lie against the Government or the Corporation, or against any person authorised by either, for anything which is in good faith done or intended to be done under this Ordinance or the rules, regulations or by-laws, or for any damage caused or likely to be caused by any such thing.",
"name": "Protection of action taken in good faith, etc.",
"related_acts": "",
"section_id": 171
},
{
"act_id": 678,
"details": "165. The provisions of this Chapter shall have effect notwithstanding anything contained in any other provision of this Ordinance.",
"name": "Provisions of this Chapter over-ride other provisions",
"related_acts": "",
"section_id": 172
},
{
"act_id": 678,
"details": "166. (1) Notwithstanding anything contained in this Ordinance or any other law for the time being in force, on the commencement of this Ordinance, the Khulna Paurashava constituted under the Paurashava Ordinance, 1977 (XXVI of 1977), shall be deemed to be the Khulna Municipal Corporation. (2) Until the Corporation is constituted in accordance with the provisions of this Ordinance, the Corporation shall consist of an Administrator, a Deputy Administrator and such number of Commissioners as may be appointed by the Government. (3) The Administrator shall perform the functions of the Mayor and the Deputy Administrator shall assist the Administrator in the performance of his functions. (4) A person appointed under this section may be removed by the Government at any time without assigning any reason whatsoever.",
"name": "Khulna Paurashava to become the Corporation, etc.",
"related_acts": "549",
"section_id": 173
},
{
"act_id": 678,
"details": "167. For the purpose of first general election of Commissioners, the Government shall, by order published in the official Gazette, determine- (a) \tthe number of wards into which the City shall be divided: (b) \tthe extent of each such ward; and (c) \tthe number of seat or seats allotted to catch such ward.",
"name": "First elections to the Corporation",
"related_acts": "",
"section_id": 174
},
{
"act_id": 678,
"details": "79167A. Notwithstanding anything contained in this Ordinance or in any other law for the time being in force, all orders made, acts and things done, and actions and proceedings taken, or purported to have been made, done or taken, by the Corporation during the period between 18th September, 1991 and the date of the first meeting of the Corporation composed of persons elected, subsequent to 18th September, 1991 under this Ordinance (both days inclusive), are hereby ratified and confirmed and declared to have been validly made, done or taken by the Corporation and shall not be called in question in or before any Court, tribunal or authority on any ground whatsoever.",
"name": "Ratification and confirmation of certain orders, acts, etc. of the Corporation",
"related_acts": "",
"section_id": 175
},
{
"act_id": 678,
"details": "168. (1) On the commencement of this Ordinance, the Paurashava Ordinance, 1977 (XXVI of 1977), shall, in its application to the City of Khulna, stand repealed. (2) Upon the repeal of the said Ordinance,- (a) \tthe Khulna Paurashava shall stand dissolved and the persons holding offices as Chairman and Commissioners thereof cease to hold office; (b) \tall rules, regulation, by-laws or orders made, notifications or notices issued, or licences or permissions granted under the enactment repeal under sub-section (1), aid in force immediately before the commencement of this Ordinance shall in so far as it is not inconsistent with the provisions of this Ordinance, continue in force and be deemed to have been respectively made, issued or granted under the provisions of this Ordinance until it is altered, repealed or amended under the said provisions; (c) \tall assets, rights, powers, authorities and privileges and all property, movable and immovable, cash and bank balances, funds, investments and all other rights and interests in, or arising out of, such property of the Khulna Paurashava subsisting immediately before the commencement of this Ordinance shall stand transferred to and vest in the Corporation; (d) \tall debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for Khulna Paurashava before the commencement of this Ordinance shall be deemed to have been incurred, entered into or engaged to be done by, with or for the Corporation; (e) \tall budget estimates, assessments, valuations, measurements or schemes made by the Khulna Paurashava shall, in so far as they are not inconsistent with the provisions of this Ordinance, continue in force and be deemed to have been made under the provisions of this Ordinance until it is altered, amended or superseded under the said provisions; (f) \tall taxes, rates, tolls, cesses, fees, rents and other sums of money due to the Khulna Paurashava immediately before the commencement of this Ordinance shall be deemed to be due to the Corporation; (g) \tall taxes, rates, tolls, cesses, fees, rents, fares and other charges levied by the Khulna Paurashava shall, until they are varied by the Corporation, continue to be levied at the same rate at which they were levied by them immediately before the commencement of this Ordinance; (h) \tevery officer and other employee of the Khulna Paurashava shall stand retransferred to and become an officer or other employee of the Corporation with such designation as the Chief Executive Officer with the approval of the Mayor may determine and shall hold office or service in the Corporation on the same terms and conditions as were enjoyed by him immediately before the commencement of this Ordinance and shall continue to do so until his terms and conditions are duly altered under this Ordinance: Provided that no officer or other employee whose services are so transferred shall be entitled to any compensation because of such transfer: Provided further that an officer or other employee may, within such time as may be specified by the Corporation, exercise his option not to serve in the Corporation; (i) \tall suits, prosecutions and other legal proceedings instituted by or against the Khulna Paurashava before the commencement of this Ordinance shall be deemed to be suits, prosecutions and proceedings by or against the Corporation and shall be proceeded or otherwise dealt with accordingly.",
"name": "Repeal, etc",
"related_acts": "549",
"section_id": 176
},
{
"act_id": 678,
"details": "169. Where this Ordinance makes any provision for anything to be done but no provision, or no sufficient provision, has been made as respects the authority by whom, or the manner in which, it shall be done, then, it shall be done by such authority and in such manner as may be prescribed.",
"name": "Certain matters to be prescribed",
"related_acts": "",
"section_id": 177
},
{
"act_id": 678,
"details": "170. If any difficulty arises in giving effect to the provisions of this Ordinance, the Government may, by order do anything which appears to it to be necessary for the purpose of removing the difficulty: Provided that no such order shall be made after the expiration of two years from the constitution of the Corporation.",
"name": "Removal of difficulties",
"related_acts": "",
"section_id": 178
}
],
"text": "An Ordinance to consolidate and amend the law relating to the municipal administration of the City of Khulna. WHEREAS it is expedient to consolidate and amend the law relating to the municipal administration of the City of Khulna; NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 679,
"lower_text": [],
"name": "ভূমি-খতিয়ান (পার্বত্য চট্টগ্রাম) অধ্যাদেশ, ১৯৮৪",
"num_of_sections": 18,
"published_date": "১৬ জানুয়ারী, ১৯৮৫",
"related_act": [],
"repelled": false,
"sections": [
{
"act_id": 679,
"details": "১৷ (১) এই অধ্যাদেশ ১৯৮৪ সনের ভূমি-খতিয়ান (পার্বত্য চট্টগ্রাম) অধ্যাদেশ নামে অভিহিত হইবে৷ (২) ইহা সমগ্র পাবর্ত্য চট্টগ্রাম এলাকায় প্রযোজ্য হইবে৷",
"name": "সংক্ষিপ্ত শিরোনামা ও প্রয়োগ",
"related_acts": "",
"section_id": 1
},
{
"act_id": 679,
"details": "২৷ বিষয় বা প্রসংগের পরিপন্থী কোন কিছু না থাকিলে, এই অধ্যাদেশে,- (ক)\t“পার্বত্য চট্টগ্রাম” বলিতে পার্বত্য চট্টগ্রাম, বান্দরবন ও খাগড়াছড়ি জেলাসমূহের অন্তর্গত সকল এলাকাকে বুঝাইবে; (খ) \t“ভূমি” বলিতে পানি বা জলাশয় অন্তর্ভুক্ত হইবে; (গ)\t“রাজস্ব অফিসার” বলিতে সহকারী সেটেলমেন্ট অফিসার অথবা এই অধ্যাদেশ বা তদধীনে প্রণীত বিধি অনুযায়ী রাজস্ব অফিসারের সকল বা যে কোন দায়িত্ব পালনের জন্য সরকার কর্তৃক নিয়োজিত অন্য কোন অফিসারকে বুঝাইবে৷",
"name": "সংজ্ঞা",
"related_acts": "",
"section_id": 2
},
{
"act_id": 679,
"details": "৩৷ সরকার, যথোচিত মনে করিলে, এই অধ্যাদেশের বিধানাবলী মোতাবেক রাজস্ব অফিসার দ্বারা পার্বত্য চট্টগ্রাম এলাকা বা উহার যে কোন অংশের জরীপ এবং ভূমি-খতিয়ান প্রস্তুত বা সংশোধন করার নির্েদশ দিয়া সরকারী গেজেটে বিজ্ঞপ্তির মাধ্যমে আদেশ জারী করিতে পারিবেন৷",
"name": "ভূমি-খতিয়ান প্রস্তুত",
"related_acts": "",
"section_id": 3
},
{
"act_id": 679,
"details": "৪৷ (১) ৩ ধারার অধীন কোন আদেশ জারী করা হইলে, রাজস্ব অফিসার প্রতিটি মৌজাকে জরীপের একটি একক ধরিয়া উহার অন্তর্গত রাস্তা-ঘাট, নদী-নালা, বাড়ী-ঘর, মাঠ ও অন্যান্য প্রাকৃতিক বৈশিষ্ট্য প্রদর্শন করিয়া বড় আকারের একটি ম্যাপ প্রস্তুত করিবেন এবং প্রস্তুতব্য বা সংশোধনীয় ভূমি-খতিয়ানে সরকার যে সকল বিবরণ লিপিবদ্ধ করার সিদ্ধান্ত গ্রহণ করেন সেই সকল বিবরণ লিপিবদ্ধ করিবেন৷ (২) যে ক্ষেত্রে কোন মৌজার পূর্ব-নির্ধারিত সীমানাভুক্ত কোন এলাকা জরীপ ও খতিয়ানের একক হিসাবে অনুপযুক্ত, সেই ক্ষেত্রে রাজস্ব অফিসার যতদূর সম্ভব স্থানীয় জনগণের মতামত এবং জেলা প্রশাসকের অভিমত যাচাই করিবার পর জরিপের একক হিসাবে গ্রহণের উদ্দেশ্য এলাকা নির্ধারণের জন্য সরকারের নিকট, ভূমি রেকর্ড ও জরিপের মহা-পরিচালকের মাধ্যমে, প্রস্তাব পেশ করিবেন এবং সরকার যদি এককটি অনুমোদন করেন তাহা হইলে উহাকে ম্যাপ ও ভূমি-খতিয়ান প্রস্তুত ও সংশোধনের জন্য একটি মৌজা হিসাবে ঘোষণা ও গ্রহণ করা হইবে৷",
"name": "ভূমি-খতিয়ানে যে সকল বিবরণ লিপিবদ্ধ করা হইবে",
"related_acts": "",
"section_id": 4
},
{
"act_id": 679,
"details": "১০৷ এই অধ্যাদেশের অধীন প্রস্তুতকৃত বা সংশোধিত ভূমি-খতিয়ানে লিপিবদ্ধ প্রত্যেক তথ্য তত্সম্পর্িকত বিষয়ের প্রমাণ হিসাবে গণ্য হইবে এবং তাহা সাক্ষ্য প্রমাণ দ্বারা অশুদ্ধ প্রমাণিত না হওয়া পর্যন্ত শুদ্ধ বলিয়া বিবেচিত হইবে৷",
"name": "ভূমি-খতিয়ানের শুদ্ধতা সম্পর্েক অনুমান",
"related_acts": "",
"section_id": 5
},
{
"act_id": 679,
"details": "১৬৷ ভূমি-খতিয়ান প্রস্তুত বা সংশোধনের নির্েদশ সংক্রান্ত কোন আদেশ বা ভূমি-খতিয়ান প্রস্তুত বা সংশোধন সম্পর্িকত কোন বিষয় সম্পর্েক কোন আদালতে মোকদ্দমা দায়ের বা দরখাস্ত পেশ করা চলিবে না৷",
"name": "আদালতের এখতিয়ারের প্রতিবন্ধক",
"related_acts": "",
"section_id": 6
},
{
"act_id": 679,
"details": "১৭৷ সরকার এই অধ্যাদেশের উদ্দেশ্য পূরণকল্পে সরকারী গেজেটে বিজ্ঞপ্তির মাধ্যমে বিধি প্রণয়ন করিতে পারিবেন৷",
"name": "বিধি প্রণয়নের ক্ষমতা",
"related_acts": "",
"section_id": 7
},
{
"act_id": 679,
"details": "১৮৷ ১৮৭৫ সনের সার্েভ এ্যাক্ট (১৮৭৫ সনের ৫ নং বেঙ্গল এ্যাক্ট) এবং তদধীনে প্রণীত বিধিসমূহ পার্বত্য চট্টগ্রাামে প্রযোজ্য হইবে৷",
"name": "পার্বত্য চট্টগ্রামে ১৮৭৫ সনের ৫ নং বেঙ্গল এ্যাক্টের প্রয়োগ",
"related_acts": "",
"section_id": 8
},
{
"act_id": 679,
"details": "৫৷ ৪ ধারা অনুযায়ী খসড়া ভূমি-খতিয়ান প্রস্তুত বা সংশোধিত হওয়ার পর, রাজস্ব অফিসার অন্যুন তিরিশ দিন পর্যন্ত জনসাধারণের পরিদর্শনের উদ্দেশ্যে খসড়াটি প্রকাশ করিবেন এবং এইরূপ প্রকাশের মেয়াদের মধ্যে উক্ত খতিয়ানে লিখিত অথবা উহা হইতে বাদ পড়িয়া যাওয়া কোন কিছু সম্পর্েক কোন আপত্তি দায়ের করা হইলে, রাজস্ব অফিসার তাহা গ্রহণ করিবেন এবং বিবেচনা করিয়া দেখিবেন৷",
"name": "খসড়া ভূমি-খতিয়ান প্রকাশন",
"related_acts": "",
"section_id": 9
},
{
"act_id": 679,
"details": "৬৷ (১) ৫ ধারার অধীন দায়েরকৃত আপত্তির উপর রাজস্ব অফিসারের কোন আদেশের দ্বারা সংক্ষুব্ধ কোন ব্যক্তি আদেশের তারিখ হইতে তিরিশ দিনের মধ্যে সেটেলমেন্ট অফিসারের নিকট আপীল দায়ের করিতে পারিবেন৷ (২) এইরূপ প্রত্যেকটি আপীল লিখিত হইতে হইবে এবং উহাতে আপীলের কারণ সমূহের বর্ণনা থাকিতে হইবে এবং যে আদেশের বিরুদ্ধে আপীল দায়ের করা হইবে উহার একটি প্রত্যায়িত নকল উক্ত আপীলের সহিত সংযোজন করিতে হইবে৷ (৩) সেটেলমেন্ট অফিসার স্বয়ং এইরূপ আপীল নিষ্পন্ন করিতে পারিবেন অথবা উহা নিষ্পত্তির জন্য তাঁহার অধস্তন এইরূপ কোন সহকারী সেটেলমেন্ট অফিসারের নিকট হস্তান্তর করিতে পারিবেন যিনি নিজে উক্ত ভূমি-খতিয়ান প্রস্তুত বা সংশোধন করেন নাই৷",
"name": "আপীল",
"related_acts": "",
"section_id": 10
},
{
"act_id": 679,
"details": "৭৷ (১) যে ব্যক্তি ৫ ধারার অধীন আপত্তি অথবা ৬ ধারার অধীন আপীল শুনিবেন, তিনি পার্বত্য চট্টগ্রামে দেওয়ানী বিচারের পরিচালনা কার্েয নিয়োজিত কোন অফিসার কর্তৃক প্রয়োগযোগ্য সকল ক্ষমতা এবং ১৮৭৫ সনের সার্েভ এ্যাক্ট (১৮৭৫ সালের ৫ নং বেঙ্গল এ্যাক্ট) এর অধীন কালেক্টরের সমস্ত ক্ষমতার অধিকারী হইবেন৷ (২) আপত্তি বা আপীল সংক্ষেপে নিষ্পন্ন করা হইবে এবং নথিতে সাক্ষ্য প্রমাণের সার-সংক্ষেপ ও রায়ের যৌক্তিকতার সারাংশ লিপিবদ্ধ করা হইবে৷ (৩) সংশ্লিষ্ট পক্ষগণকে যুক্তিসংগত শুনানীর সুযোগ প্রদান না করিয়া কোন আপত্তি বা আপীল নিষ্পন্ন করা যাইবে না৷",
"name": "আপত্তি ও আপীল নিষ্পত্তির পদ্ধতি",
"related_acts": "",
"section_id": 11
},
{
"act_id": 679,
"details": "৮৷ (১) দায়েরকৃত যাবতীয় আপত্তি ও আপীল নিষ্পত্তির পর, রাজস্ব অফিসার চূড়ান্ত ভূমি-খতিয়ান প্রস্তুত করিবেন এবং উহা মুদ্রণের ব্যবস্থা গ্রহণ করিবেন৷ (২) ভূমি-খতিয়ান মুদ্রণের পর রাজস্ব অফিসার উহা অন্যুন তিরিশ দিনের জন্য চূড়ান্তভাবে প্রকাশের ব্যবস্থা করিবেন এবং এইরূপ প্রকাশন খতিয়ানটি যে এই অধ্যাদেশের অধীনে যথাযথভাবে প্রস্তুত বা সংশোধিত হইয়াছে তাহার চূড়ান্ত প্রমাণ হিসাবে গণ্য হইবে৷",
"name": "ভূমি-খতিয়ানের চূড়ান্ত প্রকাশনা",
"related_acts": "",
"section_id": 12
},
{
"act_id": 679,
"details": "৯৷ ভূমি-খতিয়ান চূড়ান্তভাবে প্রকাশিত হইবার পর, ভূমি রেকর্ড ও জরীপের মহা-পরিচালক কর্তৃক এতদুদ্দেশ্যে নির্ধারিত সময়ের মধ্যে রাজস্ব অফিসার উক্তরূপ চূড়ান্ত প্রকাশনার বিষয় ও উহার তারিখ উল্লেখ করিয়া একটি প্রত্যায়ন প্রস্তুত করিবেন এবং উহাতে তাঁহার নাম ও সরকারী পদবী উল্লেখপূর্বক তারিখসহ স্বাক্ষর দান করিবেন৷",
"name": "চূড়ান্ত প্রকাশনের প্রত্যায়ন পত্র",
"related_acts": "",
"section_id": 13
},
{
"act_id": 679,
"details": "১১৷ সেটেলমেন্ট অফিসার, কোন দরখাস্তের প্রেক্ষিতে বা স্বীয় উদ্যোগে, তাঁহার অধস্তন কোন রাজস্ব অফিসারের নিকট হইতে এই অধ্যাদেশের অধীনে দায়েরকৃত যে কোন মোকদ্দমা প্রত্যাহার করিয়া নিজেই নিষ্পত্তি করিতে পারিবেন অথবা নিষ্পত্তির জন্য তাঁহার অধস্তন অন্য কোন রাজস্ব অফিসারের নিকট বদলী করিতে পারিবেন৷",
"name": "মোকদ্দমা প্রত্যাহার ও বদলী সম্পর্েক সেটেলমেন্ট অফিসারের ক্ষমতা",
"related_acts": "",
"section_id": 14
},
{
"act_id": 679,
"details": "১২৷ (১) সেটেলমেন্ট অফিসার, কোন দরখাস্তের প্রেক্ষিতে বা স্বীয় উদ্যোগে, সংশ্লিষ্ট রেকর্ডসমূহ পর্যালোচনা এবং তাঁহার বিবেচনায় প্রয়োজনীয় তদন্তের পর যদি এই মর্েম সন্তুষ্ট হন যে কোন ভূমি-খতিয়ানে প্রতারণার মাধ্যমে কোন তথ্য লিপিবদ্ধ করা হইয়াছে, তাহা হইলে তিনি ভূমি-খতিয়ানটির চূড়ান্ত প্রকাশনের পূর্েব উহার সংশোধন করিবার জন্য নির্েদশ দান করিতে পারিবেন৷ (২) সেটেলমেন্ট অফিসার সংশ্লিষ্ট পক্ষগণকে শুনানীর জন্য যুক্তিসংগত সুযোগ প্রদান না করিয়া এই ধারার অধীন কোন আদেশ দান করিবেন না৷ (৩) এই ধারার অধীন প্রদত্ত আদেশ চূড়ান্ত বলিয়া গণ্য হইবে৷",
"name": "প্রতারণামূলক লিপি-ভূক্তির সংশোধন",
"related_acts": "",
"section_id": 15
},
{
"act_id": 679,
"details": "১৩৷ চূড়ান্ত ভূমি-খতিয়ান প্রকাশনের পূর্েব যে কোন সময়ে সেটেলমেন্ট অফিসার কোন এলাকা সম্পর্েক এই অধ্যাদেশের অধীনে গৃহীত কার্যধারার যে কোন অংশ বাতিলের নির্েদশ দান করিতে পারিবেন এবং কোন পর্যায় হইতে উক্ত কার্যধারা পুনরায় আরম্ভ করা হইবে তাহাও নির্িদষ্ট করিয়া দিতে পারিবেন৷",
"name": "সেটেলমেন্ট অফিসারের বিশেষ ক্ষমতা",
"related_acts": "",
"section_id": 16
},
{
"act_id": 679,
"details": "১৪৷ সরকারের সাধারণ তত্বাবধান সাপেক্ষে, এই অধ্যাদেশের অধীনে গৃহীত যাবতীয় কার্য ভূমি রেকর্ড ও জরীপের মহা-পরিচালকের তত্বাবধানে ও নিয়ন্ত্রণে পরিচালিত হইবে এবং তিনি এই অধ্যাদেশের অধীনে রাজস্ব অফিসারের যাবতীয় ক্ষমতা প্রয়োগ ও দায়িত্ব পালন করিতে পারিবেন৷",
"name": "এই অধ্যাদেশের অধীন মহা-পরিচালকের তত্ত্বাবধান ও নিয়ন্ত্রণ ক্ষমতা",
"related_acts": "",
"section_id": 17
},
{
"act_id": 679,
"details": "১৫৷ (১) এই অধ্যাদেশের অধীনে কোন মৌজার ভূমি-খতিয়ান চূড়ান্তভাবে প্রস্তুত বা সংশোধনের পর, রাজস্ব অফিসার এতদসংক্রান্ত যাবতীয় কাগজপত্রসহ সকল মুদ্রিত ম্যাপ ও ভূমি-খতিয়ান সংশ্লিষ্ট জেলা প্রশাসকের নিকট হস্তান্তর করিবেন৷(২) জেলা প্রশাসক মুদ্রিত ম্যাপ ও ভূমি-খতিয়ান সরকার কর্তৃক নির্ধারিত মূল্যে বিক্রয়ের ব্যবস্থা করিবেন৷",
"name": "জেলা প্রশাসকের নিকট ম্যাপ ও ভূমি-খতিয়ান হস্তান্তর",
"related_acts": "",
"section_id": 18
}
],
"text": "পার্বত্য চট্টগ্রাম এলাকার ভূমি-খতিয়ান প্রস্তুতের বিধান করার জন্য অধ্যাদেশ৷ যেহেতু পার্বত্য চট্টগ্রাম এলাকার ভূমি-খতিয়ান প্রস্তুতের ও তত্সংক্রান্ত বিষয়াদির ব্যাপারে বিধান করা সমীচীন ও প্রয়োজনীয়; সেহেতু, এক্ষণে, রাষ্ট্রপতি ১৯৮২ সনের ২৪শে মার্চ তারিখের ফরমান এবং এই ক্ষেত্রে তাঁহার অন্যান্য সকল ক্ষমতাবলে িনুরূপ অধ্যাদেশ প্রণয়ন ও জারী করিলেন:-"
} |
{
"id": 680,
"lower_text": [],
"name": "The Public Servants (Dismissal on Conviction) Ordinance, 1985",
"num_of_sections": 5,
"published_date": "3rd February, 1985",
"related_act": [
680
],
"repelled": true,
"sections": [
{
"act_id": 680,
"details": "1. This Ordinance may be called the Public Servants (Dismissal on Conviction) Ordinance, 1985.",
"name": "Short title",
"related_acts": "680",
"section_id": 1
},
{
"act_id": 680,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a) \t“public servant” means a person in the service of the Republic and includes a chairman, vice-chairman, director, managing director, trustee, member, commissioner, teacher, officer or other employee of any local authority, statutory corporation, including a university, or any other body, authority or organisation constituted or established by the Government or by or under any law, but does not include any person who- (i) \tis a member of any defence service; or (ii)\tholds any office which is filled by election under any law; and (b)\t“Schedule” means the Schedule annexed to this Ordinance.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 680,
"details": "3. (1) Notwithstanding anything contained in any other law for the time being in force or in any rule, regulation, bye-law, instrument or contract or in any terms and conditions of service, a public servant shall, on his conviction of a criminal offence specified in the Schedule, stand dismissed from service on the date of delivery of the judgment or order convicting him. (2) The Court convicting of public servant of criminal offence specified in the Schedule shall, if the fact of his being a public servant comes to its knowledge in the course of the trial, inform his employer of his conviction immediately after the delivery of the judgment or order. (3) If a public servant dismissed under sub-section (1) is acquitted on appeal by a Appellate Court, he shall be re-instated in service, provided he has not already attained the age of superannuation or the post or service concerned has not been abolished.",
"name": "Dismissal of public servants on conviction",
"related_acts": "",
"section_id": 3
},
{
"act_id": 680,
"details": "4. (1) Where the President is satisfied that there are extenuating circumstances to exempt any public servant from the application of the provisions of section 3, he may, by order, direct that section 3 shall not apply to that public servant whereupon the public servant shall be deemed not to have been dismissed from service. (2) Where an order under sub-section (1) is made by the President, the President or the appointing authority or any authority not subordinate to the appointing authority may make such order in respect of the public servant, other than an order for dismissal, as he or it may deem fit.",
"name": "Exemption, etc.",
"related_acts": "",
"section_id": 4
},
{
"act_id": 680,
"details": "5. The provisions of this Ordinance shall be in addition to, and not in derogation of, any other law, rule or regulation for the time being in force relating to the terms and conditions of service of a public servant including disciplinary matters.",
"name": "Application of other laws, etc.",
"related_acts": "",
"section_id": 5
}
],
"text": "An Ordinance to provide for dismissal of a public servant on his conviction of certain criminal offences. WHEREAS it is expedient to provide for the dismissal of a public servant on his conviction of certain criminal offences; NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 681,
"lower_text": [],
"name": "The Ghousul Azam Abdul Qader Jillani Mosque Trust (Repeal) Ordinance, 1985",
"num_of_sections": 2,
"published_date": "30th March, 1985",
"related_act": [
681
],
"repelled": false,
"sections": [
{
"act_id": 681,
"details": "1. This Ordinance may be called the Ghousul Azam Abdul Qader Jillani Mosque Trust (Repeal) Ordinance, 1985.",
"name": "Short title",
"related_acts": "681",
"section_id": 1
},
{
"act_id": 681,
"details": "2. The Ghousul Azam Abdul Qader Jillani Mosque Trust Ordinance, 1984 (XLVI of 1984), is hereby repealed.",
"name": "Repeal",
"related_acts": "",
"section_id": 2
}
],
"text": "An Ordinance to repeal the Ghousul Azam Abdul Qader Jillani Mosque Trust Ordinance, 1984. WHEREAS it is expedient to repeal the Ghousul Azam Abdul Qader Jillani Mosque Trust Ordinance, 1984 (XLVI of 1984); NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 682,
"lower_text": [
"1 The words “Assistant Judges” were substituted for the word “Munsifs” by section 2 of the Family Courts (Amendment) Act, 1989 (Act No. XXX of 1989).",
"2 The words “Assistant Judges” were substituted for the word “Munsifs” by section 2 of the Family Courts (Amendment) Act, 1989 (Act No. XXX of 1989).",
"3 The words “Assistant Judges” were substituted for the word “Munsifs” by section 2 of the Family Courts (Amendment) Act, 1989 (Act No. XXX of 1989).",
"4 The words “and a brief summary of the facts to which they would depose” were omitted by section 3 of the Family Courts (Amendment) Act, 1989 (Act No. XXX of 1989).",
"5 The words “and shall also enter such documents in a list to be added or annexed to the plaint” were inserted by section 3 of the Family Courts (Amendment) Act, 1989 (Act No. XXX of 1989).",
"6 Sub-section (7) was substituted by section 3 of the Family Courts (Amendment) Act, 1989 (Act No. XXX of 1989).",
"7 Sub-sections (8) and (9) were added by section 3 of the Family Courts (Amendment) Act, 1989 (Act No. XXX of 1989).",
"8 The words, figure and brackets “and copies of the list of documents referred to in sections 6(5) and 6(6) ” were substituted for the words, figure and brackets ” a copy of the schedule referred to in section 6(3), a copy of the document referred to in section 6(5) and a list of the document referred to in section 6(6)” by section 4 of the Family Courts (Amendment) Act, 1989 (Act No. XXX of 1989).",
"9 The figure “20” was inserted by section 4 of the Family Courts (Amendment) Act, 1989 (Act No. XXX of 1989).",
"10 The colon (:) was substituted for the full-stop (.) and thereafter the proviso was added by section 5 of the Family Courts (Amendment) Act, 1989 (Act No. XXX of 1989).",
"11 The words “and a brief summary of the facts to which they would depose” were omitted by section 5 of the Family Courts (Amendment) Act, 1989 (Act No. XXX of 1989).",
"12 The words “and shall also enter such documents in a list to be added or annexed to the written statement” were inserted by section 5 of the Family Courts (Amendment) Act, 1989 (Act No. XXX of 1989).",
"13 Sub-section (5) was substituted by section 5 of the Family Courts (Amendment) Act, 1989 (Act No. XXX of 1989).",
"14 Sub-section (7) was added by section 5 of the Family Courts (Amendment) Act, 1989 (Act No. XXX of 1989).",
"15 The words “not exceeding twenty-one days” were inserted by section 6 of the Family Courts (Amendment) Act, 1989 (Act No. XXX of 1989).",
"16 The brackets and words “(if any) and the summary of evidence” were omitted by section 7 of the Family Courts (Amendment) Act, 1989 (Act No. XXX of 1989).",
"17 The words “ordinarily of not more that thirty days” were inserted by section 7 of the Family Courts (Amendment) Act, 1989 (Act No. XXX of 1989).",
"18 The words “either at once or on some future day not beyond seven days of which due notice shall be given to the parties or their agents or advocates” were inserted by section 8 of the Family Courts (Amendment) Act, 1989 (Act No. XXX of 1989).",
"19 Section 16A was inserted by section 10 of the Family Courts (Amendment) Act, 1989 (Act No. XXX of 1989).",
"20 Sub-sections (3), (3A), (3B) and (3C) were substituted for former sub-section (3) by section 9 of the Family Courts (Amendment) Act, 1989 (Act No. XXX of 1989).",
"21 Sub-section (4) was substituted by section 9 of the Family Courts (Amendment) Act, 1989 (Act No. XXX of 1989).",
"22 Sub-section (7) was added by section 11 of the Family Courts (Amendment) Act, 1989 (Act No. XXX of 1989)."
],
"name": "The Family Courts Ordinance, 1985",
"num_of_sections": 28,
"published_date": "30th March, 1985",
"related_act": [
64,
682,
75,
305,
180,
86,
88,
24,
29
],
"repelled": true,
"sections": [
{
"act_id": 682,
"details": "1. (1) This Ordinance may be called the Family Courts Ordinance, 1985. (2) It extends to the whole of Bangladesh except the districts of Rangamati Hill Tract, Bandarban Hill Tract and Khagrachari Hill Tract. (3) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint. *The Ordinance has come into force on 15th day of June, 1985 by S.R.O No. 239-L/85, dated: 29th May, 1985.",
"name": "Short title, extent and commencement",
"related_acts": "682",
"section_id": 1
},
{
"act_id": 682,
"details": "2. (1) In this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“Code” means the Code of Civil Procedure, 1908 (V of 1908); (b) \t“Family Court” means a Family Court established under this Ordinance; (c) \t“prescribed” means prescribed by rules made under this Ordinance. (2) Words and expressions used in this Ordinance, but not defined, shall have the meanings respectively assigned to them in the Code.",
"name": "Definitions",
"related_acts": "86",
"section_id": 2
},
{
"act_id": 682,
"details": "3. The provisions of this Ordinance shall have effect notwithstanding anything contained in any other law for the time being in force.",
"name": "Ordinance to override other laws",
"related_acts": "",
"section_id": 3
},
{
"act_id": 682,
"details": "4. (1) There shall be as many Family Courts as there are Courts of 1Assistant Judges. (2) All Courts of 2Assistant Judges shall be Family Courts for the purposes of this Ordinance. (3) All 3Assistant Judges shall be the Judges of Family Courts.",
"name": "Establishment of Family Courts",
"related_acts": "",
"section_id": 4
},
{
"act_id": 682,
"details": "5. Subject to the provisions of the Muslim Family Laws Ordinance, 1961 (VIII of 1961), a Family Court shall have exclusive jurisdiction to entertain, try and dispose of any suit relating to, or arising out of, all or any of the following matters, namely:- (a) \tdissolution of marriage; (b) \trestitution of conjugal rights; (c) \tdower; (d) \tmaintenance; (e) \tguardianship and custody of children.",
"name": "Jurisdiction of Family Courts",
"related_acts": "305",
"section_id": 5
},
{
"act_id": 682,
"details": "6. (1) Every suit under this Ordinance shall be instituted by the presentation of a plaint to the Family Court within the local limits of whose jurisdiction- (a) \tthe cause of action has wholly or partly arisen; or (b) \tthe parties reside or last resided together: Provided that in suits for dissolution of marriage, dower or maintenance, the Court within the local limits of whose jurisdiction the wife ordinarily resides shall also have jurisdiction. (2) Where a plaint is presented to a Court not having jurisdiction,- (a) \tthe plaint shall be returned to be presented to the Court to which it should have been presented; (b) \tthe Court returning the plaint shall endorse thereon the date of its presentation to it and its return, the name of the party presenting it and a brief statement of the reasons therefore. (3) The plaint shall contain all material facts relating to the dispute and shall contain a schedule giving the names and addresses of the witnesses intended to be produced in support of the plaint 4 * * * : Provided that the plaintiff may, with the permission of the Court, call any witness at any later stage, if the Court considers such evidence expedient in the interest of justice. (4) The plaint shall also contain the following particulars, namely:- (a) \tthe name of the Court in which the suit is brought; (b) \tthe name, description and place of residence of the plaintiff; (c) \tthe name, description and place of residence of the defendant; (d) \twhere the plaintiff or the defendant is a minor or a person of unsound mind, a statement to that effect; (e) \tthe facts constituting the cause of action and the place where, and the date when, it arose; (f) \tthe facts showing that the Court has jurisdiction; (g) \tthe relief which the plaintiff claims. (5) Where a plaintiff relies upon a document in his possession or power as evidence in support of his claim, he shall produce it in the Court when the plaint is presented and shall at the same time deliver the document or a true or photostat copy thereof to be filed with the plaint 5and shall also enter such documents in a list to be added or annexed to the plaint. (6) Where the plaintiff relies upon a document not in his possession or power as evidence in support of his claim, he shall enter such document in a list to be added or annexed to the plaint and state in whose possession or power it is. 6(7) The plaint shall be accompanied by twice as many true copies thereof, including the schedule, and the lists of documents referred to in sub-sections (5) and (6) as there are defendants in the suit for service upon such defendants. 7(8) The plaint shall be rejected on the following grounds:- (a)\twhere it is not accompanied by true copies of plaint including the schedule and the lists of documents required under sub-section (7); (b) \twhere the cost of service of summons and postal charges for notice required to be paid under section 7(5) are not paid; (c) \twhere the fees required to be paid at the time of presentation of the plaint under section 22 are not paid. (9) A document which ought to be produced in Court by the plaintiff where the plaint is presented, or to be entered in the list to be added or annexed to the plaint, and which is not produced or entered accordingly, shall not, without the leave of the Court, be received in evidence on his behalf at the hearing of the suit: Provided that the Court shall not grant such leave save in exceptional circumstances.",
"name": "Institution of suit",
"related_acts": "",
"section_id": 6
},
{
"act_id": 682,
"details": "7. (1) When a plaint is presented to a Family Court, it shall- (a) \tfix a date ordinarily of not more than thirty days for the appearance of the defendant; (b)\tissue summons to the defendant to appear and answer the claim on the date specified therein; (c)\tsend to the defendant, by registered post with acknowledgement due, a notice of the suit. (2) Every summons issued and notice sent under sub-section (1) shall be accompanied by a copy of the plaint 8and copies of the list of documents referred to in sections 6(5) and 6(6). (3) A summons issued under sub-section (1)(b) shall be served in the manner provided in rules 9, 10, 11, 16, 17, 18, 19, 19A, 920, 21, 23, 24, 26, 27, 28 and 29 of Order V of the Code; and a summons so served shall be deemed to be due service thereof on the defendant. (4) A notice sent under sub-section (1)(c) shall be deemed to be duly served on the defendant when the acknowledgement purporting to be signed by the defendant is received by the Court or the postal article containing the notice is received back by the Court with an endorsement purporting to have been made by a postal employee to the effect that the defendant had refused to take delivery of the postal article containing the notice when tendered to him: Provided that where the notice was properly addressed, prepaid and duly sent by registered post with acknowledgement due, it may be deemed to be duly served on the defendant after the expiry of thirty days from the date of posting of the notice notwithstanding the fact that the acknowledgement having been lost or mislead or for any other reason has not been received by the Court within that period. (5) The cost of service of summons issued under sub-section (1)(b), which shall be equal to the cost of service of similar summons under the Code, and the postal charges for notice sent under sub-section (1)(c) shall be paid by the plaintiff at the time of presentation of the plaint.",
"name": "Issue of summons and notice",
"related_acts": "",
"section_id": 7
},
{
"act_id": 682,
"details": "8. (1) On the date fixed for the appearance of the defendant, the plaintiff and the defendant shall appear before the Family Court and the defendant shall present a written statement of his defence 10: Provided that the Court may, on the prayer of the defendant and for good cause shown, fix another date not beyond twenty-one days for the presentation of the written statement of his defence. (2) The written statement shall contain a schedule giving the names and addresses of the witnesses intended to be produced in support of the defence 11* * * : Provided that the defendant may, with the permission of the Court, call any witness at any later stage, if the Court considers such evidence expedient in the interest of justice. (3) Where the defendant relies upon a document in his possession or power as evidence in support of his defence, he shall produce it in the Court when the written statement is presented and shall at the same time deliver the document or a true or photostat copy thereof to be filed with the written statement 12and shall also enter such documents in a list to be added or annexed to the written statement. (4) Where the defendant relies upon a document not in his possession or power as evidence in support of his written statement, he shall enter such document in a list to be added or annexed to the written statement and state in whose possession or power it is. 13(5) The written statement shall be accompanied by twice as many true copies thereof, including the schedule, and the lists of documents referred to in sub-sections (3) and (4), as there are plaintiffs in the suit. (6) Copies of the written statement, including the schedule, the documents and the list of documents referred to in sub-section (5) shall be given to the plaintiff, his agent or advocate present in the Court. 14(7) A document which ought to be produced in Court by the defendant when the written statement is presented, or to be entered in the list to be added or annexed to the written statement, and which is not produced or entered accordingly shall not, without the leave of the Court, be received in evidence on his behalf at the hearing of the suit: Provided that the Court shall not grant such leave save in exceptional circumstances.",
"name": "Written statement",
"related_acts": "",
"section_id": 8
},
{
"act_id": 682,
"details": "9. (1) Where on the day fixed for the appearance of the defendant, neither party appears when the suit is called on for hearing, the Court may dismiss the suit. (2) Where the plaintiff appears and the defendant does not appear when the suit is called on for hearing, then- (a)\tif it is proved that the summons or notice was duly served on the defendant, the Court may proceed ex parte; (b) \tif it is not proved that the summons or notice was duly served on the defendant, the Court shall direct a fresh summons and notice to be issued and served on the defendant; (c) \tif it is proved that the summons or notice was served on the defendant, but not in sufficient time to enable him to appear and answer on the day fixed for his appearance, the Court shall postpone the hearing of the suit to a future day 15not exceeding twenty-one days to be fixed by the Court, and shall give notice of such day to the defendant. (3) Where a Court has adjourned hearing of the suit ex parte, and the defendant, at or before such hearing, appears and assigns good cause for his previous non-appearance, he may, on such terms as the Court thinks fit, be heard in answer to the suit as if he had appeared on the day fixed for his appearance. (4) Where the defendant appears and the plaintiff does not appear when the suit is called on for hearing, the Court shall dismiss the suit, unless the defendant admits the claim or part thereof, in which case the Court shall pass a decree against the defendant upon such admission, and, where part only of the claim has been admitted, shall dismiss the suit so far as it relates to the remainder. (5) Where a suit is dismissed under sub-section (1) or wholly or partly dismissed under sub-section (4), the plaintiff may, within thirty days of the making of the order of dismissal, apply to the Court by which the order was made for an order to set the dismissal aside, and if he satisfies the Court that there was sufficient cause for his non-appearance when the suit was called on for hearing, the Court shall make an order setting aside the dismissal, and shall appoint a day for proceeding with the suit: Provided that the Court may set the dismissal of a suit under sub-section (4) aside on such terms as to costs or otherwise as it thinks fit: Provided further that no order setting the dismissal of a suit under sub-section (4) aside shall be made unless notice of the application has been served on the defendant. (6) Where a decree is passed ex parte against a defendant, he may, within thirty days of the passing of the decree, apply to the Court by which the decree was passed for an order to set it aside, and if he satisfies the Court that there was sufficient cause for his non-appearance when the suit was called on for hearing, the Court shall make an order setting aside the decree as against him on such terms as to costs or otherwise as it thinks fit, and shall appoint a day for proceeding with the suit: Provided that where the decree is of such a nature that it cannot be set aside as against such defendant only, it may be set aside against all or any of the other defendants also: Provided further that no order shall be made under this sub-section unless notice of the application has been served on the plaintiff. (7) The provisions of section 5 of the Limitation Act, 1908 (IX of 1908), shall apply to an application under sub-section (6).",
"name": "Consequence of non-appearance of the parties",
"related_acts": "88",
"section_id": 9
},
{
"act_id": 682,
"details": "10. (1) When the written statement is filed, the Family Court shall fix a date ordinarily of not more than thirty days for a pre-trial hearing of the suit. (2) On the date fixed for pre-trial hearing, the Court shall examine the plaint, the written statement 16* * * and documents filed by the parties and shall also, if it so deems fit, hear the parties. (3) At the pre-trial hearing, the Court shall ascertain the points at issue between the parties and attempt to effect a compromise or reconciliation between the parties, if this be possible. (4) If no compromise or reconciliation is possible, the Court shall frame the issues in the suit and fix a date 17ordinarily of not more that thirty days for recording evidence.",
"name": "Pre-trial proceeding",
"related_acts": "",
"section_id": 10
},
{
"act_id": 682,
"details": "11. (1) A Family Court may, if it so deems fit, hold the whole or any part of the proceedings under this Ordinance in camera. (2) Where both the parties to the suit request the Court to hold the proceedings in camera, the Court shall do so.",
"name": "Trial in camera",
"related_acts": "",
"section_id": 11
},
{
"act_id": 682,
"details": "12. (1) On the date fixed for recording of the evidence, the Family Court shall examine the witnesses produced by the parties in such order as it deems fit. (2) The Court shall not issue any summons for the appearance of a witness for any party, unless, within three days of the framing of issues, the party intimates the Court that it desires the witness to be summoned through the Court and the Court is satisfied that it is not possible or practicable for the party to produce the witness. (3) The witnesses shall give evidence in their own words and may be cross-examined and re-examined. (4) The Court may forbid any question which it regards as indecent, scandalous or frivolous or which appears to it to be intended to insult or annoy or be needlessly offensive in form. (5) The Court may, if it so deems fit, put any question to any witness for the purpose of elucidation of any point which it considers material in the case. (6) The Court may permit the evidence of any witness to be given by means of affidavit: Provided that the Court may, if it so deems fit, call such witness for the purpose of examination. (7) The evidence of each witness shall be taken down in writing, in the language of the Court, by the presiding Judge of the Court and shall be signed by such Judge. (8) Where the evidence of a witness is given in any language other than the language of the Court, the presiding Judge may take it down in that language, if possible, and an authenticated translation of such evidence in the language of the Court shall form a part of record. (9) When the evidence of a witness is taken down, it shall be read over to him and shall, if necessary, be corrected. (10) If the witness does not accept the correctness of any part of the evidence, the presiding Judge may, instead of correcting the evidence, make a memorandum of the objection made by the witness, and shall add such remarks as he thinks necessary. (11) If the evidence is taken down in a language different from that in which it has been given and the witness does not understand that language, the evidence shall be interpreted to him in the language in which it was given or in a language which he understands.",
"name": "Recording of evidence",
"related_acts": "",
"section_id": 12
},
{
"act_id": 682,
"details": "13. (1) After the close of evidence of all parties, the Family Court shall make another effort to effect a compromise or reconciliation between the parties. (2) If such compromise or reconciliation is not possible, the Court shall pronounce judgment and, on such judgment 18either at once or on some future day not beyond seven days of which due notice shall be given to the parties or their agents or advocates, a decree shall follow.",
"name": "Conclusion of trial",
"related_acts": "",
"section_id": 13
},
{
"act_id": 682,
"details": "14. Where a dispute is settled by compromise or conciliation, the Court shall pass a decree or give decision in the suit in terms of the compromise or conciliation agreed to between the parties.",
"name": "Compromise decree",
"related_acts": "",
"section_id": 14
},
{
"act_id": 682,
"details": "15. (1) Every judgment or order of a Family Court shall be written by the presiding Judge or from the dictation of such Judge in the language of the Court and shall be dated and signed by the Judge in open Court at the time of pronouncing it. (2) All judgments and orders which are appealable shall contain the point for determination, the decision thereon and the reasons therefore.",
"name": "Writing of judgment",
"related_acts": "",
"section_id": 15
},
{
"act_id": 682,
"details": "1916A. Where, at any stage of a suit, the Family Court is satisfied by affidavit or otherwise, that immediate action should be taken for preventing any party from frustrating the purpose of the suit, it may make such interim order as it deems fit.",
"name": "Interim order by Family Courts",
"related_acts": "",
"section_id": 16
},
{
"act_id": 682,
"details": "16. (1) A Family Court shall pass a decree in such form and manner, and shall enter its particulars in such register of decrees as may be prescribed. (2) If any money is paid, or any property is delivered, in the presence of the Court in satisfaction of the decree, it shall enter the fact of such payment or delivery in the aforesaid register. 20(3) Where the decree relates to the payment of money and the decretal amount is not paid within the time specified by the Court, the decree shall, on the prayer of the decree-holder to be made within a period of one year from the expiry of the time so specified, be executed- (a) \tas a decree for money of a Civil Court under the Code, or (b) \tas an order for payment of fine made by a Magistrate under the Code of Criminal Procedure, 1898 (Act V of 1898), and on such execution the decretal amount recovered shall be paid to the decree-holder. (3A) For the purpose of execution of a decree under sub-section (3)(a), the Court shall be deemed to be a Civil Court and shall have all the powers of such Court under the Code. (3B) For the purpose of execution of a decree under sub-section (3)(b), the Judge of the Family Court shall be deemed to be a Magistrate of the first class and shall have all the powers of such Magistrate under the Code of Criminal Procedure, 1898 (Act V of 1898), and he may issue a warrant for levying the decretal amount due in the manner provided in that Code for levying fines, and may sentence the judgment debtor, for the whole or any part of the decretal amount remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to three months or until payment if sooner made. (3C) When a decree does not relate to payment of money, it shall be executed as a decree, other than a decree for money of a Civil Court and for that purpose the Court shall be deemed to be a Civil Court and shall have all the powers of such Court under the Code. 21(4) The decree shall be executed by the Family Court passing it or by such other Family Court to which the decree may be transferred for execution by the Court passing it and in executing such a decree the Court to which it is transferred shall have all powers of the Family Court passing the decree as if the decree were passed by it. (5) The Court may, if it so deems fit, direct that any money to be paid under a decree passed by it be paid in such instalments as it deems fit.",
"name": "Enforcement of decrees",
"related_acts": "75,75",
"section_id": 17
},
{
"act_id": 682,
"details": "17. (1) Subject to the provisions of sub-section (2), an appeal shall lie from a judgment, decree or order of a Family Court to the Court of District Judge. (2) No appeal shall lie from a decree passed by a Family Court- (a) \tfor dissolution of marriage, except in the case of dissolution for reasons specified in section 2(viii)(d) of the Dissolution of Muslim Marriages Act, 1939 (VIII of 1939); (b) \tfor dower not exceeding five thousand taka. (3) An appeal under this section shall be preferred within thirty days of the passing of the judgment, decree or order excluding the time required for obtaining copies thereof: Provided that the Court of District Judge may, for sufficient cause, extend the said period. (4) An appeal shall- (a) \tbe in writing; (b) \tset out the grounds on which the appellant seeks to challenge the judgment, decree or order; (c) \tcontain the names, description and addresses of the parties; and (d) \tbear the signature of the appellant. (5) A certified copy of the judgment, decree or order of the Court from which the appeal is preferred shall be attached with the appeal. (6) Any order passed by the Court of District Judge shall, as soon as may be, be communicated to the Family Court which shall modify or amend the judgment, decree or order accordingly and shall also make necessary entries to that effect in the appropriate column in the register of decrees. 22(7) The District Judge may transfer an appeal to the Court of an Additional District Judge or a Subordinate Judge for hearing and disposal and may withdraw any such appeal form such Court.",
"name": "Appeal",
"related_acts": "180",
"section_id": 18
},
{
"act_id": 682,
"details": "18. (1) A Family Court may issue summons to any person to appear and give evidence, or to produce or cause the production of any document: Provided that- (a) \tno person who is exempt from personal appearance in a Court under section 133(1) of the Code, shall be required to appear in person; (b) \ta Family Court may refuse to summon a witness or to enforce a summons already issued against a witness when, in the opinion of the Court, the attendance of the witness cannot be procured without such delay, expense or inconvenience as in the circumstances would be unreasonable. (2) If any person to whom a Family Court has issued summons to appear and give evidence or to cause the production of any document before it wilfully disobeys such summons, the Court may take cognizance of such disobedience, and after giving such person an opportunity to explain, sentence him to a fine not exceeding one hundred taka.",
"name": "Power of Family Court to summon witnesses",
"related_acts": "",
"section_id": 19
},
{
"act_id": 682,
"details": "19. A person shall be guilty of contempt of the Family Court if he, without lawful excuse,- (a) \toffers any insult to the Family Court; (b) \tcauses an interruption in the work of the Family Court; (c) \trefuses to answer any question put by the Family Court, which he is bound to answer; or (d)\trefuses to take oath to state the truth or to sign any statement made by him in the Family Court; and the Family Court may forthwith try such person for such contempt and sentence him to a fine not exceeding two hundred taka.",
"name": "Contempt of Family Courts",
"related_acts": "",
"section_id": 20
},
{
"act_id": 682,
"details": "20. (1) Save as otherwise expressly provided by or under this Ordinance, the provisions of the Evidence Act, 1872 (I of 1872), and of the Code except sections 10 and 11 shall not apply to proceedings before the Family Courts. (2) The Oaths Act, 1873 (X of 1873), shall apply to all proceedings before the Family Courts.",
"name": "Application and non-application of certain laws",
"related_acts": "24,29",
"section_id": 21
},
{
"act_id": 682,
"details": "21. If a person required under this Ordinance to appear before a Family Court, otherwise than as a witness, is a pardahnashin lady, the Family Court may permit her to be represented by a duly authorised agent.",
"name": "Appearance through agents",
"related_acts": "",
"section_id": 22
},
{
"act_id": 682,
"details": "22. The Court-fees to be paid on any plaint presented to a Family Court shall be twenty-five taka for any kind of suit.",
"name": "Court-fee",
"related_acts": "",
"section_id": 23
},
{
"act_id": 682,
"details": "23. (1) Nothing in this Ordinance shall be deemed to affect any of the provisions of the Muslim Family Laws Ordinance, 1961 (VIII of 1961), or the rules made thereunder. (2) Where a Family Court passes a decree for the dissolution of a marriage solemnised under the Muslim Law, the Court shall, within seven days of the passing of the decree, send by registered post a certified copy of the same to the appropriate Chairman referred to in section 7 of the Muslim Family Laws Ordinance, 1961 (VIII of 1961), and upon receipt of such copy, the Chairman shall proceed as if he had received an intimation of talaq required to be given under the said Ordinance. (3) A decree passed by a Family Court for the dissolution of a marriage solemnised under the Muslim Law shall- (a) \tnot be effective until the expiration of ninety days from the day on which a copy thereof has been received under sub-section (2) by the Chairman; and (b) \tbe of no effect if within the period specified in clause (a) a reconciliation has been effected between the parties in accordance with the provisions of the Muslim Family Laws Ordinance, 1961 (VIII of 1961).",
"name": "Ordinance VIII of 1961 not affected",
"related_acts": "305,305,305",
"section_id": 24
},
{
"act_id": 682,
"details": "24. (1) A Family Court shall be deemed to be a District Court for the purposes of the Guardians and Wards Act, 1890 (VIII of 1890), and notwithstanding anything contained in this Ordinance, shall, in dealing with matters specified in that Act, follow the procedure specified in that Act. (2) Notwithstanding anything contained in the Guardians and Wards Act, 1890 (VIII of 1890), an appeal from an order made by a Family Court as District Court under that Act shall lie to the Court of District Judge, and the provisions of section 17 shall apply to such appeal.",
"name": "Family Court deemed to be a District Court for purposes of Act VIII of 1890",
"related_acts": "64,64",
"section_id": 25
},
{
"act_id": 682,
"details": "25. (1) The High Court Division may, either on the application of any party or of its own accord, by an order in writing,- (a) \ttransfer any suit under this Ordinance from one Family Court to another Family Court in the same district or from a Family Court of one district to a Family Court of another district; (b)\ttransfer any appeal under this Ordinance from the Court of District Judge of one district to the Court of District Judge of another district. (2) A District Judge may, either on the application of any party or of his own accord, by an order in writing, transfer any suit under this Ordinance from one Family Court to another Family Court within the local limits of his jurisdiction. (3) Notwithstanding anything contained in this Ordinance, a District Judge may transfer an appeal pending before him under this Ordinance to any Court of Additional District Judge or Subordinate Judge under his administrative control and may also retransfer such appeal from such Court to his own Court. (4) Any Court to which a suit or appeal is transferred under this section, shall, notwithstanding anything contained in this Ordinance, have the jurisdiction to dispose it of in the manner as if it were instituted or filed before it: Provided that on the transfer of a suit, it shall not be necessary to commence the proceedings before the succeeding Judge de novo unless the Judge, for reasons to be recorded in writing, directs otherwise. (5) A District Judge may, by an order in writing, stay any suit pending before a Family Court within the local limits of his jurisdiction. (6) The High Court Division may, by an order in writing, stay any suit or appeal pending before any Family Court or Court of District Judge.",
"name": "Transfer and stay of suits and appeals",
"related_acts": "",
"section_id": 26
},
{
"act_id": 682,
"details": "26. The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 27
},
{
"act_id": 682,
"details": "27. Notwithstanding anything contained in this Ordinance, all suits, appeals and other legal proceedings relating to, or arising out of, any of the matters specified in section 5 pending in any Court immediately before the commencement of this Ordinance shall continue in the same Court and shall be heard and disposed of by that Court as if this Ordinance had not been made.",
"name": "Provisions relating to pending cases",
"related_acts": "",
"section_id": 28
}
],
"text": "An Ordinance to provide for the establishment of Family Courts. WHEREAS it is expedient to provide for the establishment of Family Courts and for matters connected therewith; NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 683,
"lower_text": [
"1 Sub-section (1A) was inserted by section 2 of the Bangladesh Oil, Gas and Mineral Corporation (Amendment) Act, 1989 (Act No. XI of 1989).",
"2 Section 6 was substituted by section 3 of the Bangladesh Oil, Gas and Mineral Corporation (Amendment) Act, 1989 (Act No. XI of 1989).",
"3 Section 10A was inserted by section 4 of the Bangladesh Oil, Gas and Mineral Corporation (Amendment) Act, 1989 (Act No. XI of 1989)."
