BANGLADESH CONSTITUTION
PREAMBLE
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We, the people of Bangladesh, having proclaimed our
Independence on the 26th day of March, 1971 and through 2[a
historic war for national independence], established the independent,
sovereign People's Republic of Bangladesh;
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3 [Pledging that the high
ideals of absolute trust and faith in the Almighty Allah, nationalism, democracy
and socialism meaning economic and social justice, which inspired our
heroic people to dedicate themselves to, and our brave martyrs to sacrifice
their lives in the war for national independence, shall be fundamental
principles of the Constitution;]
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Further pledging that it shall be a fundamental aim of the
State to realise through the democratic process to socialist society, free
from exploitation-a society in which the rule of law, fundamental human
rights and freedom, equality and justice, political, economic and social,
will be secured for all citizens;
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Affirming that it is our sacred duty to safeguard, protect and
defend this Constitution and to maintain its supremacy as the embodiment of
the will of the people of Bangladesh so that we may prosper in freedom and
may make our full contribution towards international peace and co-operation
in keeping with the progressive aspirations of mankind;
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In our Constituent Assembly, this eighteenth day of Kartick,
1379 B.S corresponding to the fourth day of November, 1972 A.D., do hereby
adopt, enact and give to ourselves this Constitution.
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PART I
THE REPUBLIC
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1.
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The Republic.
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Bangladesh is a unitary, independent, sovereign Republic to be
known as the People's Republic of Bangladesh.
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2.
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The territory of the Republic.
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The territory of the Republic shall comprise-
a. The
territories which immediately before the proclamation of independence on
the 26th day of March, 1971 constituted East Pakistan 4[and
the territories referred to as included territories in the Constitution
(Third Amendment) Act, 1974, but excluding the territories referred to as
excluded territories in that Act; and]
b. such
other territories as may become included in Bangladesh.
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The state religion.
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The state religion of the Republic is Islam, but other
religions may be practiced in peace and harmony in the Republic.]
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3.
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The state language.
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The state language of the Republic is 6[Bangla]
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4.
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National anthem, flag and emblem.
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(1) The national anthem of the Republic is the first ten lines
of "Amar Sonar Bangla".
(2) The national flag of the Republic shall consist of a circle, coloured
red throughout its area, resting on a green background.
(3) The national emblem of the Republic is the national flower Shapla
(nympoea-nouchali) resting on water, having on each side and ear of paddy
and being surmounted by three connected leaves of jute with two stars on
each side of the leaves.
(4) Subject to the foregoing clauses, provisions relating to the national
anthem, flag and emblem shall be made by law.
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4A.
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Portrait.
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(1) Portrait of the President shall be preserved and displayed
at the offices of the President, Prime Minister and Speaker, and all
embassies and missions of Bangladesh abroad.
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(2) In addition to clause (1), Portrait, of only the Prime
Minister, shall be preserved and displayed at the offices of the President
and the Speaker, and in head and branch offices of all government and
semi-government offices, autonomous bodies, statutory public authorities,
government educational institutions, embassies and missions of Bangladesh
abroad.
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5.
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The capital.
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(1) The capital of the Republic is 7[Dhaka].
(2.) The boundaries of the capital shall be determined by law.
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Citizenship.
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(1) The citizenship of Bangladesh shall be determined and
regulated by law.
(2) The citizens of Bangladesh shall be known as Bangladeshis.]
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7.
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Supremacy of the Constitution.
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(1) All powers in the Republic belong to the people, and their
exercise on behalf of the people shall be effected only under, and by the
authority of, this Constitution.
(2) This Constitution is, as the solemn expression of the will of the
people, the supreme law of the Republic, and if any other law is
inconsistent with this Constitution and other law shall, to the extent of
the inconsistency, be void.
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PART II
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FUNDAMENTAL
PRINCIPLES OF STATE POLICY
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8.
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Fundamental principles.
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9[(1) The principles of
absolute trust and faith in the Almighty Allah, nationalism, democracy and
socialism meaning economic and social justice, together with the principles
derived from them as set out in this Part, shall constitute the fundamental
principles of state policy.
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(1A). Absolute trust and faith in the Almighty Allah shall be
the basis of all actions.]
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(2) The principles set out in this Part shall be fundamental to
the governance of Bangladesh, shall be applied by the State in the making
of laws, shall be a guide to the interpretation of the Constitution and of
the other laws of Bangladesh, and shall form the basis of the work of the
State and of its citizens, but shall not be judicially enforceable.
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Promotion of local Government institutions.
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The State shall encourage local Government institutions
composed of representatives of the areas concerned and in such institutions
special representation shall be given, as far as possible, to peasants,
workers and women.
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10.
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Participation of women in national life.
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Steps shall be taken to ensure participation of women in all
spheres of national life.] Participation of women in national life.]
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11.
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Democracy and human rights.
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The Republic shall be a democracy in which fundamental human
rights and freedoms and respect for the dignity and worth of the human
person shall be guaranteed 11* *
* 12[, and in which
effective participation by the people through their elected representatives
in administration at all levels shall be ensured].
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12.
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[Omitted]
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13.
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Principles of ownership.
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The people shall own or control the instruments and means of
production and distribution, and with this end in view ownership shall
assume the following forms-
a. state
ownership, that is ownership by the State on behalf of the people through
the creation of an efficient and dynamic nationalised public sector
embracing the key sectors of the economy;
b. co-operative
ownership, that is ownership by co-operatives on behalf of their members
within such limits as may be prescribed by law; and
c. private
ownership, that is ownership by individuals within such limits as may be
prescribed by law.
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14.
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Emancipation of peasants and workers.
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It shall be a fundamental responsibility of the State to
emancipate the toiling masses the peasants and workers and backward
sections of the people from all forms and exploitation.
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15.
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Provision of basic necessities.
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It shall be a fundamental responsibility of the State to
attain, through planned economic growth, a constant increase of productive
forces and a steady improvement in the material and cultural standard of
living of the people, with a view to securing to its citizens-
a. the
provision of the basic necessities of life, including food, clothing,
shelter, education and medical care;
b. the
right to work, that is the right to guaranteed employment at a reasonable
wage having regard to the quantity and quality of work;
c. the
right to reasonable rest, recreation and leisure; and
d. the
right to social security, that is to say to public assistance in cases of
undeserved want arising from unemployment, illness or disablement, or
suffered by widows or orphans or in old age, or in other such cases.
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16.
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Rural development and agricultural revolution.
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The State shall adopt effective measures to bring about a
radical transformation in the rural areas through the promotion of a
agricultural revolution, the provision of rural electrification, the
development of cottage and other industries, and the improvement of
education, communications and public health, in those areas, so as
progressively to remove the disparity in the standards of living between
the urban and the rules areas.
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17.
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Free and compulsory education.
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The State shall adopt effective measures for the purpose of -
a. establishing
a uniform, mass-oriented and universal system of education and extending
free and compulsory education to all children to such stage as may be
determined by law ;
b. relating
education to the needs of society and producing properly trained and
motivated citizens to serve those needs;
c. removing
illiteracy within such time as may be determined by law.
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18.
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Public health and morality.
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(1) The State shall regard the raising of the level of
nutrition and the improvement of public health as moving its primary
duties, and in particular shall adopt effective measures to prevent the
consumption, except for medical purposes or for such other purposes as may
be prescribed by law, of alcoholic and other intoxicating drinks and drugs which
are injurious to health.
(2) The State shall adopt
effective measures to prevent prostitution and gambling.
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19.
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Equality of opportunity.
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(1) The State shall endeavour to ensure equality of opportunity
to all citizens.
(2) The State shall adopt
effective measures to remove social and economic inequality between man and
man and to ensure the equitable distribution of wealth among citizens, and
of opportunities in order to attain a uniform level of economic development
throughout the Republic.
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20.
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Work as a right and duty.
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(1) Work is a right, a duty and a matter of honour for every
citizen who is capable of working, and everyone shall be paid for his work
on the basis of the principle "from each according to his abilities to
each according to his work".
(2) The State shall endeavour to
create conditions in which, as a general principle, persons shall not be
able to enjoy unearned incomes, and in which human labour in every form,
intellectual and physical, shall become a fuller expression of creative
endeavour and of the human personality.
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21.
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Duties of citizens and of public servants.
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(1) It is the duty of every citizen to observe the Constitution
and the laws, to maintain discipline, to perform public duties and to
protect public property.
(2) Every person in the service
of the Republic has a duty to strive at all times to serve the people.
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22.
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Separation of Judiciary from the executive.
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The State shall ensure the separation of the judiciary from the
executive organs of the State. Separation of Judiciary from the executive.
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23.
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National Culture.
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The State shall adopt measures to conserve the cultural
traditions and heritage of the people, and so to foster and improve the
national language, literature and the arts that all sections of the people
are afforded the opportunity to contribute towards and to participate in
the enrichment of the national culture.
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24.
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National monuments, etc.
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The State shall adopt measures for the protection against
disfigurement, damage or removal of all monuments, objects or places of
special artistic or historic importance or interest.
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25.
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Promotion of international peace, security and
solidarity.
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14[(1)] The State shall
base its international relations on the principles of respect for national
sovereignty and equality, non-interference in the internal affairs of other
countries, peaceful settlement of international disputes, and respect for
international law and the principles enunciated in the United Nations
Charter, and on the basis of those principle shall-
a. Strive
for the renunciation of the use of force in international relations and for
general and complete disarmament;
b. uphold
the right of every people freely to determine and build up its own social,
economic and political system by ways and means of its own free choice; and
c. support
oppressed peoples throughout the world waging a just struggle against
imperialism, colonialism or racialism.
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15[(2) The State shall
endeavour to consolidate, preserve and strengthen fraternal relations among
Muslim countries based on Islamic solidarity.]
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PART III
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FUNDAMENTAL RIGHTS
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26.
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Laws inconsistent with fundamental rights to be void.
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(1) All existing law inconsistent with the provisions of this
Part shall, to the extent of such inconsistency, become void on the
commencement of this Constitution.
(2) The State shall not make any
law inconsistent with any provisions of this Part, and any law so made
shall, to the extent of such inconsistency, be void.
16[(3)
Nothing in this article shall apply to any amendment of this Constitution
made under article 142].
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27.
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Equality before law.
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All citizens are equal before law and are entitled to equal
protection of law.
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28.
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Discrimination on grounds of religion, etc.
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(1) The State shall not discriminate against any citizen on
grounds only of religion, race caste, sex or place of birth.
(2) Women shall have equal
rights with men in all spheres of the State and of public life.
(3) No citizen shall, on grounds
only of religion, race, caste, sex or place of birth be subjected to any
disability, liability, restriction or condition with regard to access to
any place of public entertainment or resort, or admission to any
educational institution.
(4) Nothing in this article shall
prevent the State from making special provision in favour of women or
children or for the advancement of any backward section of citizens.
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29.
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Equality of opportunity in public employment.
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(1) There shall be equality of opportunity for all citizens in
respect of employment or office in the service of the Republic.
(2) No citizen shall, on grounds
only of religion, race, caste, sex or place of birth, be ineligible for, or
discriminated against in respect of, any employment or office in the
service of the Republic.
(3) Nothing in this article
shall prevent the State from -
a. making
special provision in favour of any backward section of citizens for the
purpose of securing their adequate representation in the service of the
Republic;
b. giving
effect to any law which makes provision for reserving appointments relating
to any religious or denominational institution to persons of that religion
or denomination;
c. reserving
for members of one sex any class of employment or office on the ground that
it is considered by its nature to be unsuited to members of the opposite sex.
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Prohibition of foreign titles, etc.
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No citizen shall, without the prior approval of the President,
accept any title, honour, award or decoration from any foreign state.]
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31.
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Right to protection of law.
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To enjoy the protection of the law, and to be treated in
accordance with law, and only in accordance with law, is the inalienable
right of every citizen, wherever he may be, and of every other person for
the time being within Bangladesh, and in particular no action detrimental
to the life, liberty, body, reputation or property of any person shall be
taken except in accordance with law.
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32.
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Protection of right to life and personal liberty.
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No person shall be deprived of life or personal liberty save in
accordance with law.
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Safeguards as to arrest and detention.
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(1) No person who is arrested shall be detained in custody
without being informed, as soon as may be of the grounds for such arrest,
nor shall he be denied the right to consult and be defended by a legal
practitioner of his choice.
(2) Every person who is arrested
and detained in custody shall be produced before the nearest magistrate
within a period of twenty four hours of such arrest, excluding the time
necessary for the journey from the place of arrest to the court of the
magistrate, and no such person shall be detained in custody beyond the said
period without the authority of a magistrate.
(3) Nothing in clauses (1) and
(2) shall apply to any person-
a. who
for the time being is an enemy alien; or
b. who is
arrested or detained under any law providing for preventive detention.
(4) No law providing for preventive detention shall authorise
the detention of a person for a period exceeding six months unless an
Advisory Board consisting of three persons, of whom two shall be persons
who are, or have been, or are qualified to be appointed as, Judges of the
Supreme Court and the other shall be a person who is a senior officer in
the service of the Republic, has, after affording him an opportunity of
being heard in person, reported before the expiration of the said period of
six months that there is, in its opinion, sufficient cause for such
detention.
(5) When any person is detained
in pursuance of an order made under any law providing for preventive
detention, the authority making the order shall, as soon as may be,
communicate to such person the grounds on which the order has been made,
and shall afford him the earliest opportunity of making a representation
against the order.
(6) Parliament may be law
prescribe the procedure to be followed by an Advisory Board in an inquiry
under clause (4)].
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34.
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Prohibition of forced labour.
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(1) All forms of forced labour are prohibited and any
contravention of this provision shall be an offence punishable in
accordance with law.
(2) Nothing in this article
shall apply to compulsory labour.
a. by
persons undergoing lawful punishment for a criminal offence; or
b. required
by any law for public purpose.
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35.
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Protection in respect of trial and punishment.
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(1) No person shall be convicted to any offence except for
violation of al law in force at the time of the commission of the act
charged as an offence, nor be subjected to a penalty greater than, or
different from that which might have been inflicted under the law in force
at the time of the commission of the offence.
(2) No person shall be
prosecuted and punished for the same offence more than once.
(3) Every person accused of a
criminal offence shall have the right to a speedy and public trial by an
independent and impartial court or tribunal established by law.
(4) No person accused of any
offence shall be compelled to be a witness against himself.
(5) No person shall be subjected
to torture or to cruel, inhuman, or degrading punishment or treatment.
(6) Nothing in clause (3) or
clause (5) shall affect the operation of any existing law which prescribes
any punishment or procedure for trial.
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36.
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Freedom of movement.
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Subject to any reasonable restrictions imposed by law in the
public interest, every citizen shall have the right to move freely
throughout Bangladesh, to reside and settle in any place therein and to
leave and re-enter Bangladesh.
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37.
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Freedom of assembly.
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Every citizen shall have the right to assemble and to
participate in public meetings and processions peacefully and without arms,
subject to any reasonable restrictions imposed by law in the interests of
public order health.
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38.
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Freedom of association.
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Every citizen shall have the right to form associations or
unions, subject to any reasonable restrictions imposed by law in the
interests of morality or public order; 19* *
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* * * *
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39.
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Freedom of thought and conscience, and of speech.
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(1) Freedom or thought and conscience is guaranteed. Freedom of
thought and conscience, and of speech.
(2) Subject to any reasonable
restrictions imposed by law in the interests of the security of the State,
friendly relations with foreign states, public order, decency or morality,
or in relation to contempt of court, defamation or incitement to an offence-
a. the
right of every citizen of freedom of speech and expression; and
b. freedom
of the press, are guaranteed.
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40.
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Freedom of profession or occupation.
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Subject to any restrictions imposed by law, every citizen
possessing such qualifications, if any, as may be prescribed by law in
relation to his profession, occupation, trade or business shall have the
right to enter upon any lawful profession or occupation, and to conduct any
lawful trade or business.
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41.
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Freedom of religion.
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(1) Subject to law, public order and morality-
a. every
citizen has the right to profess, practice or propagate any religion;
b. every
religious community or denomination has the right to establish, maintain
and manage its religious institutions.
(2) No person attending any educational institution shall be
required to receive religious instruction, or to take part in or to attend
any religious ceremony or worship, if that instruction, ceremony or worship
relates to a religion other than his own.
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42.
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Rights to property.
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(1) Subject to any restrictions imposed by law, every citizen
shall have the right to acquire, hold, transfer or otherwise dispose of
property, and no property shall be compulsorily acquired, nationalised or
requisitioned save by authority of law.
20[(2)
A law made under clause (1) shall provide for the acquisition, nationalisation
or requisition with compensation and shall either fix the amount of
compensation or specify the principles on which, and the manner in which,
the compensation is to be assessed and paid; but no such law shall be
called in question in any court on the ground that any provision in respect
of such compensation is not adequate.
(3) Nothing in this article
shall affect the operation of any law made before the commencement of the
Proclamations (Amendment) Order, 1977 (Proclamations Order No. I of 1977),
in so far as it relates to the acquisition, nationalisation or acquisition
of any property without compensation.]
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43.
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Protection of home and correspondence.
