Thursday 10 July 2014

Work plan of the law commission



Work plan for the year of 2008-2009
 Under Section 6A of the Act the Commission is to prepare a work plan for each two-year on the conduct of its affairs. Pursuant to the section the Commission prepared a work plan for the year 2008-2009.The following laws/matters have been taken for making review for the year 2008-2009.
             Work plan for the year of 2008-2009
                  1.      The Child Marriage and Restraint Act, 1929
             2.      The Dowry Prohibition Act, 1980
            3.      Law regarding an Independent Prosecution Service
            4.      The Antiquities Act, 968
            5.      The Bangladesh Environment Preservation Act, 1995 and
                    the  Environment Adalat Ain, 2000            
            6.      The Family Court Ordinance, 1985
            7.      Artha Rin Adalat Ain, 2003
            8.      Law for Consumer Protection
            9.      Real Estate law/ Fair House Law
          10.     The Control of Essential Commodities Act, 1956 and 1957
          11.     The Co-operative Society Act,2000
          12.     The Civil Procedure Code, 1908
          13.     The Specific Relief Act, 1877
          14.     The Limitation Act, 1908
          15.     The Drug Control Ordinance, 1982
          16.     The State Acquisition and Tenancy Act, 1950
          17.     Reforms of Hindu law
          18.     Law on Human Rights
          19.    Projects/ Studies/ Tour/ Conferences/ Workshops/ Seminars for 
                   the  improvement  and modernization of judicial administration 
                   system    
          20.   During the period of the commission shall also deal with any 
                 reference as may be sent  to it by the Government. from time to time
          21.  Law Reform Project with the aid and assistance of CIDA (Legal 
                 Reform Project-      Part-A) Part of Legal and Judicial Capacity  
                 Building Project for 6 years undertaken by the Government. of 
                 Bangladesh aided by the World Bank (on going).
                              
Work plan for the year of 2006-2007
1.   Examination of the Code of Civil Procedure, 1908 (Act V of 1908) for the purpose of amendment and re-enactment, if any (on going).

2.   Examination of the Code of Criminal Procedure, 1898 (Act V of 1898) for the purpose of amendment and re-enactment, if any (on going).

3.   Review of Certain Provisions of the Penal Code, 1860 (Act XLV of 1860).

4.   The Naval Ordinance, 1961.

5.   The State Acquisition and Tenancy Act, 1950.

6.   The Anti-Women and Children Oppression Act, 2000

7.   Election laws.

8.  The Bangladesh Environment Conservation Act, 1995 and The Environment Court Act, 2000.

9.  The Bangladesh Merchant Shipping Ordinance, 1983.
10. The National Disabled Welfare Act, 2001

11. The Pure Food Ordinance, 1959.

12. The Control of Essential Commodities Act, 1956 and the Essential Commodities 1957

13. The Evidence Act, 1872.

14. The Specific Relief Act, 1877.

15. The Limitation Act, 1908.

16. The Drugs Control Ordinance, 1982.

17. The Dowry Prohibition Act, 1980.

18.Project/Projects/Studies/Tour/Conferences/Workshops/Seminars for the Improvement and Modernization of Judicial Administration System.

19. During the Period the Commission shall also deal with any reference as may be sent to it by the Government from time to time.

20. Law Reform Project with the aid and assistance of CIDA (Legal Reform Project Part-A) Part of Legal and Judicial Capacity Building Project for 6 years under-taken by the Government of Bangladesh aided by the World Bank (on going).\
 
Work plan for the year of 2004-2005
1.      Examination of the Code of Civil Procedure Code, 1908 for the purpose of amendment and re-enactment
2.      Examination of the Code of Criminal Procedure Code, 1998 for the purpose of amendment and re-enactment
3.      Review of certain provisions of the Penal Code, 1860
4.      Review of the Small Causes Courts Act, 1887
5.      Reforms of Hindu Law
6.      The Divorces Act,1869
7.      The Christians Marriage Act, 1872
8.      The Naval Ordinance, 1961
9.      The Citizenship Act, 1951
10. Law on Human Rights
11. Examination on law of Legal Aid
12. Projects/ Studies/ Tour/ Conferences/ Workshops/ Seminars for the improvement and modernization of judicial administration system
13. During the period of the commission shall also deal with any reference as may be sent to it by the Government. from time to time
14. Law Reform Project with the aid and assistance of CIDA (Legal Reform Project- Part-A) Part of Legal and Judicial Capacity Building Project for 6 years undertaken by the Govt. of Bangladesh aided by the World Bank (on going
15. The State Acquisition and Tenancey Act, 1950
16. The Registration Act, 1908
17. Law regarding Domestic Violence