],
"name": "The Bangladesh Oil, Gas and Mineral Corporation Ordinance, 1985",
"num_of_sections": 25,
"published_date": "11th April, 1985",
"related_act": [
442,
683,
378
],
"repelled": true,
"sections": [
{
"act_id": 683,
"details": "1. This Ordinance may be called the Bangladesh Oil, Gas and Mineral Corporation Ordinance, 1985.",
"name": "Short title",
"related_acts": "683",
"section_id": 1
},
{
"act_id": 683,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a) \t“Board” means the Board of Directors of the Corporation; (b)\t“Corporation” means the Bangladesh Oil, Gas and Mineral Corporation established under section 3; (c) \t“Chairman” means the Chairman of the Corporation; (d) \t“Director” means a Director of the Corporation; (e) \t“mineral” means all minerals, whether in a solid, liquid or gaseous state and rock resources, metal or non-metal, including coal, lime-stone, clay, sand, metalliferous ore and non-metallic mineral and any other naturally occurring substance which may be used either in its original form or after processing for economic purposes; (f) \t“prescribed” means prescribed by rules or regulations made under this Ordinance.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 683,
"details": "3. (1) There shall be established a Corporation to be called the Bangladesh Oil, Gas and Mineral Corporation for carrying out the purposes of this Ordinance. 1(1A) The Corporation may also be called PETROBANGLA. (2) The Corporation shall be a body corporate, having perpetual succession and a common seal with power to acquire, hold and dispose of property, both movable and immovable, and shall by the said name sue and be sued.",
"name": "Establishment of the Corporation",
"related_acts": "",
"section_id": 3
},
{
"act_id": 683,
"details": "4. The authorised capital of the Corporation shall be taka two hundred crore to be subscribed by the Government, in the manner determined by the Government from time to time, according to the requirements of the Corporation.",
"name": "Authorised capital",
"related_acts": "",
"section_id": 4
},
{
"act_id": 683,
"details": "5. (1) Subject to rules and regulations made under this Ordinance, the general direction and administration of the affairs and business of the Corporation shall vest in a Board of Directors which may exercise all powers and do all acts and things which may be exercised or done by the Corporation. (2) The Board in discharging its functions shall act on commercial considerations having due regard to public interest generally and shall be guided on questions of policy by such instructions as may be given to it by the Government from time to time, and, if any question arises as to whether any question is a question of policy or not, the decision of the Government shall be final.",
"name": "General direction",
"related_acts": "",
"section_id": 5
},
{
"act_id": 683,
"details": "26. (1) The Board shall consist of the following Directors, namely:- (a) \ta Chairman to be appointed by the Government; (b)\tan officer not below the rank of a Joint Secretary of the Ministry or Division dealing with energy and mineral resources to be nominated by that Ministry or Division; (c)\tan officer not below the rank of a Joint Secretary of the Ministry or Division dealing with finance to be nominated by that Ministry or Division; (d) \tan officer not below the rank of a Joint Secretary of the Ministry or Division dealing with planning to be nominated by that Ministry or Division; (e)\tnot more than five other Directors to be appointed by the Government. (2) The Chairman shall be the chief executive officer of the Corporation. (3) The Chairman and the appointed Directors shall be whole-time officers of the Corporation and shall serve on such terms and conditions as the Government may determine. (4) The Chairman and other Directors shall exercise such powers and perform such functions as may be prescribed or as may be assigned to them by the Government from time to time.",
"name": "Board",
"related_acts": "",
"section_id": 6
},
{
"act_id": 683,
"details": "7. (1) The meetings of the Board shall be held at such times and places as may be prescribed: Provided that, until so prescribed, such meetings shall be held at such times and places as may be determined by the Chairman. (2) To constitute a quorum at a meeting of the Board, not less than three Directors shall be present. (3) All meetings of the Board shall be presided over by the Chairman, and in his absence, by a Director elected for the purpose. (4) At a meeting of the Board, each Director shall have one vote, and in the event of equality of votes, the person presiding shall have a second or casting vote. (5) No act or proceeding of the Board shall be invalid merely on the ground of existence of any vacancy in, or any defect in the Constitution of, the Board.",
"name": "Meeting of the Board",
"related_acts": "",
"section_id": 7
},
{
"act_id": 683,
"details": "8. The Board may appoint such committee or committees as it thinks fit to assist it in the efficient discharge of its functions.",
"name": "Committees",
"related_acts": "",
"section_id": 8
},
{
"act_id": 683,
"details": "9. (1) The functions of the Corporation shall be- (a) \tto undertake research in the field of oil, gas and minerals; (b) \tto prepare and implement programmes for the exploration and development of oil, gas and mineral resources; (c) \tto produce and sell oil, gas and mineral resources; and (d) \tto perform such other functions as the Government may, from time to time, assign to the Corporation. (2) Without prejudice to the generality of the foregoing provisions, the Corporation shall, in particular, have power- (a) \tto undertake research for alternative use of natural gas; (b) \tto carry out geological, geophysical and other surveys for the exploration and development of oil, gas and mineral resources; (c) \tto carry out drilling and other prospecting operations to prove and estimate the reserves of oil, gas and mineral resources and collect all data required for adopting the most suitable extraction and mining method; (d) \tto set up mining industries and to continue production and sale of the mined commodities; (e) \tto plan, promote and develop cement industries in the country; (f) \tto take up, execute and operate any project on mining and mineral development; (g) \tto contribute towards the cost of any studies, experiments or technical research connected with the functions of the Corporation and undertaken or done in the interest of the Corporation by any other person, body or agency; (h) \tto undertake, assist or encourage the collection, maintenance and publication of statistics, bulletins and monograph.",
"name": "Functions of the Corporation",
"related_acts": "",
"section_id": 9
},
{
"act_id": 683,
"details": "10. The Corporation may, with the previous approval in writing of the Government, sponsor the formation of subsidiary companies for exploration and exploitation of oil, gas and mineral resources and may hold an interest therein and may also, subject to the general policy of the Government regarding foreign investment, permit any foreigner to hold an interest in such companies.",
"name": "Formation of Companies",
"related_acts": "",
"section_id": 10
},
{
"act_id": 683,
"details": "310A. The Corporation may hold shares or interest in any company formed for the purpose of exploration and exploitation of oil, gas and mineral resources.",
"name": "Power to hold shares or interest in any company",
"related_acts": "",
"section_id": 11
},
{
"act_id": 683,
"details": "11. (1) The Head Office of the Corporation shall be at Dhaka. (2) The Corporation may establish such regional office or other offices, branches and agencies as the Board may think fit.",
"name": "Head Office",
"related_acts": "",
"section_id": 12
},
{
"act_id": 683,
"details": "12. The Corporation may appoint such officers and other employees as it considers necessary for the efficient performance of its functions on such terms and conditions as may be prescribed.",
"name": "Appointment of officers, etc.",
"related_acts": "",
"section_id": 13
},
{
"act_id": 683,
"details": "13. The Board may, by general or special order in writing, direct that such of its powers shall, in such circumstances and under such conditions, if any, as may be specified in the order, be exercisable also by the Chairman or any other Director or by an officer of the Corporation as may be so specified: Provided that no power to make regulations under section 23 shall be delegated under this section.",
"name": "Delegation of powers",
"related_acts": "",
"section_id": 14
},
{
"act_id": 683,
"details": "14. The Corporation shall, by such date each year as may be prescribed, submit to the Government for approval a statement to be called the Annual Budget Statement in the prescribed form for each financial year showing the estimated receipts and expenditure during that year.",
"name": "Annual Budget Statement",
"related_acts": "",
"section_id": 15
},
{
"act_id": 683,
"details": "15. The Corporation may open and operate any account with any scheduled bank.",
"name": "Bank Account",
"related_acts": "",
"section_id": 16
},
{
"act_id": 683,
"details": "16. The Corporation may invest its funds in such securities as may be authorised by the Government.",
"name": "Investment of funds",
"related_acts": "",
"section_id": 17
},
{
"act_id": 683,
"details": "17. The Corporation may, with the prior approval of the Government, borrow such sums, with or without security, as may be required by it to discharge its functions under this Ordinance.",
"name": "Borrowings",
"related_acts": "",
"section_id": 18
},
{
"act_id": 683,
"details": "18. (1) The Corporation shall maintain proper accounts and other relevant records, and prepare annual statement of accounts, including the profit and loss account and balance sheet, in accordance with such general directions as may be issued, and such form as may be prescribed, by the Government. (2) The accounts of the Corporation shall be audited by not less than two auditors, being chartered accountants within the meaning of the Bangladesh Chartered Accountants Order, 1973 (P.O. No. 2 of 1973), who shall be appointed by the Board. (3) Every auditor appointed under sub-section (2) shall be given a copy of the annual balance sheet and other accounts of the Corporation who shall examine it together with the account books and vouchers relating thereto; and shall have a list delivered to him of all books kept by the Corporation, and at all reasonable times have access to the books, accounts and other documents of the Corporation, and may in relation to such accounts examine any Director or officer of the Corporation. (4) The auditors shall report to the Government upon the annual balance sheet and accounts, and in their report they shall state whether, in their opinion, the balance sheet contains all necessary particulars and is properly drawn up so as to exhibit a true and correct view of the state of the affairs of the Corporation and, if they have called for any explanation or information from the Board, whether it has been given and whether it is satisfactory. (5) The Government may, at any time, issue directions to the auditors requiring them to report to it upon the adequacy of measures taken by the Corporation for the protection of the interest of the Government or upon the sufficiency of their procedure in auditing the affairs of the Corporation, and may, at any time, enlarge or extend the scope of the audit or direct that different procedure in audit shall be adopted or that any other examination shall be made by the auditors or any other person or persons if, in its opinion, the interest of the Government so requires.",
"name": "Audit and Accounts",
"related_acts": "442",
"section_id": 19
},
{
"act_id": 683,
"details": "19. (1) The Corporation shall, as soon as possible after the end of every financial year, furnish to the Government a statement of account audited by the auditors under section 18. (2) The Government may require the Corporation to furnish any report, return, statement, estimate, statistics or other information regarding any matter under the control of the Corporation and the Corporation shall comply with every such requisition.",
"name": "Submission of annual report, etc.",
"related_acts": "",
"section_id": 20
},
{
"act_id": 683,
"details": "20. (1) The Chairman or any other person authorised by him in writing may enter upon and survey any land, undertake investigations, erect pillars for the determination of areas and intended lines of works, make borings and excavation for the discovery of minerals, and do all other acts which may be necessary in order to carry out all or any of the purposes of this Ordinance: Provided that when the affected land does not vest in the Corporation, powers conferred by this sub-section shall be exercised in such manner as to cause the least interference with, and the least damage to, the rights of the owner thereof. (2) When any person enters into or upon any land in pursuance of sub-section (1), he shall, at the time of entering, pay or tender payment for all necessary damage to be done as aforesaid and in case of dispute as to the sufficiency of the amount so paid or tendered, he shall at once refer the dispute to the Corporation whose decision shall be final. (3) It shall be lawful for any person authorised under sub-section (1) to make an entry upon any land, to open or cause to be opened a door, gate or other barrier,- (a) \tif he considers the opening thereof necessary for the purpose of such entry; (b)\tif the occupier or owner, as the case may be, is absent, or being present refuses to open door, gate or barrier: Provided that the compensation shall be paid for the damage caused in such manner as the Corporation may prescribe, and in case of dispute as to the sufficiency of the amount, the matter shall be referred to the Corporation whose decision shall be final.",
"name": "Survey of lands, etc.",
"related_acts": "",
"section_id": 21
},
{
"act_id": 683,
"details": "21. No suit, prosecution or other legal proceedings shall lie against the Board, the Chairman or any other Director or any officer or employee of the Corporation for anything which is in good faith done or intended to be done under this Ordinance.",
"name": "Indemnity",
"related_acts": "",
"section_id": 22
},
{
"act_id": 683,
"details": "22. The Government may, by notification in the official Gazette, make rules for the purpose of giving effect to the provisions of this Ordinance.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 23
},
{
"act_id": 683,
"details": "23. (1) The Board may make regulations, not inconsistent with the provisions of this Ordinance and the rules made thereunder, to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this Ordinance. (2) All regulations made under this section shall be published in the official Gazette and shall come into force on such publication.",
"name": "Power to make regulations",
"related_acts": "",
"section_id": 24
},
{
"act_id": 683,
"details": "24. (1) On the commencement of this Ordinance,- (a)\tthe Bangladesh Mineral Exploration and Development Corporation Order, 1972 (P.O. No. 120 of 1972), shall stand repealed; (b)\tin the Bangladesh Industrial Enterprises (Nationalisation) Order, 1972 (P.O. No. 27 of 1972), in Article 10, in clause (1), in sub-clause (d), the words, brackets, figure and comma “and (iii) Bangladesh Oil and Gas Corporation which may also be called PETROBANGLA”, shall stand omitted; and (c)\tthe Bangladesh Mineral Exploration and Development Corporation established under the Bangladesh Mineral Exploration and Development Corporation Order, 1972 (P.O. No. 120 of 1972), and the Bangladesh Oil and Gas Corporation (PETROBANGLA) established under the Bangladesh Industrial Enterprises (Nationalisation) Order, 1972 (P.O. No. 27 of 1972), hereinafter referred to as the said Corporation, shall stand dissolved. (2) Notwithstanding anything contained in any other law for the time being in force or in any contract, agreement or other instrument,- (a) \tall business, project including the projects specified in the Schedule to this Ordinance, and undertakings of the said Corporations including all assets, rights, powers, authorities and privileges and all property, movable and immovable, cash and bank balances, reserve funds and investments of the said Corporation and all other rights and interest in, and arising out of, such property and all books of accounts, registers, records and other documents of whatever nature relating to the said Corporation, shall stand transferred to, and vest in, the Corporation; (b)\tall debts and liabilities incurred, obligations undertaken, contracts entered into, agreements made by or with the said Corporation shall be deemed to have been incurred, undertaken, entered into or may by or with the Corporation; (c)\tall suits and other legal proceedings instituted by or against the said Corporation shall be deemed to be suits or other legal proceedings by or against the Corporation; (d)\tevery officer or other employee of the said Corporation shall become an officer or other employee of the Corporation and shall hold office or service in the Corporation on the same terms and conditions as were applicable to him immediately before the dissolution of the said Corporation. (3) On the repeal of the Bangladesh Mineral Exploration and Development Corporation Order, 1972 (P.O. No. 120 of 1972), and amendment in the Bangladesh Industrial Enterprises (Nationalisation) Order, 1972 (P.O. No. 27 of 1972), hereinafter referred to as the said Orders, anything done or any action taken, including any order made under the said Orders shall be deemed to have been done, taken or made under this Ordinance. (4) The Government may, for the purpose of removing any difficulty in relation to the transfer and other matters specified in sub-section (2), make such order as it considers expedient and any such order shall be deemed to be, and given effect to as, part of the provisions of this Ordinance.",
"name": "Repeal, amendment, dissolution, savings, etc",
"related_acts": "378,378,378",
"section_id": 25
}
],
"text": "An Ordinance to provide for the establishment of the Bangladesh Oil, Gas and Mineral Corporation. WHEREAS it is expedient to provide for the establishment of the Bangladesh Oil, Gas and Mineral Corporation and for matters incidental thereto; NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 684,
"lower_text": [],
"name": "The Surplus Public Servants Absorption Ordinance, 1985",
"num_of_sections": 11,
"published_date": "20th May, 1985",
"related_act": [
684
],
"repelled": true,
"sections": [
{
"act_id": 684,
"details": "1.\t(1) This Ordinance may be called the Surplus Public Servants Absorption Ordinance, 1985. (2) It shall be deemed to have taken effect on the 16th day of December, 1971, except section 3 which shall be deemed to have taken effect on the 17th day of June, 1975.",
"name": "Short title and commencement",
"related_acts": "684",
"section_id": 1
},
{
"act_id": 684,
"details": "2.\tIn this Ordinance, unless there is anything repugnant in the subject or context,- (a) “cadre post” means a post in any service specified in Schedule I to the Bangladesh Civil Service Recruitment Rules, 1981, and includes a post in the Senior Services Pool; (b) “local authority” means any body corporate or other authority constituted or established by or under any law and includes any other body or organisation set up by the Government; (c) “post” means a civil post in the service of the Republic or of any local authority and includes a cadre post; (d) “public servant” means any person who is, for the time being, in the service of the Republic or of any local authority, but does not include any person who- (i)\tis a member of any defence service, (ii)\tis employed in or under a commission, committee or board set up for a temporary period for specified purposes, (iii)\tis a contingent or work-charged employee, (iv)\tis employed in or under a project set up for a temporary period for specified purposes, or (v)\tis employed on contract for a specified period; (e) \t“surplus public servant” means a public servant whose post is abolished by the Government for the purpose of administrative re-organisation or who, being a servant of the erstwhile Government of Pakistan, joined the Government of Bangladesh on repatriation or escaping or defecting from Pakistan, or any other public servant the responsibility of whose absorption has been taken by the Government.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 684,
"details": "3.\tNotwithstanding anything contained in this Ordinance, a person who was an employee of a newspaper the declaration of which stood annulled under the Newspaper (Annulment of Declaration) Act, 1975 (XLII of 1975), and the responsibility of whose absorption had been taken by the Government shall be deemed to be a public servant for the purposes of this Ordinance.",
"name": "Certain newspaper employees to be deemed to be surplus public servants",
"related_acts": "",
"section_id": 3
},
{
"act_id": 684,
"details": "4.\tThe provisions of this Ordinance and the rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any rule, regulation, bye-law, instrument, contract, agreement, award or settlement or in any terms and conditions of service of a public servant.",
"name": "Effect of laws, etc., inconsistent with the Ordinance",
"related_acts": "",
"section_id": 4
},
{
"act_id": 684,
"details": "5.\t(1) A surplus public servant shall, as far as practicable, be absorbed in a post carrying the same scale of pay of the post which he held immediately before becoming surplus had carried: Provided that if a surplus public servant cannot be absorbed in any post which carries same of scale of pay, he may be offered a post carrying lower scale of pay; and if he does not accept the offer, he shall be deemed to have been retired from service with effect from the date he rejects the offer or after thirty days from the date of receipt of the offer, whichever is earlier. (2)\tA surplus public servant shall not be absorbed in any post unless he is nominated by the Ministry of Establishment: Provided that the Ministry of Establishment may authorise a Ministry, Division or a local authority to absorb a surplus public servant in any office under its administrative control. (3)\tFor the purpose of sub-section (1), no surplus public servant shall be required to sit for any test or examination or to have any particular qualification or length of service or to be within any particular limit of age. (4)\tOnce a surplus public servant is absorbed in a post under sub-section (1), it shall be final and he shall not be entitled to be re-absorbed in any other post.",
"name": "Absorption of surplus public servants",
"related_acts": "",
"section_id": 5
},
{
"act_id": 684,
"details": "6.\tThe seniority, pay and pension of surplus public servant shall, on his absorption in a post, be determined in accordance with the principles laid down by the Government from time to time.",
"name": "Fixation of seniority, pay and pension",
"related_acts": "",
"section_id": 6
},
{
"act_id": 684,
"details": "7.\tSubject to the provisions of this Ordinance, a surplus public servant shall, on his absorption in a post, be subject to all laws, rules and regulations relating to that post.",
"name": "Application of certain laws, etc",
"related_acts": "",
"section_id": 7
},
{
"act_id": 684,
"details": "8.\tThe Government may, by order, prohibit for a period specified therein, recruitment in any local authority without the previous sanction of the Government.",
"name": "Power of Government to prohibit recruitment",
"related_acts": "",
"section_id": 8
},
{
"act_id": 684,
"details": "9.\tNo consultation with the Bangladesh Public Service Commission shall be necessary for the purpose of absorption of surplus public servants under this Ordinance.",
"name": "Exclusion from the purview of Bangladesh Public Service Commission",
"related_acts": "",
"section_id": 9
},
{
"act_id": 684,
"details": "10.\tNo action taken or order made under this Ordinance shall be called in question in or before any Court, tribunal or authority and no suit or other legal proceeding shall lie against the Government or any person for anything done or intended to be done in pursuance of this Ordinance or any rules made thereunder.",
"name": "Bar on jurisdiction of Courts, etc.",
"related_acts": "",
"section_id": 10
},
{
"act_id": 684,
"details": "11.\tThe Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 11
}
],
"text": "An Ordinance to provide for absorption of surplus public servants and for matters ancillary thereto. WHEREAS it is expedient to provide for absorption of surplus public servants and for matters ancillary thereto; NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 685,
"lower_text": [
"1 Clause (d) and (e) were substituted by section 2 of the Government Primary School Teachers Welfare Trust (Amendment) Act, 2000 (Act No. XXII of 2000)."
],
"name": "The Government Primary School Teachers Welfare Trust Ordinance, 1985",
"num_of_sections": 15,
"published_date": "4th June, 1985",
"related_act": [
377,
685
],
"repelled": true,
"sections": [
{
"act_id": 685,
"details": "1.\tThis Ordinance may be called the Government Primary School Teachers Welfare Trust Ordinance, 1985.",
"name": "Short title",
"related_acts": "685",
"section_id": 1
},
{
"act_id": 685,
"details": "2.\tIn this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“Board” means the Board of Trustees constituted under section 5; (b)\t“Chairman” means the Chairman of the Board; (c)\t“dependent”, in relation to a teacher, means spouse, minor sons, unmarried daughters and parents; (d)\t“prescribed” means prescribed by rules or regulations made under this Ordinance; (e)\t“teacher” means a teacher of a Government primary school and includes a retired teacher but does not include a teacher who is not entitled to any benefit under this Ordinance; (f)\t“Trust” means the Government Primary School Teachers Welfare Trust established under section 3; (g)\t“Trustee” means a Trustee of the Board.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 685,
"details": "3.\t(1) There shall be established a Trust to be called the Government Primary School Teachers Welfare Trust for carrying out the purposes of this Ordinance. (2) The Trust shall be a body corporate having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and shall by the said name sue and be sued. (3)\tThe Head Office of the Trust shall be located at Dhaka. (4) \tThe Trust may, with the previous approval of the Government, establish such regional or branch offices as it deems fit.",
"name": "Establishment of the Trust",
"related_acts": "",
"section_id": 3
},
{
"act_id": 685,
"details": "4.\tSubject to rules made under this Ordinance, the general direction and administration of the affairs of the Trust shall vest in a Board of Trustees which may exercise all powers and do all acts and things which may be exercised and done by the Trust.",
"name": "General direction",
"related_acts": "",
"section_id": 4
},
{
"act_id": 685,
"details": "5.\t(1) The Board shall consist of the following Trustees, namely:- (a)\tthe Director-General of the Directorate of Primary Education, ex-officio, who shall also be the Chairman of the Board; (b)\ta Director of the Directorate of Primary Education to be nominated by the Government who shall also be the Vice-Chairman of the Board; (c)\tthe Deputy Director (Administration) of the Directorate of Primary Education, ex-officio, who shall also be Treasurer of the Board; 1(d) four officers, of whom two shall be from the Primary and Mass Education Division and one each from the Directorate of Primary Education and Compulsory Primary Education Implementation and Monitoring Unit, to be nominated by the Government; (e)\tten teachers to be nominated by the Government after consultation with the Bangladesh Primary Teachers Association: Provided that where there are more than one association of teachers and no agreement can be reached among them on nomination of teachers, the Government's decision on such nomination shall be final. (2) One of the Trustees nominated under sub-section (1)(e), to be specified by the Government, shall act as the Secretary of the Board. (3) The nominated Trustees shall hold office for a period of two years. (4) The authority which nominated a Trustee may at any time remove him without assigning any reason. (5) A nominated Trustee may at any time resign his office by writing under his hand addressed to the Chairman.",
"name": "Board",
"related_acts": "",
"section_id": 5
},
{
"act_id": 685,
"details": "6.\t(1) The meetings of the Board shall be held at such times and places and in such manner as may be prescribed: Provided that until so prescribed, such meetings shall be held at such times and places as may be determined by the Chairman. (2) To constitute a quorum at a meeting of the Board, not less than seven Trustees shall be present. (3) All meetings of the Board shall be presided over by the Chairman and, in his absence, by the Vice-Chairman of the Board and, in the absence of both, by any other Trustee authorised by the Chairman in this behalf. (4) At a meeting of the Board, each Trustee shall have one vote and, in the event of equality of votes, the person presiding shall have a second or casting vote. (5) No act or proceedings of the Board shall be invalid or be called in question merely on the ground of any vacancy in, or any defect in the constitution of, the Board.",
"name": "Meetings of the Board",
"related_acts": "",
"section_id": 6
},
{
"act_id": 685,
"details": "7. \t(1) The functions of the Trust shall generally be to provide for the welfare of the teachers and their dependents. (2) In particular and without prejudice to the generality of the foregoing provision, the Trust may- (a) \tprovide financial assistance for the medical treatment of teachers and their dependents; (b)\tprovide financial assistance in the form of lump sum grant, scholarship or stipend to the spouse and meritorious children of teachers; (c)\tprovide vocational and other professional training to the spouse and children of teachers; (d)\tdo such other acts and things as may be considered necessary for carrying out the purposes of this Ordinance.",
"name": "Functions of the Trust",
"related_acts": "",
"section_id": 7
},
{
"act_id": 685,
"details": "8.\tThe Trust may appoint such officers and other employees as it considers necessary for the efficient performance of its functions on such terms and conditions as may be prescribed.",
"name": "Appointment of officers, etc.",
"related_acts": "",
"section_id": 8
},
{
"act_id": 685,
"details": "9.\tThe Board may, by general or special order in writing, direct that such of its powers shall, in such circumstances and under such conditions, if any, as may be specified in the order, be exercisable also by the Chairman or by such other Trustee or by such officer of the Board as may be so specified.",
"name": "Delegation of powers",
"related_acts": "",
"section_id": 9
},
{
"act_id": 685,
"details": "10.\t(1) The Trust shall have its own fund which shall be utilised by it to meet the charges in connection with its functions under this Ordinance. (2)\tThe Government shall make a fixed deposit of twenty lakh taka with a bank constituted under the Bangladesh Banks (Nationalisation) Order, 1972 (P.O. No. 26 of 1972), and the interest accruing therefrom from time to time shall be transferred to the fund of the Trust as grant of the Government. (3)\tThe fund of the Trust shall consist of- (a)\tthe interest accrued from the fixed deposit made by the Government under sub-section (2); (b)\tincome from investments and other deposits; (c)\tdonations and endowments; (d)\tsubscriptions from teachers payable under this Ordinance; and (e)\treceipt from any other source. (4)\tAll moneys of the Trust shall be kept in the Bank with which the fixed deposit under sub-section (2) has been made. (5)\tThe bank account of the Trust shall be operated jointly by the Chairman and the Treasurer.",
"name": "Funds of the Trust",
"related_acts": "377",
"section_id": 10
},
{
"act_id": 685,
"details": "11. (1) Notwithstanding anything contained in this Ordinance, no teacher shall be entitled to any benefit under this Ordinance unless he pays to the Trust a sum of twenty taka as initial subscription within six months of his appointment as a teacher or within six months from the date of commencement of this Ordinance, whichever is later, and a sum of two taka as annual subscription. (2)\tThe sum specified in sub-section (1) shall be paid in such manner as may be prescribed.",
"name": "Entitlement to benefits under this Ordinance",
"related_acts": "",
"section_id": 11
},
{
"act_id": 685,
"details": "12.\t(1) The Trust shall keep proper account of the moneys received and expended by it. (2) The account of the Trust shall be audited by the Comptroller and Auditor-General of Bangladesh.",
"name": "Audit and accounts",
"related_acts": "",
"section_id": 12
},
{
"act_id": 685,
"details": "13.\t(1) The Trust shall submit to the Government an annual report on the conduct of its affairs. (2) The Government may require the Trust to furnish any report, statement or information regarding its affairs or in respect of any matter under its control and the Trust shall comply with such requisition.",
"name": "Submission of reports, etc.",
"related_acts": "",
"section_id": 13
},
{
"act_id": 685,
"details": "14.\tThe Government may, by notification in the official Gazette, make rules for the purpose of giving effect to the provisions of this Ordinance.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 14
},
{
"act_id": 685,
"details": "15.\tThe Trust may, with the previous approval of the Government, make regulations, not inconsistent with the provisions of this Ordinance and the rules made thereunder, to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this Ordinance.",
"name": "Power to make regulations",
"related_acts": "",
"section_id": 15
}
],
"text": "An Ordinance to provide for the establishment of a Government Primary School Teachers Welfare Trust. WHEREAS it is expedient to provide for the establishment of a Government Primary School Teachers Welfare Trust and for matters connected therewith; NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 686,
"lower_text": [],
"name": "The Ground Water Management Ordinance, 1985",
"num_of_sections": 13,
"published_date": "9th June, 1985",
"related_act": [
320,
686
],
"repelled": true,
"sections": [
{
"act_id": 686,
"details": "1.\t(1) This Ordinance may be called the Ground Water Management Ordinance, 1985. (2) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint.",
"name": "Short title and commencement",
"related_acts": "686",
"section_id": 1
},
{
"act_id": 686,
"details": "2.\tIn this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“aquifer” means a body of saturated soil at any depth below ground level that can store and transmit sufficient quantity of water to the wells; (b)\t“Chairman” means the Chairman of the Upazila Parishad; (c)\t“Committee” means an Upazila Irrigation Committee; (d)\t“deep tube well” means a tube well called as such operated by a submersible pump set or turbine pump coupled with a prime mover capable of pumping ground water when the pumped water level depth is more than 7 metres; (e)\t“deep set hand-pumped tube well” means a hand-pumped well used for either irrigation or water supply where the pump valve is set below the surface and operated remotely by a pump rod operated from the surface and is capable of pumping ground water when the pumped water level depth is more than 8 metres; (f)\t“drawdown” means the difference in ground water level between static water level and pumped water level; (g)\t“prescribed” means prescribed by rules made under this Ordinance; (h)\t“pumped water level” means the depth from ground level to the saturated water level measured in a well when the well is pumping; (i)\t“shallow tube well” means a tube well called as such operated by a centrifugal pump coupled with a prime mover but only capable of pumping water when the vertical distance between the centrifugal pump and the pumped water level depth is within 7 metres; (j)\t“static water level” means the depth from ground level to the saturated water level beneath the ground surface where no pumping has taken place; (k)\t“suction lift hand-pumped tube well” means hand-pumped well used for either irrigation or potable water supply when the pump valves are situated above ground level but is only capable of operation when the vertical distance between the pump valve and the pumped water level depth is within 8 metres; (l)\t“tube well” means a deep tube well, shallow tube well, suction lift hand-pumped well or deep set hand-pumped well used for irrigation or water supply; (m)\t“Upazila Irrigation Committee” means a Upazila Irrigation Committee constituted under section 4 and includes a Thana Irrigation Committee in a Thana which has not been declared a Upazila; (n)\t“Upazila Parishad” means a Upazila Parishad constituted under the Local Government (Upazila Parishad and Upazila Administration Reorganisation) Ordinance, 1982 (LIX of 1982), and includes a Thana Parishad in a Thana which has not been declared a Upazila.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 686,
"details": "3.\tThe provisions of this Ordinance and the rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any rule, regulation, bye-law, or in any other instrument.",
"name": "Effect of laws, etc. inconsistent with the Ordinance",
"related_acts": "",
"section_id": 3
},
{
"act_id": 686,
"details": "4.\tThere shall be constituted, in the prescribed manner, a Upazila Irrigation Committee in each Upazila for the purposes of this Ordinance.",
"name": "Upazila Irrigation Committee",
"related_acts": "",
"section_id": 4
},
{
"act_id": 686,
"details": "5.\t(1) No tube well shall be installed in any place without a licence granted by the Upazila Parishad. (2) An application for licence for installation of a tube well shall be made to the Upazila Parishad in such form as may be prescribed. (3) No application shall be entertained by the Upazila Parishad unless it is accompanied by such fee as may be prescribed. (4) On receipt of an application for licence, the Upazila Parishad shall direct the Committee to hold a local enquiry and submit a report on the following points, namely:- (a)\tthe aquifer condition of the soil where the tube well is to be installed; (b)\tthe distance of the nearest existing tube well; (c)\tthe area likely to be benefited by the tube well; (d)\tthe likely effect on the existing tube wells including tube wells used for domestic purpose; (e)\tthe suitability of the site for installation of the tube well; and (f)\tthe conditions on which a licence, if any, may be granted. (5) If, on consideration of the report of the Committee, the Upazila Parishad is satisfied that the installation of tube well applied for- (a)\twill be beneficial to the areas for which it is to be installed, or (b)\twill not have any adverse effect upon the surrounding area, or (c)\tis otherwise feasible, it may grant the licence applied for. (6) A licence granted under sub-section (5) shall be in such form as may be prescribed and shall be subject to such conditions as may be specified therein. (7) Any person aggrieved by the decision of the Upazila Parishad may file an application to such authority as may be prescribed for review of the decision and the decision of that authority on such review shall be final.",
"name": "Licence for tube well",
"related_acts": "",
"section_id": 5
},
{
"act_id": 686,
"details": "6. Notwithstanding anything contained in this Ordinance, a tube well in existence on the day of commencement of this Ordinance shall not operate after six months from such commencement unless a licence is obtained in the meantime from the Upazila Parishad on payment of the prescribed fee: Provided that no enquiry by the Committee shall be necessary for granting a licence under this section.",
"name": "Licence of existing tube wells",
"related_acts": "",
"section_id": 6
},
{
"act_id": 686,
"details": "7. (1) The Committee may, if it is satisfied that the conditions of a licence are being violated, by order in writing specifying the reasons therefore, suspend the licence of a tube well and report the matter forthwith to the Upazila Parishad. (2) The Upazila Parishad may confirm the order of suspension of a licence if it is satisfied that there are good reasons for suspension of the licence: Provided that the Upazila Parishad shall not confirm the suspension of a licence unless the licensee is given a reasonable opportunity of being heard: Provided further that, if an order of suspension is not confirmed within fifteen days from the date of making of the order of suspension, the order of suspension shall be deemed to have been vacated on the expiry of that period. (3) An order of suspension confirmed by the Upazila Parishad shall remain valid for a period of forty five days. (4) Any person aggrieved by an order of suspension confirmed by the Upazila Parishad may make an application to such authority as may be prescribed for review of the order and the decision of that authority on such review shall be final.",
"name": "Suspension and revocation of licence",
"related_acts": "",
"section_id": 7
},
{
"act_id": 686,
"details": "8. (1) A licence granted under this Ordinance may be cancelled by the Upazila Parishad if, on a report from the Committee, it is satisfied that,- (a)\tthe licensee has violated the terms and conditions of the licence; or (b)\tthe licence was suspended for more than three times during one year preceding the order: Provided that no licence shall be cancelled unless the licensee is given a reasonable opportunity of being heard.",
"name": "Cancellation of licence",
"related_acts": "",
"section_id": 8
},
{
"act_id": 686,
"details": "9. Notwithstanding anything contained in any other law for the time being in force, neither the Bangladesh Agricultural Development Corporation established under the Agricultural Development Corporation Ordinance, 1961 (E.P. Ord. XXXVII of 1961), nor any other authority or person dealing with tube wells shall supply tube wells to any person unless he has a licence for installation of a tube well granted under this Ordinance.",
"name": "Supply of tube wells by Corporation, etc",
"related_acts": "320",
"section_id": 9
},
{
"act_id": 686,
"details": "10. Whoever contravenes any provision of this Ordinance or rules made thereafter shall be punishable with fine which may extend to two thousand taka.",
"name": "Offences",
"related_acts": "",
"section_id": 10
},
{
"act_id": 686,
"details": "11. No Court shall take cognizance of an offence under this Ordinance except on a complaint made in writing by the Chairman.",
"name": "Cognizance of offence",
"related_acts": "",
"section_id": 11
},
{
"act_id": 686,
"details": "12. The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 12
},
{
"act_id": 686,
"details": "13. The Government may, by notification in the official Gazette, exempt any project or any area specified in the notification from the operation of this Ordinance.",
"name": "Power to exempt",
"related_acts": "",
"section_id": 13
}
],
"text": "An Ordinance to manage the ground water resources for agricultural production. WHEREAS it is expedient to manage the ground water resources for agricultural production and for matters connected therewith; NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 687,
"lower_text": [],
"name": "The Finance Ordinance, 1985",
"num_of_sections": 9,
"published_date": "30th June, 1985",
"related_act": [
354,
675,
77,
206,
687,
604
],
"repelled": false,
"sections": [
{
"act_id": 687,
"details": "1. (1) This Ordinance may be called the Finance Ordinance, 1985. (2) Except as otherwise provided in this Ordinance, this section and sections 3 and 6 shall come into force at once, and other sections shall come into force on the first day of July, 1985.",
"name": "Short title and commencement",
"related_acts": "687",
"section_id": 1
},
{
"act_id": 687,
"details": "2. In the Stamp Act, 1899 (II of 1899), in Schedule I, in article No. 23,- (a) \tfor the figure “17.5%” the figure “18%” shall be substituted; and (b) \tfor the heading “Exemption.” and the existing entry thereunder the following shall be substituted, namely:- “EXEMPTIONS. (a) \tAssignment of copyright under the Copyright Ordinance, 1962, section 14. (b) Transfer of landed property owned by an industrial entrepreneur to a limited company incorporated for industrial purposes, provided that the entrepreneur becomes a shareholder of the company to the extent of the value of the property”.",
"name": "Amendment of Act II of 1899",
"related_acts": "77",
"section_id": 2
},
{
"act_id": 687,
"details": "3.\tThe following amendments shall be made in the Excises and Salt Act, 1944 (I of 1944), namely:- (1) \tin section 3A (1), for the full-stop at the end a colon shall be substituted and thereafter the following proviso shall be added, namely :- “Provided that, if the assessed amount has a fraction of less than five poisha, the assessment shall be rounded off to the next higher five poisha.”; (2) The FIRST SCHEDULE shall be amended in the manner set out in the FIRST SCHEDULE to this Ordinance.",
"name": "Amendment of Act I of 1944",
"related_acts": "206",
"section_id": 3
},
{
"act_id": 687,
"details": "4. (1) The Gift-tax Act, 1963 (XIV of 1963), is hereby repealed. (2) Notwithstanding its repeal under sub-section (1), the Gift-tax Act, 1963 (XIV of 1963), and the rules, orders, instructions or directions made or issued thereunder shall continue to apply to the levy and collection of gift-tax payable thereunder before the repeal of this Act and to all proceedings connected therewith as if the said Act had not been repealed.",
"name": "Repeal of Act XIV of 1963",
"related_acts": "",
"section_id": 4
},
{
"act_id": 687,
"details": "5.\tIn the Wealth-tax Act, 1963 (XV of 1963), in section 5(1) (xii), for the words “Taka one lakh” the words “Taka three lakh” shall be substituted.",
"name": "Amendment of Act XV of 1963",
"related_acts": "",
"section_id": 5
},
{
"act_id": 687,
"details": "6.\tThe following amendments shall be made in the Customs Act, 1969 (IV of 1969), namely:- (1) in section 25, after sub-section (7), the following new sub-section shall be added, namely:- “(8) If the appropriate officer finds that the value of the goods declared by the importer in the bill of entry is less than the value determined under this section, he may, without prejudice to any other action which he may take in respect of the importer or such goods, require the importer to clear the goods on paying the duty on their value determined as aforesaid, or if the importer is unwilling or fails to do so, acquire them on behalf of the Government by paying to the importer their value as declared in the bill of entry.”; (2) in the First Schedule,- (a) \tagainst Tariff Heading No. 25.01 in column (1), against sub-head A.1. in column (2), in column (3), for the figure “10%” the figure “50%” shall be substituted; (b) \tagainst Tariff Heading No. 66.03 in column (1), in column (3), for the figure “50%” the figure “100%” shall be substituted; and (c)\tagainst Tariff Heading No. 84.10 in column (1), in column (3), for the figure “50%”, wherever occurring, the figure “100%” shall be substituted.",
"name": "Amendment of Act IV of 1969",
"related_acts": "354",
"section_id": 6
},
{
"act_id": 687,
"details": "7.\tIn the Finance Act, 1980 (XXIII of 1980), in section 12(3), for the word, brackets and figure “sub-section (1)” the words “this section” shall be substituted and shall be deemed to have been so substituted on and from the 1st day of August, 1984.",
"name": "Amendment of Act XXIII of 1980",
"related_acts": "604",
"section_id": 7
},
{
"act_id": 687,
"details": "8.\tThe following amendments shall be made in the Income Tax Ordinance, 1984 (XXXVI of 1984), namely:- (1) in section 32,- (a)\tin sub-section (6) (a) (i), for the words “previous year” the words “income year” shall be substituted; (b)\tafter sub-section (8), the following new sub-sections (9), (10) and (11) shall be added, namely:- “(9) Notwithstanding anything contained in this section or section 31, where a capital gain arises from the transfer of a capital asset being buildings or lands which, within a period of one year immediately following the date on which the transfer took place, is invested in the acquisition of stocks or shares of public limited companies which fulfil the conditions laid down in paragraph 8 of Part B of the Sixth Schedule and the stocks or shares are held by the assessee for at least two years from the date of acquisition, the capital gain shall not be charged to tax as income of the year in which the transfer took place. (10) Notwithstanding anything contained in this section or section 31, where a capital gain arises from the transfer of a capital asset being buildings or lands to a new company registered under the Companies Act, 1913 (VII of 1913), for setting up an industry and if the whole amount of capital gain is invested in the equity of the said company, then the capital gain shall not be charged to tax as income of the year in which the transfer took place. (11) Notwithstanding anything contained in this section or section 31, where a capital gain arises from the transfer of a capital asset of a firm to a new company registered under the Companies Act, 1913 (VII or 1913), and if the whole amount of the capital gain is invested in the equity of the said company by the partners of the said firm, then the capital gain shall not be charged to tax as income of the year in which the transfer took place.”; (2) in section 43(4),- (a)\tin clause (a) (iii), the words “by way of gift or” shall be omitted; (b)\tin clause (a) (iv), the words “by way of gift or” shall be omitted; (c)\tin clause (b), the words “by way of gift or” shall be omitted; (3) \tin section 45, after sub-section (2), the following new sub-sections (2A) and (2B) shall be inserted, namely:- “(2A) \tSubject to the provisions of this Ordinance, the income, profits and gains of an industrial undertaking set up in Bangladesh between the first day of July, 1985, and the thirtieth day of June, 1990 (both days inclusive), shall be exempt from the tax payable under this Ordinance for the period specified below- (a)\tif the undertaking is set up in such areas as the Board may, by notification in the official Gazette, specify to be “Special Economic Zone”, for a period of twelve years beginning with the month of commencement of commercial production of the undertaking; (b)\tif the undertaking is set up in such areas as the Board may, by notification in the official Gazette, specify to be “Least Developed Areas”, for a period of nine years beginning with the month of commencement of commercial production of the undertaking; (c)\tif the undertaking is set up in such areas as the Board may, by notification in the official Gazette, specify to be “Less Developed Areas”, for a period of six years beginning with the month of commencement of commercial production of the undertaking; and (d) if the undertaking is set up in the city of Dhaka, Chittagong or Khulna or the municipality of Narayanganj, or within ten miles from the outer limits thereof, for a period of four years beginning with the month of commencement of commercial production of the undertaking. (2B) The exemption under sub-section (2A) shall apply to an industrial undertaking (hereinafter referred to as the “said under taking”) which fulfils the following conditions, namely:- (a)\tthat the said undertaking is owned and managed by- (i)\ta body corporate established by, or in pursuance of, an Act of Parliament with its head office in Bangladesh; or (ii)\ta company registered under the Companies Act, 1913 (VII of 1913), with its registered office in Bangladesh and having a subscribed and paid up capital of not less than one lakh taka on the date of commencement of commercial production; (b)\tthat the said undertaking belongs to such class of industry as the Board may, by notification in the official Gazette, specify for the purpose of this sub-section; (c)\tthat a part of the income exempted under this sub-section is reinvested in the said undertaking or is invested in the purchase of bond issued by the Government and such reinvestment or investment is not- (i)\tless than five per cent of such income, if it is an undertaking set up in the areas referred to in sub-section (2A) (a) and (b); (ii) less than fifteen per cent of such income, if it is an undertaking set up in the areas referred to in sub-section (2A)(c); and (iii) less than thirty per cent of such income, if it is an industrial undertaking set up in the areas referred to in sub-section (2A)(d); (d)\tthat the said undertaking is approved and, during the relevant income year, stands approved by the Board for the purposes of this section; (e)\tthat the application in the prescribed form for approval for the purposes of this section, as verified in the prescribed manner, is made to the Board within one hundred and twenty days from the date of commencement of commercial production: Provided that the Board may admit an application after the expiry of the said period of one hundred and twenty days if it is satisfied that there was sufficient cause for not making the application within the said period.”; (4) \tin section 46, after sub-section (2), the following new sub-sections (2A) and (2B) shall be inserted, namely:- “(2A) \tSubject to the provisions of this Ordinance, the income, profits and gains of a tourist industry set up in Bangladesh between the first day of July, 1985, and the thirtieth day of June, 1990 (both days inclusive), shall be exempt from the tax payable under this Ordinance, for the period specified below- (a)\tif the industry is set up in such areas as the Board may, by notification in the official Gazette, specify to be “Special Economic Zone”, for a period of twelve years beginning with the month of commencement of its commercial service; (b)\tif the industry is set up in such areas as the Board may, by notification in the official Gazette, specify to be “Least Developed Areas”, for a period of nine years beginning with the month of commencement of its commercial service; (c)\tif the industry is set up in such areas as the Board may, by notification in the official Gazette, specify to be “Less Developed Areas”, for a period of six years beginning with the month of commencement of its commercial service; and (d)\tif the industry is set up in the city of Dhaka, Chittagong or Khulna or the municipality of Rajshahi, or within fifteen miles from the outer limits thereof, for a period of four years beginning with the month of commencement of its commercial service. (2B) The exemption under sub-section (2A) shall apply to a tourist industry (hereinafter referred to as the “said industry”), which fulfils the following conditions, namely:- (a)\tthat the said industry is owned and managed by a Bangladeshi company having a subscribed and paid up capital of not less than one lakh taka on the date of commencement of its commercial service; (b)\tthat the said industry shall have such service facilities as the Board may, by notification in the official Gazette, specify in this behalf; (c)\tthat a part of the income, profits and gains derived from the said industry exempted under sub-section (2A) is reinvested in it or is invested in the purchase of bond issued by the Government and such reinvestment or investment is not- (i)\tless than five per cent of such income, profits and gains, if it is an industry set up in the areas referred to in sub-sections (2A)(a) and (b); (ii)\tless than fifteen per cent of such income, profits and gains, if it is an industry set up in the areas referred to in sub-section (2A)(c); (iii)\tless than thirty per cent of such income, profits and gains, if it is an industry set up in the areas referred to in sub-section (2A)(d); (d)\tthat an application in the prescribed form for approval for the purposes of this section, as verified in the prescribed manner, is made to the Board within one hundred and twenty days of the date of commencement of commercial service; (e)\tthat the said industry is approved and, during the relevant income year, stands approved by the Board for the purposes of this section.”; (5)\tin section 47 (1), in the Explanation, in clause (a),- (a)\tin sub-clause (ii), for the words “fifty thousand taka” the words “one lakh taka” shall be substituted; and (b) \tin sub-clause (iii), for the word “ten” the word “fifteen” shall be substituted; (6) \tin section 49 (1), after clause (b), the following new clause (bb) shall be inserted, namely:- “(bb) income derived from fixed deposits in banks;”; (7) after section 51, the following new section 51A shall be inserted, namely:- “51A.\tDeduction at source from interest on fixed deposits.- Any person responsible for paying any sum by way of interest on any fixed deposit maintained with any scheduled bank including a co-operative bank or by way of share of profit on term deposit maintained with any bank run on Islamic principles, as the case may be, shall deduct, at the time of credit of such interest or share of profit to the account of the recipient, being resident, or at the time of the payment thereof, whichever is earlier, income tax at the following rates, namely:- (i) \tWhere the amount of deposit does not exceed Taka 40,000\tNil (ii)\tWhere the amount of deposit exceeds Taka 40,000\t10 per cent of the sum of interest or share of profit, as the case may be, on the whole of such deposit: Provided that nothing contained in this section shall apply to such recipient or class of recipients as the Board may, by a general or special order, specify in this behalf.”; (8) \tin section 66, for the full-stop at the end, a colon shall be substituted and thereafter the following new proviso shall be added, namely:- “Provided that, if before the fifteenth day of May of the year, an assessment of the assessee is completed in respect of an income year, later than that on the basis of which the tax was computed under section 65, the assessee shall pay in one instalment on the specified date or in equal instalments on the specified dates, if more than one falling after the date of the said assessment, the tax computed on the revised basis as reduced by the amount, if any, paid in accordance with the original computation.”; (9) \tin section 75(2) (d), for the words “fifty thousand taka” the words “eighty thousand taka” shall be substituted; (10) in the Third Schedule, in paragraph 11,- (a)\tin clause (3), in the proviso, for the words “one hundred and fifty thousand taka”, occurring twice, the words “two lakh taka” shall be substituted; and (b)\tin clause (6) (a), for the words “one hundred and fifty thousand taka” the words “two lakh taka” shall be substituted; (11) in the Sixth Schedule,- (a)\tin Part A,- (i)\tin paragraphs 10, 11 and 13, for the words “five thousand taka”, wherever occurring, the words “fifteen thousand taka” shall be substituted; (ii)\tin paragraph 14(d), for the full-stop at the end a semi-colon shall be substituted and thereafter the following new sub-paragraphs (e) and (f) shall be added, namely:- “(e)\tin respect of a building the erection of which is begun and completed at any time between the first day of July, 1985 and the thirtieth day of June, 1990 (both days inclusive), and the building is intended to be, and is actually, used for residential purposes only, for a period of five years from the date of such completion, subject to the following limits, namely:- (i)\tin a case where the annual value of such building does not exceed fifteen thousand taka,\t....\tthe whole of such value;(ii) \tin a case where the annual value of such building exceeds fifteen thousand taka,\t....\tfifteen thousand taka: Provided that where an assessee claims exemption in respect of more than one such building, the exemption under this clause shall be restricted to such portion of the aggregate annual value of such building as does not exceed fifteen thousand taka; (f)\tin respect of a building the erection of which is begun and completed at any time between the first day of July, 1985 and the thirtieth day of June, 1990 (both days inclusive), and which is intended to be, and is actually, used for residential purposes only, for a period of five years from the date of such completion, subject to the condition that the plinth area of the building is not more than one thousand square feet. The exemption under this clause shall also apply in the case of housing companies, societies and estates where the construction comprises bungalows, flats, apartments or units (hereinafter referred to as units) each containing plinth area of not more than one thousand square feet provided the construction comprises not less than twenty-five units.”; (iii)\tin paragraph 22, at the end an explanation shall be added, namely:- “Explanation.- In this paragraph, “public limited companies” means companies- (i)\tin which not less than fifty per cent shares are held by the Government, or (ii)\twhose shares were subject of dealings in a registered Stock Exchange in Bangladesh at any time during the income year and remained listed in the Stock Exchange till the close of that year.”; (iv)\tafter paragraph 22, the following new paragraph 23 shall be added, namely:- “23. Any income derived by an assessee, being the author or co-author, of such literary works of a creative nature as may be approved by the Board for the purpose of this paragraph from such work.”; (b)\tin Part B,- (i)\tin paragraph 10(1)(b), after the words “unit certificate”, the words “and mutual fund certificate” shall be inserted; and (ii)\tin paragraph 18, for the words “an individual” the words “a salaried employee” shall be substituted.",