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Every citizen shall have the right, subject to any reasonable
restrictions imposed by law in the interests of the security of the State,
public order, public morality or public health-
a. to be
secured in his home against entry, search and seizure; and
b. to the
privacy of his correspondence and other means of communication.
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Enforcement of fundamental rights.
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(1) The right to move the 22[High Court Division] in
accordance with 23[clause (I)] of article
102 for the enforcement of the rights conferred by this Part of guaranteed.
(2) Without prejudice to the
powers of the 22[High
Court Division] under article 102, Parliament may be law empower any other
court, within the local limits of its jurisdiction, to exercise all or any
of those powers.]
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45.
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Modification of rights in respect of disciplinary.
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Nothing in this Part shall apply to any provision of a
disciplinary law relating to members of a disciplined force, being a
provision limited to the purpose of ensuring the proper discharge of their
duties or the maintenance of discipline in that force.
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46.
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Power to provide indemnity.
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Notwithstanding anything in the foregoing provisions of this
Part, Parliament may be law make provision for indemnifying any person in
the service of the Republic or any other person in respect of any act done
by him in connection with the national liberation struggle or the
maintenance or restoration of other in any area in Bangladesh or validate
any sentence passed, punishment inflicted, forfeiture ordered, or other act
done in any such area.
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47.
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Saving for certain laws.
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(1) No law providing for any of the following matters shall be
deemed to be void on the ground that it is inconsistent with, or takes away
or abridge, any of the rights guaranteed by this Part-
a. the
compulsory acquisition, nationalisation or requisition of any property, or
the control or management thereof whether temporarily or permanently;
b. the
compulsory amalgamation of bodies carrying on commercial or other
undertakings;
c. the
extinction, modification, restriction or regulation of rights of directors,
managers, agents and officers of any such bodies, or of the voting rights
of persons owning shares or stock (in whatever form) therein;
d. the
extinction, modification, restriction or regulation of rights of search for
or win minerals or mineral oil;
e. the
carrying on by the Government or by a corporation owned, controlled or
managed by the Government, of any trade, business, industry or service to
the exclusion, complete or partial, or other persons; or
f. the
extinction, modification, restriction or regulation of any right to
property, any right in respect of a profession, occupation, trade or
business or the rights of employers or employees in any statutory public
authority or in any commercial or industrial undertaking;
if Parliament in such law (including, in the case of existing
law, by amendment) expressly declares that such provision is made to give
effect to any of the fundamental principles of state policy set out in Part
II of this Constitution.
(2) Notwithstanding anything
contained in this Constitution the laws specified in the First Schedule
(including any amendment of any such law) shall continue to have full force
and effect, and no provision of any such law, nor anything done or omitted
to be done under the authority of such law, shall be deemed void or
unlawful on the ground of inconsistency with, or repugnance to, any
provision of this Constitution; 24[Provided
that nothing in this article shall prevent amendment, modification or
repeal of any such law.]
25[(3)
Notwithstanding anything contained in this Constitution, no law nor any
provision thereof providing for detention, prosecution or punishment of any
person, who is a member of any armed or defence or auxiliary forces or who
is a prisoner of war, for genocide, crimes against humanity or war crimes
and other crimes under international law shall be deemed void or unlawful,
or ever to have become void or unlawful, on the ground that such law or
provision of any such law is inconsistent with, or repugnant to any of the
provisions of this Constitution.]
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In applicability of certain articles.
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(1) The rights guaranteed under article 31. clauses (1) and (3)
of article 35 and article 44 shall not apply to any person to whom a law
specified in clause (3) of article 47 applies.
(2) Notwithstanding anything
contained in this Constitution, no person to whom a law specified in clause
(3) of article 47 applies shall have the right to move the Supreme Court
for any of the remedies under this Constitution.]
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PART IV
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THE EXECUTIVE
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27[CHAPTER
I-THE PRESIDENT
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48.
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The President.
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(1) There shall be a President of Bangladesh who shall be
elected by members of Parliament in accordance with law.
(2) The President shall as Head
of State, take precedence over all other persons in the State, and shall
exercise the powers and perform the duties conferred and imposed on him by
this Constitution and by any other law.
(3) In the exercise of all his
functions, save only that of appointing the Prime Minister pursuant to
clause (3) of article 56 and the Chief Justice pursuant to clause (1) of
article 95, the President shall act in accordance with the advice of the
Prime Minister;
Provided that the question
whether any, and if so what, advice has been tendered by the Prime Minister
to the President shall not be enquired into in any court.
(4) A person shall not be
qualified for election as President if he-
a. is
less than thirty-five years of age; or
b. is not
qualified for election a member of Parliament; or
c. has
been removed from the office of President by impeachment under this
Constitution.
(5) The Prime Minister shall keep the President informed on
matters of domestic and foreign policy, and submit for the consideration of
the Cabinet any matter which the President may request him to refer to it.
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49.
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Prerogative of mercy.
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The President shall have power to grant pardons, reprieves and
respites and to remit, suspend or commute any sentence passed by any court,
tribunal or other authority. Prerogative of mercy.
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50.
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Term of office of President.
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(1) Subject to the provisions of this Constitution, the
President shall hold office for a term of five years from the date on which
he enters upon his office;
Provided that notwithstanding the expiration of his term the
President shall continue to hold office until his successor enters upon
office.
(2) No person shall hold office as President for more than two
terms, whether or not the terms are consecutive.
(3) The President may resign his office by writing under his
hand addressed to the Speaker.
(4) The President during his term of office shall not be
qualified for election as a member of Parliament, and if a member of
Parliament is elected as President he shall vacate his seat in Parliament
on the day on which he enters upon his office as President.
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51.
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President's immunity.
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(1) Without prejudice to the provisions of article 52, the
President shall not be answerable in any court for anything done or omitted
by him in the exercise or purported exercise of the functions of this
office, but this clause shall not prejudice the right of any person to take
proceedings against the Government.
(2) During his term of office no criminal proceedings
whatsoever shall be instituted or continued against the President in, and
no process for his arrest or imprisonment shall issue from, any court.
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52.
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Impeachment of the President.
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(1) The President may be impeached on a charge of violating
this Constitution or of grave misconduct, preferred by a notice of motion
signed by a majority of the total number of members of the Parliament and
delivered to the speaker, setting out the particulars of the charges, and
the motion shall not be debated earlier than fourteen nor later than thirty
days after the notice is so delivered; and the Speaker shall forthwith
summon Parliament if it is not in session.
(2) The Conduct of the President may be referred by Parliament
to any court, tribunal or body appointed or designated by Parliament for
the investigation of a charge under this article.
(3) The President shall have the right to appear and to be
represented during the consideration of the charge.
(4) If after the consideration of the charge a resolution is
passed by Parliament by votes of not less than two-thirds of the total
number of members declaring that the charge has been substantiated, the
President shall vacate his office on the date on which the resolution is
passed.
(5) Where the Speaker is exercising the functions of the
President under article 54 the provisions of this article shall apply
subject to the modifications that the reference to the Speaker in clause
(1) shall be construed as a deference to the Deputy Speaker, and that the
reference in clause (4) to the vacation by the President of his office
shall be construed as a reference to the vacation by the Speaker of his
office as Speaker; and on the passing of a resolution such as is referred
to in clause (4) the Speaker shall cease to exercise the functions of
President.
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53.
|
Removal of President of ground of incapacity.
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(1) The President may be removed from office on the ground of
physical or mental incapacity on a motion of which notice, signed by a
majority of the total number of members of Parliament, is delivered to the
Speaker, setting out particulars of the alleged incapacity. Removal of
President on ground of incapacity.
(2) On receipt of the notice the Speaker shall forthwith summon
Parliament if it is not in session and shall call for a resolution
constituting a medical board (hereinafter in this article called "the
Board") and upon the necessary motion being made and carried shall
forthwith cause a copy of the notice to be transmitted to the President
together with a request signed by the Speaker that the President submit
himself within a period of ten days from the date of the request to an
examination by the Board.
(3) The motion for removal shall not be put to the vote earlier
than fourteen nor later than thirty days after notice of the motion is
delivered to the Speaker, and if it is again necessary to summon Parliament
in order to enable the motion to be made within that period, the Speaker
shall summon Parliament.
(4) The President shall have the right to appear and to be
represented during the consideration of the motion.
(5) If the President has not submitted himself to an
examination by the Board before the motion is made in Parliament, the
motion may be put to the vote, and if it is passed by the votes of not less
than two-thirds of the total number of members of Parliament, the President
shall vacate his office on the date on which the motion is passed.
(6) If before the motion for removal is made is Parliament, the
President has submitted himself to an examination by the Board, the motion
shall not be put to the vote until the Board has been given an opportunity
of reporting its opinion to Parliament.
(7) If after consideration by Parliament of the motion and of
the report of the Board (which shall be submitted within seven days of the
examination held pursuant to clause (2) and if not so submitted shall be
dispensed with) the motion is passed by the votes of not less than
two-thirds of the total number of members of Parliament, the President
shall vacate his office on the date on which the resolution is passed.
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54.
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Speaker to act as President during absence, etc.
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If a vacancy occurs in the office of President or if the
President is unable to discharge the functions of his office on account of
absence, illness or any other cause of Speaker shall discharge those
functions until a President is elected or until the President resumes the
functions of his office, as the case may be.
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CHAPTER II
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THE PRIME MINISTER
AND THE CABINET
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55.
|
The Cabinet.
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(1) There shall be a Cabinet for Bangladesh having the Prime
Minister at its head and comprising also such other Minister as the Prime
Minister may from time to time designate.
(2) The executive power of the
Republic shall, in accordance with this Constitution, be exercised by or on
the authority of the Prime Minister.
(3) The Cabinet shall be
collectively responsible to Parliament.
(4) All executive actions of the
Government shall be expressed to be taken in the name of the President.
(5) The President shall by rules
specify the manner in which orders and other instruments made in his name
shall be attested of authenticated, and the validity or any order of
instrument so attested or authenticated shall not be questioned in any
court on the ground that it was not duly made or executed.
(6) The President shall make
rules for the allocation and transaction of the business of the Government.
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56.
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Minister.
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(1) There shall be Prime Minister, and such other Ministers,
Ministers of State and Deputy Ministers as may be determined by the Prime
Minister.
(2) The appointments of the
Prime Minister and other Ministers and of the Ministers of State and Deputy
Ministers, shall be made by the President: Provided that not less than
nine-tenths of their number shall be appointed from among members of
Parliament and not more than one-tenth of their number may be chosen from
among persons qualified for election as members of Parliament.
(3) The President shall appoint
as Prime Minister the member of Parliament who appears to him to command
the support of the majority of the members of Parliament.
(4) If occasion arises for
making any appointment under clause (2) of clause (3) between a dissolution
of Parliament and the next following general election of members of Parliament,
the persons who were such members immediately before the dissolution shall
be regarded for the purpose of this clause as counting to be such members.
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57.
|
Tenure of office of Prime Minister.
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(1) The office of the Prime Minister shall be vacant -
a. if he
resigns from office at any time by placing his resignation in the hands of
the President; or
b. if he
ceases to be a member of Parliament.
(2) If the Prime Minister ceases to retain the support of a
majority of the members of Parliament, he shall either resign his office or
advise the President shall, if he is satisfied that no other member of
Parliament commands the support of the majority of the members of
Parliament, dissolve Parliament accordingly.
(3) Nothing in this article
shall disqualify the Prime Minister for holding office until his successor
has entered upon office.
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58.
|
Tenure of office of other Ministers.
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(1) The office of a Minister other than the Prime Minister
shall become vacant-
a. if he
resigns from office by placing his resignation in the hands of the Prime
Minister for submission to the President;
b. if he
ceases to be a member of Parliament, but this shall not be applicable to a
Minister chosen under the proviso to article 56(2);
c. if the
President, pursuant to the provisions of clause (2), so directs; or
d. as
provided in clause (4).
(2) The Prime Minister may at any time request a Minister to
resign, and if such Minister fails to comply with the request, may advise
the President to terminate the appointment of such Minister.
(3) Nothing in sub-clauses (a),
(b), and (d) of clause (1) shall disqualify a Minister for holding office
during any period in which Parliament stands dissolved.
(4) If the Prime Minister
resigns from or ceases to hold office each of the other Ministers shall be
deemed also to have resigned from office but shall, subject to the
provisions of the Chapter, continue to hold office until his successor has
entered upon office.
(5) In this article
"Minister" includes Minister of State and Deputy Minister.
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Application of Chapter.
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Application of Chapter.- Nothing in this Chapter, except the
provision of article 55(4), (5) and (6), shall apply during the period in
which Parliament is dissolved or stands dissolved:
Provided that, notwithstanding
anything contained in Chapter IIA, where the President summons Parliament
that has been dissolved to meet under article 72(4), this Chapter shall
apply."]
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NON-PARTY CARE TAKER
GOVERNMENT
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58B.
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Non-Party Care-taker Government
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(1) There shall be a Non-Party Care-taker Government during the
period from the date on which the Chief Adviser of such government enters
upon office after Parliament is dissolved or stands dissolved by reason of
expiration of its term till the date on which a new Prime Minister enters
upon his office after the constitution of Parliament.
(2) The Non-Party Care-taker
Government shall be collectively responsible to the President.
(3) The executive power of the
Republic shall, during the period mentioned in clause (1), be exercised,
subject to the provisions of article 58D(1), in accordance with this
Constitution, by or on the authority of the Chief Adviser and shall be
exercised by him in accordance with the advice of the Non-Party Care-taker
Government.
(4) The provisions of article
55(4), (5) and (6) shall (with the necessary adaptations) apply to similar
matters during the period mentioned in clause (1).
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58C.
|
Composition of the Non-Party Care-taker Government,
appointment of Advisers, etc.
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(1) Non-Party Care-taker Government shall consist of the Chief
Adviser at its head and not more than ten other Advisors, all of whom shall
be appointed by the President.
(2) The Chief Adviser and other
Advisers shall be appointed within fifteen days after Parliament is
dissolved or stands dissolved, and during the period between the date on
which Parliament is dissolved or stands dissolved and the date on which the
Chief Adviser is appointed, the Prime Minister and his cabinet who were in
office immediately before Parliament was dissolved or stood dissolved shall
continue to hold office as such.
(3) The President shall appoint
as Chief Adviser the person who among the retired Chief Justices of
Bangladesh retired last and who is qualified to be appointed as an Adviser
under this article:
Provided that if such retired
Chief Justice is not available or is not willing to hold the office of
Chief Adviser, the President shall appoint as Chief Adviser the person who
among the retired Chief Justices of Bangladesh retired next before the last
retired Chief Justice.
(4) If no retired Chief Justice is available or willing to hold
the office of Chief Advise, the President shall appoint as Chief Adviser
the person who among the retired Judges of the Appellate Division retired last
and who is qualified to be appointed as an Adviser under this article:
Provided that if such retired
Judge is not available or is not willing to hold the office of Chief
Adviser, the President shall appoint as Chief Adviser the person who among
the retired Judges of the Appellate Division retired next before the last
such retired Judge.
(5) If no retired judge of the Appellate Division is available
or willing to hold the office of Chief Adviser, the President shall, after
consultation, as far as practicable, with the major political parties,
appoint the Chief Adviser from among citizens of Bangladesh who are
qualified to be appointed as Advisers under this article.
(6) Notwithstanding anything
contained in this Chapter, if the provisions of clauses (3), (4) and (5)
cannot be given effect to, the President shall assume the functions of the
Chief Adviser of the Non-Party Care-taker Government in addition to his own
functions under this Constitution.
(7) The President shall appoint
Advisers from among the persons who are-
a. qualified
for election as members of parliament;
b. not
members of any political party or of any organisation associated with or
affiliated to any political party;
c. not,
and have agreed in writing not to be, candidates for the ensuing election
of members of parliament;
d. not
over seventy-two years of age.
(8) The Advisers shall be appointed by the President on the
advice of the Chief Adviser.
(9) The Chief Adviser or an
Adviser may resign his office by writing under his hand addressed to the
President.
(10) The Chief Adviser or an
Adviser shall cease to be Chief Adviser or Adviser if he is disqualified to
be appointed as such under this article.
(11) The Chief Adviser shall
have the status, and shall be entitled to the remuneration and privileges,
of a Prime Minister and an Adviser shall have the status, and shall be
entitled to the remuneration and privileges, of a Minister.
(12) The Non-Party Care-taker
Government shall stand dissolved on the date on which the prime Minister
enters upon his office after the constitution of new parliament.
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58D.
|
Functions of Non-Party Care-taker Government
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(1) The Non-Party Care-taker Government shall discharge its
functions as an interim government and shall carry on the routine functions
of such government with the aid and assistance of persons in the services
of the Republic; and, except in the case of necessity for the discharge of
such functions its shall not make any policy decision.
(2) The Non-Party Care-taker
Government shall give to the Election Commission all possible aid and
assistance that may be required for bolding the general election of members
of parliament peacefully, fairly and impartially.
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58E.
|
Certain provisions of the Constitution to remain
ineffective
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Notwithstanding anything contained in articles 48(3), 141A(1)
and 141C(1) of the Constitution, during the period the Non-Party Care-taker
government is functioning, provisions in the constitution requiring the
President to act on the advice of the Prime Minister or upon his prior
counter-signature shall be ineffective."]