 

      Work plan for the year of 2002-2003
Under Section 6A of the Act the Commission is to prepare a work plan for each two-year on the conduct of its affairs. Pursuant to the section the Commission prepared a work plan for the year 2002-2003.The following laws/matters have been taken for making review for the year 2002-2003.
1.   Examination of the Code of Civil Procedure, 1908 (Act V of 1908) for the purpose of amendment and re-enactment, if any.

2.   Examination of the Code of Criminal Procedure, 1898 (Act V of 1898) for the purpose of amendment and re-enactment, if any.

3.   Review of Certain Provisions of the Penal Code, 1860 (Act XLV of 1860).

4.   Review of the Small Causes Courts Act, 1887 (Act IX of 1887), if any.

5.   Reforms of Hindu Law, if any.

6.   Law Relating to Right to Information.

7.   Law on Information Technology and Electronic Transaction.

8.  The Divorces Act, 1869 (Act IV of 1869).

9.  The Christian Marriage Act, 1872 (Act XV of 1872).

10. The Naval Ordinance.

11. The Citizenship Act, 1951.

12. Law on Human Rights.

13. Examination of the Law on Legal Aid.

14. Law on Conciliation.

15. Project/ Projects/ Studies/ Tour/ Conferences/ Workshops/ Seminars for the Improvement and Modernization of Judicial Administration System.

16. During the Period the Commission shall also deal with any reference as may be sent to it by the Government from time to time.

Wednesday 9 July 2014

Members of Bangladesh law commission

Chairman  :
Justice A.B.M. Khairul Haque                                 
Former Chief Justice of Bangladesh Justice A.B.M Khairul Haque joined the  Law Commission as its Chairman on  July 24, 2013.   
 
01.      Name: A.B.M. KHAIRUL HAQUE
02.     Address: Law Commission Bangladesh, Judicial  Administration Training Institute, 15, College Road, Dhaka-1000. 
 
03.     Date of Birth: 18.05.1944
 
04.     Academic Qualification:
          a) LL.B from the University of Dhaka.…………. 1969
          b) Barrister at Law from the Hon’ble Society of    
              Lincoln’s Inn, London …................…………. 1975
 
05.      Professional Experience:
          a) Enrolled as an Advocate by the  East Pakistan Bar  
              Council, Dhaka ……………………………........... 1970
 
          b) Enrolled as an Advocate of the High Court           
          Division of the Supreme Court of Bangladesh … 1976
 
          c) Enrolled as an Advocate of the Appellate Division
            of the Supreme Court of Bangladesh …………... 1982
 
06.       Judicial Experience:
           a) Elevated as an Additional Judge of the High Court
             Division of the Supreme Court of Bangladesh  April,  
             1998
 
          b) Confirmed as a Judge of the High Court Division 
           of the Supreme Court of Bangladesh ..… April, 2000
 
 
          c) Elevated as a Judge of the Appellate     Division
            (Highest Court in Bangladesh) .… 16th July, 2009
 
07.      Appointed Chief Justice of Bangladesh ..…… 30th 
           September, 2010
 
08.     Retired as the Chief Justice ….….. 17th May, 2011
 
       While a Judge of the Appellate Division, was appointed as the Chairman of the Judicial Service Commission of Bangladesh, for the period from March 2010 to May 2011.
          Participated in a seminar on Children Law at Malta in 2009, also visited 3 (three) cities of Australia in 2010, to see the legal system there.
At present, working as the Chairman, Law Commission, Bangladesh, visited Law Commission of England and Wales in January, 2014. 
 