"name": "Amendment of Ordinance XXXVI or 1984",
"related_acts": "",
"section_id": 8
},
{
"act_id": 687,
"details": "9. (1) Subject to the provisions of sub-sections (2), (3), (4), (5) and (6), in making any assessment for the year beginning on the first day of July, 1985, income tax shall be charged at the rates as specified in the Second Schedule. (2) In making any assessment for the year beginning on the first day of July, 1985,- (a)\twhere the total income of an assessee, not being a company, includes any income chargeable under the head “Salaries” or any income chargeable under the head “Interest on securities”, the income tax payable by the assessee on that part of his total income which consists of such inclusion shall be an amount bearing to the total amount of income tax payable according to the rates applicable under the operation of the Finance Ordinance, 1984 (XLII of 1984), on his total income the same proportion as the amount of such inclusion bears to his total income; and (b)\twhere the total income of a company includes any profits and gains from Life Insurance business, the income tax payable by the company shall be reduced by an amount equal to 12.5 per cent of that part of its total income which consists of such inclusion. (3) In making any assessment for the year beginning on the first day of July, 1985, where the assessee is a co-operative society, the tax shall be payable at the rate specified in paragraph A or B(i)(d) of the Second Schedule, whichever treatment is more beneficial to the assessee: Provided that in calculating for the purpose of this sub-section, the amount of income tax at the rates specified in paragraph A of the Second Schedule, no deduction in respect of any allowance or sums referred to in the proviso to the said paragraph shall be made. (4) (a) In making any assessment for the year beginning on the first day of July, 1985, where the total income of an assessee other a company not registered in Bangladesh, includes any profits and gains derived from the export of goods out of Bangladesh, income tax payable by him in respect of such profits and gains shall, subject to the provisions of clauses (b) and (c), be reduced by an amount computed in the manner specified hereunder:- Amount. (i) Where the goods exported abroad had not been manufactured by the assessee who exported them: 30 per cent of the income tax attributable to export sales. (a) and where the export sales during the relevant year exceed the export sales of the preceding year; Plus an additional 1 per cent for every increase of 10 per cent in export sales over those of the preceding year, subject to an overall maximum of 40 per cent. (b) and where the export sales during the relevant year do not exceed the export sales of the preceding year; minus 1 per cent for every decrease of 10 per cent in export sales from those of the preceding year, subject to an overall minimum of 20 per cent. (ii) Where the goods exported had been manufactured by the assessee who had exported them: (a) where the export sales do not exceed 10 per cent of the total sales; Nil. (b) where the export sales exceed 10 per cent but do not exceed 20 per cent of the total sales; 30 per cent of the income tax attributable to export sales. (c) where the export sales exceed 20 per cent but do not exceed 30 per cent of the total sales; 40 per cent of the income tax attributable to export sales. (d) Where the export sales exceed 30 per cent but do not exceed 40 per cent of the total sales; 50 per cent of the income tax attributable to export sales. (e) where the export sales exceed 40 per cent of the total sales; 60 per cent of the income tax attributable to export sales: Provided that the terms \"export of goods out of Bangladesh”, \"goods exported abroad” and \"export sales” used in this clause shall include sale of locally manufactured machinery, equipment and other finished products within the country to any agency against its procurement programme in foreign exchange. (b) Nothing contained in clause (a) shall apply in respect of the following goods or classes of goods, namely:- (i) tea; (ii) raw jute; (iii) jute manufactures; (iv) raw hides and skin and wet-blue leather; (v) such other goods as may be notified by the National Board of Revenue from time to time. (c) The National Board of Revenue may make rules providing for the computation of profits and the tax attributable to export sales and for such other matters as may be necessary to give effect to the provisions of this sub-section. (5) In making any assessment for the year beginning on the first day of July, 1985, where the total income of an assessee other than a company not registered in Bangladesh, includes any profits and gains derived from plying of passenger buses and passenger launches, a rebate shall be allowed at the rate of twenty-five per cent of the income tax attributable to profits and gains derived from such passenger buses and passenger launches. (6) In cases to which the Second Schedule to the Income Tax Ordinance, 1984 (XXXVI of 1984), applies, the tax chargeable shall be determined as provided in that Schedule but with reference to the rates imposed by sub-section (1), or in accordance, where applicable, with the provisions of sub-section (2). (7) For the purpose of making deduction of tax under Chapter VII of the Income Tax Ordinance, 1984 (XXXVI of 1984), the rates specified in the Second Schedule shall apply as respects the year beginning on the first day of July, 1985, and ending on the thirtieth day of June, 1986. (8) For the purposes of this section and of the rates of tax imposed thereby, the expression \"total income” means total income as determined for the purpose of income tax in accordance with the provisions of the Income Tax Ordinance, 1984 (XXXVI of 1984).",
"name": "Income tax",
"related_acts": "675",
"section_id": 9
}
],
"text": "An Ordinance to give effect to the financial proposals of the Government and to amend certain laws. WHEREAS it is expedient to make provisions to give effect to the financial proposals of the Government and to amend certain laws for the purposes hereinafter appearing; NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 688,
"lower_text": [
"1 The words “Bangladesh Bridge Authority” were substituted for the words “Jamuna Multipurpose Bridge Authority” by section 2 of Jamuna Multipurpose Bridge Authority (Amendment) Act, 2009 (Act. No. LVI of 2009) (with effect from 18th December, 2007).",
"2 The words \"Bangladesh Bridge Authority \" were substituted for the words \" Jamuna Multipurpose Bridge Authority \" by section 4 of Jamuna Multipurpose Bridge Authority (Amendment) Act, 2009 (Act. No. LVI of 2009) (with effect from 18th December, 2007).",
"3 The words “Bangladesh Bridge Authority” were substituted for the words “Jamuna Multipurpose Bridge Authority” by section 5 of Jamuna Multipurpose Bridge Authority (Amendment) Act, 2009 (Act. No. LVI of 2009) (with effect from 18th December, 2007).",
"4 Clause (aa) was inserted by section 2 of the Jamuna Multipurpose Bridge Authority (Amendment) Act, 1998 (Act No. XXI of 1998).",
"5 Clause (dd) was substituted by section 2 of the Jamuna Multipurpose Bridge Authority (Amendment) Act, 1998 (Act No. XXI of 1998).",
"6 Clause (e) was substituted by section 2 of the Jamuna Multipurpose Bridge Authority (Amendment) Act, 1998 (Act No. XXI of 1998).",
"7 Clauses (g), (h), (i) and (j) were substituted for former clause (g) by section 2 of the Jamuna Multipurpose Bridge Authority (Amendment) Act, 1996 (Act No. XII of 1996).",
"8 The words and comma “in relation to a bridge or toll-road, includes” were substituted for the words and comma “in relation to the multipurpose bridge, includes control of the approach roads thereof and” by section 2 of the Jamuna Multipurpose Bridge Authority (Amendment) Act, 1998 (Act No. XXI of 1998).",
"9 The words “bridge or toll-road” were substituted for the words “roads or the bridge” by section 2 of the Jamuna Multipurpose Bridge Authority (Amendment) Act, 1998 (Act No. XXI of 1998).",
"10 Clause (hh) was inserted by section 2 of the Jamuna Multipurpose Bridge Authority (Amendment) Act, 1998 (Act No. XXI of 1998).",
"11 The words “a bridge” were substituted for the words “the multipurpose bridge” by section 2 of the Jamuna Multipurpose Bridge Authority (Amendment) Act, 1998 (Act No. XXI of 1998).",
"12 Clause (j) was substituted by section 5 of Jamuna Multipurpose Bridge Authority (Amendment) Act, 2009 (Act. No. LVI of 2009) (with effect from 18th December, 2007).",
"13 The word and symbol “by-pass” were substituted for the word “by pass” by section 5 of Jamuna Multipurpose Bridge Authority (Amendment) Act, 2009 (Act. No. LVI of 2009) (with effect from 18th December, 2007).",
"14 The words “Bangladesh Bridge Authority” were substituted for the words “Jamuna Multipurpose Bridge Authority” by section 4 of Jamuna Multipurpose Bridge Authority (Amendment) Act, 2009 (Act. No. LVI of 2009) (with effect from 18th December, 2007).",
"15 Section 6 was substituted by section 3 of the Jamuna Multipurpose Bridge Authority (Amendment) Act, 1998 (Act No. XXI of 1998).",
"16 Clause (j) was substituted by section 5 of the Jamuna Multipurpose Bridge Authority (Amendment) Ordinance, 2007 (Ordinance No. 33 of 2007).",
"17 The colon (:) was substituted for the full stop (.) at the end and thereafter the proviso was added by section 7 of Jamuna Multipurpose Bridge Authority (Amendment) Act, 2009 (Act. No. LVI of 2009) (with effect from 18th December, 2007).",
"18 Clauses (a), (b) and (c) were substituted by section 5 of the Jamuna Multipurpose Bridge Authority (Amendment) Act, 1998 (Act No. XXI of 1998).",
"19 The word “plans” was substituted for the word “plan” by section 5 of the Jamuna Multipurpose Bridge Authority (Amendment) Act, 1998 (Act No. XXI of 1998).",
"20 Clause (e) was substituted by section 5 of the Jamuna Multipurpose Bridge Authority (Amendment) Act, 1998 (Act No. XXI of 1998).",
"21 Clauses (f), (g) and (h) were substituted for the former clause (f) by section 5 of the Jamuna Multipurpose Bridge Authority (Amendment) Act, 1996 (Act No. XII of 1996).",
"22 Clause (f) was substituted by section 5 of the Jamuna Multipurpose Bridge Authority (Amendment) Act, 1998 (Act No. XXI of 1998).",
"23 Clauses (g) and (gg) were substituted for the former clause (g) by section 5 of the Jamuna Multipurpose Bridge Authority (Amendment) Act, 1998 (Act No. XXI of 1998).",
"24 The word “times” was substituted for the word “time” by section 8 of Jamuna Multipurpose Bridge Authority (Amendment) Act, 2009 (Act. No. LVI of 2009) (with effect from 18th December, 2007).",
"25 The comma (,) was inserted after the word “thereunder” by section 9 of Jamuna Multipurpose Bridge Authority (Amendment) Act, 2009 (Act. No. LVI of 2009) (with effect from 18th December, 2007).",
"26 The words “any bridge or toll-road” were substituted for the words “multipurpose bridge” by section 6 of the Jamuna Multipurpose Bridge Authority (Amendment) Act, 1998 (Act No. XXI of 1998).",
"27 The words “any bridge or toll-road” were substituted for the words “multipurpose bridge” by section 6 of the Jamuna Multipurpose Bridge Authority (Amendment) Act, 1998 (Act No. XXI of 1998).",
"28 The words and commas “establishment, construction, operation or maintenance of any bridge or toll-road” were substituted for the words and comma “establishment, operation and maintenance of the multipurpose bridge” by section 6 of the Jamuna Multipurpose Bridge Authority (Amendment) Act, 1998 (Act No. XXI of 1998).",
"29 The words “any bridge or toll-road or in any part of the restricted area thereof” were substituted for the words “the multipurpose bridge or within the restricted area” by section 6 of the Jamuna Multipurpose Bridge Authority (Amendment) Act, 1998 (Act No. XXI of 1998).",
"30 The semi-colon (;) was substituted for the full-stop (.) and thereafter clauses (f), (g) and (h) were added by section 6 of the Jamuna Multipurpose Bridge Authority (Amendment) Act, 1996 (Act No. XII of 1996).",
"31 The words “any bridge or toll-road or any part of the restricted area thereof” were substituted for the words “the multipurpose bridge or any part of the restricted area” by section 6 of the Jamuna Multipurpose Bridge Authority (Amendment) Act, 1998 (Act No. XXI of 1998).",
"32 The words “any bridge or toll-road” were substituted for the words “multipurpose bridge” by section 6 of the Jamuna Multipurpose Bridge Authority (Amendment) Act, 1998 (Act No. XXI of 1998).",
"33 The words and comma “any bridge or toll-road or for such other purposes as the Authority may consider necessary, the use of the bridge or toll-road” were substituted for the words and comma “the multipurpose bridge and for such other purposes as the Authority may consider necessary, the use of the bridge” by section 6 of the Jamuna Multipurpose Bridge Authority (Amendment) Act, 1998 (Act No. XXI of 1998).",
"34 Sub-section (1) was substituted by section 7 of the Jamuna Multipurpose Bridge Authority (Amendment) Act, 1996 (Act No. XII of 1996).",
"35 The words “any restricted area” were substituted for the words “the restricted area” by section 7 of the Jamuna Multipurpose Bridge Authority (Amendment) Act, 1998 (Act No. XXI of 1998).",
"36 The words “officer of the Authority or other person” were substituted for the word “officer” by section 8 of the Jamuna Multipurpose Bridge Authority (Amendment) Act, 1996 (Act No. XII of 1996).",
"37 The words “or construction of any bridge or toll-road” were substituted for the words “of the multipurpose bridge” by section 8 of the Jamuna Multipurpose Bridge Authority (Amendment) Act, 1998 (Act No. XXI of 1998).",
"38 The words “Bangladesh Bridge Authority” were substituted for the words “Jamuna Multipurpose Bridge Authority” by section 10 of Jamuna Multipurpose Bridge Authority (Amendment) Act, 2009 (Act. No. LVI of 2009) (with effect from 18th December, 2007).",
"39 The words “Bangladesh Bridge Authority” were substituted for the words “Jamuna Multipurpose Bridge Authority” by section 10 of Jamuna Multipurpose Bridge Authority (Amendment) Act, 2009 (Act. No. LVI of 2009) (with effect from 18th December, 2007).",
"40 Sub-section (4) was substituted by section 9 of the Jamuna Multipurpose Bridge Authority (Amendment) Act, 1996 (Act No. XII of 1996).",
"41 Sections 20A-20P were inserted by section 10 of the Jamuna Multipurpose Bridge Authority (Amendment) Act, 1998 (Act No. XXI of 1998).",
"42 The word \"Sections\" was substituted for the word \"Section\" by section 14 of the Jamuna Multipurpose Bridge Authority (Amendment) Ordinance, 2007 (Ordinance No. . 38 of 2007).",
"43 The word “proceedings” was substituted for the word “proceeding” by section 11 of Jamuna Multipurpose Bridge Authority (Amendment) Act, 2009 (Act. No. LVI of 2009) (with effect from 18th December, 2007).",
"44 The words “employee of the Authority” were substituted for the words “employee or the Authority” by section 11 of Jamuna Multipurpose Bridge Authority (Amendment) Act, 2009 (Act. No. LVI of 2009) (with effect from 18th December, 2007).",
"45 The existing provision of section 24 was numbered as sub-section (1) of that section by section 12 of the Jamuna Multipurpose Bridge Authority (Amendment) Act, 1998 (Act No. XXI of 1998).",
"46 Sub-sections (2) and (3) were added by section 12 of the Jamuna Multipurpose Bridge Authority (Amendment) Act, 1998 (Act No. XXI of 1998)."
],
"name": "Bangladesh Bridge Authority Ordinance, 1985",
"num_of_sections": 42,
"published_date": "4th July, 1985",
"related_act": [
442,
75,
428
],
"repelled": true,
"sections": [
{
"act_id": 688,
"details": "1. This Ordinance may be called the 2 Bangladesh Bridge Authority Ordinance, 1985.",
"name": "Short title",
"related_acts": "",
"section_id": 1
},
{
"act_id": 688,
"details": "2.\tIn this Ordinance, unless there is anything repugnant in the subject or context :- (a)\t“Authority” means the 3 Bangladesh Bridge Authority established under this Ordinance; 4(aa)\t“bridge” means a bridge having a length of one thousand five hundred meters or more on any river or water body established or being established by the Authority, and includes- (i)\ta multipurpose bridge, (ii)\tapproach roads of any such bridge, (iii)\tslope, berm, borrow-pits and side drains of the approach roads of any such bridge, (iv)\tall lands and embankments attached to any such bridge vested in the Authority for the purpose of the bridge, (v)\tall ghats, landing places, jetties, spurs and protective bunds in the river or water body within the area of any such bridge, (vi)\triver or water bed below the area of any such bridge; (b)\t“Chairman” means the Chairman of the Authority; (c)\t“Executive Director” means the Executive Director appointed under this Ordinance; (d)\t“Government Agency” means any Ministry, Division, Department or Organisation of the Government and includes a Corporation or other body or authority established by a law for the time being in force or set up by the Government; 5(dd) “maintenance”, in relation to a bridge or toll-road, includes maintenance of such facilities and establishments as may be necessary for the purpose of keeping the bridge or, as the case may be, the toll-road fit for use and for preserving and protecting it, and, in relation to a bridge, it also includes maintenance of river training works; 6(e) “multipurpose bridge” means a bridge established for more than one purpose; (f)\t“Member” means a member of the Authority; 7(g)\t“operation”, 8in relation to a bridge or toll-road, includes control of traffic and inspection of vehicles on such 9bridge or toll-road or within the restricted area, and activities connected therewith; (h) “prescribed” means prescribed by rules or regulations made under this Ordinance; 10(hh)\t“regulation” means a regulation made by the Authority under this Ordinance; i) “restricted area” means such area or areas in the vicinity of 11a bridge or toll-road, as the case may be, as the Authority may specify for the purposes of this Ordinance; 12(j) \"river training works\" means guide bunds, grounds, embankments, protected banks, filled areas and other works forming the protection system of a bridge, both upstream and downstream, and, in relation to any bridge on any river, includes the protection works thereof; (k)\t“rule” means a rule made by the Government under this Ordinance; (l)\t“toll-road” means a road, 13by-pass flyover, expressway, causeway or ring road constructed or being constructed by the Authority for the use of which toll shall be charged and collected from the users, and includes- (i)\tthe slope, berm, borrow-pits and side drains of any such road, (ii)\tall lands and embankments attached to any such road vested in the Authority for the purpose of the road, (iii)\taccess or link roads, if any, of any such road, (iv)\tall bridges and culverts built on or across any such road, (v)\tall fences, posts, structures and facilities on any such road or on any land attached to any such road and all road side trees on such land.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 688,
"details": "3.\tThe provisions of this Ordinance and the rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.",
"name": "Ordinance to override other laws, etc.",
"related_acts": "",
"section_id": 3
},
{
"act_id": 688,
"details": "4.\t(1) There shall be an Authority to be called the 14Bangladesh Bridge Authority for carrying out the purpose of this Ordinance. (2) The Authority shall be a body corporate, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and shall by the said name sue and be sued.",
"name": "Establishment of the Authority",
"related_acts": "",
"section_id": 4
},
{
"act_id": 688,
"details": "5.\t(1) The Head Office of the Authority shall be located in Dhaka. (2)\tThe Authority may establish offices at such other places as it may think fit.",
"name": "Head Office, etc",
"related_acts": "",
"section_id": 5
},
{
"act_id": 688,
"details": "156. The Authority shall consist of the following members, namely:- (a) \tMinister-in-charge of the Ministry or Division dealing with the Authority, who shall also be the Chairman of the Authority, ex-officio; (b) \tSecretary-in-charge of the Ministry or Division dealing with the Authority, who shall also be the Vice-Chairman of the Authority, ex-officio; (c) \tChief of General Staff, Bangladesh Army, ex-officio; (d) \tSecretary-in-charge of the Ministry or Division dealing with roads and railways, ex-officio; (e) \tSecretary-in-charge of the Ministry or Division dealing with police, ex-officio; (f)\tSecretary-in-charge of the Ministry or Division dealing with electricity and gas, ex-officio; (g) \tSecretary-in-charge of the Ministry or Division dealing with land, ex-officio; (h)\tSecretary-in-charge of the Ministry or Division dealing with water resources, ex-officio; (i)\tSecretary-in-charge of the Ministry or Division dealing with economic relations, ex-officio; (j)\tSecretary-in-charge of the Ministry or Division dealing with finance, ex-officio; (k)\tSecretary-in-charge of the Ministry or Division dealing with law, ex-officio; (l)\tMember, Planning Commission, dealing with physical infrastructure, ex-officio; (m)\tExecutive Director, who shall also be the Secretary to the Authority, ex-officio.",
"name": "Composition of the Authority",
"related_acts": "",
"section_id": 6
},
{
"act_id": 688,
"details": "166A. (1) There shall be two Advisers to the Authority who shall be nominated by the Government from amongst the members of Parliament. (2) An Adviser shall hold office for such period as the Government may determine from time to time. (3) An Adviser may resign his office by writing under his hand addressed to the Government 17: Provided that no resignation shall take effect until it is accepted by the Government.",
"name": "Adviser",
"related_acts": "",
"section_id": 7
},
{
"act_id": 688,
"details": "7. Subject to general direction, supervision and control of the Government, the functions of the Authority shall be to- 18(a) \tundertake a feasibility studies for the establishment of bridges or for the construction of toll-roads; (b)\t\tprepare comprehensive plans for the establishment of bridges or for the construction of toll-roads for the consideration and approval of the Government; (c) \ttake all necessary actions for the implementation of the plans approved by the Government under clause (b); (d) \tundertake steps to secure required fund both from external and internal sources for the implementation of such 19plans; 20(e)\tenter into agreements with various agencies or organisations, internal or external, for securing funds for the implementation of such plans; 21 22(f) \tcarry on administration, management, operation and maintenance of bridges and toll-roads established or constructed by it; 23(g) \ttake necessary steps to control, regulate or prohibit on, above or under any bridge or toll-road or in any part thereof, or in any restricted area of a bridge or toll-road, or in any part thereof, movement of any vehicles, men, animals or goods or carrying on any kind of activity or work, including construction, installation, repairing, or excavation work, which is prejudicial or likely to be prejudicial to the administration, management, operation, maintenance, preservation, safety and land use plan of such bridge or toll-road; (gg) provide for the control, regulation and safety of traffic and vehicles on any bridge or toll-road and for the prevention and removal of obstructions, encroachments and nuisances on or near any bridge or toll-road; (h) \tdo all necessary acts and things connected with the above functions and such other functions as may be advised by the Government for the purposes of this Ordinance.",
"name": "Functions of the Authority",
"related_acts": "",
"section_id": 8
},
{
"act_id": 688,
"details": "8. (1) The meetings of the Authority shall be held at such 24times and places and in such manner as may be prescribed: Provided that, until so prescribed, such meetings shall be held at such times and places as may be determined by the Chairman. (2) To constitute a quorum at a meeting of the Authority, not less than one-third of the total number of members shall be present: Provided that for calculating the requisite one-third of the number of members, fraction of one-third shall be ignored and fraction of two-thirds shall be rounded off into a whole number. (3) All meetings of the Authority shall be presided over by the Chairman and, in his absence, by the Co-Chairman; and in the absence of both the Chairman and the Co-Chairman, by the Vice-Chairman. (4) All matters at a meeting of the Authority shall be decided by the votes of the majority of the members present and voting. (5) At a meeting of the Authority, each member shall have one vote and, in the event of equality of votes, the person presiding shall have a second or casting vote. (6) No act or proceeding of the Authority shall be invalid or be called in question merely on the ground of any vacancy in, or any defect in the constitution of, the Authority.",
"name": "Meetings of the Authority",
"related_acts": "",
"section_id": 9
},
{
"act_id": 688,
"details": "9. (1) Any land required by the Authority for carrying out the purpose of this Ordinance shall be deemed to be needed for a public purpose and such land may be requisitioned or acquired according to the requirements of the Authority. (2) Whenever the Authority decides to lease or sell land acquired by it from any person, it shall offer to that person, or his heirs, executors or administrator, as the case may be, a prior right to take on lease or to purchase such land, at a rate to be fixed by the Authority. (3) If, in any case, two or more persons claim to exercise a right offered under sub-section (2), to take on lease or to purchase any land, the right shall be exercisable by the persons who agrees to pay the highest sum for the land, not being less than the rate fixed by the Authority under that sub-section to the exclusion of the others.",
"name": "Acquisition of land",
"related_acts": "",
"section_id": 10
},
{
"act_id": 688,
"details": "10. (1) Subject to the other provisions of this Ordinance and the rules made thereunder 25, the Authority may take such measures and exercise such powers as may be necessary for carrying out the purposes of this Ordinance. (2) Without prejudice to the generality of the foregoing powers, the Authority may- (a)\tcause studies, surveys, experiments and technical researches to be made or contribute towards the cost of any such studies, experiments or technical researches made by any other person at the request of the Authority; (b)\ttrain personnel for the purposes of the 26any bridge or toll-road; (c) \tundertake any work or incur any expenditure within the budget or special allotment of fund for the purposes of the 27any bridge or toll-road; (d)\tplace wires, poles, wall brackets, pipes, apparatus and appliances and erect pillars and construct bridge for transmission of electricity, gas, telephonic or telegraphic communications or movement of railways or road transport necessary for the 28establishment, construction, operation or maintenance of any bridge or toll-road; (e) \tseek and obtain advice and assistance for any purpose relating to the 29any bridge or toll-road from any local authority or Government agency and such local authority or Government agency shall give advice and assistance sought by the Authority to the best of its ability, knowledge and judgement and the expenditure, if any, involved in such advice or assistance shall be borne by the Authority 30; (f) \tallow, under written agreement or other suitable arrangement, any Government agency or other organisation or person to install, operate and maintain such establishment and facilities on 31any bridge or toll-road or in any part of the restricted area thereof as the Authority may consider necessary for public purpose; (g) \tcharge and collect fees and tolls for the use of 32any bridge or toll-road or any part of the restricted area thereof by any Government agency or other organisation or person or any specified class of them; (h) \tprohibit, for the purpose of maintenance of 33any bridge or toll-road or for such other purposes as the Authority may consider necessary, the use of the bridge or toll-road or any part thereof by all or any class of user for a specified period: Provided that where the Authority so prohibits, it shall notify all concerned in such manner as it may consider appropriate in the prevailing circumstances.",
"name": "General power of the Authority",
"related_acts": "",
"section_id": 11
},
{
"act_id": 688,
"details": "11. 34(1) No person shall, except with the previous permission of the Authority, clear or break any land or erect or remove any structure within or from 35any restricted area or such part thereof as the Authority may specify. (2) The Authority shall pay compensation to such persons as may be affected by the prohibition under sub-section (1) in such manner and at such rate as may be prescribed.",
"name": "Clearing and breaking of certain land prohibited",
"related_acts": "",
"section_id": 12
},
{
"act_id": 688,
"details": "12. (1) The Executive Director or any 36officer of the Authority or other person authorised by him in this behalf may, with or without assistants or workmen, enter into or upon any land or order to make any inspection, survey, experiment or enquiry or to erect pillars, make boring and excavation or to do any other act which may be necessary for the purpose of the Ordinance: Provided that no such entry shall be made without giving the owner or the occupier of the land at least three days previous notice of the intention to make such entry. (2) The Authority shall pay compensation for the damage, if any, caused to the land on account of any action under sub-section (1) at such rate and in such manner as may be prescribed.",
"name": "Power to entry",
"related_acts": "",
"section_id": 13
},
{
"act_id": 688,
"details": "13. (1) There shall be an Executive Director of the Authority who shall be appointed by the Government on such terms and conditions as may be determined by it or as may be prescribed. (2) The Executive Director shall be a whole time officer and the chief executive of the Authority. (3) Subject to the provisions of this Ordinance, the Executive Director shall manage the business and fund of the Authority and shall be responsible for the proper execution of the decisions of the Authority. (4) The Executive Director shall perform such other functions as may be assigned by the Authority or as may be prescribed. (5) If a vacancy occurs in the office of the Executive Director or if the Executive Director is unable to discharge the functions of his office on account of absence, illness or any other cause, the Authority shall make such arrangement for discharging the functions of the Executive Director as it may consider expedient.",
"name": "Executive Director",
"related_acts": "",
"section_id": 14
},
{
"act_id": 688,
"details": "14. (1) The Authority shall, subject to such general and special instruction as the Government may give from time to time, appoint such officers, advisers, experts, consultants or other employees as it may consider necessary for the performance of its functions on such terms and conditions as may be determined or as may be prescribed. (2) Where the service of a person in the service of the Republic or of a local authority is considered necessary for the purpose of establishment 37or construction of any bridge or toll-road, it shall be lawful for the Government or, as the case may be, local authority to depute, upon a requisition from the Authority, that person to the Authority. (3) A person deputed under sub-section (2) shall serve the Authority on such terms and conditions as may be determined by the Government or, as the case may be, local Authority.",
"name": "Appointment of officers, etc",
"related_acts": "",
"section_id": 15
},
{
"act_id": 688,
"details": "15. The Authority may, with the previous approval of the Government, borrow money for carrying out the purposes of this Ordinance and for securing any loan obtained by it.",
"name": "Power to borrow",
"related_acts": "",
"section_id": 16
},
{
"act_id": 688,
"details": "16. (1) There shall be a fund to be called the 38Bangladesh Bridge Authority Fund which shall be utilised by the Authority to meet the charges in connection with its functions under this Ordinance. 2) To the credit of the 39Bangladesh Bridge Authority Fund shall be placed- (a)\tgrants made by the Government; (b)\tloans obtained from the Government; (c)\tgrants made by the local authorities; (d)\tloans raised by the Authority from inside Bangladesh; (e)\tforeign aid and loans obtained with the approval of the Government; (f)\tsale proceeds of bonds issued by the Authority; (ff) \ttolls and fees collected by the Authority; (g)\tall other sums received by the Authority. (3) The funds of the Authority shall be kept in such scheduled bank or banks as it may deem fit.",
"name": "Authority Fund",
"related_acts": "",
"section_id": 17
},
{
"act_id": 688,
"details": "17. The Authority shall, by such date as the Government may fix, submit to the Government for its approval a budget for each financial year showing the estimated receipts and expenditure during that year and the sum which are likely to be required from the Government for that financial year.",
"name": "Budget",
"related_acts": "",
"section_id": 18
},
{
"act_id": 688,
"details": "18. (1) The Authority shall maintain its accounts in such manner and form as the Government may prescribe. (2) The accounts of the Authority shall be audited by not less than two auditors, being chartered accountants within the meaning of the Bangladesh Chartered Accountants Order, 1973 (P.O. No. 2 of 1973), who shall be appointed by the Authority with the approval of the Government. (3) Every auditor appointed under sub-section (2) shall be given a copy of the accounts of the Authority together with the accounts books and vouchers relating thereto for examination and shall at all reasonable times have access to all records, books, documents, cash, sureties, stores and other property of the Authority, and may in connection with such accounts examine the Chairman, any member, officer or employee of the Authority. 40(4) The auditors shall complete the audit within six months of the expiry of the financial year in respect of which the audit is made and shall, within three months send to the Authority the audit report with a copy thereof to the Government. (5) The accounts of the Authority shall also be audited by the Comptroller and Auditor-General of Bangladesh, hereinafter in this section referred to as the Auditor-General, in such manner as he deems fit. (6) For the purpose of an Audit under sub-section (5), the Auditor-General or any person authorised by him in this behalf shall have access to all records, books, documents, cash, securities, stores and other property of the Authority and may examine the Chairman, any member or any officer or employee of the Authority. (7) The Auditor-General shall, as soon as possible after completion of the audit, send to the Authority his audit report with a copy thereof to the Government.",
"name": "Audit and Accounts",
"related_acts": "442",
"section_id": 19
},
{
"act_id": 688,
"details": "19. (1) The Authority shall submit a half-yearly report to the Government on the conduct of its affairs. (2) The Government may require the Authority to furnish any return, statement, estimate, statistics or other information regarding any matter under the control of the Authority and the Authority shall comply with every such requisition.",
"name": "Submission of reports and returns",
"related_acts": "",
"section_id": 20
},
{
"act_id": 688,
"details": "20. The Authority may appoint such committees as may be necessary to discharge such functions as may be assigned to them by the Authority or to assist the Executive Director in the performance of his functions.",
"name": "Committee",
"related_acts": "",
"section_id": 21
},
{
"act_id": 688,
"details": "20B. If the Authority is of opinion that any bridge or toll-road, or any specified part thereof, can not be used without danger to the users or the public, or is no longer in a fit state for the carriage of any specified class of traffic, it may, by notice in writing displayed prominently in or near such bridge or toll-road, order that the bridge or toll-road, or any specified part thereof, shall be closed to the users or the public or to all traffic or to any specified class of traffic",
"name": "Closure of bridges or toll-roads",
"related_acts": "",
"section_id": 22
},
{
"act_id": 688,
"details": ". 20C. The Authority may take such measures, including causing use of force, as may be necessary for the prevention of any encroachments or obstructions, movable or immovable, or any nuisance on, over, under or near any bridge or toll-road or in any part thereof, or for removal of the same therefrom.",
"name": "Prevention of encroachments, etc.",
"related_acts": "",
"section_id": 23
},
{
"act_id": 688,
"details": "20D. Any police officer or any officer of the Authority authorised by it in this behalf, either by general or by special order, may halt, inspect and search any vehicle on or near any bridge or toll-road, or may examine and search any person driving, travelling in or in charge of such vehicle, if there is reason to believe that any provisions of this Ordinance, or of any rules or regulations, or of any orders or directions made or given by the Authority thereunder, have been contravened in respect of such vehicle or by such person.",
"name": "Halt, etc.",
"related_acts": "",
"section_id": 24
},
{
"act_id": 688,
"details": "4120A. (1) There shall be established two police stations-one for the eastern part of the Bangabandhu Bridge on Jamuna river, including the restricted area thereof, in the district of Tangail and the other for the western part of the said Bridge including the restricted area thereof, in the district of Sirajganj. (2) The Government may, if deemed necessary for proper administration, by notification in the official Gazette, add any other areas to the said police stations. (3) The areas of the said police stations, including the areas added to them under sub-section (2), shall stand excluded from the areas of the police stations to which they were included immediately before their forming the police-stations or addition thereto, as the case may be; and the relevant notifications or orders relating to the areas of the old police station shall also stand amended accordingly. (4) The officer-in-charge of each such police station shall be a police officer not below the rank of an Inspector of Police. (5) The expenditure in respect of the police stations shall be borne by the Authority. (6) In discharging their duties in respect of any matter under this Ordinance or under any rules or regulations, or, under any orders or directions made or given by the Authority thereunder, the police officers of these police stations shall be under the supervision and control of the Authority and accountable to it. (7) The Government may, if deemed necessary, establish similar police stations for any other bridges or for any toll-roads, and where any such police station is established the provisions of sub-sections (3), (4), (5) and (6) shall, mutatis mutandis, apply.",
"name": "Establishment of Police Stations",
"related_acts": "",
"section_id": 25
},
{
"act_id": 688,
"details": "20E. If any vehicle without any lawful excuse is found on any bridge or toll-road parking, stopping, moving or plying in contravention of any provisions of this Ordinance, or of any rules or regulations, or of any orders or directions made or given by the Authority thereunder, or carrying any passenger or goods in contravention thereof, the vehicle, and the goods where applicable, may be forfeited to the Authority in such manner as may be prescribed by regulation.",
"name": "Forfeiture",
"related_acts": "",
"section_id": 26
},
{
"act_id": 688,
"details": "20G. Any rules or regulations may provide that a contravention or breach thereof, or a disobedience of any orders or directions made or given by the Authority thereunder, shall be punishable, where no penalty has been specified therefore in this Ordinance, with fine which may extend to five thousand taka, and, in the case of a continuing contravention or breach or disobedience, with a further fine which may extend to five hundred taka for every day after the first during which the offence continues to be committed.",
"name": "Penalty for contravention of rules and regulations",
"related_acts": "",
"section_id": 27
},
{
"act_id": 688,
"details": "20K. (1) No Court shall take cognizance of an offence punishable under this Ordinance or the rules or regulations except on a report in writing made by a police officer not below the rank of a Sub-Inspector or Sergeant or by an officer of the Authority authorised by it in this behalf, either by general or by special order. (2) An offence punishable under this Ordinance or the rules or regulations shall be tried in a summary way following the procedure laid down in Chapter XXII of the Code of Criminal Procedure, 1898 (V of 1898).",
"name": "Cognizance and trial",
"related_acts": "75",
"section_id": 28
},
{
"act_id": 688,
"details": "20P. Nothing in this Ordinance or in the rules or regulations shall prevent any person from being prosecuted under any other law for any offence punishable under this Ordinance or under the rules or regulations: Provided that no person shall be punished twice for the same offence.",
"name": "Savings of prosecution under other laws",
"related_acts": "",
"section_id": 29
},
{
"act_id": 688,
"details": "20F. Whoever without lawful excuse wilfully- (a) \tobstructs traffic on any bridge or toll-road; (b) \tinjures, damages or destroys any boundary or demarcation line, wall or fence or any mark, sign or symbol, made or displayed for the purpose of setting out the line or route of traffic on any bridge or toll-road or safety of vehicles or passengers thereon, or preserving it; (c) \tremoves, destroys, defaces or otherwise obliterates any notice or document put up or exhibited by the Authority on or near any bridge or toll-road, shall be punishable with fine which may extend to two thousand taka.",
"name": "Penalty for unlawful obstructions, etc.",
"related_acts": "",
"section_id": 30
},
{
"act_id": 688,
"details": "20H. (1) Any police officer, or any officer of the Authority authorised by it in this behalf, either by general or by special order, may arrest without warrant any person committing on any bridge or toll-road within his view an offence under section 20F or a breach or contravention of any provisions of any rules or regulations, or of any orders or directions made or given by the Authority thereunder, and such arrested person shall be punishable with fine which may extend to one thousand taka or more: Provided that if a mere removal of the said person from the bridge or toll-road, as the case may be, is considered enough and no further action is deemed necessary in the circumstances of the case, the person may be removed therefrom without arresting him using such force as may be necessary to effect the removal. (2) The person arrested under sub-section (1) shall be released, if he has given his name and address on demand and there is reason to believe that the name and address given by him are correct, 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 arrested under sub-section (1) can not be released under sub-section (2), he shall, forthwith be forwarded to the nearest Magistrate having jurisdiction, or to the nearest police-station, to be dealt with in accordance with law. (4) The provisions of Chapter XLII of the Code of Criminal Procedure, 1898 (V of 1898) shall, so far as may be, apply to bond executed under this section.",
"name": "Removal or arrest without warrant",
"related_acts": "75",
"section_id": 31
},
{
"act_id": 688,
"details": "20I. (1) Any Court taking cognizance of an offence punishable under this Ordinance or the rules or regulations shall state in the summons to be served on the accused person that he may- (a)\tappear by an advocate and need not attend in person, (b)\tby a date specified in the summons, admit that he has committed the offence complained of by a registered letter sent to the Court or by a petition submitted to it, and remit to the Court or pay in it such sum, not exceeding one-fifth of the maximum amount of fine specified for such offence, as may be mentioned by the Court in the summons. (2) Where the accused person admits that he has committed the offence complained of, and remits or pays the sum mentioned in the summons, no further proceedings in respect of the offence shall be taken against him. (3) Where the accused person does not admit that he has committed the offence and does not remit or pay the sum mentioned in the summons within the time specified therein, further proceedings in respect of the offence shall continue against him.",
"name": "Special procedure for disposal of cases before trial",
"related_acts": "",
"section_id": 32
},
{
"act_id": 688,
"details": "20J. (1) Notwithstanding anything contained elsewhere in this Ordinance, where any police-officer not below the rank of a Sub-Inspector or Sergeant, or any officer of the Authority authorised by it in this behalf, either by general or by special order, finds that a person is committing, or has committed, within his view on any bridge or toll-road, or in any restricted area thereof, an offence punishable under any rules or regulations with fine not extending to one thousand taka, he may fine him on the spot, the amount of which shall not exceed one-fifth of the maximum amount of fine specified for the offence. (2) Before any fine is imposed under sub-section (1), the accused shall be served with a notice in the form prescribed by regulations, by handing it over to him, specifying- (a)\tthe offence committed by him, (b)\tthe amount of fine which he is to pay, (c)\tthe manner in which and the time within which the fine is to be paid, and directing him to say whether he admits that he has committed the offence and agrees to pay the fine specified therein. (3) Where the accused person admits that he has committed the offence, and agrees to pay the fine, specified in the said notice, it shall be noted on the body of the notice and signed by him, whereupon no prosecution in respect of the offence shall be initiated against him. (4) Where the accused person fails to pay the fine agreed as aforesaid in the manner and within the time specified in the said notice, it shall be recovered from him as a public demand. (5) Where the accused person does not admit that he has committed the offence and does not agree to pay the fine specified in the said notice, he may be prosecuted for the offence before the Court.",
"name": "Power of police-officers or officers of the Authority to impose fine on the spot",
"related_acts": "",
"section_id": 33
},
{
"act_id": 688,
"details": "20L. (1) Notwithstanding anything contained elsewhere in this Ordinance, the Authority may, if it deems it expedient in the public interest so to do, form, with the prior approval of the Government, one or more companies, with such share capital as it may determine, for the purpose of transferring to them the ownership, administration, management, operation and maintenance of any bridge or toll-road, or both, after the completion thereof. (2) The Authority may own and hold all or any number of shares of any such company, but initially it shall hold all the shares thereof. (3) The Authority may, with the prior approval of the Government, transfer to the public or to any organisation or institution all or any number of shares of any such company owned and held by it.",
"name": "Formation of companies for transfer of bridges and toll-roads to them",
"related_acts": "",
"section_id": 34
},
{
"act_id": 688,
"details": "20M. (1) Where any company is formed under section 20L for any bridge or toll-road, the Authority shall transfer its ownership, right, title, interest, power and possession, together with its obligations, debts and liabilities, in respect of such bridge or toll-road, as the case may be, to the company in such manner, and on such terms and conditions, and for such consideration, as may be agreed upon between the Authority and the company. (2) Upon the transfer as aforesaid, the said company shall carry on the administration, management, operation and maintenance of the bridge or toll-road, as the case may be, so transferred in an efficient and business like manner keeping in view the investments made, costs incurred, purpose for which it is established or constructed and the interest of the public. (3) Notwithstanding the transfer of any bridge or toll-road under sub-section (1), the provisions of this Ordinance and the rules and regulations shall continue to apply to such bridge or toll-road, as the case may be, and the said company shall exercise all rights and powers of the Authority regarding the administration, management, operation and maintenance of such bridge or toll-road, as the case may be, under this Ordinance and the rules and regulations, including the power to make or give orders or directions in respect thereof under any regulations, as if it were the Authority.",
"name": "Transfer of ownership, etc. of bridges and toll-roads",
"related_acts": "",
"section_id": 35
},
{
"act_id": 688,
"details": "20N. (1) The Authority may, if it deems it fit so to do, lease out any bridge or toll-road to any person for such period, and on such terms and conditions, as may be determined by it for the purpose of administration, management, operation and maintenance of such bridge or toll-road, as the case may be. (2) The Authority shall select the lessees through open tenders invited in such manner as may be prescribed by regulations. (3) The instrument of lease under this section shall provide for termination of the lease, and for compensation, in case of failure on the part of the lessee to fulfil the terms and conditions of the lease. (4) A lessee shall have all the powers and rights of the Authority in respect of administration, management, operation and maintenance of the bridge or toll-road, as the case may be, leased out to him, and he shall exercise those powers and rights under this Ordinance and the rules and regulations. (5) All arrear payments due from the lessee to the Authority shall be recoverable as public demand.",
"name": "Lease of bridges and toll-roads",
"related_acts": "",
"section_id": 36
},
{
"act_id": 688,
"details": "20 O. (1) The Authority may, if it deems it expedient in the interest of better administration, management, operation and maintenance of any bridge or toll-road so to do, appoint, on contract in writing, any person as its agent for the administration, management, operation and maintenance of such bridge or toll-road, as the case may be. (2) The instrument of contract under this section shall provide for termination of the appointment of the agent for his inefficiency, misconduct or corruption or for his negligence or failure to discharge his duties to the satisfaction of the Authority. (3) The agent shall discharge his duties under the supervision and control of the Authority and shall be responsible to the Authority for all his activities as its agent. (4) Notwithstanding anything contained elsewhere in this Ordinance, the Authority may authorise the Agent or any officer employed by it to exercise any functions under sections 20D, 20H, 20J and 20K as if he were an officer of the Authority.",
"name": "Management, etc. of bridges and toll-roads through agents",
"related_acts": "",
"section_id": 37
},
{
"act_id": 688,
"details": "21. The Authority may, by notified orders, direct that any power or duty, conferred or imposed by this Ordinance upon the Authority shall, in such circumstances and under such conditions, if any, as may be specified in the order, be exercised or discharged also by the Chairman or a member, or by the Executive Director or any other officer of the Authority.",
"name": "Delegations of powers",
"related_acts": "",
"section_id": 38
},
{
"act_id": 688,
"details": "4221A. The provisions of sections 23 and 23A of the Insurance Corporations Act, 1973 (VI of 1973) shall not apply to an insurance relating to any work which is necessary for the establishment or construction of any bridge or toll-road.",
"name": "Sections 23 and 23A of Act VI of 1973 not to apply",
"related_acts": "428",
"section_id": 39
},
{
"act_id": 688,
"details": "22. No suit, prosecution or other legal 43proceedings shall lie against the Authority, the Chairman, any member, Executive Director or any other officer, consultant or 44 employee of the Authority for anything done or intended to be done in good faith under this Ordinance.",
"name": "Indemnity",
"related_acts": "",
"section_id": 40
},
{
"act_id": 688,
"details": "23. The Government may, by notification in the official Gazette, make rules for carrying out the purpose of this Ordinance.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 41
},
{
"act_id": 688,
"details": "24. 45(1) The Authority may make regulations, not in consistent with the provisions of this Ordinance and the rules made thereunder, to provide for all matters not required to be provided for by rules and for which provisions is necessary or expedient for carrying out the purpose of this Ordinance. 46(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, and all matters incidental, consequential and supplementary thereto, namely:- (a) \tregulation and control of vehicles and traffic on or near any bridge or toll-road for the purpose of preventing danger to, and ensuring safety and convenience of, the vehicles, traffic and the public; (b) \tregulation of the use of any bridge or toll-road, code of traffic signal, and hour of lighting; (c) \tprovision of safety of traffic on any bridge or toll-road; (d) \tprohibition or regulation of the use of any bridge or toll-road for any purpose other than the purpose for which it is established or constructed; (e)\tprohibition or regulation of the use of any bridge or toll-road by persons walking, riding, cycling, or leading or accompanying cattle, so as to prevent danger or obstruction to, or inconvenience of, the traffic and the public; (f) \tprohibition or regulation of movement of animals, goods, heavy machinery, dangerous materials or explosives or any specified type of vehicle on any bridge or toll-road; (g)\tfixation of maximum length, height, width, axle load, weight or carrying capacity of any vehicle, including train, permitted to use any bridge or toll-road, number of vehicles that may be allowed thereon at a time, and the maximum and minimum limit of speed of any type of vehicle, including train, moving on the same; (h)\tprohibition or regulation of parking any vehicle, or storing of any goods on or near any bridge or toll-road; (i)\tinspection, search, seizure, removal or forfeiture of any vehicle or goods found on or near any bridge or toll-road in violation of any regulation or any order or direction made or given by the Authority thereunder; (j) \tsearch, examination or removal of any person found walking, loitering or driving any vehicle or cattle, or causing any nuisance, on or near any bridge or toll-road in violation of any regulation, or any order or direction made or given by the Authority thereunder; (k)\tdefinition, prevention and removal of nuisances on or near any bridge or toll-road; (l)\tprevention and removal of obstruction or encroachment on or near any bridge or toll-road; (m)\tstopping unauthorised work, and demolition of unauthorised construction or installation, on or near any bridge or toll-road; (n)\ttemporary closing of any bridge or toll-road, or any part thereof, for repairs or other maintenance work, or for any construction installation or maintenance work being done by any Government agency in respect of any establishment owned or operated by such agency or for any other public purpose; (o)\tregulation of any kind of construction, installation or excavation work for any purpose whatsoever on or near any bridge or toll-road or in any restricted area thereof; (p)\tprohibition or regulation of any stall, shed, shop, market, bazar or vending, or any trading, commercial or industrial activity on or near any bridge or toll-road; (q)\tregulation and control of river traffic, anchoring or fastening of vessels, and loading and unloading of passengers and cargo in the river or water body, or embankments thereof within the area of any bridge; (r)\tadministration, operation, maintenance and preservation of any bridge or toll-road; (s)\tcharge of tolls and fees on the users of any bridge or toll-road, or of any facility attached thereto, and collection thereof; (t)\tpenalty for contravention or disobedience of any regulation or any order or direction made or given by the Authority thereunder. (3) All regulations shall be notified in the official Gazette and copies thereof shall be kept available at all offices of the Authority for inspection and sale.",
"name": "Power to make regulations",
"related_acts": "",
"section_id": 42
}
],
"text": "An Ordinance to provide for the establishment of the 1Bangladesh Bridge Authority. WHEREAS it is expedient to provide for the establishment of the Bangladesh Bridge Authority and for matters connected therewith NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 689,
"lower_text": [
"1 The word “international” was substituted for the word “foreign” by section 2 of the Bangladesh Standards and Testing Institutes (Amendment) Act, 2003 (Act No. XXVII of 2003).",
"2 The words and figure “Section 25 and includes any officer of the Institute authorised by the Director General to act as Inspector” were substituted for the word and figure “Section 25” by section 2 of the Bangladesh Standards and Testing Institutes (Amendment) Act, 2003 (Act No. XXVII of 2003).",
"3 Clause (jj) was inserted by section 2 of the Bangladesh Standards and Testing Institutes (Amendment) Act, 2003 (Act No. XXVII of 2003).",
"4 The word “and” was omitted and thereafter the clause (qq) was inserted by section 3 of the Bangladesh Standards and Testing Institutes (Amendment) Act, 2003 (Act No. XXVII of 2003",
"5 Sub-section (1) was substituted by section 4 of the Bangladesh Standards and Testing Institutes (Amendment) Act, 2003 (Act No. XXVII of 2003).",
"6 Sub-section (4) was substituted by section 5 of the Bangladesh Standards and Testing Institutes (Amendment) Act, 2003 (Act No. XXVII of 2003)",
"7 The words and commas “, distribution, etc.” were substituted for the words “and distribution” by section 6 of the Bangladesh Standards and Testing Institutes (Amendment) Act, 2003 (Act No. XXVII of 2003).",
"8 The comma and words “, distribution and commercial advertisement” were substituted for the words “and distribution” by section 6 of the Bangladesh Standards and Testing Institutes (Amendment) Act, 2003 (Act No. XXVII of 2003).",
"9 Clause (bb) was inserted by section 7 of the Bangladesh Standards and Testing Institutes (Amendment) Act, 2003 (Act No. XXVII of 2003).",
"10 The words and comma “two years, or with fine which may extend to fifty thousand Taka but shall not be less than seven thousand Taka” were substituted for the words and comma “six months, or with fine which may extend to fifteen thousand taka” by section 8 of the Bangladesh Standards and Testing Institutes (Amendment) Act, 2003 (Act No. XXVII of 2003).",
"11 The words and comma “four years, or with fine which may extend to one lakh taka but shall not be less than seven thousand taka” were substituted for the words and comma “one year, or with fine” by section 9 of the Bangladesh Standards and Testing Institutes (Amendment) Act, 2003 (Act No. XXVII of 2003).",
"12 Sections 31A and 31B were inserted by section 10 of the Bangladesh Standards and Testing Institutes (Amendment) Act, 2003 (Act No. XXVII of 2003).",
"13 The words “which may extend to fifty thousand taka but shall not be less than seven thousand taka” were substituted for the words “which may extend to five thousand taka” by section 11 of the Bangladesh Standards and Testing Institutes (Amendment) Act, 2003 (Act No. XXVII of 2003).",
"14 Section 33 was substituted by section 12 of the Bangladesh Standards and Testing Institutes (Amendment) Act, 2003 (Act No. XXVII of 2003).",
"15 Sections 33A, 33B, 33C and 33D were inserted by section 13 of the Bangladesh Standards and Testing Institutes (Amendment) Act, 2003 (Act No. XXVII of 2003).",
"16 The words, figures, brackets and commas “the Agricultural Produce (Grading and Marketing) Act, 1937 (I of 1937), or” were omitted by section 14 of the Bangladesh Standards and Testing Institutes (Amendment) Act, 2003 (Act No. XXVII of 2003).",
"17 Section 36 was substituted by section 2 of the Bangladesh Standard and Testing Institution (Amendment) Act, 1988 (Act No. XIX of 1988).",
"18 Section 36A was inserted by section 15 of the Bangladesh Standards and Testing Institutes (Amendment) Act, 2003 (Act No. XXVII of 2003)."