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CHAPTER III
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LOCAL GOVERNMENT
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59.
|
Local Government
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|
(1) Local Government in every administrative unit of the
Republic shall be entrusted to bodies, composed of persons elected in
accordance with law.
(2) Everybody such as is
referred to in clause (1) shall, subject to this Constitution and any other
law, perform within the appropriate administrative unit such functions as
shall be prescribed by Act of Parliament, which may include functions
relating to-
a. Administration
and the work of public officers;
b. the
maintenance of public order;
c. the
preparation and implementation of plans relating to public services and
economic development.
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60.
|
Powers of local government bodies
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For the purpose of giving full effect to the provisions of
article 59 Parliament shall, by law, confer powers on the local government
bodies referred to in that article, including power to impose taxes for
local purposes, to prepare their budgets and to maintain funds.]
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CHAPTER IV-THE
DEFENCE SERVICES
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61.
|
Supreme Command
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|
The supreme command of the defence services of Bangladesh shall
vest in the President and the exercise thereof shall be regulated by law 27cand
such law shall, during the period in which there is a Non-Party Care-taker
Government under article 58B, be administered by the President.
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62.
|
Recruitment, etc., of defence services
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(1) Parliament shall by law provide for regulating-
a. the
raising and maintaining of the defence services of Bangladesh and of their
reserves;
b. the
grant of commissions therein;
c. the
appointment of Chief of Staff of the defence services, and their salaries
and allowances; and
d. the
discipline and other matters relating to those services and reserves.
(2) Until Parliament by law provides for the matters specified
in clause (1) the President may, by order, provide for such of them as are
not already subject to existing law.
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63.
|
War
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|
(1) War shall not be declared and the Republic shall not
participate in any war except with the assent of Parliament.
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CHAPTER-V - THE
ATTORNEY GENERAL
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64.
|
The Attorney-General
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(1) The President shall appoint a person who is qualified to be
appointed as a judge of the Supreme Court to be Attorney-General for
Bangladesh.
(2) The Attorney-General shall
perform such duties as may be assigned to him by the President.
(3) In the performance of his
duties, the Attorney-General shall have the right of audience in all courts
of Bangladesh.
(4) The Attorney-General shall
hold office during the pleasure of the President, and shall receive such
remuneration as the President may determine.
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PART V
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THE LEGISLATURE
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CHAPTER I-PARLIAMENT
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65.
|
Establishment of Parliament
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(1) There shall be a Parliament for Bangladesh (to be known as
the House of the Nation) in which subject to the provisions of this
Constitution, shall be vested the legislative powers of the Republic:
Provided that nothing in this
clause shall prevent Parliament from delegating to any person or authority,
by Act of Parliament, power to make orders, rules, regulations, bye-laws or
other instruments having legislative effect.
(2) Parliament shall consist of three hundred members to be
elected in accordance with law from single territorial constituencies by
direct election and, for so long as clause (3) is effective, the members
provided for in that clause; the member shall be designated as Members of
Parliament.
30[(3)
Until the dissolution of Parliament occurring next after the expiration of
the period of ten years beginning from the date of the first meeting of the
Parliament next after the Parliament in existence at the time of the
commencement of the Constitution (Fourteenth Amendment) Act, 2004, there
shall be reserved forty five seats exclusively for women members and they
will be elected by the aforesaid members in accordance with law on the
basis of procedure of proportional representation in the Parliament through
single transferable vote :
Provided that nothing in this
clause shall be deemed to prevent a woman from being elected to any of the
seats provided for in clause (2) of this article.
(4) The seat of Parliament shall
be in the capital.
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66.
|
Qualifications and disqualifications for election to
Parliament
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(1) A person shall subject to the provisions of clause (2), be
qualified to be elected as, and to be, a member of Parliament if he is a
citizen of Bangladesh and has attained the age of twenty-five years.
(2) A person shall be
disqualified for election as, or for being, a member of Parliament who-
(a) is declared by a
competent court to be of unsound mind;
(b) is an undercharged
insolvent;
(c) acquires the citizenship
of, or affirms of acknowledges allegiance to, a foreign state;
(d) 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; 31 *
32[(dd) holds any office of profit in this service of the
Republic other than an office which is declared by law not to disqualify
its holders; or]
(g) is disqualified for
such election by or under any law.
35[(2A) For the purposes
of this article a person shall not be deemed to hold an office of profit in
the service of the Republic by reason only that 36[he is
a President, 37 * Prime Minister], 38* * *
Minister, Minister of State or Deputy Minister.]
(4) If any dispute arises as to whether a member of Parliament
has, after his election, become subject to any of the disqualifications
mentioned in clause (2) or as to whether a member of Parliament should
vacate his seat pursuant to article 70, the dispute shall be referred to
the Election Commission to hear and determine it and the decision of the
Commission on such reference shall be final.
(5) Parliament may, by law, make
such provision as it deems necessary for empowering the Election Commission
to give full effect to the provisions of clause (4).
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67.
|
Vacation of seats of members
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(1) A member of
Parliament shall vacate his seat-
(a) if he fails, within
the period of ninety days from the date of the first meeting of Parliament
after his election, to make and subscribe 40* * the oath or affirmation prescribed for a member of
Parliament in the Third Schedule: Provided that the Speaker may, before the
expiration of that period, for good cause extend it;
(b) if he is absent from
Parliament, without the leave of Parliament, for ninety consecutive sitting
days;
(c) upon a dissolution
of Parliament;
(d) if he has incurred a
disqualification under clause (2) of article 66; or
(e) in the circumstances
specified in article 70.
(2) A member of Parliament may resign his seat by writing under
his hand addressed to the Speaker, and the seat shall become vacant when
the writing is received by the Speaker or, if the office of Speaker is
vacant or the Speaker is for any reason unable to perform his functions, by
the Deputy Speaker.
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68.
|
Remuneration, etc., of members of Parliament
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Members of Parliament shall be entitled to such 41[remuneration],
allowances and privileges as may be determined by Act of Parliament or,
until so determined, by order made by the President.
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69.
|
Penalty for member sitting or voting before taking oath
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|
If a person sits or votes as a member of Parliament before he
makes or subscribes the oath or affirmation in accordance with this
Constitution, or when he knows that he is not qualified or is disqualified
for membership thereof, he shall be liable in respect of each day on which
he so sits or votes to a penalty of one thousand taka to be recovered as a
debt due to the Republic.
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Vacation of seat on resignation, etc.
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(1) A person elected as
a member of Parliament at an election at which he was nominated as a
candidate by a political party shall vacate his seat if he resigns from
that party or votes in Parliament against the party. Explanation. - If a
member of Parliament-
(a) being present in
Parliament abstains from voting, or
(b) absents himself from
any sitting of Parliament, ignoring the direction of the party which
nominated him at the election as a candidate not to do so, he shall be
deemed to have voted against that party.
(2) If, at any time, any question as to the leadership of the
Parliamentary party of a political party arises, the Speaker shall, within
seven days of being informed of it in writing by a person claming the
leadership of the majority of the members of that party in Parliament,
convince a meeting of all members of Parliament of that party in accordance
with the Rules of procedure of Parliament and determine its Parliamentary
leadership by the votes of the majority through division and if, in the
matter of voting in Parliament, any member does not comply with the
direction of the leadership so determined, he shall be deemed to have voted
against that party under clause (1) and shall vacate his seat in the
Parliament.
(3) If a person, after being
elected a member of Parliament as an independent candidate, joins any
political party, he shall, for the purpose of this article, be deemed to
have been elected as a nominee of that Party.]
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71.
|
Bar against double membership
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(1) No person shall at the same time be a member of Parliament
in respect of two or more constituencies.
(2)Nothing in clause (1) shall
prevent a person from being at the same time a candidate for two or more
constituencies, but in the event of his being elected for more than one-
(a) within thirty days
after his last election the person elected shall deliver to the Chief
Election Commissioner a signed declaration specifying the constituency
which he wishes to represent, and the seats of the other constituencies for
which he was elected shall thereupon fall vacant;
(b) if the person
elected fails to comply with sub-clause (a) all the seats for which he was
elected shall fall vacant;
(c) the person elected
shall not make or subscribe the oath or affirmation of a member of
Parliament until the foregoing provisions of this clause, so far as
applicable, have been complied with.
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72.
|
Sessions of Parliament
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|
(1) Parliament shall be summoned, prorogued and dissolved by
the President by public notification and when summoning Parliament the
President shall specify the time and place of the first meeting: 43[Provided
that a period exceeding sixty days shall not intervene between the end of
one session and the first sitting of Parliament in the next session:
Provided further that in the
exercise of his functions under this clause, the President shall act in accordance
with the advice of the Prime Minister tendered to him in writing.]
(2) Notwithstanding the
provisions of clause (1) Parliament shall be summoned to meet within thirty
days after the declaration of the results of polling at any general
election of members of Parliament.
(3) Unless sooner dissolved by
the President, Parliament shall stand dissolved on the expiration of the
period of five years from the date of its first meeting.
Provided that at any time when
the Republic is engaged in war the period may be extended by Act of
Parliament by not more than one year at a time but shall not be so extended
beyond six months after the termination of the war.
(4) If after a dissolution and
before the holding of the next general election of members of Parliament
the President is satisfied that owing to the existence of a state of war in
which he Republic is engaged it is necessary to recall Parliament, the
President shall summon the Parliament that has been dissolved to meet.
(5) Subject to the provisions of clause (1) the sittings of
Parliament shall be held at such times and places as Parliament may, by its
rules of procedure or otherwise determine.
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73.
|
President's address and messages to Parliament
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|
|
(1) The President may address Parliament, and may send messages
thereto.
(2) At the commencement to the
first session after a general election of members of Parliament and at the
commencement of the first session of each year the President shall address
Parliament.
(3) Parliament shall, after the
presentation of an address by the President, or the receipt of a message
from him, discuss the matter referred to in such address or message
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Rights of Ministers as respects Parliament
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[(1) Every Minister shall have the right to speak in, and
otherwise to take part in the proceedings of, Parliament, but shall not be
entitled to vote 46[or to speak on any
matter not related to his Ministry] unless he is a member of Parliament
also. .
(2) In this article,
"Minister" includes a Prime Minister, 47* *, Minister of State and Deputy Minister.]
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74.
|
Speaker and Deputy Speaker
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|
|
(1) Parliament shall at the first sitting after any general
election elect from among its members a Speaker and a deputy Speaker, and
if either office becomes vacant shall within seven days or, if Parliament
is not then sitting, at its first meeting thereafter, elect one of its
members to fill the vacancy.
(2) The Speaker or Deputy
Speaker shall vacate his office-
(a) if he ceases to be a
member of Parliament;
(b) if he becomes a
Minister;
(c) if Parliament passes
a resolution (after not less than fourteen days, notice has been given of
the intention to move the resolution) supported by the votes of a majority
of all the members thereof, requiring his removal from office;
(d) if he resigns his
office by writing under his hand delivered to the President;
(e) if after a general
election another member enters upon that office; or
(f) in the case of the
Deputy Speaker, if he enters upon the office of Speaker.
(3) While the office of the Speaker is vacant or the Speaker is
48[acting
as] President, or if it is determined by Parliament that the Speaker is
otherwise unable to perform the functions of his office, those functions
shall be performed by the Deputy Speaker or, if the office of the Deputy
Speaker is vacant, by such member of Parliament as may be determined by or
under the rules of procedure of Parliament; and during the absence of the
Speaker from any sitting of Parliament the Deputy Speaker or, if he also is
absent, such person as may be determined by or under the rules of
procedure, shall act as Speaker.
(4) At any sitting of
Parliament, while a resolution for the removal of the Speaker from his
office is under consideration the Speaker (or while any resolution for the
removal of the Deputy Speaker form his office is under consideration, the
Deputy Speaker) shall not preside, and the provisions of clause (3) shall
apply in relation to every such sitting as they apply in relation to a
sitting from which the Speaker or, as the case may be the Deputy Speaker is
absent.
(5) The Speaker or the Deputy
Speaker, as the case may be, shall have the right to speak in, and
otherwise to take part in, the proceedings of Parliament while any
resolution for his removal from office is under consideration in
Parliament, and shall be entitled to vote but only as a member.
(6) Notwithstanding the
provisions of clause (2) the Speaker or, as the case may be, the deputy
speaker, shall be demeed to continue to hold office until his successor has
entered upon office.
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75.
|
Rules of procedure, quorum, etc.
|
|
|
(1) Subject to this Constitution-
(a) the procedure of
Parliament shall be regulated by rules of procedure made by it, and until
such rules are made shall be regulated by rules of procedure made by the
President;
(b) a decision in
Parliament shall be taken by a majority of the votes of the members present
and voting, but the person presiding shall not vote except when there is an
equality of votes, in which case he shall exercise a casting vote;
(c) no proceeding in
Parliament shall be invalid by reason only that there is a vacancy in the
membership thereof or that a person who was not entitled to do so was
present at, or voted or otherwise participated in, the proceeding.
(2) If at any time during which Parliament is in session the
attention of the person presiding is drawn to the fact that the number of
members present is less than sixty, he shall either suspend the meeting
until at least sixty members are present, or adjourn it.
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76.
|
Stading committees of Parliament
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(1) 49* * * Parliament shall appoint from among its members the
following standing committees, that is to say-
(a) a public accounts
committee;
(b) committee of
privileges; and
(c) such other standing
committees as the rules of procedure of Parliament require.
(2) In addition to the
committees referred to in clause (1), Parliament shall appoint other
standing committees, and a committee so appointed may, subject to his
Constitution and to any other law-
(a) examine draft Bills
and other legislative proposals;
(b) review the
enforcement of laws and propose measures for such enforcement;
(c) in relation to any
matter referred to it by Parliament as a matter of public importance,
investigate or inquire into the activities or administration of a Ministry
and may require it to furnish, through an authorised representative,
relevant information and to answer questions, orally or in writing;
(d) perform any other
function assigned to it by Parliament.
(3) Parliament may by
law confer on committees appointed under this article powers for-
(a) enforcing the
attendance of witnesses and examining then on oath, affirmation or
otherwise;
(b) compelling the
production of documents.
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77.
|
Ombudsman
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(1) Parliament may, by law, provide for the establishment of
the office of Ombudsman.
(2) The Ombudsman shall exercise
such powers and perform such functions as Parliament may, by law,
determine, including the power to investigate any action taken by a
Ministry, a public officer or a statutory public authority.
(3) The Ombudsman shall prepare
an annual report concerning the discharge of his functions, and such report
shall be laid before Parliament.
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78.
|
Privileges and immunities of Parliament and members
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(1) The validity of the proceedings in Parliament shall not be
questioned in any court.
(2) A member or officer of
Parliament in whom powers are vested for the regulation of procedure, the
conduct of business or the maintenance of order in Parliament, shall not in
relation to the exercise by him of any such powers be subject to the jurisdiction
of any court.
(3) A member of Parliament shall
not be liable to proceedings in any court in respect of anything said, or
any vote given, by him in Parliament or in any committed thereof. (4) A
person shall not be liable to proceedings in any court in respect of the
publication by or under the authority of Parliament of any report, paper,
vote or proceeding. (5) Subject to this article, the privileges of
Parliament and of its committees and members may be determined by Act of
Parliament.
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79.
|
Secretariat of Parliament
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(1) Parliament shall have its own Secretariat. Secretariat of
Parliament.
(2) Parliament may, by law,
regulate the recruitment and conditions of service of persons appointed to
the secretariat of Parliament.
(3) Until provision is made by
Parliament the President may, after consultation with the Speaker, make
rules regulating the recruitment and condition of service of persons
appointed to the secretariat of Parliament, and rules so made shall have
effect subject to the provisions of any law.
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CHAPTER II-
LEGISLATIVE AND FINANCIAL PROCEDURES
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80.
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Legislative procedure
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(1) Every proposal in Parliament for making law shall be made
in the form of a Bill.
(2) When a Bill is passed by
Parliament it shall be presented to the President for assent.
(3) The President, within
fifteen days after a Bill is presented to him shall assent to the
Bill 50* * * or, in the case of a Bill other than a money Bill
may return it to parliament with a message requesting that the Bill or any
particular provisions thereof by reconsidered, and that any amendments
specified by him in the message be considered; and if he fails so to do he
shall be deemed to have assented to the Bill at the expiration of that
period.
(4) If the President so returns
the Bill Parliament shall consider it together with the President's
message, and if the Bill is again passed by Parliament with or without
amendments 51[by
the votes of a majority of the total number of members of Parliament], it
shall be presented to the President for his assent, whereupon the President
shall assent to the Bill within the period of seven days after it has been
presented to him, and if he fails to do so he shall be deemed to have
assented to the Bill on the expiration of that period.
(5) When the President has
assented or is deemed to have assented to a Bill passed by Parliament it
shall become law and shall be called an Act of Parliament.