 
 
===========================================================
Member:
Dr.M. Shah Alam   
Dr. M. Shah Alam, a professor of law at the University of Chittagong, and currently on deputation in Dhaka as a member of the Bangladesh Law Commission, received his primary education at his village school in Munshigonj. He received his secondary and higher secondary education at a local high school and Rajshahi Cadet college, and passed SSC and HSC examinations with distinction in 1968 and 1970 respectively. He briefly studied economics in the University of Dhaka when Bangladesh War of Liberation started, in which he participated actively. After the liberation, he went to former USSR on scholarship for higher studies. He studied there for ten years in Moscow People’s Friendship University, obtaining graduation, post-graduation and Ph.D. degrees in law specializing in international law.   Upon completion of higher studies, Dr. Shah Alam joined Rajshahi University Faculty of Law as an assistant professor, where he served for ten years. In 1992 he joined the Chittagong University as an associate professor and as the founder Dean of the reorganized Faculty of Law and founder Chairman of the Department of Law. One of the pioneers of clinical legal education in Bangladesh, he introduced this particular method of legal education in the Chittagong University. In 1996 he became a full professor of law. During 1999-2000 he worked as a member of the Bangladesh Law Commission.   Dr. Alam has published four books on international law and constitutional law, and has edited for several years the Chittagong University Journal of Law. He has a good number of publications in reputed research journals at home and abroad. He was a Japan Foundation Fellow in 1995-96 at the Tokyo University Faculty of Law and a Senior Fulbright Fellow in 2001-2002 at the New York University School of Law. Occasionally, Dr. Alam writes for national dailies on current issues of law.    




Who was who in Law Commission
1. Justice F K M A Munim              Chairman           from            08.08. 1996 to 31.12.1997 
   2. Justice Kemal Uddin Hossain                                                  02.03.1998 to 01.03.2001
3.          3. Justice A T M Afzal                                                                   01.08.2001 to 31.07.2004
4.         4.  Justice Mostafa Kamal                          …                                      06.12.204 to 05.12.2007
5.         5. Justice Md. Abdur Rashid                    …                                      21.04.2009 to 07.10.2010 
            6. Dr. Shah Alam                                         ....                        ....           24.10.2010 to 23.07.20136.  
            7. Justice A.B.M. Khairul Haque     ....                        ....            24.08.2013 to  



Members of the Commission:
               1.       Justice Naimuddin Ahmed              from                       25.05.1996 to 26.06.2003
2.       Justice Amin-Ur-Rahman                                    23.09.1996 to  23.10.1998
3.       Dr. Shah Alam                                                          24.05.1999 to 14.06.2000
4.       Justice Bimalendu Bikash Roy Chowdhury            13.12.2000 to 15.07.2001
5.       Justice A K M Sadeq                                                   09.08.2001 to 08.08.2004
6.       Justice Sirajul Islam                                                     22.04.2004 to 09.03.2009
7.       Dr. M Enamul Huq      (Ex IG)                                    29.11.2004 to 28.11.2007
8.       Sunil Chandra Paul                                                    25.05.2009 to 09.01.2011
9.       Dr. Shah Alam                                                          24.06.2009- to ...








Tuesday 8 July 2014

Working Methodology of the Commission

On the basis of Section 6A of the Law Commission Act 1996, the Commission prepares a work plan for each two-year on the conduct of its affairs in which laws are taken on priority basis for review. The said plan is sent to the Government. The Government sends its opinion/recommendations if any on the work  plan.  The  Commission  after  considering  the opinion/recommendations made by the Government finalizes the work plan and informs the Government. The Commission in its meeting discusses the priorities of laws of the work plan and reference if any, made by the Government. In the Commission's meeting each member is assigned to prepare a working paper/report with the assistance of a Research Officer. Then the Research team considering the nature and scope of the research of the law adopts different methodologies for collection of data and in appropriate cases studies foreign system of law to see how they meet similar problems. The team in the working paper delineates different deficiencies and drawbacks of the law and suggests provisional recommendations regarding removal thereof. The working paper prepared by the team is placed before the Commission for consideration and approval. After approval the paper is widely circulated among the different stakeholders for comments  and  suggestions. The team scrutinizes different views received from the stakeholders and thereafter the Commission prepares final report and draft bill if necessary, and sends them to the government for necessary action. In addition to the work plan the Commission also works and recommends on the matters referred by the government from time to time.    (source: Bangladesh Law Commission )