],
"name": "The Bangladesh Standards and Testing Institution Ordinance, 1985",
"num_of_sections": 45,
"published_date": "25th July, 1985",
"related_act": [
354,
75,
689,
377,
188
],
"repelled": true,
"sections": [
{
"act_id": 689,
"details": "1.\tThis Ordinance may be called the Bangladesh Standards and Testing Institution Ordinance, 1985.",
"name": "Short title",
"related_acts": "689",
"section_id": 1
},
{
"act_id": 689,
"details": "2.\t(1) In this Ordinance, unless there is anything repugnant in the subject or context,- (a) \t“article” means any substance, artificial or natural, or partly artificial or partly natural, whether raw or partly or wholly processed or manufactured; (b) “Bangladesh Standard” means the national standard of Bangladesh established and published by the Institution, in relation to any article or process, indicative of the quality and specification of such article or process, and includes- (i) any provisional standard, or (ii)\tany 1international standard adopted by the Institution; (c) “calibration” means quantitative determination of the errors of a measuring device and, where necessary, adjusting of these errors to a minimum; (d) \t“Chairman” means the Chairman of the Council; (e) \t“Council” means the Council of the Institution constituted under section 7; (f) \t“covering” includes any stopper, cask bottle, vessel, box, crate, cover, capsule, case, frame, wrapper or other container; (g)\t“Director General” means Director General of the Institution; (h) \t“Inspector” means an Inspector appointed under 2Section 25 and includes any officer of the Institute authorised by the Director General to act as Inspector; (i) \t“grading” means classification of a material in conformity with a set standard; (j) \t“Institution” means the Bangladesh Standards and Testing Institution established under section 3; 3(jj) \t“label” means the display of written, printed or graphic matter on any product, its container, tag or literature of the product or other suitable material affixed thereto for the purpose of giving information as to the identity, components, ingredients, attributes, direction for use, specifications (including weights or quantity), date of manufacturing or expiry; (k) \t“licence” means a licence granted under section 20 to use the Standard Mark in relation to any article or process which conforms to the Bangladesh Standard; (l) \t“mark” includes a device, brand, heading, label, ticket, pictorial representation, name, signature, word, letter or numeral or any combination thereof; (m)\t“prescribed” means prescribed by regulations made under section 37; (n)\t“process” includes any practice, treatment and mode of manufacture of any article; (o)\t“registering authority” means any authority competent under any law for the time being in force to register any company, firm, or other body of persons, or any trade mark or design, or to grant a patent; (p)\t“simplification” means reduction of unnecessary sizes and varieties of a material; (q)\t“specification” means a description of an article or process as far as practicable by reference to its nature, quality, strength, purity, composition, quantity, dimensions, weight, grade, durability, origin, age, material, mode of manufacture or other characteristics to distinguish it from any other article or process; (r)\t“Standard Mark” means the Bangladesh Standards and Testing Institution Certification Mark specified by the Institution to represent a particular Bangladesh Standard; (s) \t“Standardisation” means setting up of standards; (t) \t“test report” means certificate of test in respect of quality or grade of a material; (u) \t“trade mark” means a mark used, or proposed to be used, in relation to goods for the purpose of indicating, or so as to indicate, a connection in the course of trade between the goods and some persons having the right, either as proprietor or as registered user, to use the mark whether with or without any indication of the identity of that person. (2)\tAn article is said to be marked with a Standard Mark if the article itself is marked with Standard Mark, or any covering containing, or label attached to, such article is so marked.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 689,
"details": "3.\t(1) As soon as may be after the commencement of this Ordinance, the Government shall, by notification in the official Gazette, establish an Institution to be called the Bangladesh Standards and Testing Institution for carrying out the purposes of this Ordinance. (2)\tThe Institution shall be a body corporate having perpetual succession and a common seal with power, among others, to acquire, hold, manage and dispose of property, both movable and immovable, and shall by the said name sue and be sued.",
"name": "Establishment and incorporation of the Institution",
"related_acts": "",
"section_id": 3
},
{
"act_id": 689,
"details": "4.\t(1) The Head Office of the Institution shall be at Dhaka. (2) The Institution may establish offices and branches at such other places as it may think fit.",
"name": "Head Office, etc.",
"related_acts": "",
"section_id": 4
},
{
"act_id": 689,
"details": "5.\tThe functions of the Institution shall be- (a)\tto set up Bangladesh Standards of quality and dimensions and prepare and promote the general adoption of standards on national and international basis relating to materials, commodities, structures, practices and operations and, from time to time, withdraw, revise, alter and amend the same; (b)\tto consider and recommend to the Government Bangladesh Standards for the measurement of length, weight, mass, volume and energy; (c)\tto promote standardisation, quality control, metrology and simplification in industry and commerce; (d)\tto secure compliance with the Bangladesh Standards adopted by the Institution by the producers and users; (e)\tto implement Bangladesh Standards through the administration of a national certification mark scheme or inspection of goods or both; (f)\tto provide or arrange facilities for examination, testing and inspection of commodities, processes and practices for any investigation, research, or promotion of export that may be necessary and to issue test reports; (g)\tto certify the quality of commodities, materials, produces, products and other things including food materials, whether for local consumption, export or import; (h)\tto co-ordinate the efforts of producers and users for the improvement of materials, products, code of practice, appliances, processes and methods, so as to eliminate the national waste of material and time involved in the production of an unnecessary variety of patterns and sizes of articles for one and the same purpose; (i) \tto establish and publish, in such manner as may be prescribed, the Bangladesh Standard Specifications in relation to any article or process or code of practice; (j)\tto recognise, adopt or endorse as a Bangladesh Standard, in such manner as may be prescribed, any standard established by any other Institution in Bangladesh or in any foreign country, or by international organisations in relation to any article or process; (k)\tto specify a Standard Mark to be called the Bangladesh Standards and Testing Institution Certification Mark which shall be of such design and contain such particulars as may be prescribed to represent a particular Bangladesh Standard; (l)\tto grant, renew, reject, suspend or cancel, in such manner as may be prescribed, a licence for the use of Standard Mark; (m)\tto make such inspection and take such samples of any material or substance as may be necessary to see whether any article or process in relation to which the Standard Mark has been used or proposed to be used conforms to the Bangladesh Standard or whether the Standard Mark has been improperly used in relation to any article or process with or without licence; (n)\tto utilise, with the permission of the owners, the services of laboratories other than those maintained by the Institution and approve such laboratories for the purpose of the Institution; (o)\tto make arrangements, or provide for the facilities, for the testing and calibration of precision instruments, gauges, and scientific apparatus and for the issue of certificates in regard thereto so as to make them comply with the required standards; (p)\tto undertake execution of any trust or any agency business which it may consider conducive to the attainment of its objectives; (q)\tto co-operate with any person, association or organisation outside Bangladesh having objectives similar to those for which the Institution is established; 4 * * * (qq) to grade and mark agricultural produce in a manner provided in the Agricultural Produce Grading and Marking Act, 1937 (Act No. I of 1937) and the rules framed thereunder for the purposes of export; and (r)\tto do all such acts and things ancillary or incidental to any of the aforesaid functions.",
"name": "The functions of the Institution",
"related_acts": "",
"section_id": 5
},
{
"act_id": 689,
"details": "6.\t(1) The general direction and administration of the affairs and functions of the Institution shall vest in a Council which may exercise all powers and perform all functions which may be exercised or performed by the Institution. (2) The Council shall, in discharging its duties, be guided by such instructions as may be given to it by the Government from time to time.",
"name": "General direction of the affairs and functions of the Institution",
"related_acts": "",
"section_id": 6
},
{
"act_id": 689,
"details": "7. 5(1) The council shall consist of the following members, namely:- (a)\tthe Minister-in-charge of Ministry of Industries, ex-officio, who shall also be the Chairman of the Council; (b)\tthe State Minister, Ministry of Industries, ex-officio, who shall also be the Vice-Chairman of the Council; (c)\tthe Secretary, Ministry of Industries, ex-officio, who shall also be the Vice-Chairman of the Council; (d)\tthe Inspector General of Police, ex-officio; (e)\tPrincipal Information Officer, Department of Press Information, ex-officio; (f)\tthe Chief Controller of Imports and Exports, ex-officio; (g)\tthe Director General, Bangladesh Television, ex-officio; (h)\tthe Director General, Bangladesh Betar, ex-officio; (i)\tone member, not below the rank of Joint Secretary, each to represent the Ministries and Divisions specified in Part-I of the Schedule to the nominated by the respective Ministries and Divisions; (j)\tthe President or the Chairman of the organisations specified in Part-II of the Schedule; (k)\tthe chief executive of the bodies specified in Part-III of the Schedule; (l)\tthe Director General, ex-officio, who shall also act as the Secretary of the Council. (2)\tA member other than an ex-officio member shall hold office for a term of three years from the date of his nomination: Provided that where a person is nominated to be a member by reason of his holding an office or appointment he shall cease to be such member when he ceases to hold that office or appointment. (3)\tA person nominated to be a member may, at any time, resign his office by writing under his hand addressed to the Chairman: Provided that no resignation shall take effect until it has been accepted by the Chairman. (4) No act or proceedings of the Council shall be invalid merely on the ground of the existence of any vacancy in, or any defect in the constitution of, the Council.",
"name": "Composition of the Council",
"related_acts": "",
"section_id": 7
},
{
"act_id": 689,
"details": "8.\t(1) The meetings of the Council shall be held at such times and places as may be prescribed: Provided that until so prescribed such meetings shall be held at such times and places as may be determined by the Chairman. (2) To constitute a quorum at a meeting of the Council, not less than eight members shall be present. (3) All questions at a meeting of the Council shall be decided by a majority of the members present and voting, and, in case of equality of votes, the person presiding shall have a second or casting vote. 6(4) All meetings of the Council shall be presided over by the Chairman or, in his absence, by the first Vice-Chairman or, in the absence of Chairman and first Vice-Chairman, the second Vice-Chairman or, in the absence of all, by a member elected for that purposed by the members present.",
"name": "Meetings of the Council",
"related_acts": "",
"section_id": 8
},
{
"act_id": 689,
"details": "9. (1) The Council may appoint such Committee or Committees as it thinks fit to assist it in the discharge of its functions. (2) Each Committee shall be headed by a Chairman and shall consist of such members as may be determined by the Council. (3) The Chairman and members of a Committee shall hold office for such period as may be determined by the Council.",
"name": "Appointment of Committees",
"related_acts": "",
"section_id": 9
},
{
"act_id": 689,
"details": "10. (1) The Council or any Committee appointed under section 9 may associate with itself any person whose assistance or advice it may desire for carrying out any of its functions. (2) Any person associated with the Council or any Committee appointed under section 9 shall have a right to take part in the discussion at a meeting of the Council or of the Committee, as the case may be, but shall not have a right to vote. 11. (1) There shall be a Director General of the Institution who shall be appointed by the Government on such terms and conditions as it may determine. (2) The Director General shall be the principal executive officer of the Institution and shall be responsible for the proper administration of the Institution.",
"name": "Association with the Council, etc. of persons not being members",
"related_acts": "",
"section_id": 10
},
{
"act_id": 689,
"details": "11. (1) There shall be a Director General of the Institution who shall be appointed by the Government on such terms and conditions as it may determine. (2) The Director General shall be the principal executive officer of the Institution and shall be responsible for the proper administration of the Institution.",
"name": "Director General",
"related_acts": "",
"section_id": 11
},
{
"act_id": 689,
"details": "12. The Institution may appoint such officers and other employees as it considers necessary for the efficient performance of its functions on such terms and conditions as may be determined by the Council.",
"name": "Appointment of Officers, etc",
"related_acts": "",
"section_id": 12
},
{
"act_id": 689,
"details": "13. (1) There shall be a fund of the Institution to which shall be credited- (a)\tgrants and loans from the Government; (b)\tincome from investment, royalties and properties; and (c) \tall other receipts of the Institution. (2) \tThe fund of the Institution shall be utilised by it to meet charges in connection with its functions under this Ordinance and all payments of the Institution shall be made out of the fund. (3) All moneys of the Institution shall be kept in such bank or banks specified in the Schedule to the Bangladesh Banks (Nationalisation) Order, 1972 (P.O. No. 26 of 1972), as may be decided by the Council.",
"name": "Funds of the Institution",
"related_acts": "377",
"section_id": 13
},
{
"act_id": 689,
"details": "14.\tThe Institution shall keep its accounts in such manner as the Government may determine in consultation with the Comptroller and Auditor General of Bangladesh, hereinafter referred to as the Auditor General.",
"name": "Accounts",
"related_acts": "",
"section_id": 14
},
{
"act_id": 689,
"details": "15.\tThe Institution shall, by such date in each year as may be fixed by the Government, submit to the Government for approval a budget in such form as the Government may specify for each financial year showing the estimated receipts and expenditure during that financial year.",
"name": "Budget",
"related_acts": "",
"section_id": 15
},
{
"act_id": 689,
"details": "16. (1) The accounts of the Institution shall be audited by the Auditor General in such manner as he deems fit. (2) For the purpose of an audit under sub-section (1), the Auditor General or any person authorised by him in this behalf shall have access to all records, books, documents, cash, securities, stores and other property of the Institution and may examine any member, the Director General or any other officer or employee of the Institution. (3)\tThe Auditor General shall submit his audit report to the Government and shall forward a copy thereof to the Institution.",
"name": "Audit",
"related_acts": "",
"section_id": 16
},
{
"act_id": 689,
"details": "17. (1) The Institution shall furnish to the Government such reports and statements as the Government may, from time to time, require. (2)\tThe Institution shall, as soon as possible after the end of every financial year, furnish to the Government a statement of audited accounts together with an annual report on the condition of its affairs of that year.",
"name": "Reports, etc.",
"related_acts": "",
"section_id": 17
},
{
"act_id": 689,
"details": "18. All orders and decisions of, and all other instruments issued by, the Institution shall be authenticated by the signature of such officer or officers as may be authorised by the Council in this behalf.",
"name": "Authentication of orders and other instruments of the Institution",
"related_acts": "",
"section_id": 18
},
{
"act_id": 689,
"details": "19. (1) Except under a licence granted under section 20, no person shall use in relation to any article or process or in the title of any patent, or in any trade mark or design, the Standard Mark or any colourable imitation thereof. (2) Notwithstanding that a licence has been granted under section 20, no person shall use, in relation to any article or process, the Standard Mark or any colourable imitation thereof unless such article or process conforms to the Bangladesh Standard.",
"name": "Prohibition of improper use of Standard Mark",
"related_acts": "",
"section_id": 19
},
{
"act_id": 689,
"details": "20. (1) Any person who intends to use, in relation to any article or process or in the title of any patent, or in any trade mark or design, the Standard Mark shall apply to the Institution, in such form as may be prescribed, for grant of a licence for such use. (2) The Institution may grant a licence if, after such enquiry as it deems necessary, it is satisfied that- (a)\tthe article or process in respect of which the Standard Mark is to be used conforms to the related Bangladesh Standard; and (b)\tthere is arrangement for routine inspection and testing to ensure that the article or process concerned conforms to the related Bangladesh Standard. (3) A licence shall be granted in such form and on payment of such fee as may be prescribed, and may be subject to such conditions as may be specified therein by the Institution. (4) A licence granted under this section shall remain valid for a period of three years: Provided that the Institution may revoke the licence at any time, if it is satisfied that the licensee has violated any condition specified in the licence: Provided further that no licence shall be revoked unless the licensee is given a reasonable opportunity of being heard.",
"name": "Grant of licence",
"related_acts": "",
"section_id": 20
},
{
"act_id": 689,
"details": "21. Except in such cases and under such conditions as may be prescribed, no person shall, without the previous permission of the Institution, use- (a) \tany name which so nearly resembles the name of the Institution as to deceive or likely to deceive the public or which contains expressions “Bangladesh Standard” or “Bangladesh Standard Specification” or any abbreviation of such expressions; or (b) \tany mark or trade mark in relation to any article or process containing the expressions “Bangladesh Standard” or “Bangladesh Standard Specification” or any abbreviation of such expressions.",
"name": "Prohibition of use of certain names, etc.",
"related_acts": "",
"section_id": 21
},
{
"act_id": 689,
"details": "22. (1) Notwithstanding anything contained in any law for the time being in force, no registering authority shall- (a)\tregister any company, firm or other body of persons which bears any name, or (b)\tregister a trade mark or design which bears any name or mark, if the use of such name or mark is in contravention of section 19 or section 21. (2) If any question arises before a registering authority whether the use of any name or mark is in contravention of section 19 or section 21, the registering authority may refer the question to the Government whose decision thereon shall be final.",
"name": "Prohibition of registration in certain cases",
"related_acts": "",
"section_id": 22
},
{
"act_id": 689,
"details": "23. (1) The Government may, in consultation with the Institution, by notification in the official Gazette and subject to such conditions and exceptions as may be made by or under the notification, prohibit, restrict or otherwise control the taking out of Bangladesh of articles of any specified description which do not bear the Standard Mark or regulate generally all practices (including trade practices) and procedures connected with the export of such articles. (2) No articles of the specified description shall be taken out of Bangladesh except in accordance with the conditions of a licence to be issued by an officer authorised in this behalf by the Government. (3) All articles to which any notification under sub-section (1) applies shall be deemed to be goods the taking of which out of Bangladesh has been prohibited or restricted under section 16 of the Customs Act, 1969 (IV of 1969) and all provisions of the said Act shall have effect accordingly.",
"name": "Power to prohibit or restrict export of certain articles",
"related_acts": "354",
"section_id": 23
},
{
"act_id": 689,
"details": "24. (1) The Government may, in consultation with the Institution, by notification in the official Gazette, prohibit with effect from such date as may be specified in the notification, the sale 8, distribution and commercial advertisement of any article specified therein which does not conform to the Bangladesh Standard established by the Institution in relation to that article: Provided that the date specified in the notification shall be a date not earlier than two months from the date of publication of the notification. (2) The Government may, by notification in the official Gazette, require any article which conforms to a particular Bangladesh Standard to be marked with the Standard Mark.",
"name": "Power to prohibit the sale , distribution, etc. of certain articles",
"related_acts": "",
"section_id": 24
},
{
"act_id": 689,
"details": "25. (1) The Institution may appoint as many Inspectors as may be necessary for the purpose of inspecting whether any article or process in relation to which the Standard Mark has been used conforms to the Bangladesh Standard or whether the Standard Mark has been improperly used in relation to any article or process, with or without licence and for the purpose of discharging such other duties as may be assigned to them. (2) Subject to any regulations made under this Ordinance, an Inspector shall have power- (a)\tto inspect any operation carried on in connection with any article or process in relation to which the Standard Mark has been used; (b)\tto take samples of any article, or of any material or substance used in any article or process, in relation to which the Standard Mark has been used; and 9(bb)\tto search, size and investigate in respect of an offence under this Ordinance as a Police officer of the rank or Sub-Inspector. (c)\tto exercise such other powers as may be prescribed. (3) Every Inspector shall be furnished by the Institution with a certificate of appointment as an Inspector, and the certificate shall, on demand, be produced by the Inspector.",
"name": "Inspectors",
"related_acts": "",
"section_id": 25
},
{
"act_id": 689,
"details": "26. Every licensee shall supply the Institution with such information, and with such samples of any material or substance used in relation to any article or process, as the Institution may require.",
"name": "Power to obtain information, etc.",
"related_acts": "",
"section_id": 26
},
{
"act_id": 689,
"details": "27. The Institution may, by general or special order in writing, direct that such of its powers shall, in such circumstances and under such conditions, if any, as may be specified in the order, be exercisable also by the Chairman or by the Director-General or by any member of the Council or by any officer of the Institution.",
"name": "Delegation of powers",
"related_acts": "",
"section_id": 27
},
{
"act_id": 689,
"details": "28. (1) Any person aggrieved by an order passed under clause (1) of section 5 may prefer an appeal to the Government within three months from the date of receipt of the decision or within such further time as may be allowed by the Government on payment of such fee as the Government may, by notification in the official Gazette, determine. (2) The Government may call for relevant papers from the Institution and may, after such inquiry in the matter as it considers necessary, pass such order as it thinks fit and any such order passed by the Government shall be final.",
"name": "Appeals",
"related_acts": "",
"section_id": 28
},
{
"act_id": 689,
"details": "29. Any information obtained by an Inspector or by a member of the Council or any officer or other employee of the Institution from any statement made or information supplied or in any evidence given or from inspection made under the provisions of this Ordinance shall be treated as confidential: Provided that nothing in this section shall apply to the disclosure of any information for the purpose of prosecution under this Ordinance.",
"name": "Certain matters to be kept confidential",
"related_acts": "",
"section_id": 29
},
{
"act_id": 689,
"details": "30. (1) Any person who contravenes the provisions of section 19 or section 21 or section 22 shall be punishable with imprisonment for a term which may extend to 10two years, or with fine which may extend to fifty thousand Taka but shall not be less than seven thousand Taka, or with both. (2) A Court convicting a person under sub-section (1) may direct that any property in respect of which the contravention has taken place shall be forfeited to the Government.",
"name": "Penalty for improper use of Standard Mark, etc.",
"related_acts": "",
"section_id": 30
},
{
"act_id": 689,
"details": "31. If any person contravenes the provisions of any notification under section 23 or of any licence issued thereunder, he shall, without prejudice to any confiscation or penalty to which he may be liable under the provisions of the Customs Act, 1969 (IV of 1969), as applied by section 23(3), be punishable with imprisonment for a term which may extend to 11four years, or with fine which may extend to one lakh taka but shall not be less than seven thousand taka, or with both",
"name": "Penalty for contravention of section 23",
"related_acts": "354",
"section_id": 31
},
{
"act_id": 689,
"details": ". 1231A. Any person who contravenes the provisions of any notification under section 24 shall be punished with imprisonment for a term which may extend to four years, or with fine which may extend to one lakh taka but shall not be less than seven thousand taka, or with both.",
"name": "Penalty for contravention of section 24",
"related_acts": "",
"section_id": 32
},
{
"act_id": 689,
"details": "31B. Any person who voluntarily obstructs, or gives false information to, any Inspector in the discharge of his public functions shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to fifty thousand taka but shall not be less than seven thousand taka, or with both.",
"name": "Penalty for obstructing Inspector in discharge of his functions",
"related_acts": "",
"section_id": 33
},
{
"act_id": 689,
"details": "32. Whoever contravenes any of the provisions of this Ordinance or of any regulation made or notification issued thereunder shall, if no other penalty is elsewhere provided by or under this Ordinance for such contravention, be punishable with fine 13which may extend to fifty thousand taka but shall not be less than seven thousand taka.",
"name": "Penalty for other offences",
"related_acts": "",
"section_id": 34
},
{
"act_id": 689,
"details": "1433. 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 this Ordinance except upon a complaint in writing, made by an Inspector authorised by the Government or the institution; (b) \tno Court inferior to that of a Metropolitan Magistrate or a Magistrate of the first class shall try any offence under this Ordinance.",
"name": "Cognizance of offences",
"related_acts": "75",
"section_id": 35
},
{
"act_id": 689,
"details": "1533A. Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898)- (a) \tan offence punishable under this Ordinance may be tried at any place within the local jurisdiction of the Metropolitan Magistrate or of the Magistrate of the first class; (b) \tan offence punishable under this Ordinance may be tried summarily in accordance with, as far as possible, the provisions laid down in Chapter XXII of the said Code.",
"name": "Place and Procedure of trial",
"related_acts": "75",
"section_id": 36
},
{
"act_id": 689,
"details": "33B. (1) Whenever any offence under this Ordinance has been committed, the articles or any other thing is respect of which or by which such offence has been committed, shall be liable to confiscation. (2) Any article liable to confiscation under this Ordinance shall, as soon as the order for confiscation has been made, be delivered to the Director General who shall arrange its disposal through destruction or any other method as may be prescribed.",
"name": "Articles liable to confiscation",
"related_acts": "",
"section_id": 37
},
{
"act_id": 689,
"details": "33C. (1) If, after examination, it is found that any article which does not conform to the Bangladesh Standard established by the Institution in relation to that article, the Director General may, by an order in writing, close, in such manner as may be prescribed, the factory producing such article or the premises where such article are stored, kept or traded. (2) Any person against whom an order of closure has been made under sub-section (1) may appeal to the Government within thirty days from the date of such order. Explanation.- For the purposes of this section “premises” includes- (a)\ta place where any business, industry, production or trade is carried on by a person, whether by himself or through an agent, by whatever name called; (b\ta warehouse, godown or other place where any article or articles are stored, exhibited or traded; (c)\ta dwelling house, if any part thereof is used for the purpose of carrying on any business, industry, production or trade; and (d)\ta vehicle or vessel or any other mobile device, help of which any trade or business is carried on.",
"name": "Power to close any factory, etc.",
"related_acts": "",
"section_id": 38
},
{
"act_id": 689,
"details": "33D. Notwithstanding anything contained in section 32 of the Code of Criminal Procedure, 1898 (Act V of 1898), it shall be lawful for any Metropolitan Magistrate or Magistrate of the first class to pass a sentence of fine under this Ordinance exceeding ten thousand taka.",
"name": "Special Provision regarding fines",
"related_acts": "75",
"section_id": 39
},
{
"act_id": 689,
"details": "34. No suit, prosecution or other legal proceeding shall lie against the Government or the Institution or any person acting under the authority of the Government or the Institution for anything which is in good faith done or intended to be done in pursuance of this Ordinance or any regulation made thereunder",
"name": "Indemnity",
"related_acts": "",
"section_id": 40
},
{
"act_id": 689,
"details": "35. Nothing in this Ordinance shall affect the operation of 16* * * the Drugs Act, 1940 (XXIII of 1940).",
"name": "35.\tOrdinance not to affect the operation of certain Acts",
"related_acts": "188",
"section_id": 41
},
{
"act_id": 689,
"details": "1736. (1) Upon the establishment of the Institution,- (a)\tthe laboratories known as the Central Testing Laboratories belonging to the Government, hereinafter referred to as the said Laboratories, shall stand abolished; (b) all assets and properties and all rights, liabilities and obligations of the Government in relation to the said Laboratories shall, unless the Government otherwise directs, be transferred to, and vest in, the Institution; (c)\tall officers and other employees of the said Laboratories shall stand transferred to the Institution, but shall continue to be Government servants and hold their office or service in the Institution on deputation and be governed in respect of all matters relating to the terms and conditions of their service by the laws, rules and regulations applicable to Government servants: Provided that any such officer or employee may, within such period as may be specified by the Government by order, exercise his option not to continue as Government servants, where upon such officer or employee shall cease to be Government servant and shall become officer or employee of the Institution and shall serve the Institution on the same terms and conditions as were applicable to them immediately before their transfer to the Institution unless such terms and conditions are altered, not being to their disadvantage, by the Institution. (2) All officers and other employees holding their office or service in the Institution under clause(c) of sub-section (1) shall be eligible for promotion to any post of the Institution and for that purpose a common seniority list of all officers and other employees of the Institution shall be prepared by the Institution. (3) The Institution shall bear all expenses required for, and in connection with, the pay, provident fund, gratuity, pension and other financial benefits of the officers and other employees holding their office or service in the Institution under clause (c) of sub-section (1).",
"name": "Abolition of Central Testing Laboratories",
"related_acts": "",
"section_id": 42
},
{
"act_id": 689,
"details": "1836A. (1) The Department of Agriculture Marketing and Grading of the Government, hereinafter referred to as the said Department, shall be deemed to have stood abolished with effect from the date of 11th December, 1995. (2) All assets and properties and all rights, liabilities and obligations of the Government in relation to the said Department shall be deemed to have been transferred to, and vested in, the Institution. (3) All officers and other employees of the said Department shall be deemed to have stood transferred to the Institution, but shall continue to be Government servants and hold their office or service in the Institution on deputation and be governed in respect of all matters relating to the terms and conditions of their service by the laws, rules and regulations applicable to Government servants. (4) All officers and other employees holding their office or service in the Institution under sub-section (3) shall be eligible for promotion to any post of the Institution and for that purpose a common seniority list of all officers and other employees of the Institution shall be prepared by the Institution. (5) The Institution shall bear all expenses required for, and in connection with, the pay, provident fund, gratuity, pension and other financial benefits of the officers and other employees holding their office or service in the Institution under sub-section (3).",
"name": "Abolition of Department of Agricultural Marketing and Grading",
"related_acts": "",
"section_id": 43
},
{
"act_id": 689,
"details": "37. (1) The Institution may, with the previous approval of the Government, make regulations not inconsistent with the provisions of this Ordinance, to provide for all matters for which provisions are necessary or expedient for the purpose of giving effect to the provisions of this Ordinance. (2) All regulations made under sub-section (1) shall be published in the official Gazette and shall come into force on such publication.",
"name": "Power to make regulations",
"related_acts": "",
"section_id": 44
},
{
"act_id": 689,
"details": "38. (1) Upon the establishment of the Institution, the Bangladesh Standards Institution Ordinance, 1977 (XXXIX of 1977), hereinafter referred to as the said Ordinance, shall stand repealed. (2) Upon such repeal,- (a) \tthe Bangladesh Standards Institution established under the said Ordinance, hereinafter referred to as the dissolved Institutions shall stand dissolved; (b) \tall assets, rights, powers, authorities and privileges and all property, movable and immovable, cash and bank balances, reserve funds, investments and all other rights and interests in, or arising out of, such property, and all books of accounts, registers, records and all other documents of the dissolved Institution shall stand transferred to, and vest in, the Institution; (c) \tall debts and liabilities incurred, all obligations undertaken, all contracts entered into and all agreements made by or with the dissolved Institution before such repeal shall be deemed to have been incurred, undertaken, entered into or made by or with the Institution; (d) \tall suits and other legal proceedings instituted by or against the dissolved Institution before such repeal shall be deemed to be suits and proceedings by or against the Institution and shall be proceeded or otherwise dealt with accordingly; (e) \tall officers and other employees of the dissolved Institution shall stand transferred to and become officers and employees of the Institution and shall hold office or service under the Institution on the same terms and conditions as were applicable to them immediately before such repeal and shall continue to do so until their terms and conditions are duly altered by the Institution; f) \tall Provident Funds established, maintained or managed by the dissolved Institution and existing immediately before such repeal shall continue to exist and the subscriptions and contributions thereto shall be credited to the Institution and the Institution shall be liable to make payment to the officers and employees concerned out of these Funds.",
"name": "Repeal, etc.",
"related_acts": "",
"section_id": 45
}
],
"text": "An Ordinance to provide for the establishment of an Institution for standardisation, testing, metrology, quality control, grading and marking of goods. WHEREAS it is expedient to provide for the establishment of an Institution for standardisation, testing, metrology, quality control, grading and marking of goods and for matters ancillary thereto; NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 690,
"lower_text": [
"1 Section 18 was substituted by section 2 of the Civil Aviation Authority (Amendment) Act, 1989 (Act No. XXV of 1989).",
"2 Section 26A was inserted by section 2 of the Civil Aviation Authority (Amendment) Ordinance, 1985 (Ordinance No. LI of 1985).",
"3 The words “dissolved Authority” were substituted for the words “said Authority” by section 3 of the Civil Aviation Authority (Amendment) Ordinance, 1985 (Ordinance No. LI of 1985).",
"4 The words “dissolved Authority” were substituted for the words “said Authority” by section 3 of the Civil Aviation Authority (Amendment) Ordinance, 1985 (Ordinance No. LI of 1985).",
"5 The words “dissolved Authority” were substituted for the words “said Authority” by section 3 of the Civil Aviation Authority (Amendment) Ordinance, 1985 (Ordinance No. LI of 1985).",
"6 The words “dissolved Authority” were substituted for the words “said Authority” by section 3 of the Civil Aviation Authority (Amendment) Ordinance, 1985 (Ordinance No. LI of 1985).",
"7 The full-stop (.) was substituted for the semi-colon (;) and thereafter clause (e) was omitted by section 3 of the Civil Aviation Authority (Amendment) Ordinance, 1985 (Ordinance No. LI of 1985).",
"8 Section 28 was added by section 4 of the Civil Aviation Authority (Amendment) Ordinance, 1985 (Ordinance No. LI of 1985)."