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81.
|
Money Bills
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(1) In this Part
"Money Bill" means a Bill containing only provisions dealing with
all or any of the following matters-
(a) the imposition,
regulation, alteration, remission or repeal of any tax;
(b) the borrowing of
money or the giving of any guarantee by the Government, or the amendment of
any law relating to the financial obligations of the Government;
(c) the custody of the
Consolidated Fund, the payment of money into, or the issue or appropriation
of moneys from, the Fund;
(d) the imposition of a
charge upon the Consolidated Fund, or the alteration or abolition of any
such charge;
(e) the receipt of moneys
on account of the Consolidated Fund or the Public Account of the Republic,
or the custody or issue of such moneys, or the audit of the accounts of the
Government;
(f) any subordinate
matter incidental to any of the matters specified in the foregoing
sub-clauses.
(2) A Bill shall not be deemed to be a Money Bill by reason
only that it provides for the imposition or alteration of any fine or other
pecuniary penalty, or for the levy or payment of a licence fee or a fee or
charge for any service rendered, or by reason only that it provides for the
imposition, regulation, alteration, remission or repeal of any tax by a
local authority or body for local purposes.
(3) Every Money Bill shall, when
it is presented to the President for his assent, bear a certificate under
the hand of the Speaker that it is a Money Bill, and such certificate shall
be conclusive for all purposes and shall not be questioned in any court.
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82.
|
Recommendation for financial measures
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No Money Bill, or any Bill which involves expenditure from
public moneys, shall be introduced into Parliament except on the
recommendation of the President:
Provided that no recommendation
shall be required under this article for the moving of an amendment making
provision for the reduction or abolition of any tax.
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83.
|
Mo taxation except by or under Act of Parliament
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No tax shall be levied or collected except by or under the
authority of an Act of Parliament.
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84.
|
Consolidated Fund and the Public Account of the Republic
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(1) All revenues received by the Government, all loans raised
by the Government, and all moneys received by it in repayment of any loan,
shall form part of one fund to be known as the Consolidated Fund.
(2) All other public moneys
received by or on behalf of the Government shall be credited to the Public
Account of the Republic.
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85.
|
Regulation of public moneys
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The custody of public moneys, their payment into and the
withdrawal from the Consolidated Fund or, as the case may be, the Public
Account of the Republic, and matters connected with or ancillary to the
matters aforesaid, shall be regulated by Act of Parliament, and until
provision in that behalf is so made, by rules made by the President.
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86.
|
Moneys payable to Public Account of Republic
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All moneys received by
or deposited with-
(a) any person employed
in the service of the Republic or in connection with the affairs of the
Republic, other than revenues or moneys which by virtue of clause (1) of
article 84 shall form part of the Consolidated Fund; or
(b) any court to the
credit of any cause, matter, account or persons, shall be paid into the
Public Account of the Republic.
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87.
|
Annual financial statement
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(1) There shall be laid before Parliament in respect of each
financial year, a statement of the estimated receipts and expenditure of
the Government for that year, in this Part referred to as the annual
financial statement.
(2) The annual financial
statement shall show separately-
(a) the sums required to
meet expenditure charged by or under this Constitution upon the
Consolidated Fund; and
(b) the sums required to
meet other expenditure proposed to be made from the Consolidated Fund; and
shall distinguish expenditure on revenue account from other expenditure.
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88.
|
Charges on Consolidated Fund
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The following
expenditure shall be charged upon the Consolidated Fund-
(a) the remuneration
payable to the President and other expenditure relating to his office; 52* * * * * *
(b) the remuneration
payable to-
(i) the Speaker and
Deputy Speaker
(ii) the Judges of the 53[Supreme Court 54* * *]
(iii) the Comptroller
and Auditor-General;
(iv) the Election
Commissioners;
(v) the members of the
Public Service Commissions;
(c) the administrative
expenses of, including remuneration payable to, officers and servants of
Parliament, the Supreme Court 55* * the Comptroller and Auditor- General, the Election
Commission and the Public Service Commissions;
(d) all debt charges for
which the Government is liable, including interest, sinking fund charges,
the repayment or amortisation of capital, and other expenditure in
connection with the raising of loans and the service and redemption of
debt;
(e) any sums required to
satisfy a judgment, decree or award against the Republic by any court or
tribunal; and
(f) any other
expenditure charged upon the Consolidated Fund by this Constitution or by
Act of Parliament.
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89.
|
Procedure relating to annual financial statement
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(1) So much of the annual financial statement as relates to
expenditure charged upon the Consolidated Fund may be discussed in, but
shall not be submitted to the vote of, Parliament.
(2) So much of the annual
financial statement as relates to other expenditure shall be submitted to
Parliament in the form of demands for grants, and Parliament shall have
power to assent to or to refuse to assent to any demand, or to assent to it
subject to a reduction of the amount specified therein.
(3) No demand for a grant shall
be made except on the recommendation of the President.
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90.
|
Appropriation Act
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(1) As soon as may be
after the grants under article 89 have been made by Parliament there shall
be introduced in Parliament a Bill to provide for appropriation out of the
Consolidated Fund of all moneys required to meet-
(a) the grants so made
by Parliament; and
(b) the expenditure
charged on the Consolidated Fund but not exceeding in any case the amount
shown in the annual financial statement laid before Parliament.
(2) No amendment shall be proposed in Parliament to any such
Bill which has the effect of varying the amount of any grant so made or
altering the purpose to which it is to be applied, or of varying the amount
of any expenditure charged on the Consolidated Fund.
(3) Subject to the provisions of
this Constitution no money shall be withdrawn from the Consolidated Fund
except under appropriation made by law passed in accordance with the
provisions of this article.
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91.
|
Supplementary and excess grants
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If in respect of any
financial year it is found-
(a) that the amount
authorised to be expended for a particular service for the current
financial year is insufficient or that a need has arisen for expenditure
upon some new service not included in the annual financial statement for
that year; or
(b) that any money has
been spent on a service during a financial year in excess of the amount
granted for that service for that year. the President shall have power to
authorise expenditure from the Consolidated Fund whether or not it is
charged by or under the Constitution upon that Fund and shall cause to be
laid before Parliament a supplementary financial statement setting out the
estimated amount of the expenditure or, as the case may be an excess
financial statement setting out the amount of the excess, and the
provisions of articles 87 to 90 shall (with the necessary adaptations)
apply in relation to those statements as they apply in relation to the
annual financial statement.
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92.
|
Votes on account, votes of credit, etc.
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(1) Notwithstanding
anything in the foregoing provisions of this Chapter, Parliament shall have
power-
(a) to make any grant in
advance in respect of the estimated expenditure for a part of any financial
year pending the completion of the procedure prescribed in article 89 for
the voting of such grant and the passing of a law in accordance with the
provisions of article 90 in relation to that expenditure;
(b) to make a grant for
meeting an unexpected demand upon the resources of the Republic when on
account of the magnitude or the indefinite character of the service the
demand cannot be specified with the details ordinarily given in an annual
financial statement;
(c) to make an
exceptional grant which forms no part of the current service of any
financial year; and Parliament shall have power to authorise by law the
withdrawal of moneys from the Consolidated Fund for the purposes for which
such grants are made.
(2) The provisions of articles 89 and 90 shall have effect in
relation to the making of any grant under clause (1), and to any law to be
made under that clause, as they have effect in relation to the making of a
grant with regard to any expenditure mentioned in the annual financial
statement and to the law to be made for the authorisation of appropriation
of moneys out of the Consolidated Fund to meet such expenditure.
56[(3)
Notwithstanding anything contained in the foregoing provisions of the this
Chapter, if, in respect of a financial year, Parliament-
(a) has failed to make
the grants under article 89 and pass the law under article 90 before the
beginning of that year and has not also made any grant in advance under
this article; or
(b) has failed to make
the grants under article 89 and pass the law under article 90 before the
expiration of the period for which the grants in advance, if any, were made
under this article, the President may, upon the advice of the prime
Minister, by order, authorise the withdrawal from the Consolidated Fund
moneys necessary to meet expenditure mentioned in the financial statement
for that year for a period not exceeding sixty days in year, pending the
making of the grants and passing of the law.]
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CHAPTER III-
ORDINANCE MAKING POWER
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93.
|
Ordinance making power
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(1) At any time when 58[Parliament stands
dissolved or is not in session], if the President is satisfied that
circumstances exist which render immediate action necessary, he may make
and promulgate such Ordinances as the circumstances appear to him to
require, and any Ordinance so made shall, as from its promulgation have the
like force of law as an Act of Parliament:
Provided that no Ordinance under
this clause shall make any provision-
(i) which could not
lawfully be made under this Constitution by Act of Parliament;
(ii) for altering or
repealing any provision of this Constitution; or
(iii) continuing in
force any provision of an Ordinance previously made.
(2) An Ordinance made under clause (1) shall be laid before
Parliament at its first meeting following the promulgation of the Ordinance
and shall, unless it is earlier repealed, cease to have effect at the
expiration of thirty days after it is so laid or, if a resolution
disapproving of the Ordinance is passed by Parliament before such
expiration, upon the passing of the resolution.
(3) At any time when Parliament
stands dissolved the President may, if he is satisfied that circumstances
exist which render such action necessary, make and promulgate an Ordinance
authorising expenditure from the Consolidated Fund, whether the expenditure
is charged by the Constitution upon that fund or not, and any Ordinance so
made shall, as from its promulgation, have the like force of law as an Act
of Parliament.
(4) Every Ordinance promulgated
under clause (3) shall be laid before Parliament as soon as may be, and the
provisions for articles 87, 89 and 90 shall, with necessary adaptations, be
complied with in respect thereof within thirty days of the reconstitution
of Parliament.
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PART VI
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THE JUDICIARY
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59[CHAPTER
I- THE SUPREME COURT
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94.
|
Establishment of Supreme Court
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(1) There shall be a Supreme Court for Bangladesh (to be Known
as the Supreme Court of Bangladesh) comprising the Appeallate Division and
the High Court Division.
(2) The Supreme Court shall
consist of the Chief Justice, to be known as the Chief Justice of
Bangladesh, and such number of other Judges as the President may deem it
necessary to appoint to each division.
(3) The Chief Justice, and the
Judges appointed to the Appellate Division, shall sit only in that
division, and the other Judges shall sit only in the High Court Division.
(4) Subject to the provisions of
this Constitution the Chief Justice and the other Judges shall be
independent in the exercise of their judicial functions.
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95.
|
Appointment of Judges
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(1) The Chief Justice and other Judges shall be appointed by
the President.
(2) A person shall not be
qualified for appointment as a Judge unless he is a citizen of Bangladesh
and-
(a) has, for not less
than ten years, been a advocate of the Supreme Court; or
(b) has, for not less
than ten years, helf judicial office in the territory of Bangladesh; or
(c) has such other
qualifications as may be prescribed by law for appointment as a Judge of
the Supreme Court.
(3) In this articles, "Supreme Court" includes 'a
Court which at any time before the commencement of the Second Proclamation
(Tenth Amendment) Order, 1977, exercised jurisdiction as a High Court or
Supreme Court in the territory now forming part of Bangladesh.
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96.
|
Tenure of office of Judges
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(1) Subject to the other provisions of this article, a Judge
shall hold office until he attains the age of 60[sixty-seven]
years.
(2) A Judge shall not be removed
from office except in accordance with the following provisions of this
article.
(3) There shall be a Supreme
Judicial Council, in this article referred to as the council, which shall
consist of the Chief Justice of Bangladesh, and the two next senior Judges:
Provided that if, at any time,
the Council is inquiring into the capacity or conduct of a Judge who is a
member of the Council, or a member of the Council is absent or is unable to
act due to illness or other cause, the Judge who is next in seniority to
those who are members of the Council shall act as such member.
(4) The function of the Council
shall be-
(a) to prescribe a Code
of Conduct to be observed by the Judges; and
(b) to inquire into the
capacity or conduct of a Judge or of any other functionary who is not
removable from office except in like manner as a Judge.
(5) Where, upon any
information received from the Council or from any other source, the
President has reason to apprehend that a Judge-
(a) may have ceased to
be capable of properly performing the functions of his office by reason of
physical or mental incapacity, or
(b) may have been guilty
of gross misconduct, the President may direct the Council to inquire into
the matter and report its finding.
(6) If, after making the inquiry, the Council reports to the
President that in its opinion the Judge has ceased to be capable of
properly performing the functions of his office or has been guilty of gross
misconduct, the President shall, by order, remove the Judge from office.
(7) For the purpose of an
inquiry this article, the Council shall regulate its procedure and shall
have, in respect of issue and execution of processes, the same power as the
Supreme Court.
(8) A Judge may resign his
office by writing under his hand addressed to the President.
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97.
|
Temporary appointment of Chief Justice
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If the office of the Chief Justice becomes vacant, or if the
President is satisfied that the Chief Justice is, on account of absence,
illness, or any other cause, unable to perform the functions of his office,
those functions shall, until some other person has entered upon that
office, or until the Chief Justice has resumed his duties, as the case may
be, be performed by the next most senior Judge of the Appellate Division.
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98.
|
Additional Supreme Court Judges
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Notwithstanding the provisions of article 94, if the President
is satisfied that the number of the Judge of a division of the Supreme
Court should be for the time being increased, the President may appoint one
or more duly qualified person to be Additional Judges of that division for
such period not exceeding two years as he may specify, or, if he thinks
fit, may require a Judge of the High Court Division to sit in the Appellate
Division for any temporary period as an ad hoc Judge and such Judge while
so sitting shall exercise the same jurisdiction, powers and functions as a
Judge of the Appellate Division.
Provided that nothing in this
article shall prevent a person appointed as an Additional Judge from being
appointed as a Judge under article 95 or as an Additional Judge for a
further period under this article.
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99.
|
Disabilities of Judges
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(1) Except as provided in clause (2), a person who has held
office as a Judge otherwise than as an Additional Judge shall not, after
his retirement or removal therefrom, plead or act before any court or
authority or hold any office or profit in the service of the Republic not
being a judicial or quasi-judicial office 60a[or
the office of Chief Adviser or Adviser].
(2) A person who has held office
as a Judge of the High Court Division may, after his retirement or removal
therefrom, plead or act before the Appellate Division.
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Seat of Supreme Court
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The permanent seat of the Supreme Court, shall be in the
capital, but sessions of the High Court Division may be held at such other
place or places as the Chief Justice may, with the approval of the
President, from time to time appoint.
Article 100 as amended by the
said Act runs thus:-
"100. Seat of Surpreme
Court.-
(1) Subject to this article, the
permanent seat of the Supreme Court shall be in the capital.
(2) The High Court Division and
the Judges thereo shall sit at the permanent seat of the Supreme Court and
at the seats of its permanent Benches.
(3) The High Court Division
shall have a permanent Bench each at Barisal, Chittagong, Comilla, Jessore,
Rangpur and Sylhet, and each permanent Bench shall have such Benches as the
Chief Justice may determine from time to time.
(4) A permanent Bench shall
consist of such number of Judges of the High Court Division as the Chief
Justice may deem it necessary to nominate to that Bench from time to time
and on such nomination the Judges shall be deemed to have been transferred
to that Bench.
(5) The President shall, in
consultation with the Chief Justice, assign the area in relation to which
each permanent Bench shall have jurisdictions, powers and functions
conferred or that may be conferred on the High Court Division by this
Constitution or any other law; and the area not so assigned shall be the
area in relation to which the HighCourt Division sitting at the permanent
seat of the Supreme Court Shall have such jurisdictions, powers and
functions.
(6) The Chef Justice shall make
rules to provide for all incidental, supplenental or consequential matters
relating to the permanent Benches."
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101.
|
Jueisdiction of High Court Division
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The High Court Division shall have such original, appeallate
and other jurisdictions, powers and functions as are or may be conferred on
it by this Constitution or any other law.
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102.
|
Powers of High Court Division to issue certain orders and
directions, etc.
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(1) The High Court Division on the application of any person
aggrieved, may give such directions or orders to any person or authority,
including any person performing any function in connection with the affairs
of the Republic, as may be appropriate for the enforcement of any the
fundamental rights conferred by Part III of this Constitution.
(2) The High Court Division may,
if satisfied that no other equally efficacious remedy is provided by law-
(a) on the application
of any person aggrieved, make an order-
(i) directing a person
performing any functions in connection with the affairs of the Republic or
of a local authority to refrain from doing that which he is not permitted
by law to do or to do that which he is required by law to do; or
(ii) declaring that any
act done or proceeding taken by a person performing functions in connection
with the affairs of the Republic or of a local authority has been done or
taken without lawful authority and is of no legal effect; or
(b) on the application
of any person, make an order-
(i) directing that a
person in custody be brought before it so that it may satisfy itself that
he is not being held in custody without lawful authority or in an unlawful
manner; or
(ii) requiring a person
holding or purporting to hold a public office to show under whatauthority
he claims to hold that office.
(3) Notwithstanding anything contained in the foregoing
clauses, the High Court Division shall have no power under this article to
pass any interim or other order in relation to any law to which article 47
applies.