Monday 7 July 2014

Functions of the Commission



The functions of the Commission have been described in Section 6 of the Act. Under the Section the functions of the Commission will be as follows:
(a)  to identify the causes of delay of civil and criminal cases in various  courts and with a view to accelerate their disposal and ensure justice as quickly as possible:
(1)  to recommend amendment of laws concerned or enactment of new laws in appropriate cases after examination;
(2) to recommend necessary reforms in order to modernize the judicial system;
(3) to recommend training and other measures for the improvement of the efficiency of the persons involved with the judicial system such as judicial officers, staff, law officers and lawyers;
(4) to recommend necessary measures for improvement of the entire judicial system and specially to prevent the abuse of the application of the laws concerned:
(5) to recommend modernization of different aspects of court management, such as, distribution of works among judges, supply of copies, transmission and preservation of records, service of notices and other relevant matters;
(6)  to recommend, an acceptable measure regarding the feasibility of introducing a more efficient and accountable system in place of the present system for conducting the various government cases properly and establishing a separate investigating agency for the investigation of the criminal cases;
b)  keeping in mind the attraction of domestic and foreign investment and necessity of free market economy-
(1)  to recommend amendment of relevant laws including company law or legislation of new law in appropriate cases in order to create competitive atmosphere in the field of trade and industry and to avoid monopoly;
(2)  to recommend, after examination, measures with regard to relevant laws especially copyright, trademarks, patents, arbitration, contract, registration and similar other matters;
(3) to recommend necessary measures for the establishment of separate courts for disposal of cases arising out of commercial and bank loan matters;
(c) to recommend necessary and timely amendments and reforms of the existing electoral laws administered by the Bangladesh Election Commission;
(d) to recommend, after examination, necessary reforms of the existing laws and enactment of new laws in appropriate cases, in order to safeguard the rights of women and children and prevent repression of women;
(e) to recommend reforms of existing laws, enactment of new laws in appropriate cases and taking of other acceptable measures for the proper implementation of legal- aid programs;
(f)  to identify the various laws which conflict with each other on the same subject and in probable cases, to recommend codification and unification of various laws on the same subject;
(g)  to recommend repeal of existing laws which are inconsistent with the fundamental rights and in appropriate cases making amendments with regard thereto;
(h) to recommend, after identification repeal of obsolete and unnecessary laws and in case of necessity, legislation of laws on any subject;
(i)   to recommend acceptable measures for the upgrading of legal education, and
(j)   to recommend with regard to other legal matters referred by the government from time to time.

Sunday 6 July 2014

Proposed Strength of the Commission:


SI. No. Post  Number of Post
1 Chairman 1 (one)
2 Member 2 (two)
3 Secretary 1 (one)
4 Principal Research Officer 1 (one)
5 Senior Research Officer 3 ( three)
6 Legislative Draftsman 2 ( two)
7 Programmer 1 (one)
8 Assistant Secretary/
Senior Assistant Secretary
1 (one)
9 Personal Secretary 1 (one)
10 Translation Officer 2 (two)
11 Stenographer 3 (three)
12 Accountant 1 (one)
13 UDA 1 (one)
14 Steno typist/ Computer Operator 6 (six)
15 LDA 2 (two)
16 Photocopier and Gestatener Operator 1 (one)
17 Driver 5 (five)
18 Dispatch Rider 1 (one)
19 MLSS 10 (ten)
20 Night Guard 2 (two)
21 Sweeper 1 (one)
  Total 48 (forty eight)

Saturday 5 July 2014

Present Strength of the Commission:

SI. No. Post  Number of Post Persons Working
1 Chairman 1 (one) 0 (zero)
2 Member 2 (Two) 1 (one)
3 Honorary Member 0 (zero) 1 (one)
4 Secretary 1 (one) 0 (zero)
5 Programmer 1 (one) 0 (zero)
6 Personal Secretary 1 (one) 0 (Zero)
7 Assistant Secretary 1 (one) 1 (one)
8 Principal Research Officer 1 (one) 0 (zero)
9 Senior Research Officer 3 (Three) 2 (Two)
10 Research Officer   1 (one)
11 Legislative Draftsman 1 (one) 0 (zero)
12 Translation Officer 2 (Two) 0 (zero)
13 Stenographer 3 (Three) 3 (Three)
14 Computer Operator 3 (Three) 1 (one)
15 Accountant 1 (one) 1 (one)
16 UDA 1 (one) 1 (one)
17 LDA 2 (Two) 2 (two)
18 Photocopier and Gestatner Operator 1 (one) 1 (one)
19 Driver 4 (four) 4 (Four)
20 MLSS 6 (Six) 5 (Five)
21 Night Guard 2 (Two) 2 ( Two)
22 Sweeper 1 (one) 1(one)
  Total 43 (forty three) 26 ( twenty six)
Dr. M. Sha Alam is presently working as acting Chairman in the Law Commission.