],
"name": "The Civil Aviation Authority Ordinance, 1985",
"num_of_sections": 29,
"published_date": "25th July, 1985",
"related_act": [
103,
301,
465,
690,
442
],
"repelled": true,
"sections": [
{
"act_id": 690,
"details": "1. This Ordinance may be called the Civil Aviation Authority Ordinance, 1985.",
"name": "Short title",
"related_acts": "690",
"section_id": 1
},
{
"act_id": 690,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“aerodrome” means any area of land or water designed, equipped, set apart or commonly used or intended to be used, either wholly or in part, for affording facilities for the landing and departure of aircraft, and includes all buildings, sheds, vessels and other structure and roads thereon or appertaining thereto; (b) “airport” means an aerodrome at which facilities have, in the opinion of the Government, been sufficiently developed to be of importance to civil aviation; (c)\t“Authority” means the Civil Aviation Authority established under section 3; (d)\t“Board” means the Board of the Authority constituted under section 5; (e) \t“Chairman” means the Chairman of the Board; (f) \t“member” means a member of the Board; (g)\t“prescribed” means prescribed by rules or regulations made under this Ordinance.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 690,
"details": "3. (1) As soon as may be after the commencement of this Ordinance, the Government shall, by notification in the official Gazette, establish an Authority to be called the Civil Aviation Authority for carrying out the purposes of this Ordinance. (2) The Authority shall be a body corporate, having perpetual succession and a common seal with power to acquire, hold and dispose of property, both movable and immovable, and shall by the said name sue and be sued.",
"name": "Establishment of the Authority",
"related_acts": "",
"section_id": 3
},
{
"act_id": 690,
"details": "4.(1) The general direction and administration of the Authority and its affairs shall vest in a Board which may exercise all powers, perform all functions and do all acts and things which may be exercised, performed or done by the Authority. (2) The Authority in discharging its functions shall be guided on questions of policy by such directions as may be given to it, from time to time, by the Government.",
"name": "Management",
"related_acts": "",
"section_id": 4
},
{
"act_id": 690,
"details": "5. (1) The Board of the Authority shall consist of a Chairman and six other members. (2) The Chairman and other members shall be appointed by the Government on such terms and conditions as the Government may determine. (3) One of the members shall be in-charge of operation and planning and another in-charge of finance.",
"name": "Board",
"related_acts": "",
"section_id": 5
},
{
"act_id": 690,
"details": "6. (1) The meetings of the Board shall be held at such time and places and in such manner as may be prescribed: Provided that, until so prescribed, such meetings shall be held at such times and places and in such manner as may be determined by the Chairman. (2) To constitute a quorum at a meeting of the Board, not less than three members shall be present. (3) All meetings of the Board shall be presided over by the Chairman or, in his absence, by a member authorised in writing by the Chairman. (4) At a meeting of the Board, each member shall have one vote and, in the event of equality of votes, the member presiding shall have a second or casting vote. (5) No act or proceeding of the Board shall be invalid or be called in question merely on the ground of existence of any vacancy in, or defect in the constitution of, the Board.",
"name": "Meetings of the Board",
"related_acts": "",
"section_id": 6
},
{
"act_id": 690,
"details": "7. (1) The Chairman shall be the whole time officer and the chief executive of the Authority and shall be responsible for the efficient management and proper administration of the affairs of the Authority and shall examine such persons and functions as may be prescribed or as may be assigned to him by the Board or by the Government. (2) If a vacancy occurs in the office of the Chairman or if the Chairman is unable to discharge the functions of his office on account of absence, illness or any other cause, the member in-charge of operation and planning shall act as Chairman.",
"name": "Chief executive",
"related_acts": "",
"section_id": 7
},
{
"act_id": 690,
"details": "8. (1) The Authority shall be responsible for the regulation and control of civil aviation activities in the country. (2) The Authority shall, from time to time, prepare for the approval of the Government five-year plans for the development of infrastructure for the promotion of safe, efficient, adequate, economical and properly coordinated civil air transport service and control and regulate civil aviation activities in Bangladesh. (3) The Authority shall frame schemes in respect of- (a)\tprovisions of civil airports and aerodromes in the country; (b)\tprovision of air traffic services to aircraft; (c)\tprovision of navigational services to aircraft; (d)\tprovision of communication services at the civil airports and aerodromes in the country; (e)\tprovision of aeronautical and flight inspection services to all aircraft registered in Bangladesh; (f)\tprovision of search and rescue services; (g)\tprovision of crash, fire and rescue services at all airports and aerodromes to aircraft in need; (h)\tprovision of security measures to the aerodromes and airports; (i) \tmanagement of estates at airports and aerodromes; (j) \tany other matter facilitating the achievement of the objects of this Ordinance. (4) The Authority may, if it considers necessary,- (a) \tcause studies, surveys, experiments or technical research to be made or contribute towards the cost of any such studies, surveys, experiments or technical research made by any other agency at the request of the Authority; (b) \tapprove development schemes costing not more than twenty million taka non-recurring or four million taka recurring and subject to the Government for approval schemes costing more than that amount; (c)\tsubject to clause (b), undertake any approved works, incur any expenditure, procure vehicles, plants, machinery and material, required for its use and enter into and perform all such contracts as it may consider necessary or expedient; (d) \tacquire by purchase, lease, exchange or otherwise any land or immovable property or any interest in such land or property; (e)\tseek and obtain advice and assistance in the preparation or execution of a scheme from any local body or agency of the Government.",
"name": "Power and functions of the Authority",
"related_acts": "",
"section_id": 8
},
{
"act_id": 690,
"details": "9. The Government may by notification in the official Gazette, delegate to the Authority or the Chairman such of its powers and functions under the Civil Aviation Ordinance, 1960 (XXXII of 1960), or the rules made thereunder as it may specify therein.",
"name": "Delegation of powers under Ordinance XXXII of 1960",
"related_acts": "301",
"section_id": 9
},
{
"act_id": 690,
"details": "10. Notwithstanding anything contained in this Ordinance, the Authority may undertake the execution of any scheme relating to civil aviation activity as framed or sponsored by any local or foreign body or agency or exercise technical supervision and administrative and financial control over the execution thereof on such terms and conditions as may be agreed to between the Authority and such body or agency: Provided that the Authority shall not undertake the execution of any scheme framed or sponsored by any foreign body or agency or exercise any technical supervision or administrative and financial control over the execution thereof without the prior approval of Government.",
"name": "Execution of schemes sponsored by local body, etc.",
"related_acts": "",
"section_id": 10
},
{
"act_id": 690,
"details": "11. (1) Subject to the provisions of any other law for the time being in force, the Authority shall have control over- (a)\tall the civil airports and aerodromes in Bangladesh including their planning, construction, operation and maintenance; (b)\tall air routes in Bangladesh; (c)\tair space management of civil airports and aerodromes. (2) Nothing in this section shall entitle the Authority to exercise any power in respect of any airports, aerodromes or airfields established for the exclusive use of Defence Services or any works and things connected therewith",
"name": "Control of air transport and aviation services",
"related_acts": "",
"section_id": 11
},
{
"act_id": 690,
"details": ". 12. (1) The Chairman or any person authorised by him in writing in this behalf may, with or without assistants or workmen, enter into or upon any land in order to make any inspection, survey or enquiry or to erect pillar, make boring and excavation or to do such other act which may be necessary for the purposes of this Ordinance: Provided that no such entry shall be made without giving the owner or the occupier of the land at least three days previous notice of the intention to make such entry. (2) The Authority shall pay compensation for the damage, if any, caused to the land on account of any action under sub-section (1) at such rate and in such manner as may be prescribed.",
"name": "Power to entry",
"related_acts": "",
"section_id": 12
},
{
"act_id": 690,
"details": "13. The Authority shall be competent to levy and collect, at such rates as may be prescribed by the Authority by regulations from time to time- (a) \tair route navigation charges; (b) \tpassenger services fees to be paid by the passengers travelling by air; (c)\tfees, charges, premium and rentals for use of any property including aircraft belonging to the Authority; (d) \taircraft landing, parking and housing charges; (e)\twith the approval of the Government, any other charges on any matter relating to civil aviation.",
"name": "Power to levy, etc.",
"related_acts": "",
"section_id": 13
},
{
"act_id": 690,
"details": "14. Any land required by the Authority for carrying out the purposes of this Ordinance shall be deemed to be needed for a public purpose and such land may be requisitioned or acquired according to the requirements of the Authority.",
"name": "Acquisition of land",
"related_acts": "",
"section_id": 14
},
{
"act_id": 690,
"details": "15. The Authority may appoint such officers, employees, experts, advisers and consultants as it may consider necessary for the performance of its functions on such terms and conditions as it may determine from time to time.",
"name": "Recruitment of officers, etc.",
"related_acts": "",
"section_id": 15
},
{
"act_id": 690,
"details": "16. (1) There shall be a fund to be known as the “Civil Aviation Authority Fund” which shall vest in the Authority and shall be utilised by the Authority to meet charges and expenses in connection with its functions under this Ordinance including the payment of salaries and other remuneration to the Chairman, members, officers, employees, experts, advisers and consultants of the Authority. (2) The Civil Aviation Authority Fund shall consist of- (a) \tgrants made by the Government; (b) \tloans obtained from the Government; (c) \tsale proceeds of bonds issued by the Authority with the prior approval of the Government; (d)\tloans obtained by the Authority with the approval of the Government; (e)\tforeign aid and loans obtained with the approval of the Government; and (f)\tall other sums received by the Authority. (3) The moneys of the Civil Aviation Authority Fund shall be kept in scheduled banks.",
"name": "Civil Aviation Authority Fund",
"related_acts": "",
"section_id": 16
},
{
"act_id": 690,
"details": "17. The Authority shall, by such date in each year as may be prescribed, submit to the Government for approval a budget for each financial year showing the estimated receipt and expenditure.",
"name": "Budget of the Authority",
"related_acts": "",
"section_id": 17
},
{
"act_id": 690,
"details": "118. (1) The Authority, shall maintain its accounts in such manner and form as may be prescribed. (2) Without prejudice to the provisions of the Comptroller and Auditor-General (Additional Functions) Act, 1974 (XXIV of 1974), the accounts of the Authority shall be audited by not less than two auditors, being chartered accountants within the meaning of the Bangladesh Chartered Accountants Order, 1973 (P.O. No. 2 of 1973), who shall be appointed by the Government. (3) Every auditor appointed under sub-section (2) shall be given a copy of the annual balance sheet and other accounts of the Authority together with the account books and vouchers relating thereto for examination. (4) Every auditor shall, at all reasonable times, have access to the books of accounts and other documents of the Authority, and may, in connection with such accounts, examine the Chairman or any member of the Board or any officer of the Authority. (5) The auditors shall report to the Government upon the annual balance sheet and the accounts and on any ancillary matter connected therewith. (6) The Government may, at any time, issue directions to the auditors requiring them to report to it upon the adequacy of measures taken by the Authority for the protection of the interests of the Government or upon the sufficiency of their procedure in auditing the affairs of the Authority, and may, at any time, enlarge or extend the scope of audit or direct that a different procedure in audit shall be adopted or that any other examination shall be made by the auditors or any other persons if, in its opinion, the interest of the Government so requires.",
"name": "Accounts and Audit",
"related_acts": "465,442",
"section_id": 18
},
{
"act_id": 690,
"details": "19. The Authority, shall be deemed to be a local authority for the purpose of borrowing money under the Local Authorities Loans Act, 1914 (IX of 1914), and the making and execution of any scheme under this Ordinance shall be deemed to be a work which such authority is legally authorised to carry out.",
"name": "Authority to be deemed to be a local authority",
"related_acts": "103",
"section_id": 19
},
{
"act_id": 690,
"details": "20. (1) The Authority shall, as soon as possible after the end of every financial year, submit to the Government an annual report on the conduct of its affairs for that year. (2) The Government may require the Authority to furnish any report, return, statement, estimate, statistics or other information regarding any matter under the control of the Authority and the Authority shall comply with every such requisition.",
"name": "Submission of annual report, etc.",
"related_acts": "",
"section_id": 20
},
{
"act_id": 690,
"details": "21. No suit, prosecution or other legal proceedings shall lie against the Authority, Board, Chairman or any member or any officer, employee, expert, adviser or consultant of the Authority for anything done or intended to be done in good faith under this Ordinance.",
"name": "Indemnity",
"related_acts": "",
"section_id": 21
},
{
"act_id": 690,
"details": "22. The Industrial Relations Ordinance, 1969 (XXIII of 1969), shall not apply to the Authority or any person in the service of the Authority.",
"name": "Ordinance XXIII of 1969 not to apply to the Authority",
"related_acts": "",
"section_id": 22
},
{
"act_id": 690,
"details": "23. Notwithstanding anything contained in any law for the time being in force, the Authority shall not be liable to pay any income-tax or super-tax on its income, profits or gains.",
"name": "Exemption from certain taxes",
"related_acts": "",
"section_id": 23
},
{
"act_id": 690,
"details": "24. The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 24
},
{
"act_id": 690,
"details": "25. (1) The Authority may, with the prior approval of the Government, make regulations, not inconsistent with the provisions of this Ordinance and rules made thereunder, to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this Ordinance. (2) All regulations made under this section shall be published in the official Gazette and shall come into force on such publication.",
"name": "Power to make regulations",
"related_acts": "",
"section_id": 25
},
{
"act_id": 690,
"details": "26. All assets and undertakings, including lands, buildings, airports and aerodromes, works, machinery, apparatus, equipments, materials and plants belonging to or vested in the Department of Civil Aviation shall stand transferred to and vest in the Authority, and all liabilities of the said Department in respect thereof shall be the liabilities of the Authority.",
"name": "Transfer of certain assets of the Government to the Authority",
"related_acts": "",
"section_id": 26
},
{
"act_id": 690,
"details": "226A. The Government shall charge annual return on its investment at a rate to be fixed by the Government.",
"name": "Annual return on investment",
"related_acts": "",
"section_id": 27
},
{
"act_id": 690,
"details": "27. (1) The Civil Aviation Ordinance, 1982 (XXVII of 1982), hereinafter referred to as the said Ordinance, shall stand repealed. (2) Upon the repeal of the said Ordinance,- (a) \tthe Civil Aviation Authority, hereinafter referred to as the 3dissolved Authority, established under the said Ordinance, shall stand dissolved; (b)\tall assets, undertakings and properties, movable and immovable of the 4dissolved Authority, shall stand transferred to, and vest in, the Authority; (c)\t\tall debts and liabilities incurred, all obligations undertaken, all contracts entered into and all agreements made by or with the 5dissolved Authority shall be deemed to have been incurred, undertaken, entered into or made by or with, the Authority; (d) \tall suits or other legal proceedings instituted by or against the 6dissolved Authority shall be deemed to have been instituted by or against the Authority and may be continued or proceeded with accordingly 7. * * * (3) and (4) Omitted by section 3 of the Civil Aviation Authority (Amendment) Ordinance, 1985 (Ordinance No. LI of 1985).",
"name": "Repeal and savings",
"related_acts": "",
"section_id": 28
},
{
"act_id": 690,
"details": "828. (1) All officers and other employees of the dissolved Authority, other than those mentioned in sub-section (2), shall on the establishment of the Authority, stand transferred to, and become officers and employees of, the Authority shall hold their office or service in the Authority on the same terms and conditions and with the same rights and privileges as to provident fund, gratuity, pension and other matters as were enjoyed by them immediately before such establishment and shall continue to do so until such terms and conditions are duly altered by the Authority with the approval of the Government. (2) All officers and other employees of the dissolved Authority who were officers and other employees of the Department of Civil Aviation shall, on the establishment of the Authority, stand transferred to the Authority, but shall continue to be Government servants and hold their office or service in the Authority on deputation and be governed in respect of all matters relating to the terms and conditions of their service by the laws, rules and regulations applicable to Government servants: Provided that such an officer or employee may, within a period of one hundred and eighty days from the date of establishment of the Authority, exercise his option not to continue as Government servant, whereupon such officer or employee shall cease to be Government servant and shall become officer or employee of the Authority and hold his office or service in the Authority as an officer or employee transferred under sub-section (1). (3) All officers and other employees holding their office or service in the Authority under sub-section (2) shall be eligible for promotion to any post of the Authority and for that purpose a common seniority list of all officers and other employees of the Authority shall be prepared by the Authority. (4) The Authority shall bear all expenses required for, and in connection with, the pay, provident fund, gratuity, pension and other financial benefits of the officers and other employees holding their office or service in the Authority under sub-section (2). ________",
"name": "Provision relating to employees of dissolved Authority",
"related_acts": "",
"section_id": 29
}
],
"text": "An Ordinance to establish a Civil Aviation Authority. WHEREAS it is expedient to establish a Civil Aviation Authority and to provide for matters connected therewith; NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 691,
"lower_text": [
"1 The word “youth” was substituted for the word “social” by section 2 of the Youth Welfare Fund (Amendment) Ordinance, 1986 (Ordinance No. LXIII of 1986).",
"2 Clause (b) was substituted by section 2 of the Youth Welfare Fund (Amendment) Act, 1988 (Act No. XVI of 1988).",
"3 Clause (ee) was inserted by section 3 of the Youth Welfare Fund (Amendment) Ordinance, 1986 (LXIII of 1986).",
"4 Sub-section (1) was substituted by section 3 of the Youth Welfare Fund (Amendment) Act, 1988 (Act No. XVI of 1988).",
"5 Section 9 was substituted by section 4 of the Youth Welfare Fund (Amendment) Act, 1988 (Act No. XVI of 1988)."
],
"name": "The Youth Welfare Fund Ordinance, 1985",
"num_of_sections": 12,
"published_date": "4th August, 1985",
"related_act": [
377,
691
],
"repelled": true,
"sections": [
{
"act_id": 691,
"details": "1. This Ordinance may be called the Youth Welfare Fund Ordinance, 1985.",
"name": "Short title",
"related_acts": "691",
"section_id": 1
},
{
"act_id": 691,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“Board” means the Youth Welfare Fund Management Board established under section 5; (b) \t“Chairman” means the Chairman of the Board; (c) \t“Fund” means the Youth Welfare Fund established under section 3; (d) \t“member” means a member of the Board; (e) \t“Selection Committee” means the Selection Committee constituted under section 8; (f) \t“President's Order” means the Bangladesh Banks (Nationalisation) Order, 1972 (P.O. No. 26 of 1972); (g) \t“prescribed” means prescribed by rules made under this Ordinance; (h) \t“youth organisation” means any organisation which is formed for the purpose of development of youth and 1youth welfare and registered under any law for the time being in force.",
"name": "Definitions",
"related_acts": "377",
"section_id": 2
},
{
"act_id": 691,
"details": "3. (1) There shall be established a Fund to be called the Youth Welfare Fund. (2) The Fund shall consist of- (a) \tgrants made by the Government; (b) \tloans obtained from the Government; (c) \tdonations and endowments; (d) \treceipt from such other sources as may be approved by the Board. (3) The Government shall make an initial grant of Taka fifty lakh to the Fund. (4) All moneys of the Fund shall be kept in any nationalised bank constituted under the President's Order or may be invested in Government securities or in such manner as the Government directs.",
"name": "Establishment of the Fund",
"related_acts": "",
"section_id": 3
},
{
"act_id": 691,
"details": "4. (1) The moneys of the Fund shall be utilised primarily for the purposes of- (a)\tmaking of grants-in-aid to youth organisations; 2(b) \tawarding prizes and making grants to youths. (2) All expenses in connection with the administration of the Fund shall be met out of the moneys of the Fund.",
"name": "Utilisation of the Fund",
"related_acts": "",
"section_id": 4
},
{
"act_id": 691,
"details": "5. (1) There shall be a Board to be known as the Youth Welfare Fund Management Board for the purposes of this Ordinance. (2) The Board shall consist of the following members, namely:- (a) \tMinister in-charge of the Ministry or Division dealing with youth and sports, who shall also be the Chairman of the Board, ex-officio; (b) \tSecretary in-charge of Ministry or Division dealing with Social Welfare and Women's Affairs, ex-officio; (c) \tSecretary in-charge of Ministry or Division dealing with Labour and Manpower, ex-officio; (d) \tSecretary in-charge of Ministry or Division dealing with youth and sports, who shall also be the Secretary of the Board, ex-officio; (e)\tDirector General, Department of Social Services, ex-officio; 3(ee) Director General, Department of Youth Development, ex-officio; (f)\tfour persons to be nominated by the Government from among the members of youth organisations. (3) A nominated member shall, unless removed by the Government, hold office for a period of two years from the date of his nomination. (4) A nominated member may, at any time, resign his office by writing under his hand addressed to the Chairman.",
"name": "Board",
"related_acts": "",
"section_id": 5
},
{
"act_id": 691,
"details": "6. 4(1) The Board shall- (a)\tformulate policies for making grants-in-aid to different youth organisations and awarding prizes and making grants to youths; (b)\tmake grants-in-aid to youth organisations and award prizes and make grants to youths on the recommendation of the Selection Committee; (c)\tsanction expenditure out of the moneys of the Fund; (d)\tdo such other acts or things as may be necessary for carrying out the purposes of this Ordinance. (2)\tThe Secretary of the Board shall be responsible for implementation of the decisions of the Board.",
"name": "Functions of the Board",
"related_acts": "",
"section_id": 6
},
{
"act_id": 691,
"details": "7. (1) Save as hereinafter provided, the Board shall follow such procedure as may be prescribed. (2)\tThe meeting of the Board shall be held on such date and at such time and place as may be determined by the Chairman: Provided that at least four meetings shall be held in each year. (3)\tTo constitute a quorum at a meeting of the Board, not less than one-third of the total number of its members shall be present. (4)\tAll meetings of the Board shall be presided over by the Chairman and, in his absence, by a member authorised by the Chairman in this behalf.",
"name": "Meetings of the Board",
"related_acts": "",
"section_id": 7
},
{
"act_id": 691,
"details": "8.\t(1) There shall be a Selection Committee consisting of the following members, namely:- (a)\tChairman of the Board, who shall also be the Chairman of the Selection Committee; (b)\tSecretary of the Board, who shall also be the Secretary of the Selection Committee; (c)\tSecretary in-charge of Ministry or Division dealing with Social Welfare and Women's Affairs, ex-officio; (d)\tVice-Chancellor, Dhaka University, or his nominee; (e)\ttwo renowned social workers, of whom one shall be a woman, to be nominated by Ministry or Division dealing with youth and sports; (f)\tone journalist to be nominated by Ministry or Division dealing with youth and sports; (g)\tDirector-General, Department of youth Development, ex-officio; (h)\tManaging Director of a nationalised bank constituted under the President's Order to be nominated by Ministry or Division dealing with youth and sports; (i)\tone retired Principal of a Government College to be nominated by Ministry or Division dealing with youth and sports; (j)\tDirector-General, Bangladesh Unnayan Gobeshona Protishthan, ex-officio; (2)\tThe Selection Committee shall select youth organisations for making grants-in-aid and members of youth organisations for making awards and recommend the organisations and members so selected to the Board for making the grants and awards for which they are selected. (3)\tThe Selection Committee shall follow such procedure as may be determined by the Board.",
"name": "Selection Committee",
"related_acts": "",
"section_id": 8
},
{
"act_id": 691,
"details": "59.\tNotwithstanding anything contained in this Ordinance,- (a)\tno grants-in-aid shall be made to a youth organisation unless it has any project for youth welfare or it is associated with any such project; (b)\tno prize shall be awarded nor any grant made to a youth unless he has to his credit a record of commendable performance in the field of youth or social welfare, or has made remarkable contribution in the field of education, science, technology, sports, arts and culture, or has shown exemplary patriotism, heroism or courage, or has rendered exemplary services to parents and elders.",
"name": "Condition for making grants-in-aid, etc.",
"related_acts": "",
"section_id": 9
},
{
"act_id": 691,
"details": "10.\tThe Secretary of the Board may, with the approval of the Board, appoint such officers and other employees as he may consider necessary to assist him in the discharge of his functions.",
"name": "Appointment of officers, etc",
"related_acts": "",
"section_id": 10
},
{
"act_id": 691,
"details": "11.\t(1) The accounts of the Fund shall be maintained in such manner and form as the Comptroller and Auditor-General of Bangladesh, hereinafter referred to as the Auditor-General, may, from time to time, direct. (2)\tThe accounts of the Fund shall be audited by the Auditor-General. (3)\tA statement of audited accounts shall be furnished to the Government by the Board.",
"name": "Audit and accounts",
"related_acts": "",
"section_id": 11
},
{
"act_id": 691,
"details": "12. The Government may, by notification in the official Gazette, make rules for the purpose of giving effect to all or any of the provisions of this Ordinance.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 12
}
],
"text": "An Ordinance to provide for the establishment of the Youth Welfare Fund. WHEREAS it is expedient to provide for the establishment of the Youth Welfare Fund and for matters ancillary thereto; NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 692,
"lower_text": [],
"name": "The Khulna Metropolitan Police Ordinance, 1985",
"num_of_sections": 115,
"published_date": "28th October, 1985",
"related_act": [
354,
99,
75,
12,
159
],
"repelled": false,
"sections": [
{
"act_id": 692,
"details": "1. (1) This Ordinance may be called the Khulna \tMetropolitan Police Ordinance, 1985. (2) It extends to the Khulna Metropolitan Area. (3) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint.",
"name": "Short title, extent and commencement",
"related_acts": "",
"section_id": 1
},
{
"act_id": 692,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“cattle” includes elephants, horses, asses, mules, sheep, goats and swine; (b)\t“Code” means the Code of Criminal Procedure, 1898 (V of 1898); (c)\t“Force” means the Khulna Metropolitan Police constituted under this Ordinance; (d)\t“Inspector-General” means the Inspector-General of Police appointed under the Police Act, 1861 (V of 1861); (e)\t“Khulna Metropolitan Area” or “Metropolitan Area” means the area described in Schedule I; (f)\t“place” includes a building, tent, booth, enclosure or any other erection, whether permanent or temporary; (g)\t“place of public amusement” means any place where music, singing, dancing or any game or diversion, or the means of carrying on the same, is provided and to which the public are admitted, either on payment of money or with the intention that money may be collected from those admitted, and includes a race-course, circus, theatre, cinema, music-hall, billiard-room, gymnasium, swimming pool or dancing-hall; (h)\t“place of public entertainment” means any place in which the public are admitted and where any kind of food, drink or intoxicating drug is supplied for consumption, and includes a lodging-house, boarding-house, residential hotel, refreshment room, eating house, tea shop, liquor house, hotel, restaurant, ganja shop, bhang shop and opium shop; (i)\t“Police-Commissioner”, “Additional Police Commissioner”, “Deputy Police Commissioner” and “Assistant Police Commissioner” shall mean respectively the Police Commissioner, an Additional Police Commissioner, a Deputy Police Commissioner and an Assistant Police Commissioner appointed under section 7; (j)\t“police-officer” means any member of the Force appointed under this Ordinance and includes an auxiliary police-officer appointed under section 10 or any member of any other police-force discharging, for the time being, any duties under this Ordinance; (k)\t“prescribed” means prescribed by rules made under this Ordinance; (l)\t“public place” includes a bank of a river or canal, a jetty, public building or monument and the precincts thereof, and all places accessible to the public for drawing water, washing or bathing or for the purpose of recreation; (m)\t“street” includes any road, lane, footway, square, Court, alley or passage whether a thoroughfare or not, to which the public have, temporarily or permanently, a right of access; (n)\t“subordinate officer” means a police-officer below the rank of Assistant Police Commissioner; (o)\t“superior officer” means the Police Commissioner, an Additional Police Commissioner, a Deputy Police Commissioner and an Assistant Police Commissioner; (p)\t“vehicle” means any carriage, cart, van, truck, handcart, bicycle, tricycle, motor cycle, rickshaw or any other wheeled conveyance of any description capable of being used on the street.",
"name": "Definitions",
"related_acts": "75,12",
"section_id": 2
},
{
"act_id": 692,
"details": "3. The provisions of the Police Act, 1861 (V of 1861), so far only as they are not inconsistent with any provision of this Ordinance, shall apply to the Khulna Metropolitan Area.",
"name": "Application of Act V of 1861",
"related_acts": "12",
"section_id": 3
},
{
"act_id": 692,
"details": "4. Notwithstanding anything contained in the Code, the Khulna Metropolitan Area shall not, unless otherwise provided by or under this Ordinance, be under the charge of any District Magistrate for any of the purposes of this Ordinance.",
"name": "Jurisdiction of District Magistrate barred in certain cases",
"related_acts": "",
"section_id": 4
},
{
"act_id": 692,
"details": "5. (1) There shall be a separate police force for the Khulna Metropolitan Area to be called the Khulna Metropolitan Police. (2) The Force shall consist of such number of officers in the several ranks and shall be constituted in such manner and shall have such organisation as the Government may, from time to time, direct.",
"name": "Constitution of the Force",
"related_acts": "",
"section_id": 5
},
{
"act_id": 692,
"details": "6. The Superintendence of the Force shall vest in the Government.",
"name": "Superintendence of the Force",
"related_acts": "",
"section_id": 6
},
{
"act_id": 692,
"details": "7. (1) The Government shall appoint a Police Commissioner who shall, subject to the control of the Inspector-General, exercise such powers and perform such duties as are or may be provided by or under this Ordinance. (2) The Government may appoint one or more Additional Police Commissioners, Deputy Police Commissioners and Assistant Police Commissioners who shall assist the Police Commissioner in the exercise of his powers and performance of his duties and shall exercise such of the powers and perform such of the duties of the Police Commissioner as may be delegated to them by the Police Commissioner by general or special order in writing. (3) The Police Commissioner, an Additional Police Commissioner, a Deputy Police Commissioner and an Assistant Police Commissioner shall be appointed in such manner and on such terms and conditions as the Government may, from time to time, determine.",
"name": "Police Commissioner, Additional Police Commissioners, Deputy Police Commissioners and Assistant Police Commissioners",
"related_acts": "",
"section_id": 7
},
{
"act_id": 692,
"details": "8. (1) There shall be such number of Inspectors and other classes of subordinate officers of the Force as the Government may, from time to time, determine. (2) The appointment of Inspectors shall be made by the Inspector-General of Police and the appointment of all other subordinate officers shall be made by such superior officer not below the rank of Deputy Police Commissioner as the Police Commissioner may, by order in writing, specify in this behalf. (3) The appointment of subordinate officers shall be made in such manner and on such terms and conditions as may be prescribed. (4) Every subordinate officer shall, on appointment, receive a certificate in the form set out in Schedule II under the seal and signature of the Police Commissioner or of the superior officer making the appointment. (5) A certificate of appointment shall be cancelled whenever the person namely therein ceases to belong to the Force and shall remain inoperative during the period of his suspension from the force.",
"name": "Appointment of subordinate officers",
"related_acts": "",
"section_id": 8
},
{
"act_id": 692,
"details": "9. Notwithstanding anything contained in this Ordinance or in the Police Act, 1861 (V of 1861), or in any other law for the time being in force, the Government or the Inspector-General may transfer a police-officer appointed under this Ordinance to the Police Force constituted under the Police Act, 1861 (V of 1861), and police-officer appointed under that Act to the police-force constituted under this Ordinance, and on such transfer such police-officer shall, for all purposes, be deemed to be a police-officer appointed under the law under which the police-force to which he is transferred is constituted.",
"name": "Transfer",
"related_acts": "12,12",
"section_id": 9
},
{
"act_id": 692,
"details": "10. (1) The Police Commissioner may appoint any person to be an auxiliary police-officer to assist the Force on any occasion when he is of opinion that the Force is in need of such assistance. (2) Every auxiliary police-officer shall, on appointment,- (a)\treceive a certificate in the form set out in Schedule II; (b)\thave the same powers and immunities, be liable to perform the same duties, be amenable to the same penalties and be subject to the same authority as any other police-officer.",
"name": "Auxiliary police-officer",
"related_acts": "",
"section_id": 10
},
{
"act_id": 692,
"details": "11. The Police Commissioner may, from time to time, make such orders, not inconsistent with any provision of this Ordinance and the rules made thereunder, as he deems expedient relating to- (a)\tthe inspection of the Force; (b)\tthe collection and communication by police-officers of information and intelligence; (c)\tthe description and quantity of arms, accoutrements, clothing and other necessaries to be supplied to the Force; (d)\tthe places of residence of members of the Force; (e)\tthe institution, management and regulation of any fund for any purpose connected with administration and welfare of the Force; (f)\tthe duties to be performed by police-officers of different ranks and the manner in which, and the conditions subject to which, police-officers shall exercise their powers and perform their duties; (g)\tthe efficiency and discipline of the Force; (h)\tthe prevention of abuse of powers and neglect of duties by police-officers.",
"name": "Power of Police Commissioner to make orders for administration of the Force",
"related_acts": "",
"section_id": 11
},
{
"act_id": 692,
"details": "12. (1) Subject to the provisions of article 135 of the Constitution and such rules as may be made by the Government in this behalf, the Police Commissioner may, by order in writing stating reasons therefore, award any one or more of the following punishments to any subordinate officer whom he finds to be guilty of disobedience, breach of discipline, misconduct, corruption, neglect of duty or remissness in discharge of any duty, or of any act rendering him unfit for the discharge of his duty, namely:- (a)\tdismissal from service; (b)\tremoval from service; (c)\tcompulsory retirement; (d)\treduction in rank or grade; (e)\tstoppage of promotion; (f)\tforfeiture of seniority for not more than one year; (g)\tforfeiture of pay and allowances for not exceeding one month; (h)\tforfeiture of increment in pay; (i)\tfine to any amount not exceeding one month's pay; (j)\tconfinement to quarter-guard for a term not exceeding thirty days; (k)\tconfinement to police lines for a term not exceeding thirty days with or without extra drill, extra guard, fatigue or other duty; (l)\tcensure; (m)\tpunishment drill for two hours daily for a term not exceeding fourteen days. Explanation.- “Misconduct” means conduct prejudicial to good order or service discipline or contrary to the Government Servants (Conduct) Rules, 1979, or unbecoming an officer or gentleman. (2) The power of punishment conferred on the Police Commissioner by sub-section (1) may also be exercisable, in the case of any subordinate officer other than an Inspector, by any superior officer not below the rank of Deputy Police Commissioner. (3) The Police Commissioner, or any other superior officer authorised by him in this behalf, may place under suspension any subordinate officer against whom action under sub-section (1) is required to be taken or against whom any enquiry is required to be made. (4) Nothing in sub-section (1) shall affect any police-officer's liability to a criminal prosecution or any offence with which he may be charged.",
"name": "Punishment of subordinate officers",
"related_acts": "",
"section_id": 12
},
{
"act_id": 692,
"details": "13. (1) Every police-officer not on leave or under suspension shall be deemed to be always on duty. (2) Notwithstanding anything contained in this Ordinance, every police-officer may, if the Inspector-General so directs, at any time, be employed on police duty in any place outside the Metropolitan Area.",
"name": "Police-officer to be deemed always on duty",
"related_acts": "",
"section_id": 13
},
{
"act_id": 692,
"details": "14. No subordinate officer shall resign his office or withdraw himself from the duties thereof except with the written permission of an officer not below the rank of his appointing authority.",
"name": "Resignation of subordinate officers",
"related_acts": "",
"section_id": 14
},
{
"act_id": 692,
"details": "15. It shall be the duty of every police-officer- (a)\tpromptly to serve every summons and obey and execute every warrant or other order lawfully issued to him by competent authority, and to endeavour by all lawful means to give effect to the lawful commands of his superiors; (b)\tto the best of his ability to obtain intelligence concerning the commission of cognizable offences or designs to commit such offences, and to lay such information and to take such other steps, consistent with law and the orders of his superiors, as are best calculated to bring offenders to justice or to prevent the commission of cognizable offences, or the commission of non-cognizable offences within his view; (c)\tto the best of his ability to prevent the commission of public nuisances; (d)\tto apprehend without unreasonable delay all persons whom he is legally authorised to apprehend and for whose apprehension there is sufficient reason; (e)\tto aid another police-officer, when called on by him or in case of need in the discharge of his duty, in such ways as would be lawful and reasonable on the part of the officer aided; (f)\tto discharge such duties as are imposed upon him by any law for the time being in force.",
"name": "General duties of police-officers",
"related_acts": "",
"section_id": 15
},
{
"act_id": 692,
"details": "16. It shall be the duty of every police-officer- (a) to afford every assistance within his power to disabled or helpless persons in the streets, and to take charge of intoxicated persons and of lunatics at large who appear to be dangerous or incapable of taking care of themselves; (b) to take prompt measures to procure necessary help for any person under arrest or in custody who is wounded or sick, and, while guarding or conducting any such person, to have due regard to his condition; (c)\tto arrange for the proper sustenance and shelter of every person who is under arrest or in custody; (d)\tin conducting searches, to refrain from needless rudeness and the causing of unnecessary annoyance; (e)\tin dealing with women and children, to act with strict regard to decency and with reasonable gentleness; (f)\tto use his best endeavours to prevent any loss or damage by fire; (g)\tto use his endeavours to avert any accident or danger to the public.",
"name": "Duties of police-officers towards the public and arrested persons",
"related_acts": "",
"section_id": 16
},
{
"act_id": 692,
"details": "17. It shall be the duty of every police-officer- (a)\tto regulate and control the traffic in the streets; (b)\tto prevent constructions in the streets; (c)\tto the best of his ability to prevent the infraction of any rule, regulation or order made under this Ordinance or any other law for the time being in force, for observance by the public in or near the streets; (d)\tto keep order in the streets, and at and within public-bathing, washing and landing places, fairs and all other places of public resort, and in the neighbourhood of places of public worship during the time of public worship; (e)\tto regulate resort to public-bathing, washing and landing places, to prevent overcrowding thereat and in public ferry-boats and, to the best of his ability, to prevent the infraction of any rule, regulation or order lawfully made for observance by the public at any such place or on any such boat.",
"name": "Duties of police-officers to keep order in streets, etc.",
"related_acts": "",
"section_id": 17
},
{
"act_id": 692,
"details": "18. All persons shall be bound to conform to the reasonable directions of a police-officer given in fulfilment of any of his duties under this Ordinance.",
"name": "Persons bound to conform to reasonable directions given by police-officers",
"related_acts": "",
"section_id": 18
},
{
"act_id": 692,
"details": "19. A police-officer may restrain or remove any person resisting or refusing or omitting to conform to any direction referred to in section 18 and may either take such person before a Magistrate or, in trivial cases, release him when the occasion is past.",
"name": "Power of police-officers to enforce their directives",
"related_acts": "",
"section_id": 19
},
{
"act_id": 692,
"details": "20. A police-officer may lay any information before a Magistrate and apply for any legal process as may by law be issued against any person committing an offence.",
"name": "Power of police-officers to lay information, etc.",
"related_acts": "",
"section_id": 20
},
{
"act_id": 692,
"details": "21. When in a street or a place of public resort a person has possession or apparent possession of any article which a police-officer in good faith suspects to be stolen property, such police-officer may search for and examine the same and may require an account thereof, and, should the account given by the possessor be manifestly false or suspicious, may detain such article and report the facts to a Magistrate, who shall thereon proceed according to sections 523 and 525 of the Code.",
"name": "Power of police-officers to search suspected persons in streets, etc.",
"related_acts": "",
"section_id": 21
},
{
"act_id": 692,
"details": "22. Whenever a direction under section 28 has been given, or a notification under section 29 has been promulgated, or an order under sections 30, 32 or 33 has been made, or a public notice under section 31 has been issued, it shall be lawful for a police-officer to require any person acting or about to act contrary thereto to desist or to abstain from so doing, and, in case of refusal or disobedience, to arrest the person offending, and such police-officer may also seize any object or thing used or about to be used in contravention of such direction, notification, order or public notice, and the thing seized shall be disposed of according to the order of the Magistrate.",
"name": "Enforcement of directions, notifications, public notices and orders given, issued or made under sections 28, 29, 30, 31, 32 or 33",
"related_acts": "",
"section_id": 22
},
{
"act_id": 692,
"details": "23. (1) It shall be the duty of every police-officer to take temporary charge- (a)\tof all unclaimed movable property found by, or made over to, him; (b)\tof all movable property found lying in any public place or street, if the owner or person in charge of such property, on being directed to remove the same, refuses or omits to do so. (2) A police-officer taking charge of any property under sub-section (1) shall hand over the property to the office-in-charge of the police station concerned and report the matter to the Police Commissioner forthwith. (3) If such property appears to have been left by a person who has died intestate, and not to be under five thousand taka in value, the Police Commissioner shall communicate with the Administrator General, with a view to its being dealt with under the Administrator General's Act, 1913 (III of 1913), or any other law for the time being in force. (4) In every other case, the Police Commissioner shall issue a proclamation specifying the articles of which such property consists, and requiring any person who may have a claim thereto to appear before him or some other officer whom he appoints in this behalf and establish his claim within three months from the date of such proclamation. (5) If the property, or any part thereof, is subject to speedy and natural decay, or consists of livestock, or if the property appears to be of a value of less than five hundred taka, it may forthwith be sold by auction under the orders of the Police Commissioner and the net proceeds of such sale shall be dealt with in the same manner as is hereinafter provided for the disposal of the said property. (6) The Police Commissioner shall, on being satisfied of the title of the claimant to the possession of any property referred to in sub-section (4), order the same to be delivered to him, after deduction or payment of the expenses properly incurred by the police in the seizure and detention thereof. (7) The Police Commissioner may at his discretion, before making any order under sub-section (6), take such security as he may think proper from the person to whom the said property is to be delivered; and nothing hereinbefore contained shall affect the right of any person to recover the whole or any part of such property from the person to whom it may have been delivered pursuant to such order. (8) If no person establishes his claim to such property within the period prescribed in sub-section (4), it shall be at the disposal of the Government and the property, or such part thereof as has not already been sold under sub-section (5), may be sold by auction under orders of the Police Commissioner.",
"name": "Charge of unclaimed property and disposal thereof",
"related_acts": "99",
"section_id": 23
},
{
"act_id": 692,
"details": "24. It shall be the duty of every police-officer to seize and take to any public pound for confinement therein any cattle found straying in any street or trespassing upon any public property.",
"name": "Impounding of cattle",
"related_acts": "",
"section_id": 24
},
{
"act_id": 692,
"details": "25. (1) Notwithstanding anything contained in section 153 of the Code, any police-officer generally or specially authorised by the Police Commissioner in this behalf may without warrant enter any shop or premises for the purpose of inspecting or searching for any weights or measures or instruments for weighing or measuring used or kept therein. (2) If such police-officer finds in such shop or premises weights, measures or instruments for weighing or measuring which he has reason to believe are false, he may seize the same and shall forthwith give information of such seizure to the Police Commissioner, and if such weights, measures or instruments are found by the Police Commissioner to be false, they shall be destroyed. (3) Weights and measures purporting to be of the same denomination as weights and measures, the standards whereof are kept under any law for the time being in force, shall, if they do not correspond with the said standards, be deemed to be false within the meaning of this section.",
"name": "Powers as to inspection, search and seizure of false weights and measures",
"related_acts": "",
"section_id": 25
},
{
"act_id": 692,
"details": "26. (1) The Police Commissioner may, with the prior approval of the Government, make regulations, not inconsistent with any provision of this Ordinance or the rules made thereunder, for- (a)\tlicensing and controlling persons offering themselves for employment at jetties, railway stations and landing places for the carriage of passengers' baggages, and fixing and providing for the enforcement of a scale of charges for the labour of such person when so employed; (b)\tregulating the conditions under which vehicles may remain standing in streets and public places, and the use of streets as halting places for vehicles or cattle; (c)\tregulating traffic of all kinds in streets and public places, and the use of streets and public places by persons riding, driving, cycling, walking or leading or accompanying cattle, so as to prevent danger, obstruction or inconvenience to the public; (d)\tprescribing the number and position of lights to be used on vehicles in streets and the hours between which such lights shall be used; (e)\tprescribing certain hours of the day during which cattle shall not be driven along the streets, or along certain specified streets, except subject to such conditions as he may specify in that behalf; (f)\tregulating and controlling the manner and mode of conveying timber, scaffold poles, ladders, iron girders, beams, bars, boilers or other unwieldy articles through the streets, and the route and hours for such conveyance; (g)\tlicensing, controlling or, in order to prevent the obstruction, inconvenience or annoyance to the residents or passengers in the vicinity, prohibiting the playing of music, the beating of drums or other instruments and the blowing or sounding of horns or other noisy instruments in or near streets or public places; (h)\tregulating the conduct, behaviour or action of persons constituting assemblies and processions on or along the streets and prescribing, in the case of processions, the routes by which, the order in which and the time at which, the same may pass; (i)\tprohibiting the hanging or placing of any cord or pole across a street or the making of a projection or structures so as to obstruct traffic or the free access of light and air; (j)\tprohibiting or controlling the placing of building materials or other articles or the fastening or detention of any animal in any street or public place; (k)\tlicensing, controlling, or, in order to prevent obstructions, inconvenience or annoyance to the residents or passengers in the vicinity, prohibiting- (i)\tthe illumination of streets and public places and the exteriors of buildings abutting thereon by persons other than employees of Government or of a local authority duly authorised in that behalf; (ii)\tthe blasting of rock or making excavations in or near streets or public places; (iii)\tthe using of a loudspeaker in or near any public place or in any place of public entertainment; (l)\tclosing certain streets or places temporarily, in cases of danger from ruinous buildings or other cause; (m) guarding against injury to person and property in the construction, repair and demolition of buildings, platforms and other structures from which danger may arise to the passenger, neighbour or public; (n)\tprohibiting or regulating the setting fire to or burning any straw or other matter or lighting a bonfire or letting off or throwing a firework in or upon a street or building or the putting up of any post or other thing on the side of or across, a street for the purpose of affixing thereto lamps or other contrivances for illumination; (o) licensing or controlling places of public amusement or entertainment; (p)\tregulating the means of entrance and exit at places of public amusement, entertainment or assembly, and providing for the maintenance of public safety and the prevention of disturbance thereat; (q)\tlicensing or controlling the musical, dancing, mimetic, theatrical or other performances for public amusement, and regulating, in the interest of public order, decency or morality, the employment of artists and the conduct of the artists and audience at such performances and the hours during which, and the places at which, such performances may be given; (r)\tregulating or prohibiting the sale of any ticket or issue of any pass for admission to a place of public amusement; (s)\tfixing the fees to be charged for any licence or permission required under this Ordinance. (2) The power of making regulations under this section shall be subject to the condition of the regulation being made after previous publication, and every regulation made under this section shall be published in the official Gazette and in the locality affected thereby affixing copies thereof in conspicuous places near to the building, structure, work or place, as the case may be, to which the same specially relates or by advertising the same in such local newspapers as the Police Commissioner may deem fit : Provided that any such regulation may be made without previous publication if the Government is satisfied that circumstances exist which renders it necessary that such regulation should be brought into force at once.",