(4) Whereon an application made
under clause (1) or sub-clause (a) of clause (2), an interim order is
prayed for and such interim order is likely to have the effect of-
(a) prejudicing or
interfering with any measure designed to implement any development
programme, or any development work; or
(b) being otherwise
harmful to the public interest, the High Court Division shall not make an
interim order unless the Attorney-General has been given reasonable notice
of the application and he (or an advocate authorised by him in that behalf)
has been given an opportunity or being heard, and the High Court Division
is satisfied that the interim order would not have the effect refered to in
sub-clause (a) or sub-clause (b). (5) In this article, unless the context
otherwise requires, "person" includes a statutory public
authority and any court or tribunal, other than a court or tribunal
established under a law relating to the defence services of Bangladesh or
any disciplined force or a tribunal to which article 117 applies.
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103.
|
Jurisdiction of Appellate Division
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(1) The Appellate Division shall have jurisdiction to hear and
determine appeals from judgments, decrees, orders or sentences of the High
Court Division.
(2) An appeal to the Appeallate
Division from a judgment, decree, order or sentence of the High Court
Division shall lie as of right where the High Court Division-
(a) certifies that the
case involves a substantial question of law as to the interpretation of
this constitution ; or
(b) has sentenced a
person to death or to 62[imprisonment] for life, or
(c) has imposed
punishment on a person for contempt of that division; and in such other
cases as may be provided for by Act of Parliament.
(3) An appeal to the Appellate Division for a judgment, decree,
order or sentence of the High Court Division in a case to which clause (2)
does not apply shall lie only if the Appellate Division grants leave to
appeal.
(4) Parliament may by law
declare that the provisions of this article shall apply in relation to any
other court or tribunal as they apply in relation to the High Court
Division.
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104.
|
Issue and ececution of processis of Appellate Division
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The Appellate Division shall have power to issue such
directions, orders, decrees or writs as may be necessary for doing complete
justice in any cause or matter pending before it, including orders for the
purpose of securing the attendance or any person or the discovery or
production of any document.
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105.
|
Review of Judgments or orders by Appellate Division
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|
The Appellate Division shall have power, subject to the
provisions of any Act of Parliament and of any rules made by that division
to review any judgment pronounced or order made by it.
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106.
|
Advisory jurisdiction of Supreme Court
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If at any time it appears to the President that a question of
law has arisen, or is likely to arise, which is of such a nature and of
such public importance that it is expedient to obtain the opinion of the
Supreme Court upon it, he may refer the question to the Appellate Division
for consideration and the division may, after such hearing as it thinks
fit, report its opinion thereon to the President.
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107.
|
Rule making power of the Supreme Court
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|
|
(1) Subject to any law made by Parliament the Supreme Court
may, with the approval of the President, make rules for regulating the
practice and procedure of each division of the Supreme Court and of any
court subordinate to it.
(2) The Supreme Court may delegate
any of its functions under clause (1) and article 113 to a division of that
Court or to one or more Judges.
(3) Subject to any rules made
under this article the Chief Justice shall determine which Judge are to
constitute any Bench of a division of the Supreme Court 63* * * * * and which Judges are to sit for any purpose.
(4) The Chief Justice may
authorise the next most senior-Judge of either Division of the Supreme
Court to exercise in that division any of the powers conferred by clause
(3) or by rules made under this article.
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108.
|
Supreme Court as court of record
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|
The Supreme Court shall be a court of record and shall have all
the powers of such a court including the power subject to law to make an
order for the investigation of or punishment for any contempt of itself.
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109.
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Superintendence and control over courts
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The High Court shall have superintendence and control over all
courts 64[and
tribunals] subordinate to it.
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110.
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Transfer of cases from subordinate courts to High Court
Division
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If the High Court
Division is satisfied that a case pending in a Court subordinate to it
involves a substantial question of law as to the interpretation of this
Constitution, or on a point of general public importance, the determination
of which in necessary for the disposal of the case, it shall withdraw the
case from that court and may-
(a) either dispose of
the case itself; or
(b) determine the
question of law and return the case to the court from which it has been so
withdrawn (or transfer it to another subordinate court) together with a
copy of the judgement of the division on such question, and the court to
which the case is so returned or trnasferred shall, on receipt thereof,
proceed to dispose of the case in conformity with such judgement.
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111.
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Binding effect of Supreme Court judgments
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The law declared by the Appellate Division shall be binding on
the High Court Division and the law declared by either division of the
Supreme Court shall be binding on all courts subordinate to it.
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112.
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Action in aid of Supreme Court
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Al authorities, executive and judicial, in the Republic shall
act in aid of the Supreme Court.
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113.
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Staff of Supreme Court
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(1) Appointments of the staff of the Supreme Court shall be
made by the Chief Justice or such other judge or officer of that Court as
he may direct, and shall be made in accordance with rules made with the
previous approval of the President by the Supreme Court.
(2) Subject to the provisions of
any Act of Parliament the conditions of service of members of the staff of
the Supreme Court shall be such as may be prescribed by rules made by that
court.
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CHAPTER II -
SUBORDINATE COURTS
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114.
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Establishment of subordinate courts
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There shall be in addition to the Supreme Court 65* *
such courts subordinate thereto as may be established by law.
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Appointments to subordinate courts
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Appointments of persons to offices in the judicial service or
as magistrates exercising judicial functions shall be made by the President
in accordance with rules made by him in that behalf.]
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116.
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Control and discipline of subordinate courts
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The control (including the power of posting, promotion and
grant of leave) and discipline of persons employed in the judicial service
and magistrates exercising judicial functions shall vest in the 67[President]
68[and
shall be exercised by him in consultation with the Supreme Court].
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Judicial officers to be independent in the exercise of
their functions
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117.
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Administrative tribunals
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(1) Notwithstanding
anything hereinbefore contained, Parliament may be law establish one or
more administrative tribunals to exercise jurisdiction in respect of matter
relating to or arising out of-
(a) the terms and
conditions of persons in the service of the Republic, including the matters
provided for in Part IX and the award of penalties or punishment;
(b) the acquisition,
administration, management and disposal of any property vested in or
managed by the Government by or under any law, including the operation and
management of, and service in any nationalised enterprise or statutory
public authority;
70[(c) any law to which clause (3) of article 102 applies.]
(2) Where any administrative tribunal is established under this
article, no court shall entertain any proceedings or make any order in
respect of any matter falling within the jurisdiction of such tribunal:
Provided that Parliament may, by law, provide for appeals from, or the
review of, decisions of any such tribunal.
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PART VII
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ELECTIONS
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118.
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Establishment of Election Commission
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(1) There shall an Election Commission for Bangladesh
consisting of a Chief Election Commissioner and such number of other
Election Commissioners, if any as the President may from time to time
direct, and the appointment of the Chief Election Commissioner and other
Election commissioners (if any) shall, subject to the provisions of any law
made in that behalf, be made by the President.
(2) When the Election Commission
consists of more than one person, the Chief Election Commissioner shall act
as the chairman thereof.
(3) Subject to the provisions of
this Constitution the term of office of an Election Commissioner shall be
five years from the date on which he enters upon his office, and-
(a) a person who has
held office as Chief Election Commissioner shall not be eligible for
appointment in the service of the Republic;
(b) any other election
Commissioner shall, on ceasing to hold office as such, be eligible for
appointment as Chief Election Commissioner but shall not be otherwise
eligible for appointment in the service of the Republic.
(4) The Election Commission shall be independent in the
exercise of its functions and subject only to this Constitution and any
other law.
(5) Subject to the provisions of
any law made by Parliament, the conditions of service of Election
Commissioners shall be such as the President may, by order, determine:
Provided that an Election
Commissioner shall not be removed from his office except in like manner and
on the like grounds as a judge of the 72[Supreme
Court.]
(6) An Election Commissioner may
resign his office by writing under his hand address to the President.
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119.
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Functions of Election Commission
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73[(1) The superintendence, direction and control of the
preparation of the election rolls for elections to the office or President
and to Parliament and the conduct of such elections shall vest in the
Election Commission which shall, in accordance with his Constitution and
any other law-
(a) hold elections to
the office of President;
(b) hold elections of
members of Parliament;
(c) delimit the
constituencies for thepurpose of elections to Parliament; and
(d) prepare electroral
roles for the purpose of elections to the office of President and to
Parliament.
(2) The Election Commission shall perform such functions, in
addition to those specified in the foregoing clauses, as may be prescribed
by this Constitution or by any other law.
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120.
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Staff of Election Commission
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The President shall, when so requested by the Election
Commission, make available to it such staff as may be necessary for the
discharge of its functions under this Part.
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121.
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Single electoral roll for each constituency
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There shall be one electoral roll for each constituency for the
purposes of elections to Parliament, and no special electoral roll shall be
prepared so as to classify electors according to religion, race caste or
sex.
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122.
|
Qualifications for registration as voter
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(1) The elections 74 * * * * to Parliament
shall be on the basis of adult franchise.
(2) A person shall be entitled
to be enrolled on the electoral roll for a constituency delimited the
purpose of election to Parliament, if he-
(a) is a citizen of
Bangladesh;
(b) is not less than
eighteen years of age;
(c) does not stand
declared by a competent court to be of unsound mind; 75[and]
(d) is or is deemed by
law to be a resident of that consituency 76[. ]
77 * * *
* * *
78 * * *
* * *
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123.
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Time for holding elections
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79[(1) In the case of a
vacancy in the office of President occurring by reason of the expiration of
his term of office an election to fill the vacancy shall be helf within the
period of ninety to sixty days prior to the date of expiration of the term:
Provided that if the term
expires before the dissolution of the Parliament by members of which he was
elected the election to fill the vacancy shall not be held until after the
next general election of members of Parliament, but shall be held within
thirty days after the first sitting of Parliament following such general
election.
(2) In the case of a vacancy in
the office of President occurring by reason of the death, resignation or
removal of the President, an election to fill the vacancy shall be held
within the period of ninety days after the occurrence of the vacancy.]
79a[(3)
A general election of members of Parliament shall be held within ninety
days after Parliament is dissolved, whether by reason of the expiration of
its term or otherwise than by reason of such expiration.]
(4) An election to fill the seat
of a member of Parliament which falls vacant otherwise than by reason of
the dissolution of Parliament shall be helf within ninety days of the
occurrence of the vacancy [:]
80[Provided
that in a case where, in the opinion of the Chief Election Commissioner, it
is not possible, for reasons of an act of God, to hold such election within
the period specified in this clause, such election shall be held within
ninety days following next after the last day of such period.]
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Parliament may make provision as to elections
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Subject to the provisions of this Constitution, Parliament may
by law make provision with respect to all matters relating to or in
connection with election to Parliament, including the delimitation of
constituencies, the preparation of electoral rolls, the holding of
elections, and all other matters necessary for securing the due
Constitution of Parliament.]
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125.
|
Validity of election law and elections
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Notwithstanding anything
in this Constitution-
(a) the validity of any
law relating to the delimitation of constituencies, or the allotment of
seats to such constituencies, made or purporting to be made under article
124, shall not be called in question in any court;
(b) no election to the 82[offices of President 83 * *] or to Parliament shall be called in question except by an
election petition presented to such authority and in such manner as may be
provided for by or under any law made by Parliament.
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126.
|
Executive authorities to assist Election Commission
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It shall be the duty of all executive authorities to assist the
Election Commission in the discharge of its functions.
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PART VIII
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THE COMPTROLLER AND
AUDITOR-GENERAL
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127.
|
Establishment of office of Auditor-General
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(1) There shall be a Comptroller and Auditor-General of
Bangladesh (hereinafter referred to as the Auditor-General) who shall be
appointed by the President.
(2) Subject to the provisions of
this Constitution and of any law made by Parliament, the conditions of
service of the Auditor-General shall be such as the President may, by
order, determine.
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128.
|
Functions of Auditor-General
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(1) The public accounts of the Republic and of all courts of
law and all authorities and officers of the Government shall be audited and
reported on by the Auditor-General and for that purpose he or any person
authorised by him in that behalf shall have access to all records, books,
vouchers, documents, cash, stamps, securities, stores or other government
property in the possession of any person in the service of the Republic.
(2) Without prejudice to the
provisions of clause (1), if it is prescribed by law in the case of any
body corportate directly established by law, the accounts of that body
corporate shall be audited and reported on by such person as may be so
prescribed.
(3) Parliament may by law
require the Auditor-General to exercise such functions, in addition to
those specified in clause (1), as such law may prescribe, and until
provision is made by law under this clause the President may, by order,
make such provision.
(4) The Auditor-General, in the
exercise of this functions under clause (1), shall not be subject to the
direction or control of any other person or authority.
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129.
|
Term of office of Auditor-General
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(1) The Auditor-General shall, subject to the provisions of
this article, hold office for five years from the date on which he entered
upon his office, or until he attains the age of sixty-five years, whichever
is earlier.
(2) The Auditor-General shall
not be removed from his office except in like manner and on the like ground
as a judge of the 84[Supreme
Court].
(3) The Auditor-General may
resign his office by writing under his hand addressed to the President.
(4) On ceasing to hold office
the Auditor-General shall not be eligible for further office in the service
of the Republic.
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130.
|
Acting Auditor-Geral
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At any time when the office of Auditor-General is vacant, or
the President is satisfied that the Auditor-General is unable to perform
his functions on account of absence, illness or any other cause, the
President may appoint a person to act as Auditor-General and to perform the
functions of that office until an appointment is made under article 127 or,
as the case may be until the Auditor-General resumes the functions of his
office.
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131.
|
Form and manner of keeping public accounts
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|
The public accounts of the Republic shall be kept in such form
and in such manner as the Auditor-General may, with the approval of the
President, prescribe.
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132.
|
Reports of Auditor-General to be laid before Parliament
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|
|
The reports of the Auditor-General relating to the Reports of
public accounts of the Republic shall be submitted to the President, who
shall cause them to be laid before Parliament.
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PART IX
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THE SERVICES OF
BANGLADESH CHAPTER1 SERVICES
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|
133.
|
Appointment and conditions of service
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|
|
Subject to the provisions of this Constitution Parliament may
by law regulate the appointment and conditions of service of person in the
service of the Republic:
Provided that it shall be
competent for the President to make rules regulating the appointment and
the conditions of service such person until provision in that behalf is
made by or under any law, and rules so made shall have effect subject to
the provisions of any such law.
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134.
|
Tenure of office
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|
|
Except as otherwise provided by this Constitution every person
in the service of the Republic shall hold office during the pleasure of the
President.
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135.
|
Dismissal, etc., of civilian public officers
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|
(1) No person who holds any civil post in the service of the
Republic shall be dismissed or removed or reduced in rank by an authority
subordinate to that by which he was appointed.
(2) No such person shall be
dismissed or removed or reduced in rank until he has been given a
reasonable opportunity of showing cause why that action should not be
taken:
Provided that this clause shall
not apply-
(i) where a person is
dismissed or removed or reduced in rank on the ground of conduct which has
led to his conviction of a criminal offence; or
(ii) where the authority
empowered to dismiss or remove a person or to reduce him in rank is
satisfied that, for a reason recorded by that authority in writing, it is
not reasonably practicable to give that person an opportunity of showing
cause; or
(iii) where the
President is satisfied that in the interests of the security of the State
it is not expedient to give that person such an opportunity.
(3) If in respect of such a person the question arises whether
it is reasonably practicable to give him an opportunity to show cause in
accordance with clause (2), the dicision thereon of the authority empowered
to dismiss or remove such person or to reduce him in rank shall be final.
(4) Where a person is employed
in the service of the Republic under a written contract and that contract
is terminated by due notice in accordance with its terms, he shall not, by
reason thereof, be regarded as removed from office for the purposes of this
article.
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136.
|
Reorganisation of service
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|
Provision may be made by law for the reorganisation of the
service of the Republic by the creation, amalgamation or unification of
services and such law may vary or revoke any condition of service of a
person employed in the service of the Republic.
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137.
|
Establishment of Commissions
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|
Provision shall be made by law for establishing one or more
public service commissions for Bangladesh, each of which shall consist of a
chairman and such other members as shall be prescribed by law.
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138.
|
Appointment of menbers
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|
(1) The chairman and other
members of each public service commission shall be appointed by the
President.
Provided that not less
than one-half of the members of a commission shall be persons who have held
office for twenty years or more in the service of any government which has
at any time functioned within the territory of Bangladesh.
(2) Subject to any law
made by Parliament the conditions of service of the chairman and other
members of a public service commission shall be such as the President may,
by order, determine.
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139.
|
Term of office
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|
(1) The term of office
of the chairman and other members of a public service commission shall,
subject to the provisions of this article, expire five years after the date
on which he entered upon his office, or when he attains the age of
sixty-five years, whichever is earlier;
(2) The chairman and
other members of such a commission shall be removed from office except in
like manner and on he like grounds as a judge of the 85[Supreme Court].
(3) A chairman or other
member of a public service commission may resign his office by writing
under his hand addressed to the President.
(4) On ceasing to hold
office a mamber of a public service commission shall not be eligible for
further employment in the service of the Republic, but, subject to the
provisions of clause (1)-
(a) a chairman so
ceasing shall be eligible for re-appointment for one further term; and
(b) a member (other than
the chairman) so ceasing shall be eligible for re-appointment for one
further term or for appointment as chairman of a public service commission.
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140.
|
Functions of Commissions
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|
(1) The functions of a
public service commission shall be-
(a) to conduct tests
examinations for the selection of suitable persons for appointment of the
service of the Republic;
(b) to advise the
President on any matter on which the commission is consulted under clause
(2) or on any matter connected with its functions which is referred to the
commission by the President; and
(c) such other functions
as may be prescribed by law.
(2) Subject to the
provisions of any law made by Parliament, and any regulation (not
inconsistent with such law) which may be made by the President after
consultation with a commission, the President shall consult a commission
with respect to-
(a) matters relating to
qualifications for, and methods of recruitment to, the service of the
Republic;
(b) the principles to be
followed in making appointments to that service and promotions and
transfers from one branch of the service to another, and the suitability of
candidates for such appointment, promotions and transfers;
(c) matters affecting
the terms and conditions (including person rights) of that service; and
(d) the discipline of
the service.
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141.
|
Annual report
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|
|
(1) Each commission
shall, not later than the first day of March each year, prepare and submit
to the President a report of the performance of its functions during the
period ended on the previous 31st day of December.
(2) The report shall be
accompanied by a memorandum setting out, so far as is known to the
commission-
(a) the cases, if any,
in which its advise was not accepted and the reasons why it was not
accepted;
(b) the cases where the
commission ought to have been consulted and was not consulted, and the
reasons why it was not consulted.
(3) The President shall cause
the report and memorandum to be laid before Parliament at its first meeting
held after 31st March in the year in which the report was submitted.
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EMERGENCY PROVISIONS
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|
141A.
|
Proclamation of Emergency
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|
(1) If the President is satisfied that a grave emergency exists
in which the security or economic life of Bangladesh, or any part thereof,
is threatened by war or external aggression or internal disturbance, he may
issue a Proclamation of Emergency:
88[Provided
that such Proclamation shall require for its validity the prior counter
signature of the Prime Minister.]
(2) A Proclamation of Emergency-
(a) may be revoked by a
subsequent Proclamation;
(b) shall be laid before
Parliament;
(c) shall cease to
operate at the expiration of one hundred and twenty days, unless before the
expiration of that period it has been approved by a resolution of Parliament:
Provided that if any
such Proclamation is issued at a time when Parliament stands dissolved or
the dissolution of Parliament takes place during the period of one hundred
and twenty days referred to in sub-clause (c), the Proclamation shall cease
to operate at the expiration of thirty days from the date on which
Parliament first meets after its re-constitution, unless before that
expiration of the meets after its re-constitution, unless before that
expiration of the said period of thirty days a resolution approving the
Proclamation has been passed by Parliament.
(3) A Proclamation of Emergency declaring that the security of
Bangladesh, or any part thereof, is threatened by war or external
aggression or by internal disturbance may be made before the actual
occurrence of war or any such aggression or disturbance if the President is
satisfied that there is imminent danger thereof.
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141B.
|
Suspension of provisions of certain articles during
emergencies
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|
|
While a Proclamation of Emergency is in operation, nothing in
articles 36, 37, 38, 39, 40 and 42 shall restrict the power of the State to
make any law or to take any executive action which the State would, but for
the provisions contained in Part III of this Constitution, be competent to
make or to take, but any law so made shall, to the extent of the
incompetence, cease to have effect as soon as the Proclamation ceases to
operate, except as respects things done or omitted to be done before the
law so ceases to have effect.
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141C.
|
Suspenion of enforcement of fundamental right during
emergencies
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|
|
(1) While a Proclamation of Emergency is in operation, the
President may, 89[on the written advice
of the Prime Minister, by order], declare that the right to move any court
for the enforcement of such of the rights conferred by Part III of this
Constitution as may be specified in the order, and all proceedings pending
in any court for the enforcement of the right so specified, shall remain
suspended for the period during which the Proclamation is in force or for
such shorter period as may be specified in the order.
(2) An order made under this
article may extend to the whole of Bangladesh or any part thereof.
(3) Every order made under this
article shall, as soon as may be, be laid before Parliament.]
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PART X
|
|
AMENDMENT OF THE
CONSTITUTION
|
|
142.
|
Power to amend 91* *
any provision of the Constitution
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|
|
90[(1)] Notwithstanding anything contained in this Constitution-
(a) any provision
thereof may by 92[amended by way of addition, alteration, substitution or
repeal] by Act of Parliament:
Provided
that-
(i) no Bill for such
amendment 91* *
shall be allowed to proceed unless the long title thereof expressly states
that it will amend 91* * a provision of the Constitution;
(ii) no such Bill shall
be presented to the President for assent unless it is passed by the votes
of not less than two-thirds of the total number of members of Parliament;
(b) when a Bill passed
as aforesaid is presented to the President for his assent he shall, within
the period of seven days after the Bill is presented to him assent to the
Bill, and if he fails so to do he shall be deemed to have assented to it on
the expiration of that period.
93[(1A) Notwithstanding
anything contained in clause (1), when a Bill, passed as a aforesaid,,
which provides for the amendment of the Preamble or any provisions of
articles 8, 48 94[0r] 56 95* * *
or this article, is presented to the President for assent, the President,
shall within the period of seven days, after the Bill is presented to him,
cause to be referred to a referendum the question whether the Bill should
or should not be assented to.
(1B) A referendum under this
article shall be conducted by the Election Commission, within such period
and in such manner as may be provided by law, amongst the person enrolled
on the electoral roll prepared for the purpose of election to 96[Parliament].
(1C) On the day on which the
result of the referendum conducted in relation to a Bill under this article
is declared, the President shal be deemed to have-
(a) assented to the
Bill, if the majority of the total votes cast are in favour of the Bill
being assented to; or
(b) Withheld assent
therefrom, if the majority of the total votes cast are not in favour of the
Bill being assented to.]
97[1D) Nothing in clause
(1C) shall be deemed to be an expression of confidence or no-confidence in
the Cabinet or Parliament]
98[(2)
Nothing in article 26 shall apply to any amendment made under this
article.]
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PART XI
|
|
MISCELLANEOUS
|
|
143.
|
Property of the Republic
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|
|
(1) There shall vest in
the Republic, in addition to any other land or property lawfully vested-
(a) all minerals and
other things of value underlying any land of Bangladesh;
(b) all lands, minerals
and other things of value underlying the ocean within the territorial
waters, or the ocean over the continental shelf, of Bangladesh; and
(c) any property located
in Bangladesh that has no rightful owner.
(2) Parliament may from time to time by law provide for the
determination of the boundaries of the territory of Bangladesh and of the
territorial waters and the continental shelf of Bangladesh.
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144.
|
Executive authority in relation to property, trade, etc.
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|
|
The executive authority of the Republic shall extend to the
acquisition, sale, transfer, mortgage and disposal of property, the
carrying on of any trade or business and the making of any contract.
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|
145.
|
Contracts and deeds
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|
|
(1) All contracts and deeds made in exercise of the executive
authority of the Republic shall be expressed to be made by the President,
and shall be executed on behlf of the President by such person and in such
manner as he may direct or authorise.
(2) Where a contract or deed is
made or executed in exercise of the executive authority of the Republic,
neither the President nor any other person making or executing the contract
or deed in exercise of the authority shall be personally liable in respect
thereof, but this article shall not prejudice the right of any person to
take proceedings against the Government.
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International treaties
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|
|
All treaties with foreign countries shall be submitted to the
President, who shall cause them to be laid before Parliament:
100[Provided
that any such treaty connected with national security shall be laid in a
secret session of Parliament]]
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|
146.
|
Suits in name of Bangladesh
|
|
|
The Government of Bangladesh may sue or be sued by the name of
Bangladesh.
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|
147.
|
Remuneration, etc., of certain officers
|
|
|
(1) The remuneration,
privileges and other terms and conditions of service of a person holding or
acting in any office to which this article applies shall be determined by
or under Act of parliament, but until they are so determined-
(a) they shall be those
(if any) appertaining to the person holding or, as the case may be acting
in the office in question immediately before the commencement of this
Constitution; or
(b) if thepreceding
sub-clause is not applicable, they shall be determined by order made by the
President.
(2) The remuneration, privileges and other terms and conditions
of service of a person holding or acting in any office to which this
article applies shall not be varied to the disadvantage of any such person
during his term of office.
(3) No person appointed to or
acting in any office to which this article applies shall hold any arise,
post or position of profit or emolument or take any part whatsoever in the
management or conduct of any company, association or body having profit or
gain as its object:
Provided that such person shall
not for the purposes of this clause be deemed to hold any such office, post
or position by reason only that he holds or is acting in the office first
above-mentioned.
(4) This article applies to the
offices of -
(a) President;
102[(b) Prime Minister and Chief Advisor;]
(c) Speaker or Deputy
Speaker;
103[(d) Minister, Advisor, Minister of State or Deputy Minister;]
(e) Judge of the Supreme
Court;
(f) Comptroller and
Auditor-General;
(g) Election
Commissioner;
(h) Member of a public
service commission.
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148.
|
Oaths of office
|
|
|
(1) A person elected or appointed to any office mentioned in
the Third Schedule shall before entering upon the office make and subscribe
an oath or affirmation (in this article referred to as "an oath")
in accordance with that Schedule.
(2) Where under this
Constitution an oath is required to be administrated by a specified person 106* * *, it may be administered by such other person and
at such place as may be designated by that person.
(2A) If, within three days next
after publication through official Gazette of the result of a general
election of members of Parliament under clause (3) of article 123, the
person specified under the Constitution for the purpose or such other
person designated by that person for the purpose, is unable to, or does
not, administer oath to the newly elected members of Parliament, on any
account, the Chief Election Commissioner shall administer such oath within
three days next thereafter, as if, he is the person specified under the
Constitution for the purpose.
(3) Where under this
Constitution a person is required to make an oath before he enters upon an
office he shall be deemed to have entered upon the office immediately after
he makes the oath.
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149.
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Saving for existing laws
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Subject to the provisions of this Constitution all existing
laws shall continue to have effect but may be amended or repealed by law
made under this Constitution.
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150.
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Transitional and temporaty provisions
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The transitional and temporary provisions set out in the Fourth
Schedule shall have effect notwithstanding any other provisions of this
Constitution.
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151.
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Repeals
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|
The following
President's Orders are hereby repealed-
(a) The laws Continuance
Enforcement Order made on 10th April, 1971;
(b) The Provisional
Constitution of Bangladesh Order, 1972;
(c) The High Court of
Bangladesh Order, 1972 (P.O. No. 5 of 1972);
(d) The Bangladesh
Comptroller and Auditor-General Order, 1972 (P.O. No. 15 of 1972)
(e) The Constituent
Assembly of Bangladesh Order, 1972 (P.O. No. 22 of 1972)
(f) The Bangladesh
Election Commission Order, 1972 (P.O. No. 25 of 1972)
(g) The Bangladesh
Public Service Commissions Order 1972 (P.O. No. 34 of 1972)
(h) The Bangladesh
Transaction of Government Business Order, 1972 (P.O. No. 58 of 1972)
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152.
|
Interpretation
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(1) In this Constitution, except where the subject or context
otherwise requires-
Interpretation
"Administrative unit" means a district or other area designated
by law for the purposes of article 59; 106a["Advisor"
means a person appointed to that office under article 58C;]
107["the
Appellate Division" means the Appellate Division of the Supreme
Court;]
"article" means an
article of this Constitution;
"borrowing" includes
the raising of money by annuity, and "loan" shall be construed
accordingly;
"the capital" has the
meaning assigned to that expression in article 5;
106a["Chief
Adviser" means a person appointed to that office under article 58C.]
"Chief Election
Commissioner" means a person appointed to that office under article
118;
107"The
Chief Justice" means the Chief Justice of Bangladesh;
"citizen" means a
person who is a citizen of Bangladesh according to the law relating to
citizenship;
"clause" means a
clause of the article in which the expression occurs;
108["court"means
any court of law including Supreme Court;]
"debt" includes any
liability in respect of any obligation to repay capital sums by way of annuities
and any liability under any guarantee, and "debt charge" shall be
construed accordingly;
"disciplinary law"
means a law regulating the discipline of any disciplined force;
"disciplined force"
means-
(a) the army navy or air
force;
(b) the police force;
(c) any other force
declared by law to be a disciplined force within the meaning of this
definition;
"district judge" includes additional district judge;
"existing law" means
any law in force in, or in any part of, the territory of Bangladesh
immediately before the commencement of this Constitution, whether or not it
has been brought into operation;
"financial year" means
a year commencing on the first day of July;
"guarantee" includes
any obligation undertaken before the commencement of this Constitution to
make payments in the event of the profits of an undertaking falling short
of a specified amount;
109["the
High Court Division" means the High Court Division of the Supreme
Court;]
109["judge"
means a judge of a division of the Supreme Court;]
"judicial service"
means a service comprising person holding judicial posts not being posts
superior to that of a district judge;
"law" means any Act,
ordinance, order rule, regulation, bye-law, notification or other legal
instrument, and any custom or usage, having the force of law in Bangladesh;
"Parliament" means the
Parliament for Bangladesh established by article 65;
"Part" means a Part of
this Constitution;
"pension" means a
pension, whether contributory or not, of any kind whatsover payable to or
in respect of any person, and includes retired pay or gratuity so payable
by way of the return or any addition thereto of subscriptions to a
provident fund;
"political party"
includes a group or combination of persons who operate within or outside
Parliament under a distinctive name and who hold themselves out for the
purpose of propagating a political opinion or engaging in any other
political activity;
"the President" means
the President of Bangladesh elected under this Constitution or any person
for the time being acting in that office;
"property" includes
property of every description movable or immovable corporeal or
incorporeal, and commercial and industrial undertakings, and any right or
interest in any such property or undertaking;
"public notification"
means a notification in the Bangladesh Gazette.
"public officer" means
person holding or acting in any office of emolument in the service of the
Republic;
"the Republic" means
the People's Republic of Bangladesh;
"Schedule" means a
schedule to this Constitution;
"securities" includes
stock;
"the service of the
Republic" means any service, post or office whether in a civil or
military capacity, in respect of the Government of Bangladesh, and any
other service declared by law to be a service of the Republic;
"session", in relation
to Parliament, means the sittings of Parliament commencing when it first
meets after the commencement of this Constitution or after a prorogation or
dissolution of Parliament and terminating when Parliament is prorogued or
dissolved;
"sitting" in relation
to Parliament, means a period during which Parliament is sitting
continuously without adjournment;
"the Speaker" means
the person for the time being holding the office of Speaker pursuant to
article 74;
"the State" includes
Parliament, the Government and statutory public authorities;
"statutory public
authority" means any authority, corporation or body the activities or
the principal activities of which are authorised by any Act, ordinance,
order or instrument having the force of law in Bangladesh;
"sub-clause" means a
sub-clause of the clause in which the expression occurs;
110["the
Supreme Court" means the Supreme Court of Bangladesh constituted by
article 94;]
"taxation" includes
the imposition of any tax, rate, duty or impost, whether general, local or
special, and "tax" shall be construed accordingly [;]111
(2) The General Clauses Act,
1897 shall apply in relation to-
(a) this Constitution as
it applies in relation to an Act of Parliament;
(b) any enactment
repealed by this Constitution, or which by virtue thereof becomes void or
ceases to have effect, as it applies in relation to any enactment repealed
by Act of Parliament.
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153.
|
Commencement, citation and authenticity
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(1) This Constitution may be cited as the Constitution of the
People's Republic of Bangladesh and shall come into force on the sixteenth
day of December, 1972, in this Constitution referred to as the commencement
of this Constitution.
(2) There shall be an authentic
text of this Constitution in Bengali, and an authentic text of an
authorised translation in English, both of which shall be certified as such
by the Speaker of the Constituent Assembly.
(3) A text certified in
accordance with clause (2) shall be conclusive evidence of the provisions
of this Constitution:
Provided that in the event of
conflict between the Bengali and the English text, the Bengali text shall
prevail.
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FIRST SCHEDULE
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[Article 47]
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Laws effective notwithstanding
other provisions
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The State Acquisition and Tenancy Act, 1950 (E.B. Act XXVIII of
1951).
The Bangladesh (Taking over of
Control and Management of Industrial and Commercial Concerns) Order, 1972
(A.P.O. No. 1 of 1972).