"name": "Power of Police Commissioner to make regulation",
"related_acts": "",
"section_id": 26
},
{
"act_id": 692,
"details": "27. (1) The Police Commissioner may, whenever in his opinion such action is necessary, authorise such police-officer as he thinks fit to erect barriers on any street for the purpose of stopping temporarily vehicles driven on such street and satisfy himself that the provisions of any law for the time being in force have not been contravened in respect of any such vehicle or by the driver or person in charge of such vehicle. (2) The Police Commissioner may make such orders as he deems fit for regulating the use of such barriers.",
"name": "Police Commissioner may authorise erection of barriers on streets",
"related_acts": "",
"section_id": 27
},
{
"act_id": 692,
"details": "28. The Police Commissioner, or any police-officer authorised by him in this behalf, may from time to time as occasion may arise, give all such directions, not inconsistent with any regulation made under section 26, either orally or in writing, as may be necessary to- (a)\tsecure the orderly conduct of persons constituting processions or assemblies in streets; (b)\tprescribe the routes by which, and the times at which, any such procession may or may not pass; (c)\tprevent constructions on the occasion of all processions and assemblies and in the neighbourhood of all places of worship during the time of worship, and in all cases when any street or public place or place of public resort may be thronged or liable to be obstructed; (d)\tkeep order in all streets, public bathing, washing and landing places and all other public places or places of public resort; (e)\tregulate and control the playing of music or singing, the beating of drums and other instruments, and the blowing or sounding of horns or other noisy instruments, in or near any street or public place; (f)\tregulate and control the use of loudspeakers in any street or in or near any public place or in any place of public entertainment.",
"name": "Power of Police Commissioner and other police-officers to give directions to the public",
"related_acts": "",
"section_id": 28
},
{
"act_id": 692,
"details": "29. (1) The Police Commissioner may, whenever and for such time as he considers necessary for the preservation of public peace or safety, by notification publicly promulgated or addressed to individuals, prohibit at any place- (a)\tthe carrying of arms, swords, spears, guns, knives, sticks or lathis, or any other article, which is capable of being used for causing physical violence; (b)\tthe carrying of any corrosive substance or explosives; (c)\tthe carrying, collection and preparation of stones or other missiles or instruments or means of casting or impelling missiles; (d)\t\tthe exhibition of persons, corpses, figures or effigies; (e)\tthe public utterance of cries; singing of songs or playing of music; (f) \tthe delivery of public harangues, the use of gestures or mimetic representations, and the preparation, exhibition or dissemination of pictures, symbols, placards or any other object or thing which may, in his opinion, offend against decency or morality or undermine the security of the State. (2) If any person goes armed with any such article or carries any corrosive substance or explosive or missile in contravention of such prohibition, he may be disarmed or the corrosive substance, explosive or missile may be seized from him by any police-officer, and the article, corrosive substance, explosive or missile so seized shall be forfeited to the Government.",
"name": "Power of Police Commissioner to prohibit certain acts for prevention of disorders",
"related_acts": "",
"section_id": 29
},
{
"act_id": 692,
"details": "30. The Police Commissioner may, by order in writing, prohibit any assembly or procession whenever and for so long as he considers such prohibition to be necessary for the preservation of the public peace or safety: Provided that no such prohibition shall remain in force for more than thirty days without the sanction of the Government. 31. The Police Commissioner may, by public notice, temporarily reserve for any public purpose any street or public place and prohibit persons from entering the area so reserved except under such conditions as may be specified by him.",
"name": "Power of Police Commissioner to prohibit assembly or procession",
"related_acts": "",
"section_id": 30
},
{
"act_id": 692,
"details": "31. The Police Commissioner may, by public notice, temporarily reserve for any public purpose any street or public place and prohibit persons from entering the area so reserved except under such conditions as may be specified by him.",
"name": "Power of Police Commissioner to reserve any street or public place for any public purpose",
"related_acts": "",
"section_id": 31
},
{
"act_id": 692,
"details": "32. Notwithstanding anything contained in any other law for the time being in force, the Police Commissioner may, with the previous approval of, and subject to such directions as may be given by, the Government, requisition any vehicle for carrying on any operation by the Force: Provided that if the Police Commissioner is satisfied that circumstances exist which render immediate action necessary, he may requisition any vehicle without the previous approval of the Government, but in that case he shall forthwith report the fact of such requisition to the Government.",
"name": "Power of Police Commissioner to requisition vehicles",
"related_acts": "",
"section_id": 32
},
{
"act_id": 692,
"details": "33. If, in the opinion of the Police Commissioner, it is necessary so to do for the purpose of preventing annoyance, disturbance, discomfort or injury to the public or to any person who dwell or occupy property in the vicinity, he may, by order in writing, prohibit, restrict, regulate or impose conditions on- (a)\tthe use or continuance in any area, premises or vehicles of- (i)\tany vocal or instrumental music; (ii)\tmicrophone, loudspeaker or other instruments for amplifying music or other sound; (iii)\tsounds caused by the playing, beating, clashing, blowing or use in any manner whatsoever of any instrument, appliance or apparatus or contrivance which is capable of producing or reproducing sound; or (b)\tthe carrying on in any premises of any trade, avocation or operation resulting in or attended with noise.",
"name": "Power of Police Commissioner to prohibit, restrict or regulate use of music, etc.",
"related_acts": "",
"section_id": 33
},
{
"act_id": 692,
"details": "34. (1) In order to prevent or suppress any riot or grave disturbance of peace, the Police Commissioner may, by order in writing, temporarily close or take possession of any building or place and exclude all or any persons therefrom, or allow access thereto to such persons only and on such terms as he may deem expedient. (2) If the lawful occupier of such building or place suffers substantial loss or injury by reason of the action taken under sub-section (1), he shall be entitled, on application made to the Police Commissioner within one month from the date of such action, to receive reasonable compensation for such loss or injury unless such action was, in the opinion of the Police Commissioner, rendered necessary either by the use to which such building or place was put or intended to be put or by the misconduct of persons having access thereto. (3) In the event of any dispute in any case under sub-section (2), the decision of the Government shall be final as to the amount, if any, to be paid, and as to the person whom it is to be paid.",
"name": "Orders for prevention of riot, etc.",
"related_acts": "",
"section_id": 34
},
{
"act_id": 692,
"details": "35. (1) For the purpose of preventing serious disorder or breach of the law or manifest an imminent danger to the persons assembled at any place of public amusement or at any assembly or meeting to which the public are invited or which is open to the public, the police-officer of the highest rank present at such place, assembly or meeting may give such directions as to the mode of admission of the public to, and for securing the peaceful and orderly conduct of the proceedings and the maintenance of the public safety at, such place, assembly or meeting as he thinks necessary. (2) The police shall have free access to every such place, assembly or meeting for the purpose of giving effect to the provisions of sub-section (1), and to any direction given thereunder.",
"name": "Police to provide against disorder, etc., at places of amusement and public meetings",
"related_acts": "",
"section_id": 35
},
{
"act_id": 692,
"details": "36. The Police Commissioner may, from time to time, by public notice, proclaim that any dog found, during such period as may be specified in the said notice, straying in the streets or in any public place me be destroyed, and any dog so found within such period may be destroyed accordingly.",
"name": "Stray dogs to be destroyed",
"related_acts": "",
"section_id": 36
},
{
"act_id": 692,
"details": "37. Any police-officer who in any street or public place finds any animal so diseased, or so severely injured, and in such a physical condition, that, in his opinion, it should be destroyed, shall, if the owner is absent or refuses to consent to the destruction of the animal at once, summon the veterinary officer in charge of the area in which the animal is found and, if the veterinary officer certifies that the animal is so diseased or so severely injured, or in such a physical condition, that it is cruel to keep it alive, the police-officer may, without the consent of the owner, destroy the animal or cause it to be destroyed: Provided that if in the opinion of the veterinary officer the animal can be removed from the place where it is found without causing it great suffering, he may direct the police-officer to remove the animal before it is destroyed from the place where it is found to such other place as he may think fit: Provided further that when the animal is destroyed in any street or public place it shall, as far as possible, be screened from the public gaze while it is being destroyed.",
"name": "Suffering or unfit animals to be destroyed",
"related_acts": "",
"section_id": 37
},
{
"act_id": 692,
"details": "38. (1) The Police Commissioner may, on the application of any person, depute any additional number of police to keep the peace, preserve order or enforce any of the provisions of this Ordinance or any other law in respect of any particular class or classes of offences or to perform any other police duties at any place. (2) Such additional police shall be employed at the cost of the person making the application, but shall be subject to the orders of the Police Commissioner and shall be employed for such period as the Police Commissioner may think necessary. (3) If the person upon whose application such additional police are employed makes, at any time, a written request to the Police Commissioner for their withdrawal, he shall be relieved from the cost thereof at the expiration of such period not exceeding one week from the date of such request as the Police Commissioner may determine.",
"name": "Employment of additional police on application",
"related_acts": "",
"section_id": 38
},
{
"act_id": 692,
"details": "39. (1) When it appears to the Police Commissioner that the behaviour of the persons employed on any public work or in any industrial or commercial concern under construction or in operation at any place necessitates the employment of additional police at such place, he may depute such additional police to such place as he thinks fit and keep such police employed at such place for so long as such necessity continues. (2) The Police Commissioner may make order, from time to time, directing the person by whom the work or concern is being constructed or carried on to pay such amount as cost of employment of such additional police as he may specify therein, and such person shall thereupon make the payment accordingly. (3) Any person aggrieved by an order of the Police Commissioner under sub-section (2) may appeal to the Government and the decision of the Government on such appeal shall be final.",
"name": "Employment of additional police at certain places",
"related_acts": "",
"section_id": 39
},
{
"act_id": 692,
"details": "40. Whenever it appears to the Police Commissioner that the movement or encampment of any gang or body of persons in any place is causing or is likely to cause danger or alarm or reasonable suspicion that unlawful designs are entertained by such gang or body or by members thereof, he may, by order in writing, direct the members of such gang or body so to conduct themselves as may seem necessary in order to prevent violence and alarm, or to disperse and remove themselves outside the Metropolitan Area within such time as he may specify and not to enter or return to the said Area.",
"name": "Dispersal of gangs",
"related_acts": "",
"section_id": 40
},
{
"act_id": 692,
"details": "41. Whenever it appears to the Police Commissioner- (a)\tthat the movements or acts of any person are causing or likely to cause alarm, danger or harm to any other person or to any property; or (b)\tthat there are reasonable grounds for believing that such person is engaged or is about to be engaged in the commission of an offence involving force or violence or an offence punishable under Chapter XII, XVI or XVII of the Penal Code (XLV of 1860), or in the abetment of any such offence; the Police Commissioner may, by order in writing, direct such person so to conduct himself as may seem necessary in order to prevent violence and alarm, or to remove himself outside the Metropolitan Area within such time as he may specify and not to enter or return to the said Area.",
"name": "Removal of persons about to commit offence",
"related_acts": "",
"section_id": 41
},
{
"act_id": 692,
"details": "42. If a person has been convicted of an offence- (a)\tunder Chapter XII, XVI or XVII of the Penal Code (XLV of 1860); (b) under the Suppression of Immoral Traffic Act, 1933 (Ben. Act VI of 1933); (c)\tunder the Customs Act, 1969 (IV of 1969); or (d)\tunder sections 77, 78, 79, 84, 89 or 91 of this Ordinance thrice or more;the Police Commissioner may, if he has reason to believe that such person is likely again to commit the same offence or any other offence under the same law, by order in writing, direct such person to remove himself outside the Metropolitan Area within such time as he may specify and not to enter or return to the said Area.",
"name": "Removal of persons convicted of certain offences",
"related_acts": "159,354",
"section_id": 42
},
{
"act_id": 692,
"details": "43. An order made under sections 40, 41 or 42 directing a person not to enter or return to the Metropolitan Area shall remain in force for such period, not exceeding two years, as may be specified therein.",
"name": "Period of operation of orders under sections 40, 41 or 42",
"related_acts": "",
"section_id": 43
},
{
"act_id": 692,
"details": "44. (1) Before an order under sections 40, 41 or 42 is made in respect of any person the Police Commissioner shall inform the person in writing of the general nature of the material allegations against him and the order proposed to be made in respect of him and give a reasonable opportunity of tendering an explanation regarding them. (2) If such person makes an application for the examination of any witness, the Police Commissioner shall examine such witness, unless, for reasons to be recorded in writing, he is of opinion that such application is made for the purpose of vexation or delay. (3) Such person shall be entitled to appear before the Police Commissioner by a lawyer for the purpose of tendering his explanation and examining the witnesses produced by him. (4) The Police Commissioner may, for the purpose of securing the attendance of such person, require that person to appear before him and to execute a bond, with or without sureties, for such attendance during the inquiry. (5) If such person fails to execute the bond as required under sub-section (4) or fails to appear before the Police Commissioner during the inquiry, the Police Commissioner may proceed with the inquiry and make the order proposed to be made against him.",
"name": "Hearing to be given before order under sections 40, 41 or 42 is made",
"related_acts": "",
"section_id": 44
},
{
"act_id": 692,
"details": "45. (1) Any person aggrieved by an order made under sections 40, 41 or 42 may appeal to the Government within thirty days from the date of such order. (2) An appeal under this section shall be preferred in the form of a memorandum, setting forth concisely the grounds of objection to the order appealed against and shall be accompanied by that order or a certified copy thereof. (3) On receipt of such appeal, the Government may, after giving a reasonable opportunity to the applicant to be heard either personally or by a lawyer and after such further inquiry, if any, as it may deem necessary, confirm, vary or set aside the order appealed against and make its order accordingly: Provided that the order appealed against shall remain in force pending the disposal of the appeal, unless the Government otherwise directs. (4) In calculating the period of thirty days provided for an appeal under this section, the time taken for granting a certified copy of the order appealed against shall be excluded.",
"name": "Appeal",
"related_acts": "",
"section_id": 45
},
{
"act_id": 692,
"details": "46. An order passed by the Police Commissioner under sections 40, 41 or 42 or by the Government under section 45 shall not be called in question in any Court.",
"name": "Certain orders of Police Commissioner or Government not to be called in question",
"related_acts": "",
"section_id": 46
},
{
"act_id": 692,
"details": "47. (1) If a person who has been directed by an order made under sections 40, 41 or 42 to remove himself outside the Metropolitan Area - (a)\tfails to remove himself as directed; or (b)\thaving so removed himself, except with the permission of the Police Commissioner under sub-section (2), enters the said Area within the period specified in the order; the Police Commissioner may cause him to be arrested and removed to such place outside the said Area as he may specify. (2) The Police Commissioner may permit any person in respect of whom an order under sections 40, 41 or 42 has been made to enter or return to the Metropolitan Area for such temporary period and subject to such conditions as may be specified in such permission and may require him to enter into a bond, with or without surety, for the due observance of the conditions imposed. (3) The Police Commissioner may, at any time, revoke any such permission. (4) Any person permitted under sub-section (2) to enter or return to the Metropolitan Area shall, at the expiry of the period specified in the permission or on the earlier revocation of such permission, remove himself outside the said Area, and shall not, without a fresh permission, enter therein or return thereto within the unexpired residue of the period specified in the order made under sections 40, 41 or 42. (5) If such person fails to observe any of the conditions imposed or to remove himself accordingly, or having so removed himself enters or returns to the Metropolitan Area without fresh permission, the Police Commissioner may cause him to be arrested and removed to such place outside the said Area as he may specify.",
"name": "Procedure on failure of person to leave Metropolitan Area and his entry therein after removal",
"related_acts": "",
"section_id": 47
},
{
"act_id": 692,
"details": "48. Any person who having been appointed as an auxiliary police-officer under section 10 without sufficient cause refuses to serve as such or to obey any lawful order or direction that may be given to him for the performance of his duties shall be punishable with fine which may extend to two hundred taka.",
"name": "Penalty for refusal to serve as auxiliary police-officer",
"related_acts": "",
"section_id": 48
},
{
"act_id": 692,
"details": "49. Any person who makes a false statement or uses a false document for the purpose of obtaining employment or release from employment as a police-officer shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred taka, or with both.",
"name": "Penalty for making false statement, etc.",
"related_acts": "",
"section_id": 49
},
{
"act_id": 692,
"details": "50. Any police-officer who is guilty of cowardice or of any wilful breach of any provision of law or of any rule, regulation or order which it is his duty as such police-officer to observe or obey shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand taka, or with both.",
"name": "Penalty for misconduct of police-office",
"related_acts": "",
"section_id": 50
},
{
"act_id": 692,
"details": "51. Any subordinate officer who resigns his office or withdraws himself from the duties thereof in contravention of section 14 shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand taka, or with both.",
"name": "Penalty for contravention of section 14",
"related_acts": "",
"section_id": 51
},
{
"act_id": 692,
"details": "52. Any police-officer who wilfully neglects or refuses to deliver up his certificate of appointment or the arms, accoutrements, clothings and other articles supplied to him for the performance of his duties immediately after he ceases to belong to the Force shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred taka, or with both.",
"name": "Penalty for neglect or refusal to deliver up certificate of appointment, etc.",
"related_acts": "",
"section_id": 52
},
{
"act_id": 692,
"details": "53. Any police-officer who without lawful authority or reasonable cause enters or searches or causes to be entered or searched any building, vessel or place shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand taka, or with both.",
"name": "Penalty for unlawful entry and search by police-officer",
"related_acts": "",
"section_id": 53
},
{
"act_id": 692,
"details": "54. Any police-officer who vexatiously or unnecessarily searches, detains or arrests any person or seizes the property of any person shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand taka, or with both.",
"name": "Penalty for vexatious search, detention, etc., by police-officer",
"related_acts": "",
"section_id": 54
},
{
"act_id": 692,
"details": "55. Any police-officer who offers any unnecessary personal violence to any person in his custody or holds out to an accused person any threat or promise not warranted by law shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand taka, or with both.",
"name": "Penalty for personal violence, threat, etc., by police-officer",
"related_acts": "",
"section_id": 55
},
{
"act_id": 692,
"details": "56. Any police-officer who detains in custody a person arrested without warrant for a longer period than under all the circumstances of the case is reasonable or, in the absence of a special order of a Magistrate under section 167 of the Code, detains an arrested person in custody for a period exceeding twenty-four hours shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand taka, or with both.",
"name": "Penalty for detention in custody beyond a certain period",
"related_acts": "",
"section_id": 56
},
{
"act_id": 692,
"details": "57. Any person who, not being a member of the Force, wears, without the permission of the Police Commissioner, the uniform of the Force or any dress having the appearance of that uniform, shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to two hundred taka, or with both.",
"name": "Penalty for unauthorised use of police uniform",
"related_acts": "",
"section_id": 57
},
{
"act_id": 692,
"details": "58. Whoever contravenes any regulation made under section 26 or any of the conditions of a licence or permission issued or granted under any such regulation shall be punishable with fine which may extend to two hundred taka.",
"name": "Penalty for contravention of regulations under section 26",
"related_acts": "",
"section_id": 58
},
{
"act_id": 692,
"details": "59. Whoever contravenes any direction given under section 28 shall be punishable with fine which may extend to five hundred taka.",
"name": "Penalty for contravention of directions under section 28",
"related_acts": "",
"section_id": 59
},
{
"act_id": 692,
"details": "60. Whoever contravenes any prohibition made under section 29 shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred taka, or with both.",
"name": "Penalty for contravention of prohibition under section 29",
"related_acts": "",
"section_id": 60
},
{
"act_id": 692,
"details": "61. Whoever contravenes any order made under section 30 shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred taka, or with both.",
"name": "Penalty for contravention of order under section 30",
"related_acts": "",
"section_id": 61
},
{
"act_id": 692,
"details": "62. Whoever contravenes any prohibition made under section 31 shall be punishable with fine which may extend to five hundred taka.",
"name": "Penalty for contravention of prohibition under section 31",
"related_acts": "",
"section_id": 62
},
{
"act_id": 692,
"details": "63. Whoever contravenes any order made under section 33 shall be punishable with fine which may extend to five hundred taka.",
"name": "Penalty for contravention of order under section 33",
"related_acts": "",
"section_id": 63
},
{
"act_id": 692,
"details": "64. Whoever contravenes any order made under sections 40, 41 or 42 shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand taka, or with both.",
"name": "Penalty for contravention of order under sections 40, 4 or 42",
"related_acts": "",
"section_id": 64
},
{
"act_id": 692,
"details": "65. Any person who in contravention of an order made under sections 40, 41 or 42 enters or returns without permission to the Metropolitan Area or enters or returns to the said Area with permission granted under section 47(2) but fails, contrary to the provisions thereof, to remove himself outside the said Area at the expiry of the period specified in the permission, shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to five thousand taka, or with both.",
"name": "Penalty for entering without permission",
"related_acts": "",
"section_id": 65
},
{
"act_id": 692,
"details": "66. Whoever fails to conform to any reasonable direction of a police-officer given in fulfilment of any of his duties under this Ordinance shall be punishable with fine which may extend to one hundred taka.",
"name": "Penalty for failure to conform to directions of police-officer",
"related_acts": "",
"section_id": 66
},
{
"act_id": 692,
"details": "67. Whoever, when driving a vehicle along the street, without sufficient reason fails to keep on the left side of such street and when passing any other vehicle proceeding on the same direction fails to keep on the right side of such vehicle or violates any traffic-regulation made by the Police Commissioner, shall be punishable with fine which may extend to two hundred taka.",
"name": "Penalty for wrong driving and violation of traffic-regulations",
"related_acts": "",
"section_id": 67
},
{
"act_id": 692,
"details": "68. Whoever leaves or parks any vehicle in any part of a street or public place where parking is prohibited by the Police Commissioner shall be punishable with fine which may extend to one hundred taka.",
"name": "Penalty for wrong parking",
"related_acts": "",
"section_id": 68
},
{
"act_id": 692,
"details": "69. Whoever drives, rides, leads, propels, or leaves on any footway any vehicle, other than a perambulator, so that the same can stand across or upon such footway, shall be punishable with fine which may extend to one hundred taka.",
"name": "Penalty for obstructing a footway",
"related_acts": "",
"section_id": 69
},
{
"act_id": 692,
"details": "70. Whoever causes obstruction in any street or public place- (a) \tby allowing any vehicle which has to be loaded or unloaded, or to take up or set down passengers, to remain or stand therein longer than may be necessary for such purposes; or (b)\tby leaving any vehicle standing therein; shall be punishable with fine which may extend to one hundred taka.",
"name": "Penalty for causing obstruction in street or public places",
"related_acts": "",
"section_id": 70
},
{
"act_id": 692,
"details": "71. Whoever, contrary to any regulation made by the Police Commissioner, exposes or sets out anything for sale in or on any stall, booth, board, basket or in any other manner in any street or public place, shall be punishable with fine which may extend to five hundred taka.",
"name": "Penalty for exposing anything for sale contrary to regulation",
"related_acts": "",
"section_id": 71
},
{
"act_id": 692,
"details": "72. Whoever in any street or public place- (a) negligently lets loose any animal so as to cause danger, injury, alarm or annoyance to any person or animal; or (b)\tsuffers a ferocious dog or other animal to be at large without a muzzle; or (c)\tsets on or urges a dog or other animal to attack, worry or put in fear any person or animal; shall be punishable with fine which may extend to five hundred taka.",
"name": "Penalty for letting loose any animal",
"related_acts": "",
"section_id": 72
},
{
"act_id": 692,
"details": "73. Whoever in any street or public place exposes for hire or sale any animal or vehicle or cleans any animal or vehicle, except at such times and places as the Police Commissioner may permit, shall be punishable with fine which may extend to one hundred taka.",
"name": "Penalty for exposing animal or vehicle for hire or sale, etc.",
"related_acts": "",
"section_id": 73
},
{
"act_id": 692,
"details": "74. Whoever in any street or public place makes any vehicle or part of a vehicle, or except when in the case of an accident repairing on the spot is unavoidable, repairs any vehicle or part of a vehicle, or carries on therein any manufacture or operation or work so as to be an impediment to traffic or annoyance to the public or neighbouring residents, shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand taka, or with both; and such vehicle shall be liable to be confiscated to the Government.",
"name": "Penalty for making or repairing vehicle in street or public place",
"related_acts": "",
"section_id": 74
},
{
"act_id": 692,
"details": "75. Whoever causes obstruction in any street or public place by keeping or storing building materials or other articles therein, shall be punishable with fine which may extend to two thousand taka, and such materials or articles shall be liable to be confiscated to the Government.",
"name": "Penalty for keeping or storing building materials or other articles in street or public place",
"related_acts": "",
"section_id": 75
},
{
"act_id": 692,
"details": "76. Whoever slaughters any animal or cleans a carcass or hide in or near to or within sight of a street or public place, except at a place set apart for the purpose by order of the Police Commissioner, shall be punishable with fine which may extend to five hundred taka.",
"name": "Penalty for slaughtering animal or cleaning a carcass",
"related_acts": "",
"section_id": 76
},
{
"act_id": 692,
"details": "77. Any person who in any street or public place or within sight of, and in such manner as to be seen or heard from, any street or public place, whether from within any house or building or not- (a)\tby words, gestures, or indecent personal exposure attracts or endeavours to attract attention for the purposes of prostitution; or (b)\tsolicits or molests any person for the purposes of prostitution; shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred taka, or with both.",
"name": "Penalty for soliciting for purposes of prostitution",
"related_acts": "",
"section_id": 77
},
{
"act_id": 692,
"details": "78. Whoever wilfully and indecently exposes his person in any street or public place or within sight of, and in such manner as may be seen from any street or public place whether from within any house or building or not, or uses indecent language or behaves indecently or riotously, or in a disorderly manner in a street or public place or in any office, station or landing place, shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred taka, or with both.",
"name": "Penalty for indecent behaviour in public",
"related_acts": "",
"section_id": 78
},
{
"act_id": 692,
"details": "79. Whoever wilfully and indecently exposes his person in any street or public place within sight of, and in such manner as may be seen by, any woman, whether from within any house or building or not, or wilfully presses or obstructs any woman in a street or public place or insults or annoys any woman by using indecent language or making indecent sounds, gestures or remarks in any street or public place, shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand taka, or with both.",
"name": "Penalty for teasing women",
"related_acts": "",
"section_id": 79
},
{
"act_id": 692,
"details": "80. Whoever wilfully puts, presses, hustles or obstructs any passenger in any street or public place, or by violent movement, menacing gestures, screaming, shouting, wilfully frightening any animal or otherwise disturbs the public peace and order, shall be punishable with fine which may extend to two hundred taka.",
"name": "Penalty for obstructing or annoying passengers in streets",
"related_acts": "",
"section_id": 80
},
{
"act_id": 692,
"details": "81. Whoever uses in any street or public place any threatening, abusive or insulting words with intent to provoke a breach of the peace or whereby a breach of the peace may be occasioned, shall be punishable with fine which may extend to two hundred taka.",
"name": "Penalty for misbehaviour with intent to provoke a breach of peace",
"related_acts": "",
"section_id": 81
},
{
"act_id": 692,
"details": "82. Whoever exhibits, contrary to any regulation made by the Police Commissioner, any mimetic, musical or other performance of a nature which may attract crowd, or carries or places bulky advertisements, pictures, figures or emblems in any street or public place whereby an obstruction to passengers or annoyance to the neighbouring residents may be occasioned, shall be punishable with fine which may extend to two hundred taka.",
"name": "Penalty for exhibiting mimetic, musical or other performance, etc.",
"related_acts": "",
"section_id": 82
},
{
"act_id": 692,
"details": "83. Whoever in or near to any street or public place commits a nuisance by easing himself, or suffers any child in his care or custody under seven years of age to commit such nuisance or spits or throws any litter, refuse or rubbish so as to cause annoyance to any passer-by, shall be punishable with fine which may extend to two hundred taka.",
"name": "Penalty for committing nuisance in or near street, etc.",
"related_acts": "",
"section_id": 83
},
{
"act_id": 692,
"details": "84. Whoever in any street or public place begs or applies for alms, or exposes or exhibits any sores, wounds, bodily ailments or deformity with the object of exciting charity or obtaining alms, shall be punishable with imprisonment for a term which may extend to one month.",
"name": "Penalty for begging and exposing offensive ailments",
"related_acts": "",
"section_id": 84
},
{
"act_id": 692,
"details": "85. Whoever bathes or washes in or by the side of a public well, tank, pond, pool or reservoir not set apart for such purpose by order of the Police Commissioner shall be punishable with fine which may extend to two hundred taka.",
"name": "Penalty for bathing or washing in places not set apart for the purpose",
"related_acts": "",
"section_id": 85
},
{
"act_id": 692,
"details": "86. Whoever in any building or place occupied by Government or by any local authority smokes or spits in contravention of a notice affixed to such building or place by the person in charge of such building or place, shall be punishable with fine which may extend to one hundred taka.",
"name": "Penalty for smoking and spitting in contravention of a notice",
"related_acts": "",
"section_id": 86
},
{
"act_id": 692,
"details": "87. Whoever without satisfactory excuse wilfully enters or remains in or upon any dwelling house or premises or any land or ground attached thereto, or any ground, building monument or structure belonging to Government or appropriated to public purposes, or any boat, vessel or vehicle, shall, whether he causes any damage or not, be punishable with fine which may extend to one hundred taka.",
"name": "Penalty for wilful trespass",
"related_acts": "",
"section_id": 87
},
{
"act_id": 692,
"details": "88. Whoever knowingly gives or cause to be given a false alarm of fire to the fire-brigade or to any officer or firemen thereof, whether by means of a street fire-alarm, message or otherwise, or, with intent to give such false alarm, wilfully breaks the glass of, or otherwise damages, a street fire-alarm, shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred taka, or with both.",
"name": "Penalty for false alarm of fire or damage to fire alarm",
"related_acts": "",
"section_id": 88
},
{
"act_id": 692,
"details": "89. Whoever is found between sunset and sunrise- (a)\tarmed without any satisfactory excuse with any dangerous instruments; or (b)\thaving without any satisfactory excuse his face covered or otherwise disguised; or (c) \tin any dwelling house or other building, or on board any vessel or boat or in any vehicle without being able satisfactorily to account for his presence there; or (d)\tlying or loitering in any street, yard or other place without being able to give a satisfactory account of himself; or (e)\thaving in his possession without satisfactory excuse any implement of house-breaking; shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand taka, or with both.",
"name": "Penalty for being found under suspicious circumstances between sunset and sunrise",
"related_acts": "",
"section_id": 89
},
{
"act_id": 692,
"details": "90. Whoever, not being a police-officer or a member of any Defence Force or of the Bangladesh Rifles and acting as such, goes armed with sword, firearm or other offensive weapon or with any explosive or corrosive substance in any street or public place unless so authorised by lawful authority, shall be liable to be disarmed by any police-officer and the weapon or substance so seized shall be forfeited to the Government, unless redeemed within one month on payment of such fine not exceeding one thousand taka as the Police Commissioner may impose.",
"name": "Penalty for carrying weapon without authority",
"related_acts": "",
"section_id": 90
},
{
"act_id": 692,
"details": "91. Whoever has in his possession, or conveys in any manner, or offers for sale or pawn, anything which there is reason to believe to have been stolen or fraudulently obtained, shall, if he fails to account for such possession, be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand taka, or with both.",
"name": "Penalty for possession of property of which no satisfactory account can be given",
"related_acts": "",
"section_id": 91
},
{
"act_id": 692,
"details": "92. Whoever takes or attempts to take any spirituous or fermented liquor or intoxicating drugs or preparations into any public hospital or jail without the permission of the person in charge of such hospital or jail, or into any barracks or buildings occupied by the members of any disciplined force or into any educational institution, shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred taka, or with both; and such spirits, liquors, drugs or preparations shall be forfeited to the Government.",
"name": "Penalty for taking liquor, etc., into hospital, etc.",
"related_acts": "",
"section_id": 92
},
{
"act_id": 692,
"details": "93. Whoever, being a pawn-broker, dealer in second-hand property or worker in metals, having received from any police-officer information regarding any property stolen or fraudulently obtained, comes into the possession of, or is offered in pawn or for sale, exchange or alteration, any property answering the description set forth in such information fails, without unnecessary delay, to give information to the effect at the nearest police-station and also to state the name and address of the person from whom the possession or offer was received, shall be punishable with fine which may extend to two hundred taka.",
"name": "Penalty for omission by pawn-brokers, etc., to report to police possession of stolen property",
"related_acts": "",
"section_id": 93
},
{
"act_id": 692,
"details": "94. Whoever, having received such information as is referred to in section 93, alters, melts, defaces or puts away or causes or suffers to be altered, melted, defaced or put away, without the previous permission of the police, any such property, shall on proof that the same was stolen or fraudulently obtained, be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand taka, or with both.",
"name": "Penalty for melting, etc., of such property",
"related_acts": "",
"section_id": 94
},
{
"act_id": 692,
"details": "95. Whoever assembles with others in a street or public place for the purpose of gambling or wagering or joins any such assembly, shall be punishable with fine which may extend to one hundred taka.",
"name": "Penalty for gambling in street",
"related_acts": "",
"section_id": 95
},
{
"act_id": 692,
"details": "96. \tWhoever, being the keeper of any place of public amusement or entertainment, knowingly permits drunkenness or other disorderly behaviour or any gaming whatsoever in such place, shall be punishable with fine which may extend to two hundred taka.",
"name": "Penalty for permitting disorderly conduct at places of public amusement",
"related_acts": "",
"section_id": 96
},
{
"act_id": 692,
"details": "97. Whoever sells or offers for sale any ticket once issued for admission as spectator to any place of public amusement at a price higher than the price at which such ticket was originally issued shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred taka, or with both.",
"name": "Penalty for selling admission tickets at higher price",
"related_acts": "",
"section_id": 97
},
{
"act_id": 692,
"details": "98. Whoever allows any cattle, which are his property or in his charge, to stray in any street or to trespass upon any property, shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred taka, or with both.",
"name": "Penalty for allowing cattle to stray in street or trespass upon property",
"related_acts": "",
"section_id": 98
},
{
"act_id": 692,
"details": "99. Whoever without the consent of the owner or occupier, affixes any bill, notice or paper against or upon any building, wall, tree, fence, post, pole or other erection with chalk, ink or paint or in any manner whatsoever, shall be punishable with fine which may extend to two hundred taka.",
"name": "Penalty for affixing bills or otherwise defacing building, etc.",
"related_acts": "",
"section_id": 99
},
{
"act_id": 692,
"details": "100. Whoever sets fire to or burns any straw or other matter, or lights any bonfire, or wantonly discharges any fire-arm or airgun, lets off or throws any fire-work, in or near any street or public place except at such times and places as may, from time to time, be allowed by the Police Commissioner, shall be punishable with fine which may extend to one hundred taka.",
"name": "Penalty for lighting fires, discharging guns or letting off fire-works",
"related_acts": "",
"section_id": 100
},
{
"act_id": 692,
"details": "101. Any person who abets the commission of any offence punishable under this Ordinance shall be deemed to have committed that offence.",
"name": "Abetment of offences",
"related_acts": "",
"section_id": 101
},
{
"act_id": 692,
"details": "102. If the person committing an offence punishable under this Ordinance is a firm, company or other body corporate, every partner, director, manager, secretary or other officer or agent thereof shall, unless he proves that the commission took place without his knowledge or that he exercised all due diligence to prevent such commission, be deemed to be guilty of such commission.",
"name": "Offences committed by firms, etc.",
"related_acts": "",
"section_id": 102
},
{
"act_id": 692,
"details": "103. (1) No Court shall take cognizance of an offence, other than an offence specified in sub-section (2), punishable under this Ordinance except upon a report in writing made by a police-officer. (2) A Court may take cognizance of an offence punishable under section 49, 50, 51, 52, 53, 54 or 55 either of its own motion or on a complaint made by any person or upon a report in writing made by a police-officer.",
"name": "Cognizance of Offences",
"related_acts": "",
"section_id": 103
},
{
"act_id": 692,
"details": "104. Any police-officer may arrest without warrant any person committing in his presence or within his views any offence punishable under this Ordinance or under any other law for the time being in force. Explanation.- Nothing in this section shall be construed as restricting the exercise by any police-officer of any power of arrest conferred upon him by any other law.",
"name": "Power of arrest without warrant",
"related_acts": "",
"section_id": 104
},
{
"act_id": 692,
"details": "105. (1) A Court taking cognizance of an offence punishable under section 58, 59, 62, 63, 66, 71, 72, 73, 74, 75, 76, 80, 81, 82, 83, 85, 86, 87, 95, 96, 97, 99 or 100 may state in the summons to be served on the accused person that he may, by a specified date prior to the hearing of the charge, plead guilty to the charge by registered letter and remit to the Court such sum, not exceeding one-fourth of the amount of fine specified for such offence, as the Court may specify. (2) Where an accused person pleads guilty and remits the sum specified, no further proceeding in respect of the offence shall be taken against him.",
"name": "Disposal of certain specified cases",
"related_acts": "",
"section_id": 105
},
{
"act_id": 692,
"details": "106. (1) If a police-officer, not below such rank as the Police Commissioner may by public notice specify, finds that an offence punishable under section 67, 68, 69 or 70 has been committed, he may give the person who has committed the offence or, when such person is not available, affix on the body of the vehicle in respect of which the offence has been committed, a notice in the prescribed form specifying- (a)\tthe offence committed by such person; (b)\tthe penalty, not exceeding fifty taka, in the case of a motor vehicle and ten taka, in any other case, which he is to pay; and (c)\tthe date on which he is to appear before the Magistrate and pay the penalty. (2) If such person appears before the Magistrate and pays the penalty on the specified date, no further proceeding in respect of the offence committed by him shall be taken against him. (3) If such person fails to appear before the Magistrate and pay the penalty on the specified date or does not show any cause to the satisfaction of the Magistrate for such failure, the penalty shall be realised from him in the same manner in which a fine imposed by a Magistrate may be realised as if it were a fine imposed by a Magistrate under this Ordinance. (4) If such person appears before the Magistrate on the specified date but denies to have committed the offence specified in the notice, the Magistrate shall take cognizance of the offence specified in the notice, treating the notice to be a report in writing made by the police-officer who wrote it, and proceed with the case in accordance with the other provisions of this Ordinance, and in the trial of the case the burden shall lie upon such person to prove that he has not committed such offence. (5) The provisions of this section shall have effect notwithstanding anything contained in this Ordinance or in any other law for the time being in force.",
"name": "Power of police-officer to impose penalty in certain cases",
"related_acts": "",
"section_id": 106
},
{
"act_id": 692,
"details": "107. Nothing in this Ordinance shall be construed to prevent any person from being prosecuted and punished under any other law for any offence made punishable by this Ordinance or from being prosecuted and punished under this Ordinance for an offence punishable under any other law: Provided that all such cases shall be subject to the provisions of section 403 of the Code.",
"name": "Prosecution for offences under other laws not affected",
"related_acts": "",
"section_id": 107
},
{
"act_id": 692,
"details": "108. No regulation, order, direction, inquiry or notice made or published and no act done under any provision of this Ordinance or of any rule or regulation made thereunder shall be deemed illegal, void, invalid or insufficient by reason of any defect of form or any irregularity of procedure.",
"name": "Regulations, orders, etc., not invalidated by defect of form or irregularity in procedure",
"related_acts": "",
"section_id": 108
},
{
"act_id": 692,
"details": "109. No police-officer shall be liable to any penalty or to payment of any damage on account of an act done in good faith in pursuance or intended pursuance of any duty imposed or any authority conferred on him by any provision of this Ordinance or any other law for the time being in force or any rule, regulation, order or direction made or given thereunder.",
"name": "Indemnity",
"related_acts": "",
"section_id": 109
},
{
"act_id": 692,
"details": "110. Notwithstanding anything contained in any other law for the time being in force, any legal proceeding, whether civil or criminal, which may lawfully be brought against any police-officer for anything done or intended to be done under any provision of this Ordinance or of the rules, regulations or orders made thereunder, shall be commenced within six months after the act complained of has been committed, and a notice, in writing, of such proceeding and of the cause thereof shall be given to the police-officer concerned and his superior officer at least one month before the commencement of such proceeding.",
"name": "Limitation of legal proceedings",
"related_acts": "",
"section_id": 110
},
{
"act_id": 692,
"details": "111. Any public notice required to be given under any of the provisions of this Ordinance shall be in writing, shall be signed by the Police Commissioner, and shall be published in the locality to be affected thereby by affixing copies thereof in conspicuous public places, or by proclaiming the same with beat of drums or by advertising the same in such local newspaper as the Police Commissioner may deem fit, or by any two or more of these means and by any other means he may think suitable.",
"name": "Public notices how to be given",
"related_acts": "",
"section_id": 111
},
{
"act_id": 692,
"details": "112. Every licence, written permission, notice or other document, not being a summons or warrant, required by this Ordinance or by any rule or regulation made thereunder to bear the signature of the Police Commissioner shall be deemed to be properly signed if it bears a facsimile of his signature stamped thereon.",
"name": "Stamping of signature",
"related_acts": "",
"section_id": 112
},
{
"act_id": 692,
"details": "113. The Government may, by notification in official Gazette, include within the limits of the Metropolitan Area any area adjacent thereto or exclude from the limits of the Metropolitan Area any area comprised therewith.",
"name": "Power of Government to include or exclude areas in or from Metropolitan Area",
"related_acts": "",
"section_id": 113
},
{
"act_id": 692,
"details": "114. The Government may, by notification in the official Gazette, make rules for carrying out the purpose of this Ordinance.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 114
},
{
"act_id": 692,
"details": "115. The laws specified in column 3 of Schedule III shall be amended in the manner specified in column 4 of that Schedule.",
"name": "Amendment of certain laws",
"related_acts": "",
"section_id": 115
}
],
"text": "An Ordinance to provide for the constitution of a separate police-force for the Khulna Metropolitan Area and for the regulation thereof; WHEREAS it is expedient to provide for the constitution of a separate police-force for the Khulna Metropolitan Area and for the regulation thereof and for matters connected therewith or ancillary thereto; NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 693,
"lower_text": [
"1 The figures, words and comma “31 day of October, 1988” were substituted for the figures, words and comma “31st day of July, 1988” by section 2 of the Abandoned Buildings (Supplementary Provisions) (Amendment) Act, 1989 (Act No. VII of 1989).",
"2 The figures, words and comma “31 day of October, 1988” were substituted for the figures, words and comma “31st day of July, 1988” by section 2 of the Abandoned Buildings (Supplementary Provisions) (Amendment) Act, 1989 (Act No. VII of 1989).",
"3 The words, figures and commas “commencement of this Ordinance and before the 30th day of September, 1988, publish, from time to time, in the official Gazette” were substituted for the figures, words and commas “31st day of March, 1986, and before the 30th day of September, 1986, publish in the official Gazette” by section 3 of the Abandoned Buildings (Supplementary Provisions) (Amendment) Act, 1988 (Act No. XII of 1988).",
"4 The figures, words and commas “31st day of December, 1988,” were substituted for the figures, words and commas “30th day of September, 1988,” by section 3 of the Abandoned Buildings (Supplementary Provisions) (Amendment) Act, 1989 (Act No. VII of 1989).",
"5 The words “lists of” were substituted for the words “a list of” by section 3 of the Abandoned Buildings (Supplementary Provisions) (Amendment) Act, 1988 (Act No. XII of 1988).",
"6 The words “lists of buildings in respect of which notices” were substituted for the words “a list of buildings in respect of which notice” by section 3 of the Abandoned Buildings (Supplementary Provisions) (Amendment) Act, 1989 (Act No. XII of 1988).",
"7 Clause (a) was substituted by section 4 of the Abandoned Buildings (Supplementary Provisions) (Amendment) Act, 1988 (Act No. XII of 1988).",
"8 The words “one year” were substituted for the words “ninety days” by section 3 of the Abandoned Buildings (Supplementary Provisions) (Amendment) Ordinance, 1986 (Ordinance No. LXV of 1986)."