*1The
Government of Bangladesh (Services) Order, 1972 (P.O. No. 9 of 1972)
The Bangladesh Shipping
Corporation Order, 1972 (P.O. No. 10 of 1972)
1#The
Bangladesh (Restoration of Evacuee Property) Order, 1972 (P.O. No. 13 of
1972)
*2The
Bangladesh Public Servants' (Retirement) Order, 1972 (P.O. No. 14 of 1972)
The Bangladesh Abandoned
Property (Control, Management and Disposal) Order, 1972 (P.O. No. 16 of
1972)
The Bangladesh Banks
(Nationalisation) Order, 1972 (P.O. No. 26 of 1972)
The Bangladesh Industrial
Enterprises (Nationalisation) Order, 1972 (P.O. No. 27 of 1972)
The Bangladesh Inland Water
Transport Corporation Order, 1972 (P.O. No. 28 of 1972)
The Bangladesh (Vesting of
Property and Assets) Order, 1972 (P.O. No. 29 of 1972)
The Bangladesh Insurance
(Emergency Provisions) Order, 1972 (P.O. No. 30 of 1972)
*3The
Bangladesh Consumer Supplies Corporation Order, 1972 (P.O. No. 47 of 1972)
*4The
Bangladesh Scheduled Offences (Special Tribunals) Order, 1972 (P.O. No. 50
of 1972)
*5The
Bangladesh Nationalised and Private Organisations (Regulation of Salary of
Employees) Order, 1972 (P.O. No. 54 of 1972)
*6The
Bangladesh Jute Export Corporation Order, 1972 (P.O. No. 57 of 1972) The
Bangladesh Water and Power Development Boards Order, 1972 (P.O. No. 59 of
1972)
*7The
Government of Bangladesh (Services Screening) Order, 1972 (P.O. No. 67 of
1972)
*8The
Bangladesh Government Hats and Bazars (Management) Order, 1972 (P.O. No. 73
of 1972)
*5The
Bangladesh Government and Semi-autonomous Organisations (Regulation of
Salary of Employees) Order, 1972 (P.O. No. 79 of 1972)
The Bangladesh Insurance
(Nationalisation) Order, 1972 (P.O. No. 95 of 1972)
The Bangladesh Land Holding
(Limitation) Order, 1972 (P.O. No. 98 of 1972)
*9The
Bangladesh Biman Order, 1972 (P.O. No. 126 of 1972)
The Bangladesh Bank Order, 1972
(P.O. No. 127 of 1972)
The Bangladesh Shilpa Rin
Sangstha Order, 1972 (P.O. No. 128 of 1972)
The Bangladesh Shilpa Bank
Order, 1972 (P.O. No. 129 of 1972)
All all Presidential Orders and
other existing law effecting amendments of the above-mentioned Act and
Orders.
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THIRD SCHEDULE
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[Article 148]
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OATHS AND AFFIRMATIONS
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1.
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The President- An oath (or
affirmation) in the following form shall be administered by the 115[Chief
Justice]-
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"I,........................................., do solemnly
swear (or affirm) that I will faithfully discharge the duties of the office
of President of Bangladesh according to law:
That I will bear true faith and
allegiance to Bangladesh:
That I will preserve, protect
and defend the Constitution:
And that I will do right to all
manner of people according to law, without fear or favour, affection or
ill-will"
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The President in the case of performing the functions of
the Chief Adviser.-Oaths (or Affirmations) in the following forms shall be
administered by the Chief Justice-
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(a) Oath (or Affirmation
of office:
"I,
......................do solemnly swear (or Affirm) that I will faithfully
discharge the duties of the office of Chief Adviser of the Non-Party
Care-taker government according to law:
That I will bear true
faith and allegiance to Bangladesh:
That I will Preserve,
protect and defend the Constitution:
And that I will do right
to all manner of people according to law, without fear or favour, affection
or ill-will."
(b) Oath (or
Affirmation) of secrecy:
"I,
.................... do solemnly swear (or Affirm) that I will not directly
or indirectly communicate or reveal to any person any matter which shall be
brought under my consderation or shall become known to me as Chief Adviser
of the Non-Party Care-taker government except as may be required for the
due discharhe of my duty as Chief Adviser."]
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2.
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The 117[Prime Minister
118*
* * * and other Ministers, Ministers of State and Deputy Ministers.-
Oaths (or affirmations) in the following forms shall be administered by the
President-
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(a) Oath (or
affirmation) of office;
"I
........................, do solemnly swear (or Affirm) that I will
faithfully discharge the duties of the office of Prime Minister (or as the
case may be) according to law:
That I will bear true
faith and allegiance to Bangladesh;
That I will Preserve,
protect and defend the Constitution:
And That I will do right
to all manner of people according to law, without fear of favour, affection
or ill-will."
(b) Oath (or
Affirmation) of secrecy;
"I,
........................, do solemnly swear (or affirm) that I will not
directly or indirectly communicate or reveal to any person any matter which
shall be brought under my consideration or shall become known to me as
Prime Minister (or as the case may be) except as may be required for the
due discharge of my duty as Prime Minister (or as the case may be)."
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In Chief Adviser ................................. and
Advisers.- Oaths (or affirmations) in the following forms shall be
administered by the President-
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(a) Oath (or
affirmation) of office:
"I,
.............................................. do solemnly swear (or
affirm) that I will faithfully discharge the duties of the office of the
Chief Adviser (or Adviser) of the Non-Party Care-taker Government,
according to law;
That I will bear true faith
and allegiance to Bangladesh;
That I will preserve,
protect and defend the Constitution;
That I will do tight to
all manner of people according to law, without fear or favour, affection or
ill-will."
(b) Oath (or affirmation
of secrecy;
"I, ...............................................
do solemnly swear (or affirm) that I will not directly or inderectly
connunicate or reveal to any person any matter which shall be brought under
my consideration or shall become known to me as Chief Adviser (or Adviser
of the Non-party Care-taker Government, except as may be required for the
due discharge of my duty as Chief Adviser (or Adviser)."]
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3.
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The Speaker.- An Oath (or
affirmation) in the following form shall be administered by the 119[president]
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"I , ..............., do solemnly swear (or affirm) that I
will faithfully discharge the duties of the Speaker of Parliament and
(whenever I am called upon so to do) of the President, according to law;
That I will bear true faith and allegiance to Bangladesh; That I will
preserve, protect and defend the Constitution; And that I will do right to
all manner of People according to law, without fear or favour, affection or
ill-will."
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4.
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Deputy Speaker.- An oath (or
affirmation) in the following form shall be administered by the 120[President]-
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"I, ....................., do solemnly swear (or affirm)
that I will faithfully discharge the duties or Deputy Speaker or Parliament
and (whenever I am called upon so to do) of the Speaker, according to law:
That I will bear true faith and allegiance to Bangladesh: That I will
preserve, protect and defend the Constitution: And that I will do right to
all manner of people according to law, without fear or favour, affection or
ill-will.
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5.
|
Member of Parliament.- An oath (or
affirmation) in the following form shall be administratered 121*
* * by the Speaker-
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"I, ............................., having been elected a
member of Parliament do solemnly swear (or affirm) that I will faithfully
discharge the duties upon which I am about to enter according to law: That
I will bear true faith and allegiance to Bangladesh: And that I will not
allow my personal interest to influence the discharge of my duties as a
member of Parliament." 122[6. Chief Justice or
Judges.- An oath (or Affirmation) in the following form shall be
administered, in the case of the Chief Justice by the President, and in the
case of a Judge Appointed to a division, by the Chief Justice- "I,
............., having been appointed Chief Justice of Bangladesh (or Judge
of the Appellate/High Court Division of the Supreme Court) do solemnly
swear (or Affirm) that I will faithfully discharge the duties of my office
according to law: That I will bear true faith and allegiance to Bangladesh:
That I will preserve, protect and defend the Constitution and the laws of
Bangladesh: And that I will do right to all manner of people according to
law, without fear of favour, affection or ill-will."]
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7.
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Chief Election Commissioner or Election Commissioner.-
An oath (or Affirmation) in the following from shall be administered by the
123[Chief
Justice]
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"I, ............................, having been appointed
Chief Election Commissioner (or Election Commissioner), do solemnly swear
(or Affirm) that I will faithfully discharge the duties of my office
according to law: That I will bear true faith and allegiance to Bangladesh:
That I will preserve, protect and defend the Constitution: And that I will
not allow my personal interest to influence my official conduct or my
official decisions."
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8.
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Comptroller and Auditor-General.-
An oath (or Affirmation) in the following form shall be administered by the
[Chief Justice]-
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"I, ...................., having been appointed
Comptroller and Auditor-General do solemnly swear (ro affirm) that I will
faithfully discharge the duties of my office according to law: That I will
bear true faith and allegiance to Bangladesh: That I will preserve, protect
and defend the Constitution: And that I will not allow my personal interest
to influence my official conduct or my official decisions."
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9.
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Member of Public Service Commission.-
An oath (or Affirmation) in the following form shall be administered by the
[Chief Justice]-
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"I, ......................., having been appointed
Chairman (or Member) of a Public Service Commission do solemnly swear (or
Affirm) that I will faithfully discharge the duties of my office according
to law: That I will bear true faith and allegiance to Bangladesh: That I
will preserve, protect and defend the Commission: And That I will not allow
my personal interest to influence my official conduct or my official
decisions."
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FOURTH SCHEDULE
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[Article 150]
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TRANSITIONAL AND
TEMPORARY PROVISIONS
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1.
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Dissolution of Constituent Assembly.
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|
Upon the commencement of this Constitution, the Constitution
Assembly, having discharged its responsiblility of framing a Constitution
for the Republic, shall stand dissolved.
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2.
|
First elections.
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|
(1) The First general election of members of Parliament shall
be held as soon as possible after the commencement of this Constitution and
for this purpose the electional rolls prepared under the Bangladesh
Electoral Rolls, order 1972 (P.O. No. 104 of 1972) shall be deemed to be
the electoral rolls prepared in accordance with article 119.
(2) For the purpose of the first
general election of members of Parliament, the delimitation of
constituences made for the purpose of elections to constitute the erstwhile
Provincial Assembly, and published in 1970, shall be deemed to be made
under article 119, and the Election Commission shall, after incorporating
such changes, as it may consider necessary, in the nomenclature of any constituency
or any subdivision of than a included therein, publish, by public
notification, the list of such constituencies:
Provided that provision may be
made by law to give effect to the provision relating to seats women members
referred to in clause (3) of articles 65.
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3.
|
Provisions for maintaining continuity and interim
arrangements.
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(1) All laws made or purported to having been made in the
period between the 26th day of March, 1971 and the commencement of this
Constitution, all powers exercised and all things done during that period,
under authority derived or purported to have been derived from the
Proclamation of Independence or any law, are hereby ratified and confirmed
and are declared to have been duly made, exercised and done according to
law.
(2) Until the day upon which
Parliament first meets pursuant to the provisions of this Constitution, the
executive and legislative powers of the Republic (including the power of
the President, on the advice of the Prime Minister, to legislate by order)
shall notwithstanding the repeal of the Provisional Constitution of
Bangladesh Order, 1972, be exercised in all respects in the manner in
which, immediately before the commencement of the Constitution, they have
been exercised.
(3) Any provision of this
Constitution enabling or requiring Parliament to legislate shall, until the
day upon which Parliament first meets as aforesaid, be construed as
enabling the President of legislate by order, and any order made under this
paragraph shall have effect as if the provisions thereof had been enacted
by Parliament.
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Validation of certain Proclamations, etc.
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[(1) The Proclamations of the 20th August, 1975, and 8th
November, 1975, and Third Proclamation of the 29th November, 1976, and all
other Proclamations and Orders amending or supplementing them, hereinafter
in this paragraph collectively referred to as the said Proclamations and
all Martial Law Regulations, Martial Law Orders and all other laws made
during the period between the 15th day of August, 1975 and the date of
revocation of the said Proclamations and withdrawal of Martial Law (both
days inclusive), hereinafter in this paragraph referred to as the said
period, shall be deemed to have been validly made and shall not be called
in question in or before any Court or Tribunal on any ground whatsoever.
(2) All orders made, act and
things done, and actions and proceedings taken, or purported to have been
made, done or taken, by the President or the Chief Martial Law
Administrator or by any other person or authority during the said period,
in exercise or purported exercise of the powers derived from any of the
said Proclamations or any Martial Law Regulation or Martial Law Order or
any other law, or in execution of or in compliance with any order made or
sentence passed by any Court or authority in the exercise or purported
exercise of such powers, shall be deemed to have been validly made, done or
taken and shall not be called in question in or before any Court, or
Tribunal on any ground whatsoever.
(3) No suit, prosecution or
other legal proceding shall lie in any Court or Tribunal against any person
or authority for or on account of or in respect of any order made, act or
thing done, or action or proceeding taken whether in the exercise or
purported exercise of the powers referred to in sub-paragraph (2) or in
execution of or in compliance with orders made or sentences passed in
exercise or purported exercise of such powers.
(4) All amendments, additions,
modifications, substitutions and omissions made in this Constitution by the
said Proclamations shall have effect as if such amendments, additions,
modifications, substitutions and omissions were made in accordance with,
and in compliance with the requirements of this Constitution.
(5) Upon the revocation of the
said Proclamations and the withdrawal of Martial Law this Constitution
shall, subject to amendments, additions, modifications, substitutions and
omissions as aforesaid, have effect and operate as if it had been in
continuous operation.
(6) The revocation of the said
Proclamations and the withdrawal of Martial Law shall not review or restore
any right or privilege which was not existing at the time of such
revocation and withdrawal.
(7) All laws in force
immediately before the revocation of the said Proclamations and withdrawal
of Martial Law shall, subject to the Proclamation revoking the said
Proclamationa an withdrawing the Martial Law, continue in force until
altered, amended or repealed by the competent authority.
125[(8)
The General Clauses Act, 1897, shall apply to the said Proclamations and
the Martial Law Regulations and Martial Law Orders made during the said
period and also to the revocation of the said Proclamations and the
withdrawal of Martial Law and the repeal of the said Martial Law
Regulations and Martial Law Orders as it applies to, and to the repeal of,
an Act of Parliament as if the said Proclamations and the Proclamation
revoking them and withdrawing the Martial Law and the Marital Law
Regulations and Martial Law Orders were all Acts of Parliament.
(9) In the event of any conflit,
contradiction, discrepancy or inconsistency between the Bengali and the
English text of the Constitution, in so far as it relates to any amendment,
addition, modification, substitution or omission made in any of the texts
or in both the texts by the said Proclamations, the English text shall
prevail.
(10) In this paragraph, 'law'
includes Ordinances, rules, regulations, bye-law, orders, notifications and
other instruments having the force of law.]]
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4.
|
President.
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(1) The person holding office as President of Bangladesh
immediately before the commencement of this Constitution shall hold office
as President, as if elected to that office under this Constitution, until a
person elected as President under article 48 enters upon office:
Provided that the holding of
office under this paragraph shall not be taken into account for the
purposes of clause (2) of article 50.
(2) The persons holding office
as Speaker and Deputy Speaker of the Constitutent Assembly immediately
before the commencement of this Constitution shall, notwithstanding that
Parliament has not yet been constituted, be deemed to hold office
respectively as Speaker and Deputy Speaker until an election to each of
those offices is made under clause (1) of article 74:
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5.
|
Prime Minister and other Ministers.
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The person holding office as Prime Minister, immediately before
the date of the commencement of this Constitution shall until his successor
appointed under article 56 after the first general election held under this
Constitution enters upon office, hold office as Prime Minister as if
appointed to that office under this Constitution, and the persons holding
office as Ministers immediately before that date shall continue to hold
office as Ministers until the Prime Minister otherwise directs, and nothing
in article 56 shall prevent the appointment of other Ministers on the
advice of the Prime Minister.
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6.
|
Judiciary.
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|
(1) The person holding office as Chief Justice immediately
before the date of the Commencement of this Constitution and every person
who then held office as judge of the High Court constituted by the
Provisional Constitution of Bangladesh Order, 1972, shall as from that date
hold office as if appointed under article 95 as Chief Justice or, as the
case may be, as judge.
(2) The persons (other than the
Chief Justice) holding office as judges pursuant to sub-paragraph (1) of
this paragraph shall at the commencement of this Constitution be deemed to
have been appointed to the High Court Division, and appointments to the
Appellate Division shall be made in accordance with article 94.
(3) All legal proceedings
pending in the High Court immediately before the commencement of this
Constitution (other than those referred to in sub-parapraph (4) of this
paragraph) shall be transferred to and be deemed to be pending before the
High Court Division for determination, and any judgement or order of the
High Court delivered or made before the commencement of this Constitution
shall have the same force and effect as if it had been delivered or made by
the High Court Division.
(4) All legal proceedings
pending before the Appellate Division of the High Court immediately before
the commencement of this Constitution shall be transferred to the Appellate
Division for determination and any judgment or order of the former division
delivered or made before the commencement of this Constitution shall have
the same force and effect as if it had been delivered or made by the
Appellate Division.
(5) Subject to the provisions of
this Constitution and of any other law- (a) all original, appellate and
other jurisdiction which was vested in the High Court constituted by the
Provisional Constitution of Bangladesh Order, 1972 (other than jurisdiction
vested in the Appellate Division of that Court) shall from the commencement
of this constitution, vest in an be exercised by the High Court Division;
(b) all civil, criminal and revenue courts and tribunals exercising
jurisdiction and functions immediately before the commencement of this
Constitution shall continue to exercise their respective jurisdictions and
functions, and all persons holding office in such courts and tribunals
shall continue to hold their respective offices. (6) The Provisions of
Chapter II of Part VI (which relate to subordinate courts) shall be
implemented as soon as is practicable, and until such implementation the
matters provided for in that Chapter shall (subject to any the provision
made by law) be regulated in the manner in which they were regulated
immediately before the commencement of this Constitution.
(7) Nothing in this paragraph
shall after the operation of any existing law relating to the abatement of
proceedings.
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Provisions as to existing Judges and pending proceedings.
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(1) The person holding office of Chief Justice of Bangladesh
immediately before the commencement of the Second Proclamation (Seventh
Amendment) Order, 1976 (hereinafter referred to as the said Order), and
every person who then held office as Judge or Additional Judge of the
Appellate Division of the Supreme Court shall as from such commencement
hold office as Chief Justice, Judge or Additional Judge of the Supreme
Court, as the case may be on the same terms and conditions as to
remuneration and other privileges as were applicable to him immediately
before such commencement.
(2) A person holding office as
Judge or Additional Judge of the High Court Division of the Supreme Court
immediately before the commencement of the said Order shall as from such
commencement hold office as Judge or Additional Judge of the High Court as
the case may be, on the same terms and conditions as the remuneration and
other privileges as were applicable to him immediately before such
commencement.
(3) All legal proceedings
pending before the Appellate Division of the Supreme Court immediately
before the commencement of the said Order shall on such commencement stand
transferred to and be denied to be pending before, the Supreme Court for
determination; and any judgment, or order of the Appellate Division of the
Supreme Court delivered or made before such commencement shall have the
same force and effect as if it had been delivered or made by the Supreme
Court.
(4) All legal proceedings
pending before the High Court Division of the Supreme Court immediately
before the commencement of the said Order shall on such commencement stand
transferred to, and be deemed to be pending before, the Supreme court for
determination; and any judgement or order of the High Court Division
delivered or made before such commencement shall have the same force and
effect as if had been delivered or made by the High Court.
(5) Subject to the other
provisions of this Constitution, the Supreme Court shall have the same
functions, jurisdiction and powers as were, immediately before the
commencement of the said Order, exercisable by the Appellate Division of
the Supreme Court, and references in any law, legal instrument or other
documents to the Appellate Division of the Supreme Court shall, unless the
context otherwise requires, be construed as references to the Supreme
Court.
(6) Subject to the other
provisions of this Constitution, the High Court shall have the same
functions, jurisdiction and powers as were, immediately before the
commencement of the said Order, exercisable by the High Court Division of
the Supreme Court, and references in any law, legal instrument or other
document to the High Court Division of the Supreme Court shall, unless the
context otherwise requires, be construed as references to the High Court.]
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Provisions as to Judges of the Supreme Court and High
Court existing before the Second Proclamation Order No. 1 of 1977
proceedings pending before commencement of that Order, etc.-
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(1) A person holding office as Chief Justice or Judge or
Additional Judge of the Supreme Court of Chief Justice or Judge or
Additional Judge of the High Court immediately before the Commencement of
the Second Proclamation (Tenth Amendment) Order, 1977 (hereinafter referred
to as the said Order), shall , if he has attained the age of sixty-two
years on the date of such commencement, stand retired on that date.
(2) A person holding office as
Chief Justice or Judge or Additional Judge of the Supreme Court immediately
before the commencement of the said Order shall, if he has not attained the
age of sixty-two years on the date of such commencement, as from such
commencement hold office as Chief Justice of Bangladesh or Judge or
Additional Judge of the Appellate Division as the case may be, on the same
terms and conditions as to remuneration and other privileges as were
applicable to him immediately before such commencement.
(3) The person holding office as
Chief Justice of the High Court immediately before the commencement of the
said Order shall, if he has not attained the age of sixty-two years on the
date of such commencement, as from such commencement hold office as Judge
of the High Court Division on the same terms and conditions as to
remuneration and other privileges as were applicable to him immediately
before such commencement.
(4) A person holding office as
Judge or Additional Judge of the High Court immediately before the
commencement of the said Order shall, if he has not attained the age of
sixty-two years on the date of such commencement, as from such commencement
hold office as Judge or Additional Judge of the High Court Division, as the
case may be, on the same terms and conditions as to remuneration and other
privileges as were applicable to him immediately before such commencement.
(5) All legal proceedings
pending before the Supreme Court immediately before the commencement of the
said Order shall on such commencement stand transferred to, and be deemed
to be pending before, the Appellate Division for determination; and any
judgment or order of the Supreme Court delivered or made before such
commencement shall have the same force and effect as if it had been
delivered or made by the Appellate Division.
(6) All legal proceedings
pending before the High Court immediately before the commencement of the
said Order shall on such commencement stand transferred to, and be deemed
to be pending before, the High Court Division for determination; and any
judgment or order of the High Court delivered or made before such
commencement shall have the same force and effect as if it had been
delivered or made by the High Court Division.
(7) Subject to the other
provisions of this Constitution, the Appellate Division shall have the same
functions, jurisdiction and powers as were, immediately before the
commencement of the said Order, exercisable by the Supreme Court, and
references in any law, legal instrument or other document to the Supreme
Court shall, unless the context otherwise requires, be construed as
references to the Appellate Division.
(8) Subject to the other
provisions of this Constitution, the High Court Division shall have the
same functions, jurisdiction and powers as were, immediately before the
commencement of this said Order, exercisable by the High Court, and
references in any law, legal instrument or other document to the High Court
shall, unless the context otherwise requires, be construed as references to
the High Court Division.
(9) The person holding office as
Advocate-General immediately before the commencement of the said Order
shall on such commencement cease to hold office.]
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7.
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Interim rights of appeal.
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An Appeal to the Appellate Division of the Supreme Court shall
lie, notwithstanding any limitation as to time, against any judgment,
decree, order or sentence delivered, issued or pronounced since the 1st day
of March, 1971 by any High Court of Bangladesh (Amendment) Order, 1972
(P.O. No. 91 of 1972 functioning in the territory of Bangladesh:
Provided that article 103 shall
apply in respect of any such appeal as it applies in respect of appeals
from the High Court Division:
Provided further that no appeal
under this article shall be lodged after the expiration of the period of
ninety days from the commencement of this Constitution.
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8.
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Election Commission.
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(1) The Election Commission existing immediately before the
date of commencement of this Constitution, shall, as from that date be
deemed to be the Election Commission established by this Constitution.
(2) The person holding office as
Chief Election Commissioner, and every person holding office as Election
Commissioner, immediately before the date of the commencement of this
Constitution, shall, as from that date, hold office as if appointed to such
office under this Constitution.
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9.
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Public Service Commission.
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(1) The public service commissions existing immediately before
the date of the commencement of this Constitution, shall as from that date,
be deemed to be public service commissions established under this
Constitution.
(2) Every person holding office
as chairman or other member of a public service commission immediately
before the date of the commencement of this Constitution, shall, as from
that date hold office as if appointed to that office under Constitution.
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10.
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Public service.
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(1) Subject to this
Constitution and to any other law-
(a) any person who
immediately before the commencement of this Constitution was in the service
of the Republic shall continue in that service on the same terms and
conditions as were applicable to him immediately before such commencement;
(b) all authorities and
all officers, judicial, executive and ministerial throughout Bangladesh
exercising functions immediately before the commencement of this
Constitution, shall, as from such commencement, continue to exercise their
respective functions.
(2) Nothing in
sub-paragraph (1) of this paragraph shall-
(a) derogate from the
continued operation of the Government of Bangladesh (Services) Order, 1972
(P.O. No. 9 of 1972), or the Government of Bangladesh (Services Screening)
Order, 1972 (P.O. No. 67 of 1972);
(b) prevent the making
of any law varying or revoking the conditions of service (including
remuneration, leave, person rights and rights relating to disciplinary
matters) of persons employed at any time before the commencement of this
Constitution or of person continuing in the service of the Republic under
the provisions of the paragraph.
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11.
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Oaths for continuance in office.
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Any person who, under this Schedule, is continued in an office
in respect of which a form of oath or affirmation is set out in the Third
Schedule shall, as soon as practicable after the commencement of this
Constitution, make and subscribe before the appropriate person an oath or
affirmation in that form.
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13.
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Taxation.
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All taxes and fees imposed under any law in force in Bangladesh
immediately before the commencement of this Constitution shall continue to
be imposed but may be varied or abolished by law.
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14.
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Interim financial arrangements.
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Unless Parliament otherwise resolves, the Provisions of
articles 87, 89, 90 and 91 of this Constitution shall not have effect in
respect of the financial year current at the commencement of this
Constitution, and expenditure defrayed during that year out of the
Consolidated Fund or the Public Account of the Republic shall be deemed to
have been validly incurred:
Provided that the President
shall, as soon as is practicable, cause a statement of all such
expenditure, authenticated by his signature, to be laid before Parliament.
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15.
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Audit of past accounts.
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The powers of the Comptroller and Auditor-General under this
Constitution shall apply in respect of all accounts relating to the
financial year current at the commencement of this condition and to earlier
years and the reports of the Comptroller and Auditor-General relating to
such accounts shall be submitted to the President who shall cause them to
be laid before Parliament. Audit of Past Accounts.
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16.
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Property, assets, rights, liabilities and obligations of
the Government.
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(1) All property, assets and rights which immediately before
the commencement of this Constitution were vested in the Government of the
People's Republic of Bangladesh or any person or authority on its behalf
shall vest in the Republic.
(2) All liabilities and
obligations of the Government of the Republic as they existed immediately
before the commencement of this Constitution shall continue to be the
liabilities and obligations of the Republic.
(3) No liability or obligation
of any other government which at any time functioned in the territory of
Bangladesh is or shall be a liability or obligation of the Republic unless
it is expressly accepted by the Government of the Republic.
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17.
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Adaptation of laws and removal of difficulties.
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(1) For the purpose of bringing the provisions of any law in
force in Bangladesh into conformity with this Constitution the President
may, within the period of two years from the commencement of this
Constitution, by order, amend or suspend the operation of such provisions
and any order so made may have retrospective effect. Adaptation of laws and
removal of difficulties.
(2) The President may, for the
purpose of removing any difficulties in relation to the transition from the
provisional constitutional arrangements existing before the commencement of
this Constitution to the arrangements under this Constitution by order,
direct that this Constitution shall, during such period as may be specified
in the order, have effect subject to such adaptations, whether by way of
modification, addition or omission, as he may deem necessary or expedient:
Provided that no such order
shall be made after the first meeting of the Parliament constituted under
this Constitution.
(3) Every order made under this
paragraph shall have effect notwithstanding any other provision of this
Constitution, shall be laid before Parliament, and may be amended or
revoked by Act of Parliament.
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Ratification and confirmation of Proclamations, etc.
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All Proclamations, Proclamation Orders, Marital Law
Regulations, Martial Law Orders and other laws made during the period
between the 15th August, 1975, and the 9th April, 1979 (both days
inclusive), all amendments, additions, modifications, substitutions and
omissions made in this Constitution during the said period by any such
Proclamation, all orders made, acts and things done, and actions and
proceedings taken, or purported to have been made, done or taken, by any
person or authority during the said period in exercise of the powers
derived or purported to have been derived from any such Proclamation,
Martial Law Regulation, Marital Law Order or any other law, or in execution
of or in compliance with any order made or sentence passed by any court,
tribunal or authority in the exercise or purported exercise of such powers,
are hereby ratified and confirmed and are declared to have been validly
made, done or taken and shall not be called in question in or before any
court, tribunal or authority on any ground whatsoever.
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Ratification and confirmation of the Proclamation of the
24th March, 1982, etc.
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(1) The Proclamation of the 24th March, 1982 hereinafter in
this paragraph referred to as the said Proclamation, and all other
Proclamations, Procal-mation Order, Chief Marital Law Administrator's
Orders, Martial Law Regulations, Martial Law Orders, Martial Law
Instructions, Ordinances and all other laws made during the period between
the 24th March, 1982, and the date of commencement of the Constitution
(Seventh Amendment) Act, 1986 (Act 1 of 1986) (both days inclusive),
hereinafter in this paragraph referred to as the said period, are hereby
retified and confirmed and declared to have been validly made and shall not
be called in question in or before any court, tribunal or authority on any
ground whatsoever.
(2) All orders made, acts and
things done, and actions and proceedings taken, or purported to have been
made, done or taken, by the President or the Chief Martial Law
Administrator or by any other person or authority during the said period,
in exercise or purported exercise of the powers derived from the said
Proclamation or from any other Proclamation, Proclamation Order, Chief
martial Law Administrator's Order, Martial Law Regulation, Martial Law
Order, Martial Law Instruction, Ordinance or any other Law, or in execution
of or in compliance with any order made or sentence passed by any court,
tribunal or authority in the exercise or purported exercise of such powers,
shall be deemed to have been validly made, done or taken and shall not be
called in question in or before any court, tribunal or authority on any
ground whatsoever.
(3) No suit, prosecution or
other legal proceedings shall lie in any court or tribunal against any
person or authority for or on account of or in respect of any order made,
act or thing done, or action or proceedings taken whether in the exercise
or purported exercise of the powers referred to in sub-paragraph (2) or in
exercise or purported exercise or such powers.
(4) All appointments made during
the said period to any office mentioned in the Third Schedule shall be
deemed to have been validly made and shall not be called in question in or
before any court, tribunal or authority on any ground whatsoever, and any
person appointed under this said Proclamation to any such office during the
said period and holding such office immediately before the date of
commencement of the Constitution (Seventh Amendment) Act, 1986 (Act I of
1986), hereinafter in this paragraph referred to as the said Act shall, as
from that date hold such office as if appointed to that office under this
Constitution; and shall, as soon as practicable after that date, make and
subscribe before the appropriate person and oath or affirmation in the form
set out in the Third Schedule.
(5) All appointments made by the
Chief Martial law Administrator during the said period to any office or
post which is continuing after the date of commencement of the said Act
shall, as from that date, be deemed to be appointments made by the
President.
(6) All Ordinances and other
laws in force immediately before the date of commencement of the said Act
shall, subject to the Proclamation revoking the said Proclamation and
withdrawing the Martial Law, continue in force until altered, amended or
repealed by competent authority.
(7) Upon the revocation of the
said Proclamation and withdrawal of martial Law, this Constitution shall
stand fully revived and restored and shall, subject to the provisions of
this paragraph, have effect and operate as if it had never been suspended.
(8) The revocation of the said
Proclamation and withdrawal of Martial Law shall not revive or restore any
right or privilege which was not existing at the time of such revocation
and withdrawal.
(9) The General Clauses Act,
1987, shall apply to the said Proclamation, and all other Proclamations,
Proclamation Orders, Chief Martial Law Administrator's Orders, Martial Law
Regulations, Martial Law orders and Martial Law instructions made during
the said period and also to the revocation of the said Proclamation and
other Proclamations and the repeal of the said Proclamation Orders, Chief
Martial Law Administrator's Order, Martial Law Regulations, Martial Law
Orders and Martial Law Instructions as it applies to, and to the repeal of,
an Act of Parliamation Orders, Chief Martial Law Administrator's Orders,
Martial Law Regulations, Martial Law Orders and Martial Law Instructions
and the Proclamation revoking the said Proclamation were all Acts of
Parliament.
(10) In this paragraph,
"law" includes rules, regulations, bye-laws, orders,
notifications and other instruments having the force of law]
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Ratification and confirmation of the appointment of
Vice-President, etc.
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(1) The appointment of, and the administration of oath to the
Chief Justice of Bangladesh as Vice-President on the 21st day of Agrahayan,
1397 B.S. corresponding to the 6th day of December, 1990 and the
resignation tendered to him by the then President and all powers exercised,
all laws and Ordinances made and all orders made, acts and things done, and
actions taken, or purported to have been made, done or taken by the said
Vice-President acting as President during the period between the 21st day
of Agrahayan, 1397 B.S. corresponding to the 6th day of December, 1990 and
the date of commencement of the Constitution (Eleventh Amendment) Act, 1991
(Act No. XXIV of 1991) (both days inclusive) or till the new President
elected under article 48(I) of the Constitution has entered upon his office
(whichever is later), are hereby ratified and connfirmed and declared to
have been validly made, administered, tendered, exercised, done and taken
according to law.
(2) The said Vice-President
shall, after the commencement of the Constitution (Eleventh Amendment) Act,
1991 (Act No. XXIV of 1991), and after the new President elected under this
Constitution has entered upon his office, be eligible to resume the duties
and responsibilities of the Chief Justice of Bangladesh and the period
between the 21st day of Agrahayan, 1397 B.S. corresponding to the 6th day
of December, 1990 and the date of which he resumes such duties and
responsibilities shall be deemed to be the period of actual service within
the meaning of section 2(a) of the Supreme Court Judges (Leave, Pension and
Privileges) Ordinance, 1982 (Ordinance No. XX of 1982)].
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Notwithstanding anything contained in the Constitution,
the Parliament functioning immediately before the commencement of the
Constitution functioning immediately before the commencement of the
Constitution (Twelfth Amendment) Act, 1991 (Act No. XXVIII of 1991) shall
be deemed to have been duly elected and constituted in accordance with the
Constitution and Law and shall continue to function under the provisions of
article 72 of the Constitution.]
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23.
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Temporary special provision regarding women members in
the Parliament.
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(1) For the residual period of the Parliament in existence at
the time of the commencement of the Constitution (Fourteenth Amendment)
Act, 2004, there shall be reserved forty five seats exclusively for women
members and they will be elected by the members of the Parliament in
accordance with law on the basis of procedure of proportional
representation in the Parliament through single transferable vote.
(2) During the period mentioned
in sub-paragraph (1), the Parliament shall consist of the three hundred members
mentioned in clause (2) of article 65 and the forty five women members
mentioned in sub-paragraph (1) of this paragraph.
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