],
"name": "The Abandoned Buildings (Supplementary Provisions) Ordinance, 1985",
"num_of_sections": 12,
"published_date": "28th November, 1985",
"related_act": [
693,
86
],
"repelled": true,
"sections": [
{
"act_id": 693,
"details": "1. This Ordinance may be called the Abandoned Buildings (Supplementary Provisions) Ordinance, 1985.",
"name": "Short title",
"related_acts": "693",
"section_id": 1
},
{
"act_id": 693,
"details": "2.\tIn this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“building” means any residential or other building or structure of any kind in an urban area and includes the land adjunct thereto, and the court-yard, tank, place of worship and private burial or cremation ground appertaining to such building; (b)\t“Court of Settlement” means a Court of Settlement constituted under this Ordinance; (c)\t“President's Order” means the Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972 (P.O. No. 16 of 1972).",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 693,
"details": "3.\tThe provisions of this Ordinance shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.",
"name": "Ordinance to override other laws",
"related_acts": "",
"section_id": 3
},
{
"act_id": 693,
"details": "4.\tNotwithstanding anything contained in the President's Order,- (a)\tno notice for surrendering or taking possession of any building as abandoned property shall be issued under the said Order after the 131st day of October, 1988; (b)\tno building shall be taken possession of as abandoned property under the said Order except- (i)\tin pursuance of a notice in any form issued thereunder at any time before the 231st day of October, 1988; or (ii)\t where no such notice is issued in respect of a building, in execution of a decree or order passed by a Court in a suit filed by the Government after the aforesaid date.",
"name": "Possession of building by notice after certain date prohibited",
"related_acts": "",
"section_id": 4
},
{
"act_id": 693,
"details": "5.\t (1) The Government shall, after the 3commencement of this Ordinance and before the 431st day of December, 1988, publish, from time to time, in the official Gazette,- (a) 5lists of buildings the possession of which have been taken as abandoned property under the President's Order; (b)\t 6lists of buildings in respect of which notices for surrendering or taking possession as abandoned property under the said Order have been issued: Provided that no such list shall include any building in respect of which- (a)\tany decree or order has been passed, at any time before the publication of the list in the official Gazette, by any Court declaring the building not to be an abandoned property or not to have vested in the Government under the President's Order or declaring the possession by the Government of the building as an abandoned property under that Order to be illegal or invalid or directing the Government or any officer or authority subordinate to it to return, restore or transfer the building to any person, or (b)\ta suit, appeal, application or other legal proceeding is pending before any Court, immediately before the date of publication of the list in the official Gazette, in which the vesting in, or possession of, the Government of the building as abandoned property under the President's Order has been called in question in any manner whatsoever or any prayer has been made for return, restoration or transfer of the building by the Government or by any officer or authority subordinate to it to any person. (2) The lists published under sub-section (1) shall be conclusive evidence of the fact that the buildings included therein are abandoned property and have vested in the Government as such.",
"name": "Publication of lists of buildings",
"related_acts": "",
"section_id": 5
},
{
"act_id": 693,
"details": "6.\tSave as otherwise provided in this Ordinance, no suit or other legal proceedings shall lie before any Court for- 7(a)\tspecific performance of contract in respect of any building the possession of which has been taken by the Government as abandoned property under the President's Order or in respect of which notice for taking possession by the Government as abandoned property under that Order has been issued, or (b) \ta declaration that a building is not an abandoned property and has not vested in the Government under the President's Order or the right or interest of any person in any building has not been affected by the provisions of that Order, or (c)\ta direction to the Government or to any officer or authority subordinate to it to restore, return or transfer any building the possession of which has been taken by the Government as abandoned property under that Order to any person.",
"name": "No suit to lie in respect of certain buildings",
"related_acts": "",
"section_id": 6
},
{
"act_id": 693,
"details": "7. (1) Any person claiming any right or interest in any building which is included in any list published under section 5 may, within a period of one hundred and eight days from the date of publication of the list in the official Gazette, make an application to the Court of Settlement for exclusion of the building from such list or return or restoration of the building to him or for any other relief on the ground that the building is not an abandoned property and has not vested in the Government under the President's Order or that his right or interest in the building has not been affected by the provisions of that Order. (2)\tThe application under sub-section (1) shall be delivered to such officer or authority as the Government may, from time to time, direct.",
"name": "Persons claiming interest in certain buildings to apply to the Court of Settlement",
"related_acts": "",
"section_id": 7
},
{
"act_id": 693,
"details": "8.\t(1) An application under section 7 shall contain the following particulars, namely,- (a)\tname, description, citizenship and place of residence of the applicant; (b)\tdate and place of birth of the applicant; (c)\tfull particulars of the building in respect of which any right or interest is claimed by the applicant; (d)\tdate, if known, on which the possession of the building was first taken by the Government; (e)\tperiod for which the applicant is not in possession of the building; (f)\toccupation and residence of the applicant immediately before the commencement of the President's Order and during the period from such commencement till the making of the application; (g)\tname and description of the person in possession of the building immediately before the commencement of the President's Order; (h)\tname and description of the person in possession of the building immediately before the possession is taken by the Government under the President's Order; (i)\taction taken by the applicant for protecting his right or interest or getting back the possession of the building; (j)\tbrief statement in support of the claim of the applicant; (k)\trelief claimed by the applicant; and (l)\tany other matter relevant to the relief claimed. (2)\tThe application shall be accompanied by all the documents, or the photostat or true copies thereof, on which the applicant relies as evidence in support of his claim.",
"name": "Contents of application",
"related_acts": "",
"section_id": 8
},
{
"act_id": 693,
"details": "9. (1) The Government shall, by notification in the official Gazette, establish one or more Courts of Settlement for such area or areas as may be specified therein for the purposes of this Ordinance. (2)\tThe Court of Settlement shall consist of a Chairman and two other members who shall be appointed by the Government. (3)\tThe Chairman shall be a person who is, or has been, or is qualified to be, a Judge or Additional Judge of the Supreme Court and of the two other members, one shall be a person who is or has been a judicial officer not below the rank of Additional District Judge and the other, a person who is or has been an officer in the service of the Republic not below the rank of Deputy Secretary to the Government.",
"name": "Court of Settlement",
"related_acts": "",
"section_id": 9
},
{
"act_id": 693,
"details": "10.\t(1) Except as otherwise provided in this Ordinance, the provisions of the Code of Civil Procedure, 1908 (Act V of 1908), shall not apply to a Court of Settlement. (2) For the purpose of hearing an application, a Court of Settlement shall have all the powers of a Civil Court, while trying a suit under the Code of Civil Procedure, 1908 (Act V of 1908), in respect of the following matters, namely:- (a)\tsummoning and enforcing the attendance of any person and examining him on oath; (b) \trequiring the discovery and production of any document; (c)\trequiring evidence on affidavit; (d)\trequisitioning any public record or copy thereof from any office; and (e) \tissuing commissions for the examination of witnesses or document. (3)\tAny proceeding before a Court of Settlement shall be deemed to be a judicial proceeding within the meaning of section 193 of the Penal Code (Act XLV of 1860). (4)\tA Court of Settlement shall hold its sittings at such place or places as the Government may fix. (5)\tA Court of Settlement shall, after such enquiry as it may deem necessary and after giving reasonable opportunity to the parties concerned of being heard and also adducing evidence, both oral and documentary, if any, make such decision on the prayer of the applicant as it deems fit. (6) The decision of the Court of Settlement shall be final and shall be binding on all parties concerned and shall not be called in question in any other Court. (7) No appeal shall lie from any order or decision of the Court of Settlement to any other Court or authority.",
"name": "Power and procedure of Court of Settlement",
"related_acts": "86,86",
"section_id": 10
},
{
"act_id": 693,
"details": "11.\tAny person aggrieved by an order or decree passed ex-parte against him by any Court, at any time before the commencement of this Ordinance, may, notwithstanding the expiration of the period of limitation prescribed therefore by or under any law, apply, within 8one year from such commencement, to the Court by which the order or decree was passed for an order to set it aside and the provisions of rules 13, 14 and 15 of Order IX of the Code of Civil Procedure, 1908 (Act V of 1908), shall apply to such application: Provided that nothing in this section shall apply where- (i) \tthe order or decree of the Court has been duly executed; or (ii)\tan appeal or other legal proceeding was preferred or started for setting aside the order or decree before the commencement of this Ordinance.",
"name": "Extension of period of limitation in certain cases",
"related_acts": "86",
"section_id": 11
},
{
"act_id": 693,
"details": "12.\tThe provisions of this Ordinance shall not limit, restrict or otherwise affect the right, power or authority of the Government to transfer or in any manner dispose of any building included in any list published under section 5.",
"name": "12.\tOrdinance not to affect certain rights, etc., of the Government",
"related_acts": "",
"section_id": 12
}
],
"text": "An Ordinance to make certain supplementary provisions relating to abandoned buildings. WHEREAS it is expedient to make certain supplementary provisions relating to abandoned buildings; NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 694,
"lower_text": [],
"name": "The Chittagong Shahi Jame Masjid Ordinance, 1986",
"num_of_sections": 8,
"published_date": "7th January, 1986",
"related_act": [
619,
492,
694
],
"repelled": true,
"sections": [
{
"act_id": 694,
"details": "1. This Ordinance may be called the Chittagong Shahi Jame Masjid Ordinance, 1986.",
"name": "Short title",
"related_acts": "694",
"section_id": 1
},
{
"act_id": 694,
"details": "2. The provisions of this Ordinance shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any waqf, trust, agreement, deed or other instrument.",
"name": "Ordinance to override other laws, etc.",
"related_acts": "",
"section_id": 2
},
{
"act_id": 694,
"details": "3. On the commencement of this Ordinance, - (a) the Management Committee, by whatever name called, hereinafter referred to as the said Committee, managing the affairs and business of the mosque, known as the Shahi Jame Masjid, Anderkilla, Chittagong, hereinafter referred to as the Shahi Jame Masjid shall stand dissolved; (b) all assets, rights, powers, authorities and privileges, and all properties, movable and immovable, cash and bank balances and investments and all other rights and interests in, or arising out of, such property of the said Committee shall stand transferred to, and vest in, the Islamic Foundation established under the Islamic Foundation Act, 1975 (XVІІ of 1975), hereinafter referred to as the Foundation ; (c) all debts, liabilities and obligations incurred, contracts entered into, rights acquired and all matters and things engaged to be done by, with or for the said Committee before such commencement, shall be deemed to have been incurred, entered into, acquired or engaged to be done by, with or for the Foundation; (d) all employees of the said Committee shall stand transferred to the Foundation and shall serve the Foundation on the same terms and conditions as were applicable to them before such commencement till they are altered by the Foundation; (e) all suits and other legal proceedings instituted by or against the said Committee before such commencement shall be deemed to be suits and proceedings by or against the Foundation and shall be proceeded or otherwise dealt with accordingly.",
"name": "Dissolution of the Shahi Jame Masjid Management Committee, etc.",
"related_acts": "492",
"section_id": 3
},
{
"act_id": 694,
"details": "4. (1) On the commencement of this Ordinance, the immovable properties described in the Schedule, other than those mentioned in section 5, together with all buildings, structures or erections standing thereon, shall stand acquired for the purpose of the Shahi Jame Masjid, and transferred to and vest in the Foundation. (2) The Government shall pay compensation for the properties acquired under sub-section (1) to such persons as would be entitled to claim such compensation had the property been acquired under the Acquisition and Requisition of Immovable Property Ordinance, 1982 (ІІ of 1982), hereinafter referred to as the said Ordinance. (3) The amount of compensation payable under sub-section (2) shall be determined by the Deputy Commissioner and, in determining such amount, the Deputy Commissioner shall, as far as possible, follow the same procedure and principle as are applicable to the determination of the amount of compensation to be awarded for any property acquired under the said Ordinance. (4) Any person aggrieved by a decision of the Deputy Commissioner in respect of the amount of compensation or the apportionment thereof or the entitlement thereto may, within sixty days from the date of receipt of the decision make an application to the Arbitrator appointed under Part ІV of the said Ordinance for revision of the decision and the provisions of that Part shall, as far as possible, apply to such application.",
"name": "Acquisition of certain properties for the Shahi Jame Masjid",
"related_acts": "619",
"section_id": 4
},
{
"act_id": 694,
"details": "5. (1) Notwithstanding any judgment, decree, direction, order or declaration of any Court, all actions, including all notices, notifications and orders, taken or purporting to have been taken by the Government or by any officer or authority subordinate to it for the acquisition of any of the properties described in the Schedule under the said Ordinance or under any other law relating to acquisition of immovable property and the property so acquired before the commencement of this Ordinance shall be deemed always to have been validly taken or acquired and no such action or acquisition shall be called in question in or before any Court. (2) All suits and appeals pending, immediately before the commencement of this Ordinance, in any Court in which any action or acquisition mentioned in sub-section (1) has been called in question shall, on such commencement, stand abated and shall not be proceeded with. (3) Any of the properties described in the Schedule acquired by the Government or by any officer or authority subordinate to it before the commencement of this Ordinance shall, on such commencement, stand transferred to and vest in the Foundation.",
"name": "Validation of certain acquisition, etc.",
"related_acts": "",
"section_id": 5
},
{
"act_id": 694,
"details": "6. (1) Every person who has in his possession, custody or control any asset or property acquired, or transferred to and vested in the Foundation, under this Ordinance, including any book of account, documents or other papers relating thereto, shall be liable to account for such asset or property and shall deliver the same to the Foundation or to an officer authorised by it in this behalf. (2) Without prejudice to the provisions of sub-section (1), the Government or the Foundation may take such steps as may be necessary to take possession or assume control of the assets and properties referred to in sub-section (1), and for the purpose of taking such possession or assuming such control, such force may be used as may be necessary.",
"name": "Delivery of possession of asset and property",
"related_acts": "",
"section_id": 6
},
{
"act_id": 694,
"details": "7. Any person who- (a)\twrongfully obtains possession of or retains, or, having in his possession, custody or control, wrongfully withholds, any asset or property acquired, or transferred to and vested in the Foundation, under this Ordinance, (b)\thaving in his possession, custody or control any book of account, documents or papers relating to such asset or property willfully withholds or fails to furnish or deliver the same to the Foundation or the officer authorised by it in this behalf, shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both.",
"name": "Penalty",
"related_acts": "",
"section_id": 7
},
{
"act_id": 694,
"details": "8. (1) The Foundation shall be responsible for the management, maintenance and development of the Shahi Jame Masjid and its properties. (2) The assets and properties acquired, or transferred to and vested in the Foundation, under this Ordinance and the income accruing therefrom shall vest in, and be held by, the Foundation for the purposes of the Shahi Jame Masjid. (3) The Foundation may acquire, hold or dispose of any property for and on behalf of the Shahi Jame Masjid, and may also dispose of, by transfer or otherwise, any asset or property acquired, or transferred to and vested in the Foundation, under this Ordinance, if such disposal is necessary for the purposes or in the interest of the Shahi Jame Masjid. (4) The Foundation shall maintain separate account in respect of the income and expenditure of the Shahi Jame Masjid. (5) The Foundation may utilise the income accruing from the assets and properties of the Shahi Jame Masjid for the purpose of management, maintenance and development of Shahi Jame Masjid. (6) Notwithstanding anything contained in this section, the Foundation may also utilise the assets, properties and income of the Shahi Jame Masjid for the performance of any of its functions under section 11 of the Islamic Foundation Act,1975 (XVІІ of 1975), if, in its opinion, such utilisation will not be prejudicial to the interest of the Shahi Jame Masjid",
"name": "Management and maintenance of the Shahi Jame Masjid and its properties",
"related_acts": "",
"section_id": 8
}
],
"text": "An Ordinance to provide for the better management and maintenance of the Shahi Jame Masjid, Chittagong. WHEREAS it is expedient to provide for the better management and maintenance of the Shahi Jame Masjid, Chittagong; NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance: -"
} |
{
"id": 695,
"lower_text": [],
"name": "The Official Vehicles (Regulation of Use) Ordinance, 1986",
"num_of_sections": 5,
"published_date": "15th February, 1986",
"related_act": [
654,
695
],
"repelled": true,
"sections": [
{
"act_id": 695,
"details": "1. This Ordinance may be called the Official Vehicles (Regulation of Use) Ordinance, 1986.",
"name": "Short title",
"related_acts": "695",
"section_id": 1
},
{
"act_id": 695,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a) “official vehicle” means a vehicle belonging to, or provided by, the Government or a local authority; (b)\t“public servant” means a person in the service of the republic or of a local authority; (c)\t“vehicle” means a motor vehicle as defined in the Motor Vehicles Ordinance, 1983 (LV of 1983).",
"name": "Definitions",
"related_acts": "654",
"section_id": 2
},
{
"act_id": 695,
"details": "3. (1) The Government may, by notification in the official Gazette, make such rules as appear to it to be necessary or expedient for preventing the misuse of official vehicle by public servants. (2) Without prejudice to the generality of the foregoing powers, such rules may provide for- (a)\tinspection and checking of official vehicles by such person or authority and in such manner as may be specified in the rules; (b)\timposition by the authority by which an official vehicle is allotted or by such other authority as may be specified in the rules of such penalty, not exceeding the value of the vehicle, as may be specified in the rules for the contravention of any provision of the rules; (c)\tthe manner in which a penalty may be imposed and realised under the rules. (3) Without prejudice to the provisions of this Ordinance or the rules made thereunder, the contravention of any provision of such rules shall be deemed to be a misconduct punishable under any law relating to the discipline of the public servant concerned.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 3
},
{
"act_id": 695,
"details": "4. Any rule made under this Ordinance shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force other than this Ordinance or in any instrument or document.",
"name": "Effect of rules inconsistent with other laws",
"related_acts": "",
"section_id": 4
},
{
"act_id": 695,
"details": "5. The Government may, by general or special order to be notified in the official Gazette, exempt any public servant or class of public servants from the operation of all or any of the provisions of the rules made under this Ordinance.",
"name": "Exemption",
"related_acts": "",
"section_id": 5
}
],
"text": "An Ordinance to provide for the regulation of the use of official vehicles. WHEREAS it is expedient to provide for the regulation of the use of official vehicles and for matters connected herewith; NOW, THEREFORE, in pursuance of the Proclamation of the 24th March,1982, and in exercise of all powers enabling him in that behalf, the President is pleased to make and regulate the following Ordinance:-"
} |
{
"id": 696,
"lower_text": [],
"name": "The Drugs (Supplementary Provisions) Ordinance, 1986",
"num_of_sections": 5,
"published_date": "2nd March, 1986",
"related_act": [
696,
623
],
"repelled": false,
"sections": [
{
"act_id": 696,
"details": "1. This Ordinance may be called the Drugs (Supplementary Provisions) Ordinance, 1986.",
"name": "Short title",
"related_acts": "696",
"section_id": 1
},
{
"act_id": 696,
"details": "2. (1) Notwithstanding anything contained in section 8(2)(a) of the Drugs (Control) Ordinance, 1982 (VΙΙΙ of 1982), hereinafter referred to as the said Ordinance, all medicines which were required to be destroyed under that section but have not been destroyed for any reason may, with the prior permission of the Government, be exported outside the country within a period of three months from the date of commencement of this Ordinance. (2) All medicines which may be exported under sub-section (1) but are not exported within the period specified therein shall stand forfeited to the Government and may be disposed of by the Government in such manner as it deems fit.",
"name": "Export of certain medicines",
"related_acts": "623",
"section_id": 2
},
{
"act_id": 696,
"details": "3.\tAny person in possession of medicines, which were required to be destroyed under section 8 (2)(a) of the said Ordinance, but which have neither been destroyed thereunder nor exported under section 2, shall surrender the medicines to the Government, or to any person authorised by the Government in this behalf, within fifteen days from the date of expiry of the period specified in section 2.",
"name": "Surrender of medicines",
"related_acts": "",
"section_id": 3
},
{
"act_id": 696,
"details": "4. (1) Whoever contravenes the provision of section 3 shall be punishable with rigorous imprisonment for a term which may extend to ten years, or with fine which may extend to two lakh taka, or with both. (2) The provision of sections 21A and 22 of the said Ordinance shall, mutatis mutandis, apply to an offence punishable under this Ordinance.",
"name": "Penalty and procedure",
"related_acts": "",
"section_id": 4
},
{
"act_id": 696,
"details": "5.\tNotwithstanding anything contained in any other law for the time being in force, no person shall be entitled to claim any compensation against the Government or any other person for the destruction of any medicine under the said Ordinance and no Court shall entertain any suit or other legal proceeding where prayer for any such compensation is made.",
"name": "Compensation for destruction of drugs",
"related_acts": "",
"section_id": 5
}
],
"text": "An Ordinance to make supplementary provisions relating to certain medicines. WHEREAS it is expedient to make supplementary provisions relating to certain medicines; NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance: -"
} |
{
"id": 697,
"lower_text": [],
"name": "The Police (Non-Gazetted Employees) Welfare Fund Ordinance, 1986",
"num_of_sections": 18,
"published_date": "31st May, 1986",
"related_act": [
697
],
"repelled": true,
"sections": [
{
"act_id": 697,
"details": "1. (1) This Ordinance may be called the Police (Non-Gazetted Employees) Welfare Fund Ordinance, 1986. (2) It applies to every non-gazetted employee of the Police Department.",
"name": "Short title and application",
"related_acts": "697",
"section_id": 1
},
{
"act_id": 697,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“Board” means the Board of Management of the Police (Non-Gazetted Employees) Welfare Fund established under section 4; (b)\t“employee” means- (i)\ta police officer below the rank of Inspector; and (ii)\ta person who is not a police officer but who holds a non-gazetted post in the Police Department; (c) “family” means- (i)\tin the case of a male employee, the wife or wives, and in the case of female employee, the husband of the employee; (ii) legitimate children and step children below eighteen years of age; (iii) legitimate children and step children above eighteen years of age, if residing with, and wholly dependent upon, the employee; and (iv) parents, sisters, brothers, grand parents and grand children, if residing with, and wholly dependent upon, the employee; (d)\t“Fund” means the Police (Non-Gazetted Employees) Welfare Fund established under section 7.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 697,
"details": "3. The provisions of this Ordinance and the regulations made thereunder shall have effect notwithstanding anything contained in any other law, rule, order, notification, contract, document or instrument; but nothing herein contained shall affect the right to receive any pension, provident fund, gratuity or other benefits accruing to the employee on his retirement or invalidation or to his family upon his death, otherwise than under this Ordinance.",
"name": "Ordinance to override other laws but not to affect retirement benefits, etc.",
"related_acts": "",
"section_id": 3
},
{
"act_id": 697,
"details": "4. (1) As soon as may be after the commencement of this Ordinance, the Government shall, by notification in the official Gazette, establish a Board to be called the Board of Management of the police (Non-Gazetted Employees) Welfare Fund for carrying out the purposes of this Ordinance. (2) The Board shall consist of the following members, namely:- (a)\tthe Inspector-General of Police, ex-officio, who shall also be its Chairman; (b)\tone Additional Inspector-General of Police to be nominated by the Inspector-General of Police, who shall also be its Vice-Chairman; (c)\tthe Deputy Inspector-General of Police (Headquarters), ex-officio; (d)\tthe Assistant Inspector-General of Police (Welfare), ex-officio, who shall also be its Secretary; (e)\tfive persons to be nominated by the Inspector-General of Police of whom at least two shall be from amongst the employees.",
"name": "Board of Management",
"related_acts": "",
"section_id": 4
},
{
"act_id": 697,
"details": "5. (1) The meetings of the Board shall be held at such times and places and in such manner as may be prescribed by regulations: Provided that until regulations are made in this behalf, such meetings shall be held at such times and places and in such manner as may be determined by the Chairman of the Board. (2) All meetings of the Board shall be presided by the Chairman of the Board and, in his absence, by the Vice-Chairman of the Board. (3) All questions at a meeting of the Board shall be decided by a majority of the members present and voting, and in case of equality of votes, the person presiding over the meeting shall have a second or casting vote. (4) No act or proceeding of the Board shall be invalid merely on the ground of existence of a vacancy in, or any defect in the constitution of, the Board.",
"name": "Meetings of the Board",
"related_acts": "",
"section_id": 5
},
{
"act_id": 697,
"details": "6. The Board shall have power- (a)\tto sanction welfare grants from the Fund to the employees and their families in accordance with the provisions of this Ordinance or the regulations made thereunder; (b)\tto settle all claims for welfare grants under this Ordinance; (c)\tto sanction expenditure connected with the administration and management of the Fund; (d)\tto invest moneys held in the Fund in Government securities or, with the prior approval of the Government, in any other profitable ventures; (e)\tto set up committees of management in the different branches, units or establishments under the Police Department and to invest them with the administrative and financial powers to deal with such matters as may be assigned to them by the Board; (f)\tto do or cause to be done all acts and things necessary for the administration and management of the moneys or properties of the Fund, or ancillary or incidental to any of the aforesaid powers, or for the purposes of the Fund.",
"name": "Powers of the Board",
"related_acts": "",
"section_id": 6
},
{
"act_id": 697,
"details": "7. (1) There shall be established a Fund to be called the Police (Non-Gazetted Employees) Welfare Fund. (2) The Fund shall consist of- (a)\tgrants made by the Government; (b)\tcompulsory subscriptions received from the employees; (c)\tincome from investments made out of the moneys of the Fund; and (d)\tany other sums received by the Board. (3) The moneys credited to the Fund shall be kept in such bank or banks as the Board may decide.",
"name": "Establishment of the Fund",
"related_acts": "",
"section_id": 7
},
{
"act_id": 697,
"details": "8. (1) Every employee shall be liable to pay to the Fund a monthly subscription equal to one per cent of his pay or twenty Taka, whichever is less, and the amount of such subscription shall be deducted half-yearly from his pay at the time of its disbursement and credited to the Fund. (2) Where the amount of subscription cannot for any reason be deducted from the pay of the employee, the employee shall remit to the Board the amount of subscription payable by him and any amount of subscription remaining unpaid for any reason shall be recoverable from him in such manner as the Board may direct. (3) Default in the payment of the subscription for any reason whatsoever shall not affect the right of an employee or the right of his family to receive any welfare grant under this Ordinance, but the amount of unpaid subscription shall be deducted from the welfare grant.",
"name": "Subscriptions payable by the employees",
"related_acts": "",
"section_id": 8
},
{
"act_id": 697,
"details": "9. (1) If any employee- (a)\tis declared by the prescribed medical authority to have been permanently disabled, physically or mentally, to discharge his duties and is, for that reason, retired, removed or discharged from service; or (b)\tdies during the continuance of his employment, or if he, being a retired employee, dies within a period of five years from the date of his superannuation; the employee or, in the event of the employee's death, the wife or wives or the husband of the employee, as the case may be, shall be entitled to receive a welfare grant from the Fund according to the scale specified in the Schedule annexed to this Ordinance. (2) The welfare grant under sub-section (1), shall be payable on a monthly basis for a period of ten years or up to the date on which the employee attains or might have, if he were alive, attained the age which does not exceed the age of superannuation by five years, whichever is earlier. (3) If the husband or wife, who is entitled to receive a welfare grant under sub-section (1), remarries or dies before the expiry of the period for which he or she is entitled to receive the welfare grant under sub-section (2), the grant shall be payable for the unexpired period to such member or members of the family of the deceased employee as the Board may determine. (4) If an employee dies leaving behind no wife or husband, as the case may be, such members of his family shall be entitled to receive the welfare grant under sub-section (1), as the Board may determine. (5) If a disabled employee, who is a recipient of a welfare grant under sub-section (1), dies before the expiry of the period for which he is entitled to receive the welfare grant under sub-section (2), the grant shall be payable for the unexpired period to the wife or wives or husband of the employee, as the case may be, or, if the employee leaves behind no wife or husband, to such members of his family as the Board may determine.",
"name": "Lump sum and monthly welfare grants in case of death and disablement",
"related_acts": "",
"section_id": 9
},
{
"act_id": 697,
"details": "10. The Board may sanction from the Fund a welfare grant of an amount not exceeding two thousand Taka for the marriage of the daughter of a deceased or permanently disabled or otherwise extremely distressed employee.",
"name": "Welfare grant for marriage",
"related_acts": "",
"section_id": 10
},
{
"act_id": 697,
"details": "11. (1) The Board may sanction from the Fund a welfare grant on a monthly basis for a period of one year for the education of the children of an employee or a deceased or a permanently disabled employee. (2) A welfare grant under this section may be renewed from year to year if such renewal is deemed necessary for the successful completion of a course.",
"name": "Welfare grant for education",
"related_acts": "",
"section_id": 11
},
{
"act_id": 697,
"details": "12. (1) The Board may sanction from the Fund a special welfare grant to an employee or his family for all or any of the following purposes, namely:- (a)\tmedical treatment including blood transfusion; (b)\tpurchase of spectacles and other physical aids; (c)\tfuneral; (d)\trelief in case of various injury or accident; (e)\tpurchase of text books. (2) In addition to the special grant for the purposes mentioned in sub-section (1), the Board may sanction from the Fund special welfare grant to an employee or his family in case of extreme financial distress. (3) The Board may also sanction from the Fund any other grant, lump sum or recurring, for the general welfare of the employees.",
"name": "Special welfare grant",
"related_acts": "",
"section_id": 12
},
{
"act_id": 697,
"details": "13. Where no amount has been specified under this Ordinance or any welfare grant, such amount may be determined by the Board on the merits of each case keeping in view the total deposit in the Fund and the obligations that are required to be met by the Board from the Board.",
"name": "Amount of welfare grant",
"related_acts": "",
"section_id": 13
},
{
"act_id": 697,
"details": "14. The accounts of the Fund shall be maintained by such officer or authority as the Board may appoint, in such manner and form as the Government may in consultation with the Comptroller and Auditor-General of Bangladesh, from time to time, direct.",
"name": "Audit and accounts",
"related_acts": "",
"section_id": 14
},
{
"act_id": 697,
"details": "15. The Government may, by order in writing, exempt the Fund from any tax, rate or duty leviable by the Government or by a local authority.",
"name": "Exemption from taxes",
"related_acts": "",
"section_id": 15
},
{
"act_id": 697,
"details": "16. Notwithstanding anything contained in the Government and Autonomous Bodies Employees Benevolent Fund and Group Insurance Ordinance, 1982 (XXXIX of 1982), the provisions of that Ordinance relating to the Benevolent Fund shall not apply to the employees to whom this Ordinance applies .",
"name": "Ord. XXXIX of 1982 to apply with certain modifications",
"related_acts": "",
"section_id": 16
},
{
"act_id": 697,
"details": "17. The Board may, subject to the approval of the Government, make regulations for the purpose of giving effect to all or any of the provisions of this Ordinance.",
"name": "Power to make regulations",
"related_acts": "",
"section_id": 17
},
{
"act_id": 697,
"details": "18. Upon the establishment of the Board,- (a)\tthe Central Board of Management, Bangladesh Police Welfare Fund constituted under the Police Welfare Fund Rules, 1970, hereinafter referred to as the said Board, shall stand dissolved; (b)\tall assets, rights, powers, authorities, and privileges and all properties, movable and immovable, cash and bank balances, funds, investments and all other interests and rights in, or arising out of, such properties of the said Board subsisting immediately before its dissolution shall stand transferred to, and vested in, the Board; (c)\tall debts, obligations and liabilities incurred by the said Board before its dissolution shall be deemed to have been incurred by the Board; (d)\tall suits, prosecutions and other legal proceedings instituted by or against the said Board before its dissolution shall be deemed to be suits, prosecutions and proceedings by or against the Board and shall be proceeded or otherwise dealt with accordingly.",
"name": "Repeal and savings",
"related_acts": "",
"section_id": 18
}
],
"text": "An Ordinance to provide for the establishment of a Welfare Fund for the non-gazetted employees of the Police Department. WHEREAS it is expedient to provide for the establishment of a Welfare Fund for the non-gazetted employees of the Police Department and for matters ancillary thereto; NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance: -"
} |
{
"id": 698,
"lower_text": [
"1 Throughout this Ordinance the word “Special” was substituted for the word “Presidential” by section 2 of the Presidential Security Force (Amendment) Act, 1992 (Act No. XXIV of 1992)",
"2 Sub-section (2) was substituted by section 2 of the Special Security Force (Amendment) Act, 1995 (Act No. XXVI of 1995).",
"3 Clause (a) was substituted by section 3 of the Special Security Force (Amendment) Act, 1995 (Act No. XXVI of 1995",
"4 The words “Director General” were substituted for the word “Director” by section 4 of the Special Security Force (Amendment) Act, 1995 (Act No. XXVI of 1995).",
"5 The words “or temporarily attached” were inserted by section 4 of the Special Security Force (Amendment) Act, 1995 (Act No. XXVI of 1995).",
"6 The words “or temporarily attached” were inserted by section 4 of the Special Security Force (Amendment) Act, 1995 (Act No. XXVI of 1995).",
"7 The words “Director General” were substituted for the word “Director” by section 5 of the Special Security Force (Amendment) Act, 1995 (Act No. XXVI of 1995).",
"8 The words “Prime Minister” were substituted for the word “President” by section 2 of the Presidential Security Force (Amendment) Act, 1992 (Act No. XXIV of 1992).",
"9 Sub-section (2) was substituted by section 5 of the Special Security Force (Amendment) Act, 1995 (Act No. XXVI of 1995).",
"10 The words “Prime Minister” were substituted for the word “President” by section 2 of the Presidential Security Force (Amendment) Act, 1992 (Act No. XXIV of 1992).",
"11 Sub-section (2) was substituted by section 6 of the Special Security Force (Amendment) Act, 1995 (Act No. XXVI of 1995).",
"12 The words “Director General” were substituted for the word “Director” by section 7 of the Special Security Force (Amendment) Act, 1995 (Act No. XXVI of 1995",
"13 The words “the President and the Prime Minister wherever they may be” were substituted for the word “the Prime Minister wherever he may be” by section 8 of the Special Security Force (Amendment) Act, 1995 (Act No. XXVI of 1995).",
"14 The words and comma “the President, the Prime Minister and” were substituted for the words “the Prime Minister or” by section 8 of the Special Security Force (Amendment) Act, 1995 (Act No. XXVI of 1995).",
"15 The words “the President or the Prime Minister” were substituted for the word “the Prime Minister” by section 8 of the Special Security Force (Amendment) Act, 1995 (Act No. XXVI of 1995).",
"16 The words “the President or the Prime Minister” were substituted for the word “the Prime Minister” by section 8 of the Special Security Force (Amendment) Act, 1995 (Act No. XXVI of 1995).",
"17 The words “the President or the Prime Minister” were substituted for the word “the Prime Minister” by section 9 of the Special Security Force (Amendment) Act, 1995 (Act No. XXVI of 1995).",
"18 Section 10A was inserted by section 10 of the Special Security Force (Amendment) Act, 1995 (Act No. XXVI of 1995"
],
"name": "The Special Security Force Ordinance, 1986",
"num_of_sections": 13,
"published_date": "19th June, 1986",
"related_act": [
248,
698
],
"repelled": true,
"sections": [
{
"act_id": 698,
"details": "1. (1) This Ordinance may be called the Special Security Force Ordinance, 1986. 2(2) It shall come into force on the 19th day of June, 1986.",
"name": "Short title and commencement",
"related_acts": "698",
"section_id": 1
},
{
"act_id": 698,
"details": "2. In this Ordinance, unless the context otherwise requires,- 3(a)\t“Director General” means the Director General of the Force; (b) “Force” means Special Security Force; (c)\t\t“prescribed” means prescribed by rules made under this Ordinance; (d)\t“very important person” means a head of state or Government of a foreign state and includes any other person who is declared by the Government, by notification in the official Gazette, to be such person for the purposes of this Ordinance.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 698,
"details": "3. (1) There shall be raised and maintained in accordance with the provisions of this Ordinance a Force to be called the Special Security Force. (2) The Force shall consist of a 4Director General and such number of other officers and shall be constituted in such manner as the Government may, from time to time, direct. (3) The Force shall be a disciplined force within the meaning of article 152 of the Constitution. (4) Notwithstanding anything contained in any other law for the time being in force, the Government may, by order in writing, direct that- (a)\tany person subject to any law relating to defence services shall, under such conditions as may be prescribed, be seconded 5or temporarily attached for service with the Force; (b)\tany person subject to any law relating to any disciplined force shall, under such conditions as may be prescribed, be deputed 6or temporarily attached for service with the Force.",
"name": "Constitution of the Force",
"related_acts": "",
"section_id": 3
},
{
"act_id": 698,
"details": "4. (1) The 7Director General and other officers of the Force shall be appointed by the 8Prime Minister. 9(2) Subject to the other provisions of this Ordinance, the terms and conditions of service of the Director General and other officers of the Force shall be such as may be prescribed.",
"name": "Appointment of Director, etc.",
"related_acts": "",
"section_id": 4
},
{
"act_id": 698,
"details": "5.\t(1) The superintendence and command of the Force shall vest in the 10Prime Minister. 11(2) Subject to the provisions of sub-section (1), the Force shall be administered by the Director General in accordance with the provisions of this Ordinance and the rules made thereunder.",
"name": "Superintendence of the Force",
"related_acts": "",
"section_id": 5
},
{
"act_id": 698,
"details": "6.\t(1) Notwithstanding anything contained in any other law for the time being in force, the Government may, by order notified in the official Gazette, apply, with or without modifications, all or any provisions of the Army Act, 1952 (XXXIX of 1952), to the Force and suspend the operation of any provision of this Ordinance or the rules made thereunder or of any other enactment for the time being applicable to the Force. (2) The provisions of the said Act so applied shall have effect in respect of the officers of the Force as they have effect in respect of the officers of the Bangladesh Army holding the same rank as or equivalent to that which the aforesaid officers hold for the time being in the Force. (3) While any of the provisions of the said Act apply to the Force, the 12Director General shall exercise and perform all the powers and duties of the Chief of Army Staff of the Bangladesh Army incident to the operation of these provisions in respect of the Force, and the Government may, by order notified in the official Gazette, direct by what other authority any other powers or duties incident to the operation of these provisions shall be exercised or performed in respect of the Force.",
"name": "Application of Act XXXIX of 1952",
"related_acts": "248",
"section_id": 6
},
{
"act_id": 698,
"details": "7. (1) Notwithstanding anything contained in any other law for the time being in force, an officer of the Force shall have throughout Bangladesh all the powers of an officer-in-charge of a police station, including the power of search, seizure and arrest, but shall not exercise such powers unless it is necessary for the performance of his duties under this Ordinance. (2) While any of the powers of an officer-in-charge of a police station is exercised by any officer of the Force under sub-section (1) he shall have all the duties, privileges and liabilities which such officer-in-charge have in connection with the exercise of such power under any law for the time being in Force.",
"name": "Officers of the Force to have powers of police officers in certain cases",
"related_acts": "",
"section_id": 7
},
{
"act_id": 698,
"details": "8. (1) The principal duty of the Force shall be to provide physical security to 13the President and the Prime Minister wherever they may be. (2) The Force shall also provide physical security to a very important person in Bangladesh. (3) The Force shall collect and communicate intelligence affecting the physical security of 14the President, the Prime Minister and a very important person and take all such measures as may be necessary for providing physical security to them. (4) Notwithstanding anything contained in any other law for the time being in force and without prejudice to the provisions of section 7, an officer of the Force may arrest without warrant any person when there is reason to believe that the presence or movement of such person at or near the place where 15the President or the Prime Minister or a very important person is living or staying or through which he is passing or about to pass is prejudicial to the physical security of 16the President or the Prime Minister or such very important person, and if such person forcibly resists the endeavour to arrest him, or attempts to evade arrest, such officer may use all means necessary to effect the arrest, and may, if necessary and after giving such warning as may be appropriate in the circumstances of the case, fire upon him or otherwise so use force against him as to cause death.",
"name": "Powers and duties of the Force",
"related_acts": "",
"section_id": 8
},
{
"act_id": 698,
"details": "9. (1) The Force may, if it is deemed necessary for the purpose of effectively performing its duties, seek the assistance from the law enforcing agencies, the Bangladesh Rifles, the defence services and the intelligence agencies; and when such assistance is sought from any of them it shall be rendered. (2) It shall be the duty of every intelligence agency forthwith to report to the Force any information that it may come across regarding the physical security of 17the President or the Prime Minister or a very important person.",
"name": "Assistance from other services",
"related_acts": "",
"section_id": 9
},
{
"act_id": 698,
"details": "10. The officers of the Force shall be trained in such manner, equipped with such weapons and wear such uniform as the Government may determine from time to time.",
"name": "Training, etc.",
"related_acts": "",
"section_id": 10
},
{
"act_id": 698,
"details": "1810A. Notwithstanding anything contained in this Ordinance, all acts and things done, all actions taken, all appointments made, all notifications issued, all powers exercised and all duties performed, or purported to have been done, taken, made, issued, exercised or performed under this Ordinance on or after the 19th June, 1986 shall be deemed to have been lawfully done, taken, made, issued, exercised or performed, as the case may be, and shall not be called in question in or before any Court, tribunal or authority on any ground whatsoever.",
"name": "Validation",
"related_acts": "",
"section_id": 11
},
{
"act_id": 698,
"details": "11. No prosecution, suit or other legal proceedings shall be instituted against any officer of the Force in respect of anything done or purporting to be done in exercise of the powers conferred by any provision of this Ordinance, except with the previous sanction in writing of the Government.",
"name": "Bar to suits, etc.",
"related_acts": "",
"section_id": 12
},
{
"act_id": 698,
"details": "12. The Government may, by notification in the official Gazette, make rules to carry out the purposes of this Ordinance.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 13
}
],
"text": "An Ordinance to provide for the constitution of Special Security Force.1♣ WHEREAS it is expedient to provide for the constitution of Special Security Force and matters ancillary thereto; NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance: -"
} |
{
"id": 699,
"lower_text": [],
"name": "The Finance Ordinance, 1986",
"num_of_sections": 13,
"published_date": "27th June, 1986",
"related_act": [
608,
354,
891,
206,
654,
918,
699,
604
],
"repelled": false,
"sections": [
{
"act_id": 699,
"details": "1. (1) This Ordinance may be called the Finance Ordinance, 1986. (2) This section and sections 5 and 7 shall come into force at once, section 11 shall come into force on the first day of August, 1986, and other sections shall come into force on the first day of July, 1986.",
"name": "Short title and commencement",
"related_acts": "699",
"section_id": 1
},
{
"act_id": 699,
"details": "2. In the Opium Act, 1878 (I of 1878), the following amendments shall be made, namely :- (1) in section 9, for the words and comma “which may extend to two years or with fine, or with both” the words “not less than two years and not more than ten years and with fine which shall not be less than twenty thousand taka and not more than one hundred thousand taka” shall be substituted; (2) \tin section 9D, for the words and commas “which may extend to two years, or with fine, or with both” the words “not less than two years and not more than ten years and with fine which shall not be less than twenty thousand taka and not more than one hundred thousand taka” shall be substituted; (3) \tin section 9E, in the Explanation, the words, figure and letter “and in section 9F” shall be omitted; and (4)\tin section 9G, for the comma, figures, letters and word “, 9E or 9F” the word, figure and letter “or 9E” shall be substituted.",
"name": "Amendment of Act I of 1878",
"related_acts": "",
"section_id": 2
},
{
"act_id": 699,
"details": "3. In the Excise Act, 1909 (Ben. Act V of 1909), the following amendments shall be made, namely:- (1) \tin section 46, for the words and commas “which may extend to six months, or to fine which may extend to one thousand taka, or to both” the words “not less than one year and not more than five years and with fine which shall not be less than five thousand taka and not more than twenty thousand taka” shall be substituted; (2) \tin section 49, for the words “three months” the words “one year” and for the words “one thousand taka” the words “ten thousand taka” shall be substituted; (3) in section 50, for the words “three months” the words “one year” and for the words “five hundred taka” the words “five thousand taka” shall be substituted; (4) \tin section 51 (1), for the words “five hundred taka” the words “five thousand taka” shall be substituted; (5) \tin section 52, for the words “six months” the words “two years” and for the words “one thousand taka” the words “ten thousand taka” shall be substituted; (6) \tin section 53,- (a) \tin sub-section (1), for the words “three months” the words “one year” and for the words “one thousand taka” the words “ten thousand taka” shall be substituted; (b) \tin sub-section (2), for the words “two hundred taka” the words “two thousand taka” shall be substituted; (7) \tin section 54, for the words “two hundred taka” the words “two thousand taka” and for the words “five hundred taka” the words “five thousand taka” shall be substituted; (8) \tin section 59, for the words “two hundred taka” the words “two thousand taka” shall be substituted; (9) \tin section 65(i)(a), for the words “one thousand taka” the words “ten thousand taka but not less than one thousand taka” shall be substituted; and (10) for section 82 the following shall be substituted, namely:- “82. \tMagistrate having jurisdiction to try offences- No Magistrate other than a Magistrate of the first class shall try any offence punishable under this Act.”.",
"name": "Amendment of Ben. Act V of 1909",
"related_acts": "",
"section_id": 3
},
{
"act_id": 699,
"details": "4. In the Dangerous Drugs Act, 1930 (II of 1930), the following amendments shall be made, namely :- (1) \tin sections 10, 11, 12 and 13, for the words and commas “which may extend to two years, or with fine, or with both” the words “for a term not less than two years and not more than ten years and with fine which shall not be less than twenty thousand taka and not more than one hundred thousand taka” shall be substituted; (2) in section 14, for the words “or exports Inter-provincially” the comma and word “, exports” shall be substituted and for the words and commas “which may extend to two years, or with fine, or with both” the words “for a term not less than two years and not more than ten years and with fine which shall not be less than twenty thousand taka and not more than one hundred thousand taka” shall be substituted; (3)\tin section 15, for the words and commas “which may extend to two years, or with fine, or with both” the words “for a term not less than two years and not more than ten years and with fine which shall not be less than twenty thousand taka and not more than one hundred thousand taka” shall be substituted; (4) \tin sections 16 and 17, for the words and commas “which may extend to four years, or to fine, or to both” the words “for a term not less than four years and not more than fourteen years and with fine which shall not be less than forty thousand taka and not more than two hundred thousand taka” shall be substituted; and (5) \tin section 19, for the words “one thousand taka” the words “ten thousand taka” shall be substituted.",
"name": "Amendment of Act II of 1930",
"related_acts": "",
"section_id": 4
},
{
"act_id": 699,
"details": "5. The following amendments shall be made in the Excises and Salt Act, 1944 (I of 1944), namely:- (1) \tin section 1(2), after the word “Bangladesh”, the words, figures, comma and brackets “except the areas of Export Processing Zones declared under section 10 of the Bangladesh Export Processing Zones Authority Act, 1980 (XXXVI of 1980)” shall be added; (2) \tin section 35(1A), after the words “respect of”, the words “services or of” shall be inserted; (3) \tthe FIRST SCHEDULE shall be amended in the manner set out in the FIRST SCHEDULE to this Ordinance.",
"name": "Amendment of Act I of 1944",
"related_acts": "206,608",
"section_id": 5
},
{
"act_id": 699,
"details": "6. In the Wealth-tax Act, 1963 (XV of 1963), in the Schedule, in the proviso, for the figure and words “60 per cent.”, wherever occurring, the figure and words “50 per cent.” shall be substituted.",
"name": "Amendment of Act XV of 1963",
"related_acts": "",
"section_id": 6
},
{
"act_id": 699,
"details": "7. The following amendments shall be made in the Customs Act, 1969 (IV of 1969), namely :- (1) \tin section 78, in sub-section (2), for the full stop at the end a colon shall be substituted and thereafter the following new proviso shall be added, namely :- “Provided that no agent so receiving such cargo or portion shall cause it to be removed or otherwise dealt with except in accordance with the written order of the appropriate officer.”; (2) \tin section 156(1), in the TABLE,- (a)\tafter item 43 in column 1 and the entries relating thereto in columns 2 and 3, the following new item 43A shall be inserted, namely :- Offence Penalties Section of the Act to which offence has reference. 1 2 3 \"43A.If any person or agent receiving goods if such goods cannot be recovered, the person or the agent concerned shall be liable, 78”; or any portion into his custody, removes or attempts to remove them from the port area with the intention of defrauding the revenue, in addition to full duty, to a penalty not exceeding ten times the amount of such duty, or, if such goods are not dutiable or duty thereon cannot be ascertained, to a penalty not exceeding fifty thousand taka for every missing or deficient package or separate article, and in the case of bulk goods, to a penalty not exceeding fifty thousand taka, or ten times the value of the goods, whichever be higher; and upon conviction by a Magistrate he shall further be liable to imprisonment for a term not exceeding six years. (b) for the words \"two hundred and fifty taka”, \"five hundred taka”, \"two thousand taka”, \"two thousand five hundred taka”, \"five thousand taka” and \"ten thousand taka”, wherever occurring, the words \"two thousand five hundred taka”, \"five thousand taka”, \"twenty thousand taka”, \"twenty-five thousand taka”, \"fifty thousand taka” and \"one hundred thousand taka” shall, respectively, be substituted; (3) in section 180, for the full-stop at the end a colon shall be substituted and thereafter the following new proviso shall be added, namely:- \"Provided that the provisions of this section shall not apply to an order of confiscation of any goods or imposition of any penalty on any person passed in consequence of a request in writing of the owner of such goods or the person concerned to the effect that the offence is admitted and that the owner of such goods or the person concerned consents in writing to accept the order passed without issuing any show cause notice to him and without prejudice to his right of appeal against such order.”; (4) in section 185, for the words \"three years” the words \"five years” and for the words \"Taka five thousand” the words \"ten thousand taka” shall be substituted; (5) for section 202 the following shall be substituted, namely :- \"202. Recovery of Government dues- (1) When, under this Act, any duty or regulatory duty is payable to the Government by any person or a penalty is adjudged against any person or a notice or demand is served upon any person calling for the payment of any amount unpaid which may be payable by way of duty, regulatory duty, penalty or under any bond, security, guarantee or any other instrument executed under this Act or the rules or orders and such duty, regulatory duty, penalty or other sums due are not paid within the time it was required or ordered to be paid, the appropriate officer may at any time- (a) deduct, or require any other officer of customs to deduct, the amount so payable from any money owing to such person or due which may be in the hands or at the disposal of, or under the control of, the customs authorities or of such officer or of the Government; (b) stop clearance of any goods belonging to such person from customs control in the seaport, airport, any other customs-station or from bonded warehouse till such amount is paid or recovered in full; (c) require, by a notice in writing, any person owing any money to the person from whom such duty or regulatory duty or penalty or any other sum is recoverable or due, to pay to such officer the amount specified in the notice, or the whole of such money if it is less than the amount so recoverable or due, within seven days of the receipt of the notice or within such longer time as may be allowed by such officer; (d) require the proper Excise Officer to recover such amount by attachment and sale of excisable goods or any plant, machinery and equipment used for the manufacture of goods or any other goods in the factory or bonded warehouse belonging to such person; (e) recover, or require any other officer of customs to recover, such amount by detaining and selling any goods belonging to such person, which are under the control of the customs authorities. (2) If the amount is not recovered from such person in the manner provided in sub-section (1), the appropriate officer may prepare a certificate signed by him specifying the amount due from the person liable to pay the same and send it to the Collector of the district in which such person resides or owns any property or conducts his business and such Collector shall, on receiving the certificate, proceed to recover the amount specified in the certificate as a public demand or an arrear of land revenue.”; (6) in THE FIRST SCHEDULE,- (a) against Tariff Heading No. 27.09 in column (1), in column (3), for the words and figure \"Taka 4.00 per metric ton” the words and figure \"Taka 5000.00 per metric ton” shall be substituted; (b) against Tariff Heading No. 27.10 in column (1),- (i) against sub-head A.1 in column (2), in column (3), for the words and figure \"Taka 0.85 pre litre” the words and figure \"Taka 1.20 per litre” shall be substituted; (ii) against sub-head A.2 in column (2), in column (3), for the words and figure \"Taka 0.85 per litre” the words and figure \"Taka 1.00 per litre” shall be substituted; (iii) against sub-head C.2 in column (2), in column (3), for the words and figure \"Taka 65.00 per metric ton” the words and figure \"Taka 0.15 per litre” shall be substituted; (iv) against sub-head D.1 (a) in column (2), in column (3), for the words and figure \"Taka 0.20 per litre” the words and figure \"Taka 0.35 per litre” shall be substituted; (v) against sub-head D.2 in column (2), in column (3), for the words and figure \"Taka 0.11 per litre” the words and figure \"Taka 0.30 per litre” shall be substituted; (vi) against sub-head F.1 in column (2), in column (3), for the words and figure \"Taka 0.20 per litre” the words and figure \"Taka 0.25 per litre” shall be substituted; (vii) against sub-head G.1 in column (2), in column (3), for the words and figure \"Taka 0.10 per litre” the words and figure \"Taka 0.15 per litre” shall be substituted; and (viii) against sub-head H.2 in column (2), in column (3), for the words and figure \"Taka 0.10 per litre” the words and figure \"Taka 0.40 per litre” shall be substituted; and (c) against Tariff Heading No. 84.06 in column (1), against sub-heads E and F in column (2), in column (3), for the figure \"50%” the figure \"100%” shall be substituted; (7) in THE THIRD SCHEDULE, in item 21, for the words and semicolon \"circumstances in which licence may be suspended or revoked; appeals against the suspension or revocation of licence” the following shall be substituted, namely:- \"circumstances in which penalty may be imposed on the licensee or licence may be suspended or revoked; appeals against the penalty or suspension or revocation of the licence”.",
"name": "Amendment of Act IV of 1969",
"related_acts": "354",
"section_id": 7
},
{
"act_id": 699,
"details": "8. In the Finance Act, 1980 (XXIII of 1980), in section 12(1A), for the words “fifty taka per traveller by land and two hundred taka” the words “one hundred taka per traveller by land and four hundred taka” shall be substituted.",
"name": "Amendment of Act XXIII of 1980",
"related_acts": "604",
"section_id": 8
},
{
"act_id": 699,
"details": "9. The following amendments shall be made in the Motor Vehicles Ordinance, 1983 (LV of 1983), namely:- (1) \tin section 7(9), for the words “fifteen taka” the words “thirty taka” shall be substituted; and (2) \tin section 12,- (a)\tin sub-section (4), for the words “ten taka” the words “fifteen taka” shall be substituted; and (b)\tin sub-section (5), for the words “fifteen taka” the words “thirty taka” shall be substituted.",
"name": "Amendment of Ord. LV of 1983",
"related_acts": "654",
"section_id": 9
},
{
"act_id": 699,
"details": "10. The following amendments shall be made in the Income Tax Ordinance, 1984 (XXXVI of 1984), namely:- (1) in section 2,- (a)\tin clause (4), after the figure “3”, the comma and words “, and includes a Senior Appellate Joint Commissioner of Taxes” shall be added; (b)\tin clause (36), after the figure “3”, the comma and words “, and includes a Senior Inspecting Joint Commissioner of Taxes” shall be added; (c)\tafter clause (59), the following new clause (59A) shall be inserted, namely:- “(59A)\t“Senior Commissioner” means a person appointed to be a Senior Commissioner of Taxes under section 3;”; (2) in section 3,- (a)\tafter clause (1), the following new clause (1A) shall be inserted, namely:- “(1A) Senior Commissioner of Taxes,”; (b)\tafter clause (3), the following new clause (3A) shall be inserted, namely:- “(3A) Senior Joint Commissioner of Taxes who may be either Senior Appellate Joint Commissioner of Taxes or Senior Inspecting Joint Commissioner of Taxes,”; (3) \tin section 4(2), after the word “appoint”, the words “a Senior Commissioner of Taxes and” shall be inserted; (4) \tin section 5(1), after the word “The” at the beginning, the words and comma “Senior Commissioner,” shall be inserted; (5) \tin section 6(1), for clause (a) the following shall be substituted, namely:- “(a) the Senior Commissioner of Taxes shall perform such functions as may be assigned to him by the Board; (aa) the Directors of Inspection shall perform such functions as may be assigned to them by the Board;”; (6) \tin section 25(1), in clauses (h) and (i), for the word “one-fifth” the word “one-sixth” shall be substituted; (7) \tin section 32(2),- (a)\tin clause (ii), sub-clauses (a) and (b) shall be omitted; (b)\tin the proviso, for the full-stop at the end a colon shall be substituted and thereafter the following new proviso shall be added, namely:- “Provided further that where the capital asset became the property of the assessee by succession, inheritance or devolution or under a deed of gift, bequest or will, the actual cost of acquisition of the capital asset to the assessee shall be the fair market value of the property prevailing at the time the assessee became the owner of such property.”; (8) \tin section 45 (2B) (e), for the words “one hundred and twenty days”, wherever occurring, the words “one hundred and eighty days” shall be substituted; (9) \tin section 46 (2B) (d), for the words “one hundred and twenty days” the words “one hundred and eighty days” shall be substituted; (10) \tin section 109, for the words “five thousand taka” the words “fifteen thousand taka” shall be substituted; (11) \tin section 116,- (a)\tin sub-section (1), after the word “The”, the words and comma “Senior Commissioner, the” shall be inserted; (b)\tin sub-section (2), before the words “the Director of Inspection”, the words and comma “the Senior Commissioner,” shall be inserted; (c)\tin sub-section (3),- (i)\tafter the word “The” at the beginning, the words and comma “Senior Commissioner”, shall be inserted; (ii)\tin the proviso, for the word “Commissioner” at the end the words “Senior Commissioner or Commissioner” shall be substituted; (12) in section 117,- (a) in sub-section (1), after the word “Where” at the beginning, the words “the Senior Commissioner or” shall be inserted; (b)\tin sub-section (8), - (i) \tafter the words “approval of”, the words “the Senior Commissioner or” shall be inserted; (ii) \tin the proviso, after the words “Provided that” the words “the Senior Commissioner or” shall be inserted; (13) in section 118(2), after the words “and making such enquiry as”, the words “the Senior Commissioner or” shall be inserted; (14) in section 151, for the word “twelve” the word “fifteen” shall be substituted; (15) in the Third Schedule, in Paragraph 11,- (a)\tin clause (3), in the proviso, for the words “two lakh taka”, wherever occurring, the words “two lakh fifty thousand taka” shall be substituted; and (b)\tin clause (6) (a), for the words “two lakh taka” the words “two lakh fifty thousand taka” shall be substituted; (16) in the Sixth Schedule, in Part B, in Paragraph 10, in sub-paragraph (2), for the full-stop at the end a colon shall be substituted and thereafter the following new proviso shall be added, namely:- “Provided that the proceeds of the certificates, instruments or securities encashed on maturity shall not be deducted from the amount of investment made by the assessee in the income year”.",
"name": "Amendment of Ord. XXXVI of 1984",
"related_acts": "",
"section_id": 10
},
{
"act_id": 699,
"details": "11. Tax on Airline tickets.- Omitted by section 44 of the অর্থ আইন, ২০০৪ (২০০৪ সনের ১৬ নং আইন)।",
"name": "Omitted",
"related_acts": "918",
"section_id": 11
},
{
"act_id": 699,
"details": "12. Additional tax on transfer of immovable property.- Omitted by section 74 of the অর্থ আইন, ২০০২ (২০০২ সনের ১৪ নং আইন)।",
"name": "Omitted",
"related_acts": "891",
"section_id": 12
},
{
"act_id": 699,
"details": "13. (1) Subject to the provisions of sub-sections (2), (3), (4), (5) and (6), in making any assessment for the year beginning on the first day of July, 1986, income tax shall be charged at the rates as specified in the Second Schedule. (2) In making any assessment for the year beginning on the first day of July, 1986, where the total income of a company includes any profits and gains from Life Insurance business, the income tax payable by the company shall be reduced by an amount equal to 12.5 per cent of that part of its total income which consists of such inclusion. (3) In making any assessment for the year beginning on the first day of July, 1986, where the assessee is a co-operative society, the tax shall be payable at the rate specified in paragraph A or B(i)(d) of the Second Schedule, whichever treatment is more beneficial to the assessee: Provided that in calculating for the purpose of this sub-section, the amount of income tax at the rates specified in paragraph A of the Second Schedule, no deduction in respect of any allowance or sums referred to in the proviso to the said paragraph shall be made. (4) (a) In making any assessment for the year beginning on the first day of July, 1986, where the total income of an assessee other than a company not registered in Bangladesh, includes any profits and gains derived from the export of goods out of Bangladesh, income tax payable by him in respect of such profits and gains shall, subject to the provisions of clauses (b) and (c), be reduced by an amount computed in the manner specified hereunder:- Amount (i) Where the goods exported abroad had not been manufactured by the assessee who exported them: 30 per cent of the income tax attributable to export sales. (a) and where the export sales during the relevant year exceed the export sales of the preceding year; plus an additional 1 per cent for every increase of 10 per cent in export sales over those of the preceding year, subject to an overall maximum of 40 per cent (b) and where the export sales during the relevant year do not exceed the export sales of the preceding year; minus 1 per cent for every decrease of 10 per cent in export sales from those of the preceding year, subject to an overall minimum of 20 per cent. (ii) Where the goods exported had been manufactured by the assessee who had exported them:- (a) where the export sales do not exceed 10 per cent of the total sales; Nil (b) where the export sales exceed 10 per cent but do not exceed 20 per cent of the total sales; 30 per cent of the income tax attributable to export sales. (c) where the export sales exceed 20 per cent but do not exceed 30 per cent of the total sales; 40 per cent of the income tax attributable to export sales. (d) where the export sales exceed 30 per cent but do not exceed 40 per cent of the total sales; 50 per cent of the income tax attributable to export sales. (e) where the export sales exceed 40 per cent of total sales; 60 per cent of the income tax attributable to export sales. Provided that the terms \"export of goods out of Bangladesh” \"goods exported abroad” and \"export sales” used in this clause shall include sale of locally manufactured machinery, equipment and other finished products within the country to any agency against its procurement programme in foreign exchange. (b) Nothing contained in clause (a) shall apply in respect of the following goods or classes of goods, namely:- (i) tea; (ii) raw jute; (iii) jute manufactures; (iv) raw hides and skin and wet-blue leather; (v) such other goods as may be notified by the National Board of Revenue from time to time. (c) The National Board of Revenue may make rules providing for the computation of profits and the tax attributable to export sales and for such other matters as may be necessary to give effect to the provisions of this sub-section. (5) In making any assessment for the year beginning on the first day of July, 1986, where the total income of an assessee other than a company not registered in Bangladesh, includes any profits and gains derived from plying of passenger buses and passenger launches, a rebate shall be allowed at the rate of fifty per cent of the income tax attributable to profits and gains derived from such passenger buses and passenger launches. (6) In cases to which the Second Schedule to the Income Tax Ordinance, 1984 (XXXVI of 1984), applies, the tax chargeable shall be determined as provided in that Schedule but with reference to the rates imposed by sub-section (1), or in accordance, where applicable, with the provisions of sub-section (2). (7) For the purpose of making deduction of tax under Chapter VII of the Income Tax Ordinance, 1984 (XXXVI of 1984), the rates specified in the Second Schedule shall apply as respects the year beginning on the first day of July, 1986, and ending on the thirtieth day of June, 1987. (8) For the purposes of this section and of the rates of tax imposed thereby, the expression \"total income” means total income as determined for the purpose of income tax in accordance with the provisions of the Income Tax Ordinance, 1984 (XXXVI of 1984).",
"name": "Income-tax",
"related_acts": "",
"section_id": 13
}
],
"text": "An Ordinance to give effect to the financial proposals of the Government and to amend certain laws. WHEREAS it is expedient to make provisions to give effect to the financial proposals of the Government and to amend certain laws for the purposes hereinafter appearing; NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 700,
"lower_text": [],
"name": "The Development Board Laws (Repeal) Ordinance, 1986",
"num_of_sections": 2,
"published_date": "29th June, 1986",
"related_act": [
700
],
"repelled": true,
"sections": [
{
"act_id": 700,
"details": "1. (1) This Ordinance may be called the Development Board Laws (Repeal) Ordinance, 1986. (2) It shall come into force on the 1st day of July, 1986.",
"name": "Short title and commencement",
"related_acts": "700",
"section_id": 1
},
{
"act_id": 700,
"details": "2. (1) The Khulna Division Development Board Ordinance, 1976 (LXXV of 1976), the Rajshahi Division Development Board Ordinance, 1976 (LXXX of 1976), the Dhaka Division Development Board Ordinance, 1976 (LXXXI of 1976), the Chittagong District Development Board Ordinance, 1982 (XLVI of 1982), and the Comilla, Noakhali and Sylhet Districts Development Board Ordinance, 1982 (XLVII of 1982), hereinafter referred to as the said Ordinances, are hereby repealed. (2) Upon the repeal of the said Ordinances,- (a)\tthe Development Boards, hereinafter referred to as the said Boards, established under the said Ordinances, shall stand dissolved; (b)\tall assets, rights, powers, authorities, privileges and all properties, movable and immovable, cash and bank balances and all projects and programmes of the said Boards, and all other interests and rights in, or arising out of, such properties, projects and programmes, shall stand transferred to, and vest in, the Government; (c)\tall debts, liabilities and obligations of whatever kind of the said Boards, subsisting immediately before such repeal, shall be debts, liabilities and obligations of the Government; (d)\tall suits and other legal proceedings instituted by or against the said Boards in relation to the property, projects and programmes shall be deemed to be suits and other legal proceedings by or against the Government and shall be proceeded or otherwise dealt with accordingly; (e)\tservices of all officers and employees of the said Boards shall, notwithstanding anything contained in any contract or agreement or in the terms and conditions of service, stand transferred to the Government for absorption under sub-section (4). (3) The assets, rights, powers, authorities, privileges, properties, projects and programmes of the said Boards transferred to, and vested in, the Government under sub-section (2)(b) may be transferred by the Government to such authorities as it may deem fit; whereupon all debts, liabilities and obligations of the Government and all suits and other legal proceedings by or against the Government arising out of, or connected with, or incidental to, the assets, rights, powers, authorities, privileges, properties, projects and programmes so transferred shall, subject to any agreement made between the Government and the authority in this respect, be the debts, liabilities and obligations of, or, as the case may be, the suits or proceedings by or against, such authority. (4) The officers and other employees of the said Boards transferred to the Government under sub-section (2)(e) may, at the direction of the Government, be absorbed in any post under the Government or any local authority on such terms and conditions as may be determined by the Government, and if such terms and conditions are not acceptable to any such officer or employee, the Government may terminate his service by notice in writing with such benefits as the Government may determine.",
"name": "Repeal of Development Board Laws and savings",
"related_acts": "",
"section_id": 2
}
],
"text": "An Ordinance to repeal the Khulna Division Development Board Ordinance, 1976, the Rajshahi Division Development Board Ordinance, 1976, the Dhaka Division Development Board Ordinance, 1976, the Chittagong District Development Board Ordinance, 1982 and the Comilla, Noakhali and Sylhet Districts Development Board Ordinance, 1982. WHEREAS it is expedient to repeal the Khulna Division Development Board Ordinance, 1976 (LXXV of 1976), the Rajshahi Division Development Board Ordinance, 1976 (LXXX of 1976), the Dhaka Division Development Board Ordinance, 1976 (LXXXI of 1976), the Chittagong District Development Board Ordinance, 1982 (XLVI of 1982), the Comilla, Noakhali and Sylhet Districts Development Board Ordinance, 1982 (XLVII of 1982), and for matter connected therewith; NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance :-"
} |
{
"id": 701,
"lower_text": [
"1 The word “and” was omitted by section 2 of the Public Corporations (Management Co-ordination) (Amendment) Act, 1994 (Act No. XVII of 1994).",
"2 The semi-colon (;) was substituted for the full-stop (.) and thereafter clause (e) was added by section 2 of the Public Corporations (Management Co-ordination) (Amendment) Act, 1994 (Act No. XVII of 1994).",
"3 Section 14A was inserted by section 3 of the Public Corporations (Management Co-ordination) (Amendment) Act, 1994 (Act No. XVII of 1994)."
],
"name": "The Public Corporations (Management Co-ordination) Ordinance, 1986",
"num_of_sections": 16,
"published_date": "5th July, 1986",
"related_act": [
701
],
"repelled": false,
"sections": [
{
"act_id": 701,
"details": "1. This Ordinance may be called the Public Corporations (Management Co-ordination) Ordinance, 1986.",
"name": "Short title",
"related_acts": "701",
"section_id": 1
},
{
"act_id": 701,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a) “Council” means the Council for Public Corporations established under section 4; (b) “enterprise” means an industrial or commercial enterprise, a company or a firm vested in, or owned by, or the majority shares in which belong to, the Government and which is placed under a public corporation by or under any law for the time being in force or an industrial or commercial enterprise, a company or a firm owned, managed or maintained by a public corporation; (c) “prescribed” means prescribed by regulations made under this Ordinance; 1* * * (d)\t“public corporation” means an authority, body, organisation or company specified in the Schedule to this Ordinance 2; (e) “worker” means any person, skilled or unskilled, who works for hire or rewards, but does not include a person who is employed in any managerial, administrative, supervisory or solely clerical capacity.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 701,
"details": "3. The provisions of this Ordinance and the regulations made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.",
"name": "Ordinance to over-ride other laws",
"related_acts": "",
"section_id": 3
},
{
"act_id": 701,
"details": "4. (1) There shall be a Council to be called the Council for Public Corporation for carrying out the purposes by this Ordinance. (2) The Council shall consist of the following members, namely:- (a) the Minister-in-Charge of the Ministry or Division dealing with finance, ex-officio; (b) the Minister-in-Charge of the Ministry or Division dealing with planning, ex-officio; (c) the Minister-in-Charge of the Ministry or Division dealing with industries, ex-officio; (d) the Minister-in-Charge of the Ministry or Division dealing with energy and mineral resources, ex-officio; and (e) \tthe Minister-in-Charge of the Ministry or Division dealing with commerce, ex-officio. (3) The Minister-in-Charge of the Ministry or Division which has administrative control over any public corporation shall, in relation to any matter under consideration of the Council in respect of such corporation, also be deemed to be a member of the Council. (4) The President shall nominate a member of the Council to be its Chairman.",
"name": "The Council",
"related_acts": "",
"section_id": 4
},
{
"act_id": 701,
"details": "5. The Council shall- (a)\tformulate general policy guidelines for public corporations and issue instructions and directives for the co-ordination and better management of the affairs and business of such corporations following such policy guidelines; (b)\tformulate general guidelines for preparation of management objectives of public corporations; (c) \tformulate general guidelines for preparation of budgets by public corporations; (d)\tco-ordinate management objectives of public corporations; (e) \tapprove production target and profit and performance criteria for any public corporations; (f)\tapprove declaration of dividend or contribution of profit to Government by any public corporations; (g)\tevaluate periodically and monitor performance of public corporations; and (h)\tdo such other acts and things as it may consider necessary for ensuring co-ordinations and better management of public corporations.",
"name": "Functions of the Council",
"related_acts": "",
"section_id": 5
},
{
"act_id": 701,
"details": "6. (1) The Council may appoint a Committee of Experts:- (a)\tto provide it with research services in the field of management of public corporations and their enterprises; (b)\tto advise it on professional or technical matters concerning public corporations and their enterprises; and (c)\tto assist it in the matter of evaluation of performance of public corporations and their enterprises. (2) The Council may appoint such other Committee or Committees as it deems fit to assist it in the performance of its functions under this Ordinance.",
"name": "Appointment of Committees",
"related_acts": "",
"section_id": 6
},
{
"act_id": 701,
"details": "7. (1) The Council shall formulate, at least six months prior to the commencement of every financial year, general guidelines for preparation of management objectives by public corporations for that year. (2) A public corporation shall prepare management objectives for itself and its enterprises in the manner laid down in the guidelines and shall submit the same to the Ministry or Division which has administrative control over it within such time as may be specified by the Council. (3) The Ministry or Division to which the management objectives have been submitted shall examine the objectives and make such modifications therein as it deems fit and forward the same to the Council for approval within such time as may be specified by the Council. (4) The Council shall, after co-ordinating the management objectives of the different public corporations, give its approval to the management objectives submitted to it, subject to such modifications as it deems fit to make, and inform the Ministry or Division and the public corporation of such approval at least one month before the commencement of the financial year concerned.",
"name": "Management objectives",
"related_acts": "",
"section_id": 7
},
{
"act_id": 701,
"details": "8. (1) Every public corporation shall, for every financial year, prepare a statement indicating the production target and profit and performance criteria in respect of itself and its enterprises and submit it to the Ministry or Division which has administrative control over it at least three months prior to the commencement of such financial year and the Ministry or Division to which the statement has been submitted shall, in its turn, forward it to the Council, together with its comments thereon, for approval. (2) The Council shall, after examining the statement forwarded to it under sub-section (1), give its approval to the production target and profit and performance criteria, subject to such modifications as it deems fit to make, and inform the Ministry or Division and the public corporation of such approval and send a copy thereof to each of them.",
"name": "Production target and profit and performance criteria",
"related_acts": "",
"section_id": 8
},
{
"act_id": 701,
"details": "9. (1) Every public corporation shall prepare an annual performance report in respect of itself and its enterprises and submit it to the Ministry or Division which has administrative control over it within such time as may be specified by the Council. (2) The Ministry or Division to which the report has been submitted shall forward it to the Ministry or Division dealing with finance, together with its comments thereon, within one month of its receipt, and that Ministry or Division, in its turn, shall forward the report to the Council, together with its comments thereon, within similar time. (3) An annual performance report to be submitted under sub-section (1) shall be accompanied by an audited statement of the accounts of the public corporation and its enterprises. (4) The Council shall determine the method for its evaluation of performance of public corporations and their enterprises and shall use the annual performance reports submitted under sub-section (1) as the basic document for such evaluation. (5) The Council shall complete the evaluation of performance of a public corporation and its enterprises within three months from the date of receipt by it of the annual performance report of the corporation under sub-section (1) and shall submit a report, containing the results of such evaluation, to the President and send a copy thereof, together with its recommendations, if any, to the Ministry or Division which has administrative control over the corporation. (6) The Ministry or Division receiving the copy of a report under sub-section (5) shall take, as expeditiously as possible, all measures necessary for implementation of the recommendations, if any, of the Council.",
"name": "Performance evaluation",
"related_acts": "",
"section_id": 9
},
{
"act_id": 701,
"details": "10. The Ministry or Division which has the administrative control over a public corporation shall determine the policy relating to the price of goods and services produced and rendered by such corporation and its enterprises and, the corporation shall fix the price of such goods and services according to such policy.",
"name": "Pricing policy of public corporation",
"related_acts": "",
"section_id": 10
},
{
"act_id": 701,
"details": "11. The Government shall reimburse to a public corporation the financial loss, if any, incurred by it or by any of its enterprises consequent upon the following by it or by such enterprises any specific instructions given by the Government on matters relating to the business or administration of such corporation or enterprises.",
"name": "Re-imbursement of financial loss",
"related_acts": "",
"section_id": 11
},
{
"act_id": 701,
"details": "12. Notwithstanding anything contained in any law relating to a public corporation, such public corporation shall, in addition to the functions specified in such law, (a)\tprepare management objectives and budget and financial plan based on guidelines given by the Council, (b)\tmake arrangement for the use of its reserve, and (c)\tformulate plan for proper management of raw materials and spares.",
"name": "Additional functions of public corporations",
"related_acts": "",
"section_id": 12
},
{
"act_id": 701,
"details": "13. A public corporation shall appoint the chief executive officers of its enterprises and such other officers of such enterprises as it may, by order in writing, specify and shall also appoint the auditors for such enterprises.",
"name": "Appointment of officers of enterprises",
"related_acts": "",
"section_id": 13
},
{
"act_id": 701,
"details": "14. Notwithstanding anything contained in any terms and conditions of service or in any contract or in any rules, regulations or bye-laws relating to any terms and conditions of service, a public corporation may, if it considers expedient in the interest of better administration of the affairs and business of itself or its enterprises, transfer its officers and other employees to an enterprise or transfer the officers and other employees, including workers, of one enterprise to another enterprise or to itself.",
"name": "Transfer of officers, employees, etc.",
"related_acts": "",
"section_id": 14
},
{
"act_id": 701,
"details": "3 14A. (1) A worker of an enterprise shall, notwithstanding anything contained in the terms and conditions of his employment in any contract, rule, regulation, bye-law or other instrument, retire from employment on the completion of the sixtyth year of his age: Provided that a worker who has completed the sixtyth year of his age on or before the date of commencement of the Public Corporations (Management Co-ordination) (Amendment) Act, 1994 (১৯৯৪ সনের ১৭ নং আইন)shall cease to be in the employment of the enterprise on such commencement.",
"name": "Retirement of a worker, etc.",
"related_acts": "",
"section_id": 15
},
{
"act_id": 701,
"details": "15. The Council may, by notification in the official Gazette, make regulations for carrying out the purposes of this Ordinance.",
"name": "Power to make regulations",
"related_acts": "",
"section_id": 16
}
],
"text": "An Ordinance to provide for the co-ordination of management of the affairs and business of certain public corporations. WHEREAS it is expedient to provide for the co-ordination of management of the affairs and business of certain public corporations and for matters connected therewith; NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 702,
"lower_text": [],
"name": "The Rajshahi Krishi Unnayan Bank Ordinance, 1986",
"num_of_sections": 39,
"published_date": "9th July, 1986",
"related_act": [
98,
454,
442,
702,
415
],
"repelled": true,
"sections": [
{
"act_id": 702,
"details": "1. (1) This Ordinance may be called the Rajshahi Krishi Unnayan Bank Ordinance, 1986. (2)\tIt shall come into force on such date as the Government may, by notification in the official Gazette, appoint. (3)\tIt extends to the whole area within the Administrative Division of Rajshahi.",
"name": "Short title, commencement and extent",
"related_acts": "702",
"section_id": 1
},
{
"act_id": 702,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“agriculture” includes the raising of crop of any kind, horticulture, forestry, fishery, animal husbandry, poultry farming, dairying, bee-keeping and sericulture and other agro-industries; (b)\t“agriculturist” means any individual engaged in agriculture or in the development of agriculture or agricultural products or in storage, warehousing, marketing or processing of agricultural produce, and any public or private limited company or co-operative society incorporated or registered by or under any law for the time being in force and so engaged, and any person, company or co-operative society incorporated or registered as aforesaid, who satisfies the Bank that the loan to be taken shall be spent on agriculture or the development of agriculture or agricultural products or on the storage, warehousing or marketing or processing of agricultural products; (c)\t“Bank” means the Rajshahi Krishi Unnayan Bank established under this Ordinance; (d)\t“Board” means the Board of Directors of the Bank; (e)\t“Bangladesh Bank” means the Bangladesh Bank established under the Bangladesh Bank Order, 1972 (P.O. No. 127 of 1972); (f)\t“Chairman” means the Chairman of the Board of Directors; (g)\t“co-operative society” means a society registered under the Co-operative Societies Ordinance, 1985 (I of 1985); (h)\t“cottage industries” means any industry which is carried on wholly or mainly by the member of a family either as a whole-time or as a part-time occupation or by a group of such persons who have formed themselves into a co-operative society; (i)\t“Managing Director” means the Managing Director of the Bank; (j)\t“prescribed” means prescribed by rules or regulations made under this Ordinance; (k)\t“small agriculturist” means an agriculturist in occupation of a holding which is normally tilled by himself and the members of his family.",
"name": "Definitions",
"related_acts": "415",
"section_id": 2
},
{
"act_id": 702,
"details": "3. (1) On the commencement of this Ordinance, there shall be established a Bank to be called the Rajshahi Krishi Unnayan Bank to carry out the purposes of this Ordinance. (2)\tThe Bank shall be a body corporate, having perpetual succession and a common seal with power to acquire, hold and dispose of property, both movable and immovable, and shall, by the said name, sue and be sued. (3)\tThe Bank shall be deemed to be a banking company for the purposes of the Banking Companies Ordinance, 1962 (LVII of 1962), and the Bangladesh Bank Order, 1972 (P.O. No. 127 of 1972), and any other law for the time being in force relating to banking companies. (4)\tNotwithstanding anything contained in any of the laws mentioned in sub-section (3), the Bank may refer to the Bangladesh Bank for reconsideration of any directives issued under any of the said laws by the Bangladesh Bank and, in the event of a difference of opinion between the Bank and the Bangladesh Bank, the matter shall be referred to the Government whose decision thereon shall be final.",
"name": "Establishment of the Bank",
"related_acts": "415",
"section_id": 3
},
{
"act_id": 702,
"details": "4.\tThe authorised capital of the Bank shall be one hundred and fifty crore taka to be subscribed by the Government from time to time according to the requirements of the Bank and in such form and manner as may be prescribed: Provided that the Government may increase the authorised capital of the Bank from time to time.",
"name": "Authorised capital",
"related_acts": "",
"section_id": 4
},
{
"act_id": 702,
"details": "5. (1) The Head office of the Bank shall be at Rajshahi and may be shifted to such other place within the Rajshahi Division as the Government may direct. (2)\tThe Bank may open such other offices and branches at such places as it may consider necessary.",
"name": "Head office, etc.",
"related_acts": "",
"section_id": 5
},
{
"act_id": 702,
"details": "6. (1) Subject to the rules made under this Ordinance, the general direction and administration of the affairs and business of the Bank shall be entrusted to a Board of Directors to be constituted in accordance with the provisions of section 7 and such Board may exercise all such powers and do all such acts and things as may be exercised or done by the Bank. (2)\tThe Board, in discharging its functions, shall act on commercial considerations but due regard to be paid to the interest of agriculture and development of agriculture and cottage and other allied industries in the rural as well as urban areas and to the public interest generally, and shall be guided on questions of policy by the instructions, if any, given to it by the Government which shall be the sole judge as to whether a question is a question of policy or not. (3)\tUntil the first Board is constituted under section 7 the Managing Director appointed under the said section shall exercise all powers and do all acts and things as may be exercised or done by the Board.",
"name": "General direction",
"related_acts": "",
"section_id": 6
},
{
"act_id": 702,
"details": "7. (1) The Board shall consist of the following Directors to be appointed by the Government, namely:- (a)\tthe Chairman; (b)\tthe Managing Director; (c)\tthree officials; and (d)\ttwo non-officials. (2)\tThe Chairman shall be appointed from amongst persons who are not in the service of the Republic. (3)\tThe Chairman, Managing Director and other Directors shall hold office for such period and on such terms and conditions as the Government may determine. (4)\tThe Government may, at any time, terminate the appointment of the Chairman, Managing Director or any other Director without assigning any reason. (5)\tThe Chairman, Managing Director or any other Director may, at any time, resign his office by notice in writing addressed to the Government: Provided that no resignation shall take effect until it has been accepted by the Government.",
"name": "Board",
"related_acts": "",
"section_id": 7
},
{
"act_id": 702,
"details": "8.\t(1) The Managing Director shall be the chief executive officer of the Bank. (2)\tThe Chairman, Managing Director and other Directors shall exercise such powers, perform such functions and discharge such duties as may be prescribed or assigned to them by the Board.",
"name": "Power and functions of Directors",
"related_acts": "",
"section_id": 8
},
{
"act_id": 702,
"details": "9. (1) There shall be an executive committee consisting of- (a)\tthe Chairman; (b)\tthe Managing Director; and (c)\tanother Director to be elected by the Board. (2)\tSubject to the rules made in this behalf, the Executive Committee shall deal with any matter within the competence of the Board. (3)\tThe minutes of any meeting of the Executive Committee shall be laid before the Board at its meeting next following the meeting of the Committee.",
"name": "Executive Committee",
"related_acts": "",
"section_id": 9
},
{
"act_id": 702,
"details": "10. (1) No business of the Board or of the Executive Committee shall be transacted except at a meeting at which a quorum of three Directors in the case of the Board and two members in the case of Executive Committee is present. (2)\tThe meetings of the Board and of the Executive Committee shall be held at such time and at such places as may be prescribed by regulations. (3)\tAll meetings of the Board or of the Executive Committee shall be presided over by the Chairman and in his absence by a Director or member chosen for that purpose by the Directors or members present from amongst their number. (4)\tAt a meeting of the Board or of the Executive Committee, each Director or member of the Committee, as the case may be, shall have one vote and in the event of equality of votes, the Chairman shall have a second or casting vote. (5)\tNo act or proceeding of the Board or of the Executive Committee shall be invalid merely on the ground of the existence of any vacancy in, or any defect on the constitution of, the Board or the Executive Committee.",
"name": "Meetings",
"related_acts": "",
"section_id": 10
},
{
"act_id": 702,
"details": "11.\t(1) The Directors, other than the Managing Director, shall be paid such fees for attending the meetings of the Board, the Executive Committee or the Technical Advisory Committee as may be fixed by the Government from time to time. (2)\tThe Directors shall be reimbursed such travel costs and other expenditure for attending the meetings of the Board, the Executive Committee or the Technical Advisory Committee as may be prescribed by rules. (3)\tAll fees, travel costs and other expense under this section shall be payable by the Bank.",
"name": "Fees, etc. of Directors",
"related_acts": "",
"section_id": 11
},
{
"act_id": 702,
"details": "12.\tThe Bank may appoint a committee of experts to be called the Technical Advisory Committee to give its technical advice on schemes submitted to the Bank for financial assistance or on any point that may be referred to the Committee by the Board.",
"name": "Technical Advisory Committee",
"related_acts": "",
"section_id": 12
},
{
"act_id": 702,
"details": "13.\t(1) The Bank shall provide credit in cash or in kind and credit facilities including the hiring and renting of anything which it may advance by way of loan and the provision for warehousing facilities, for such terms and subject to such conditions as may be prescribed by rules , to agriculturists for the purpose of agriculture and to persons engaged in cottage, agro-based or other allied industries in rural as well as urban areas for the purpose of such industries as may carry on and transact the several kinds of business hereinafter specified, that is to say,- (a)\tthe accepting of money on deposit; (b)\tthe borrowing of money for the purposes of the Bank's business against the security of its assets or otherwise; (c)\tthe issuing and selling of bonds and debentures; (d)\tfor the purpose of securing loans and advances made by the Bank, accepting pledge, mortgage, hypothecation or assignment to the Bank of any kind of movable and immovable property or unconditional Bank guarantee of a scheduled bank or drawing, accepting, discounting, buying and selling or rediscounting bills of exchange and promissory notes bearing two or more good signatures, one of which shall be that of a scheduled bank, or other negotiable instruments: Provided that where a loan not exceeding five thousand taka in the aggregate is made to an individual agriculturist, it may be secured by a bond with one or more sureties as the Bank may deem necessary if such agriculturist makes an agreement with the Bank creating a charge on any of his specified property to secure the performance of the stipulations of the bond; (e)\tthe buying, stocking and supplying on credit, of seeds, agricultural machinery, implements and equipments, fertilisers and chemicals and any other material used in agriculture and acting as agent for any organisation for such goods; (f)\tthe subscribing to the debentures, being debentures repayable within a period not exceeding ten years of any body corporate concerned with agriculture or the financing of agriculture, the financing of cottage, agro-based or other allied industries in rural as well as urban areas; (g)\tthe custody of gold, ornaments, jewels, securities, saving certificates, title deeds and other valuable articles and the collection of the proceeds, whether principal, interest or dividends of any such securities or saving certificates; (h)\tthe administration of estates for any purpose whether as executor, trustee or otherwise; (i) the paying, receiving, collecting and remitting of money and securities; (j) the acquiring, maintaining and transferring of all movable and immovable properties including residential premises for carrying on its business; (k)\tthe taking over of business, including the capital, assets and liabilities of any other Bank or financial institution, with the previous approval of the Government ; (l)\tthe guaranting against the security of agricultural property of loans granted by scheduled banks; (m)\tthe opening of accounts or the making of any agency arrangement with, and the acting as agent or correspondent of, any bank or financial institution; (n)\tthe investing of its funds in Government securities as a purely temporary measure; (o)\tthe selling and realising of all properties, whether movable or immovable, which may in any way come into the possession of the Bank in satisfaction or part satisfaction of any of its claim and the acquisition and the holding of, and generally the dealing with, any right, title or interest in any property, movable or immovable, which may be the Bank's security; (p)\tgenerally the doing of all such acts and things as may be necessary, incidental or conductive to the attainment of the object of the Bank. (2) Notwithstanding anything in sub-section (1), any loan guaranteed by the Government may be made without any specific security. (3)\tNotwithstanding anything contained in any law for the time being in force, it shall be lawful for any agriculturist or persons engaged in cottage industry, agro-based or in any other allied industries in the rural as well as urban areas to pledge, mortgage, hypothecate or assign any kind or quantity of movable or immovable property to the Bank, or otherwise to create a charge on any such property in order to secure the repayment of the loan and the Bank shall, in accordance with the provisions of this Ordinance, be competent to deal with and recover its dues from any property so pledged, mortgaged, hypothecated or assigned: Provided that no property so pledged, mortgaged, hypothecated, assigned or otherwise charged shall be sold or otherwise disposed of except by public auction and then only so much of it as is sufficient to recover the dues of the Bank and the Bank shall not bid at such auction except in cases where the bid is not sufficient to pay up the Bank's dues or there are no bidders. (4)\tNotwithstanding anything contained in any law for the time being in force, any charge created on any property to secure the repayment of the loan of the Bank or to secure performance of the stipulations of any bond executed in favour of the Bank shall be enforced against such property in the hands of any person to whom it may have been transferred including the person who has acquired the property for consideration and without notice of the charge. (5)\tThe Bank may make use of any agency prescribed by rules for watching the expenditure from its loans and making recoveries. (6)\tSubject to such directions, if any, as may be given by the Government, the Bank may carry on and transact outside Bangladesh all or any of the business specified in sub-section (1). (7)\tNotwithstanding anything in sub-section (1) or elsewhere in this Ordinance, loans for purposes other than agricultural may be advanced to any deposit holder with the Bank against his own deposit as and when required.",
"name": "Functions of the Bank",
"related_acts": "",
"section_id": 13
},
{
"act_id": 702,
"details": "14.\tThe Bank may undertake, if necessary, in collaboration and consultation with official or non- official agencies,- (a)\tany research on agricultural credit, marketing of agricultural products, agricultural credit to co-operative societies, cottage industries and other allied industries in rural as well as urban areas, and other allied subject, and the establishment of research institutions in that connection; and (b)\tthe provision of training facilities, including the establishment of training institutions, for the benefit of its personnel and that of co-operative societies and other bodies corporate which may have financial relations with the Bank.",
"name": "Research and training, etc.",
"related_acts": "",
"section_id": 14
},
{
"act_id": 702,
"details": "15.\tIn transacting the business of the Bank, the Board shall, as far as possible, give due attention to credit needs of small agriculturists, including marginal and landless farmers.",
"name": "Attention to credit needs of small agriculturist",
"related_acts": "",
"section_id": 15
},
{
"act_id": 702,
"details": "16.\tThe Bank shall not make any unsecured advance or loan to any Director or to any concern in which a Director is interested.",
"name": "Unsecured loan to Directors prohibited",
"related_acts": "",
"section_id": 16
},
{
"act_id": 702,
"details": "17.\tThe Bank shall require and, as far as possible, ensure that a loan is spent on the purpose for which it is made, and if this requirement is not complied with by the borrower, the Bank may require the repayment of the loan forthwith.",
"name": "Loan to be spent for the purpose for which it is made",
"related_acts": "",
"section_id": 17
},
{
"act_id": 702,
"details": "18.\tNotwithstanding any agreement to the contrary, the Bank may, by notice, require any borrower forthwith to pay his debt to the Bank in full, if- (a)\the has failed to comply with any terms of the agreement under which the relevant loan, advance or credit has been granted; (b)\tthe Bank reasonably apprehend that he is unable to pay his debt; (c)\tin the opinion of the Bank, false or misleading information on any material particular has been given in the application for the relevant loan, advance or credit or in any other statement or communication made in connection with any loan, advance or credit granted to him; (d)\tthe property mortgaged, hypothecated or assigned to the Bank as security for the advance, loan or credit is not kept in proper conditions to the satisfaction of the Bank, or the value estimated by the Bank has depreciated by more than 20 per cent and further security to the satisfaction of the Bank is not given within the time specified by the Bank; (e)\twithout the permission of the Bank, any property pledged, mortgaged, hypothecated or assigned to the Bank, is leased or rented to third parties or is in any way charged, disposed of or removed from the place where it was at the time the loan, advance or credit was granted; (f)\tfor any other reason it is necessary, in the opinion of the Bank, to protect its interest.",
"name": "Bank may require payment of debt in full under certain \tcircumstances",
"related_acts": "",
"section_id": 18
},
{
"act_id": 702,
"details": "19.\t(1) Where any agriculturist who is liable to the Bank under any agreement makes default in repayment or otherwise fails to comply with the terms of his agreement with the Bank, such default or failure, not being due to natural calamity, the Bank may, subject to any rules made in this behalf, take over the management of the concern of the agriculturist and sell or realise any property pledged, mortgaged, hypothecated or assigned by the agriculturist to secure his liability to the Bank. (2)\tAll sums due to the Bank shall be recoverable as arrears of land revenue . (3)\tIn the application of the Public Demands Recovery Act, 1913 (Ben. Act III of 1913), for the purpose of the recovery of the dues of the Bank, the provisions of sections 7, 9, 10 and 13 of that Act shall not apply and the certificates issued under section 6 of the said Act shall be conclusive proof that the amount specified therein is due to the Bank. (4)\tSums due from a co-operative society and recoverable under sub-section (1) may be recovered in accordance with the provisions of law for the time being in force relating to the recovery of such sums due from a co-operative society to the Government. (5)\tAn Officer of the rank of Manager or above of the Bank may exercise all the powers exercisable by a certificate officer under the Public Demands Recovery Act, 1913 (Ben. Act III of 1913),within his jurisdiction for the purpose of recovery of the dues of the Bank only.",
"name": "Recovery of dues",
"related_acts": "98,98",
"section_id": 19
},
{
"act_id": 702,
"details": "20.\tThe Bank shall establish a fund to be called the General Reserve Fund and create from time to time such other reserves as the Government may direct.",
"name": "General Reserve Fund",
"related_acts": "",
"section_id": 20
},
{
"act_id": 702,
"details": "21.\tAfter making adequate provision for bad and doubtful debts, depreciation of assets or any other matters which are usually provided for the bankers, the net annual profit of the Bank shall be disposed of in accordance with the decision of the Government in this respect.",
"name": "Disposal of profit",
"related_acts": "",
"section_id": 21
},
{
"act_id": 702,
"details": "22.\t(1) The Bank shall maintain proper accounts and prepare annual statement of accounts, including the profit and loss account and balance sheet, and shall comply in respect of such accounts with such general directions as may be issued by the Government from time to time. (2)\tThe accounts of the Bank shall be audited by not less than two auditors, being chartered accountants within the meaning of the Bangladesh Chartered Accountants Order, 1973 (P.O. No. 2 of 1973), who shall be appointed by the Government. (3)\tEvery auditor appointed under sub-section (2) shall be given a copy of the annual balance sheet and other accounts of the Bank and shall examine it, together with the accounts and vouchers relating thereto, and shall have a list delivered to him of all books kept by the Bank, and shall at all reasonable times have access to the books, accounts and other documents of the Bank, and may, in relation to such accounts, examine any Director or officer of the Bank. (4)\tThe auditors shall report to the Government upon the annual balance sheet and accounts, and in their report they shall state whether, in their opinion, the balance sheet contains all necessary particulars and is properly drawn up so as to exhibit a true and correct view of the state of affairs of the Bank, and in case they have called for any explanation or information from the Bank, whether it has been given and whether it is satisfactory. (5)\tThe Government may, at any time, issue directions to the auditors requiring them to report to it upon the adequacy of measures taken by the Bank for the protection of the interest of the Government and of the creditors of the Bank or upon the sufficiency of the procedure in auditing the affairs of the Bank, and may, at any time, enlarge or extend the scope of the audit or direct that different procedure in audit shall be adopted or that any other examination shall be made by the auditors or any other person or persons, if, in its opinion, the interest of the Government so requires .",
"name": "Accounts and audit",
"related_acts": "442",
"section_id": 22
},
{
"act_id": 702,
"details": "23.\t(1) The Bank shall furnish to the Government such returns, reports and statements as the Government may, from time to time, require. (2)\tThe Bank shall, as soon as possible, after the end of every financial year but not later than four months, furnish to the Government a statement of accounts audited by the auditor under section 22 together with an annual report on the working of the Bank during the year. (3)\tThe copies of the audited accounts and annual report received by the Government under sub-section (2) shall be published in the official Gazette.",
"name": "Statement and reports",
"related_acts": "",
"section_id": 23
},
{
"act_id": 702,
"details": "24.\t (1) The Government shall appoint one or more General Manager of the Bank on such terms and conditions as it may determine. (2)\tThe Bank may, subject to the directives of the Government issued from time to time in this regard, appoint or employ such other persons including advisers as it considers necessary for the efficient performance of its operation on such terms and conditions as may be prescribed by regulations.",
"name": "Appointment of officers and employees",
"related_acts": "",
"section_id": 24
},
{
"act_id": 702,
"details": "25.\t(1) Every Director shall be indemnified by the Bank against all losses and expenses incurred by him in the discharge of his duties except such as are caused by his own wilful act or default. (2)\tA Director shall not be personally responsible for the acts of any other Director or of any employee of the Bank for any loss or expense resulting to the Bank by reason of the inefficiency or deficiency in value of or title to any property or security acquired or taken on behalf of the Bank or by the wrongful act of any person under a liability acquired or taken on behalf of the Bank or by anything done by him in good faith in the execution of the duties of his office.",
"name": "Indemnity",
"related_acts": "",
"section_id": 25
},
{
"act_id": 702,
"details": "26.\t(1) Every Director, member of the Technical Advisory Committee, auditor or employee of the Bank shall, before entering upon his duties, make a declaration of fidelity and secrecy in the form set out in the Schedule to this Ordinance. (2)\tWhoever contravenes his declaration of fidelity and secrecy shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand taka, or with both.",
"name": "Declaration of fidelity and secrecy",
"related_acts": "",
"section_id": 26
},
{
"act_id": 702,
"details": "27.\tWhoever, in any application for obtaining a loan, advance or credit or in any balance sheet, statement of profit and loss, declaration or any other document submitted to the Bank in respect of any financial aid sought or granted under this Ordinance, wilfully makes a false statement or knowingly permits any false statement to be made or to remain or uses or permits to be used any loan, advance, or credit for any purpose other than that for which it is granted by the Bank shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand taka, or with both.",
"name": "Penalty for false statement, etc.",
"related_acts": "",
"section_id": 27
},
{
"act_id": 702,
"details": "28.\t(1) No information given by a person applying to the Bank for financial assistance, or based on data furnished by such person, shall be disclosed or used for a purpose not connected with the discharge of his duties by any Director, or member of the Technical Advisory Committee or of any committee or by any employee of the Bank. (2)\tWhoever contravenes any of the provisions of sub-section (1) shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand taka, or with both.",
"name": "Penalty for disclosure of information",
"related_acts": "",
"section_id": 28
},
{
"act_id": 702,
"details": "29.\tWhoever, without the consent in writing of the Bank, uses its name in any prospectus or advertisement shall be punishable with the imprisonment for a term which may extend to six months, or with fine which may extend to one thousand taka, or with both.",
"name": "Penalty for unauthorised use of Bank name",
"related_acts": "",
"section_id": 29
},
{
"act_id": 702,
"details": "30.\tNo Court shall take cognizance of any offence punishable under this Ordinance otherwise than on a complaint in writing signed by an officer of the Bank authorised in this behalf.",
"name": "Cognizance of offence",
"related_acts": "",
"section_id": 30
},
{
"act_id": 702,
"details": "31.\tNo provision of law relating to the winding up of banking companies shall apply to the Bank and the Bank shall not be wound up save by order in writing of the Government and in such manner as the Government may direct.",
"name": "Winding up",
"related_acts": "",
"section_id": 31
},
{
"act_id": 702,
"details": "32.\tEvery officer or other employees of the Bank while performing duties under this Ordinance shall be deemed to be a public servant within the meaning of section 21 of the Penal Code (Act XLV of 1960).",
"name": "Public Servant",
"related_acts": "",
"section_id": 32
},
{
"act_id": 702,
"details": "33.\t(1) The Government may, by notification in the official Gazette, make rules for carrying out the purpose of this Ordinance. (2)\tIn particular and without prejudice to the generality of the foregoing power, such rules may provide for- (a)\tthe duties and powers of the Managing Director; (b)\tthe manner, conditions and terms of issue and redemption of bonds and debentures; (c)\tthe conditions subject to which advances, loans and credit may be granted to- (i)\ta Director; (ii)\ta member of the Technical Advisory Committee; (iii)\tan employee of the Bank; (iv)\ta relative of any person mentioned in the above sub-clauses; (v)\tan individual or a co-operative society or any other body corporate with whom or which any of the persons mentioned in this clause is connected as partner, director, manager, employee or otherwise.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 33
},
{
"act_id": 702,
"details": "34.\t(1) The Board may, with the previous approval of the Government, make regulations, not inconsistent with the provisions of this Ordinance and the rules, to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this Ordinance and the efficient conduct of the affairs of the Bank. (2)\tWithout prejudice to the generality of the provision of sub-section (1), the regulations may provide for - (a)\tthe conduct of the business and the meetings of the Board and of the Executive Committee or any other Committee or Sub-Committee; (b)\tthe procedure for recovery of loans and other dues of the Bank; (c)\tthe disclosure of interest, direct or indirect, of a Director in any application for loan; (d)\tthe recruitment of the employees of the Bank, the terms and conditions of their services, the constitution and management of Provident Fund for the employees of the Bank and all other matters connected with any of these things; (e)\tthe duties and conduct of employees and agents; (f)\tthe forms of returns and statements; (g)\tpreparation of annual estimates of income and expenditure of the Bank and their submission to the Board and the Government. (3)\tAll regulations made under this section shall be published in the official Gazette and shall come into force upon such publication.",
"name": "Power to make regulations",
"related_acts": "",
"section_id": 34
},
{
"act_id": 702,
"details": "35.\tIn the Bangladesh Krishi Bank Order, 1973 ( P.O. No. 27 of 1973), in Article 1, in clause (2), for the word “Bangladesh” the words “Bangladesh except the Rajshahi Division” shall be substituted.",
"name": "Amendment of P.O. No.27 of 1973",
"related_acts": "454",
"section_id": 35
},
{
"act_id": 702,
"details": "36.\t(1) On the commencement of this Ordinance, the entire undertaking of the Bangladesh Krishi Bank, established under the Bangladesh Krishi Bank Order, 1973 (P.O. No. 27 of 1973), hereinafter referred to as the said Bank, in relation to the area within the administrative Division of Rajshahi shall, unless otherwise directed by the Government, stand transferred to, and vest in, the Bank. (2) \tThe undertaking of the Bangladesh Krishi Bank in relation to the area within the Administrative Division of Rajshahi shall, unless otherwise directed by the Government, be deemed to include all assets, rights, powers, authorities and privileges and all property, movable and immovable, cash balances, reserve funds, investment and all other rights and interests in, or arising out of, such property as were immediately before the commencement of this Ordinance in the ownership, possession, power or control of the said Bank in relation to the undertaking within the area of the Administrative Division of Rajshahi and all books of accounts, registers, records and all other documents of whatever nature relating thereto and shall, unless the Government otherwise directs, also be deemed to include all borrowings, liabilities and obligations of whatever kind then subsisting of the said Bank in relation to such undertaking in the area within the Administrative Division of Rajshahi. (3)\tUnless otherwise expressly provided by this Ordinance and unless the Government otherwise directs, all contracts, deeds, bonds, agreements, powers of attorney, grants of legal representative and other instruments of whatever nature subsisting or having effect immediately before the commencement of this Ordinance and to which the said Bank is a party or which are in favour of the said Bank, so far as they relate to the undertaking of the said Bank which has vested in the Bank under sub-section (1) shall be of as full force and effect against or in favour of the Bank, and may be enforced or acted upon as fully and effectively as if in the place of the said Bank, the Bank had been a party thereto or as if they had been issued in favour of the Bank. (4)\tSubject to other provisions of this Ordinance and unless the Government otherwise directs, any suit, appeal or other proceedings of whatever nature pending on the date of commencement of this Ordinance by or against the said Bank in relation to the undertaking which has been vested in the Bank under sub-section (1) shall be deemed to be suit, appeal or other proceedings by or against the Bank and may be continued or proceeded with and enforced by or against the Bank.",
"name": "Transfer of assets, etc.",
"related_acts": "454",
"section_id": 36
},
{
"act_id": 702,
"details": "37.\t(1) Every officer or other employee of the said Bank who is serving under the said Bank anywhere within the area of administrative Division of Rajshahi shall become, on the commencement of this Ordinance, an officer or other employees, as the case may be, of the Bank and shall hold office in the Bank on the same terms and conditions and with the same rights and privileges as to the provident fund, gratuity, pension and other matters as were enjoyed by him immediately before such commencement and shall continue to do so unless and until his employment in the Bank is terminated or until his remuneration or terms and conditions of service are duly altered by the Bank: Provided that an officer or other employee may, within such time as may be specified by the Government, exercise his option not to continue in the service of the Bank and may opt to serve in the said Bank: Provided further that any other officer or employee of the said Bank may, within such time as may be specified by the Government, exercise his option to serve as an officer or employee of the Bank. (2)\tOption exercised by an officer or other employee under sub-section (1) shall be given effect to both by the said Bank and the Bank subject to availability of posts. (3)\tNo officer or other employee of the said Bank whose service is, by this Ordinance, transferred to the Bank shall, notwithstanding anything contained in any law for the time being in force, be entitled to any compensation because of such transfer.",
"name": "Transfer of officers and employees",
"related_acts": "",
"section_id": 37
},
{
"act_id": 702,
"details": "38.\tAll rules and regulations made under the Bangladesh Krishi Bank Order, 1973 (P.O. No. 27 of 1973), and in force immediately before the commencement of this Ordinance, shall, in so far as they are not inconsistent with the provisions of this Ordinance, continue in force and be deemed to have been made under the provisions of this Ordinance until they are repealed or amended under the said provisions.",
"name": "Rules and regulations under P.O.No.27 of 1973 to be deemed rules and regulations under this Ordinance",
"related_acts": "454",
"section_id": 38
},
{
"act_id": 702,
"details": "39.\tIf any difficulty arises in giving effect to the provisions of this Ordinance, the Government may, by order, do anything which appears to it to be necessary for the purpose of removing the difficulty: Provided that no such order shall be made after the expiration of two years from the coming into force of this Ordinance.",
"name": "Removal of difficulties",
"related_acts": "",
"section_id": 39
}
],
"text": "An Ordinance to provide for the establishment of a Krishi Unnayan Bank for Rajshahi Division. WHEREAS it is expedient to establish a Krishi Unnayan Bank for the Rajshahi Division and to provide for matters connected therewith or incidental thereto; NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |