UPDATE: A Research Guide to the Legal System of the Peoples’ Republic of Bangladesh
By Omar Sial and Md. Ershadul Karim
Omar Sial is a partner in the Karachi based law firm of Omar Sial & Associates. Md. Ershadul Karim is a non-practicing lawyer of Bangladesh Supreme Court and currently the Editor of Chancery Law Chronicles., the first Bangladesh Online Case Law Database .
Published June 2010
Table of Contents
1. Background
2. Location
3. Constitution
4. Constitutional Status of Islamic Law
5. Government
6. Parliament
7.1. The Supreme Court of Bangladesh
7.2. Legal and Judicial Capacity Building
7.3. The Subordinate Courts and Tribunals
7.4. Civil Courts
7.5. Criminal Courts
9. Law Reports
9.1. Law Commission - Bangladesh
10. Arbitration Law in Bangladesh
11. Legal Research
13. Country Guides
14. Business Guides
Bangladesh is officially known as the Peoples’ Republic of Bangladesh [Article 1, the Constitution of the People’s Republic of Bangladesh]. Provincial leaders declared their independence on March 26, 1971 under the name Bangladesh, meaning country of Bengali nation. Bangladesh seceded from Pakistan on December 16, 1971, when Pakistani troops in East Pakistan surrendered to a joint command of Bangladesh and India, which had intervened in the civil war in support of Bangladesh.
Bangladesh lies in the northeastern part of the Indian subcontinent – which is located in southern Asia; it was created out of the former Pakistani province of East Pakistan. The country consists mainly of the deltaic plains of the Ganges and Brahamaputra rivers and a portion of the hill country bordering Burma and northeastern India, except for a short frontier with Burma in the southeast and a coastline along the Bay of Bengal in the south. Bangladesh has an area of 55, 598 square miles (143, 998 sq. km). It is one of the most densely populated areas in the world. Dacca (or Dhaka) is the national capital and the largest city.
The Constitution was adopted on November 4, 1972 and has undergone fourteen amendments. President Ziaur Rahman amended the Constitution in 1977 to remove the principle of secularism that had been enshrined in Part II: Fundamental State Policy, replacing it with "absolute trust and faith in Almighty Allah." The Eighth Amendment of 1988 inserted Article 2A, affirms that, "[t]he state religion of the Republic is Islam, but other religions may be practiced in peace and harmony in the republic."
Women’s rights and the principles of gender equality come under the Fundamental Principles of State Policy and are protected by Article 10 on the participation of women in national life as well as in Articles 26 to 29 of the section on Fundamental Rights, affirming equality of all citizens before the law. Rights of minority groups have been protected by Article 41, which reiterates that religions may be practiced in peace and harmony (subject to law, public order and morality).
For more information, read here: the constitution and the law .
4. Constitutional Status of Islamic Law
Bangladesh adopted the Muslim Personal Law (Shariat) Application Act, 1937 (XXVI of 1937) which provides for the application of Muslim Personal Law in all matters relating to Muslim Family Affairs. A reference may be made to the case of Hefzur Rahman Vs Shamsun Nahar Begum, 51 DLR (AD) 172, in which a question of maintenance of a divorced Muslim woman was decided by the Appellate Division of the Supreme Court of Bangladesh. Justice Mustafa Kamal (then a Judge of the Appellate Division) has quoted, in his judgment, section 2 of the Muslim Personal Law (Shariat) Application Act, 1937, which is as follows:
“2. Application of Personal Law to Muslims.- Notwithstanding any custom or usage to the contrary, in all questions (save questions relating to agricultural land) regarding intestate succession, special property of females, including personal property inherited or obtained under contract or gift or any other provision of Personal Law, marriage, dissolution of marriage, including talaq, ila, zihar, lian, khula and mubara’at, maintenance, dower, guardianship, gifts, trusts and trust properties, and wakfs (other than charities and charitable institutions and charitable and religious endowments) the rule of decision in cases where the parties are Muslims shall be the Muslim Personal Law (Shariat).”
In this case, mention has been made of Article 8 (1) of the Constitution which says that, “[t]he principles of absolute trust and faith in the Almighty Allah… shall constitute the fundamental principles of state policy,” and of Article 8 (1A) of the Constitution which says that, “absolute trust and faith in the Almighty Allah shall be the basis of all actions” (page 194, paras 92 and 93). From the above quoted provision of Act XXVI of 1937, supported by the provisions of the Constitution, it can be said that Muslim personal law is an eternal law prevailing as the only law for all Muslim Family Affairs. Hence, there cannot be any change in it nor can it be amalgamated with any other personal law of any other religion.
While the Constitution establishes Islam as the state religion, it provides for the right to practice -subject to law, public order, and morality - the religion of one's choice. While the Government generally respects this provision in practice, religion exerts a powerful influence on politics, and the Government is sensitive to the Muslim consciousness of its political allies and the majority of its citizens. Citizens generally are free to practice the religion of their choice; however, police are normally ineffective in upholding law and order and are often slow to assist members of religious minorities who have been victims of crimes. Although the Government states that acts of violence against members of religious minority groups are politically or economically motivated and cannot be solely attributed to religion, human rights activists reported an increase in religiously motivated violence.
The President, while the Head of State (article 48(2),the Bangladesh Constitution, 1972), holds a largely ceremonial post of appointing the Prime Minister and the Chief Justice (articles 56 and 95, the Bangladesh Constitution, 1972); the real power is held by the Prime Minister, who is the Head of Government. The President is elected by the legislature (Members of Parliament) for 5 years (Articles 48(1) and 50, the Bangladesh Constitution, 1972). The President's circumscribed powers are substantially expanded during the tenure of a Caretaker Government. Under the 13th Amendment, which the Parliament passed in March 1996, a Caretaker Government assumes power temporarily to oversee general elections after dissolution of the Parliament. In the Caretaker Government, the President has control over the Ministry of Defense, the authority to declare a state of emergency, and the power to dismiss the Chief Adviser and other members of the Caretaker Government. Once elections have been held and a new government and Parliament are in place, the President's powers and position revert to their largely ceremonial role. The Chief Adviser and other advisers to the Caretaker Government must be appointed within 15 days from the day the current Parliament expires.
The Prime Minister is appointed by the president. The Prime Minister must be a Member of Parliament (MP) whom the President feels commands the confidence of the majority of other MPs (Article 56 (3), the Bangladesh Constitution, 1972). The Cabinet is composed of Ministers selected by the Prime Minister and appointed by the President. At least 90% of the Ministers must be MPs. The other 10% may be non-MP experts, or "technocrats", who are not otherwise disqualified from being elected MPs. According to the Constitution, the president can dissolve the Parliament upon the written request of the Prime Minister (Article 57 (2), the Bangladesh Constitution, 1972).
For more information, read here.
For more information on the Chief Adviser’s Office, read here.
6. Parliament-the House of the Nation, the Jatiya Sangsad
The legislature is a unicameral, 300-seat body. All of its members are elected by universal suffrage at least every five years. Parliament amended the Constitution in May 2004, making a provision for adding 45 seats reserved for women and to be distributed among political parties in proportion to their numerical strength in Parliament. The then Opposition Awami League did not take its share of the reserved seats, arguing that they did not support the indirect election or nomination of women to fill these seats. Several women's groups also demanded direct election to fill the reserved seats for women.
All citizens of Bangladesh of and above the age of 18, who have registered themselves as voters, form the electorate. Each constituency elects one Member of Parliament on the basis of direct election. All citizens of Bangladesh having who attained the age of 25 qualify to be elected to Parliament. Those disqualified include the insane, un-discharged bankrupts, persons who on conviction for a criminal offence involving moral turpitude who have been sentenced to imprisonment for not less than two years unless five years have elapsed since their release, persons owing allegiance to a foreign state, and persons holding an office of profit in the service of the Republic. (Article 122, the Bangladesh Constitution, 1972).
A general election for a new Parliament takes place on the same day in all constituencies. Depending on the size of a constituency and its total number of voters, a number of polling centres are set up with arrangements for voters to exercise their franchise freely, peacefully and in secrecy. Polling officials in each centre - in the presence of candidates or their nominees - count votes. The result is sent to the Returning Officer in sealed covers together with ballot papers. The Returning Officer, generally the Deputy Commissioner of the district, communicates the result of each constituency to the Election Commission after he has compiled the results in the presence of the candidates or their authorised representatives. Unofficial results start being announced in the state radio and television from the evening of the Election Day. The Election Commission declares the result of the general election formally a few days later through the publication of the names of winning candidates in the official Bangladesh Gazette. Members-elect are administered an oath of office by the outgoing Speaker.
For more detail, read here.
For more detail on important legislations, read here.
7. Legal System of Bangladesh:
The legal system of Bangladesh is based on a common law system. However, unlike other common law jurisdictions, Bangladesh’s Supreme Court has the power to not only interpret laws made by the Parliament, but to also declare them null and void and to enforce fundamental rights of the citizens. Although founded on the English common law system, the laws of Bangladesh take a statutory form, which are enacted by the legislature and interpreted by the higher Courts.
The word ‘law’ has been defined in Article 152 of the Bangladesh Constitution. It says that “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;
Article 111 of the Bangladesh Constitution provides that 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.
There are strong legal obligations for the codification, translation and publication of laws. For example, Section 6 of the Bangladesh Laws (Revision and Declaration) Act, 1973 (Act no. VIII of 1973), provides that, "all Acts of Parliament, Ordinances and President's Order in force in Bangladesh shall be printed in chronological order under the name and style of Bangladesh Code."
The emergence of Bangladesh as an independent, sovereign country called for necessary amendments, adaptations and the repeal of certain laws as well as the enactment of new laws and translation of laws into Bangla version to meet the changed and changing political, social and economic needs of the new country. Commensurate with this requirement, the Ministry of Law, Justice and Parliamentary Affairs started examining the existing laws for adaptation, codification and publication for said purposes. Accordingly, Bangladesh Code, Volumes I-XI were published containing the laws enacted during 1836 to 1938. But due to a lack of proper leadership, manpower, and sound organizational support, the process had proceeded no further. As a result, laws enacted after 1938 were kept scattered and unattended to, which used to create unbearable suffering to all people having interest in Bangladesh laws including lawyers, judges, students of laws, journalist and so on. Fortunately, during the last political government led by BNP (2001-2007), with the support of the Canadian International Development Agency (CIDA), the Ministry of Law, Justice and Parliamentary Affairs started the codification of Bangladesh Code, which saw the light of the day during the Caretaker Government led by Dr. Fokruddin Ahmed. This is undoubtedly a giant initiative in the legal history of Bangladesh. However, as of yet, no effective steps have been taken to update and compile rules, regulations, by-laws, regulations, notifications, statutory orders, etc.
Pertinent to mention here that though Bengali is the State language of Bangladesh, till 1987 all laws were enacted in English and hence most of the educated people who are non-familiar with the technical legal terms remain ignorant of the provisions of law, let alone the position of illiterate people. In 1987, by the enactment of the Bangla Bhasha Procholon Ain, 1987 (Act No. 2 of 1987) [The Introduction to Bengali Language Act, 1987], it was provided that from now on; all laws shall be enacted in Bengali. As a result, from then on, maximum laws have been enacted in Bengali with some exceptions where English authoritative translations of laws are also made by the Drafting Wing of the Ministry of Law, Justice and Parliamentary Affairs. Very recently, the present Government, with the help of United Nations Development Program (UNDP) started under its Access to Justice Project the translation of Bangladesh Code i.e. once this Project is successfully completed all laws of the land shall be bi-lingual and can be available in both Bengali and English.
For more details, see, the Bangladesh Code here.
7.1. The Supreme Court of Bangladesh
The Judiciary of Bangladesh consists of a Supreme Court, Subordinate Courts and Tribunals. The Supreme Court of Bangladesh is comprised of the Appellate Division and the High Court Division. It is the apex Court of the country; other Courts and Tribunals are subordinate to it.
The Appellate Division, the highest Court of Appeal, has jurisdiction to hear and determine appeals from judgments, decrees, orders or sentences of the High Court Division, review its own judgments and orders. It has rule making power for regulating the practice and procedure of each Division and of any Court subordinate to it.
The High Court Division, though a Division of the Supreme Court, is, for all practical purposes, an independent Court with its powers, functions and jurisdictions well defined and determined under the Constitution and different laws. It has both appellate as well as original jurisdiction. It hears appeals from orders, decrees, and judgments of subordinate Courts and Tribunals. It has original jurisdiction to hear Writ Applications under article 102 of the Constitution, which is known as extra ordinary constitutional jurisdiction. It has further original jurisdiction, inter alia, in respect to company and admiralty matters under statutes. The High Court Division, in special circumstances, also has powers and jurisdiction to hear and dispose of cases under article 110 of the Constitution. The High Court Division shall have superintendence and control over all Courts and Tribunals subordinate to it.
For more information, read here.
For details on History of Supreme Court of Bangladesh, read here.
7.2. Legal and Judicial Capacity Building Project
The Ministry undertook a development project called the Legal and Judicial Capacity Building Project. The total estimated cost of the project was Tk.228.75 crores. The project was financed by the World Bank, Canadian International Development Agency (CIDA), Danish International Development Agency (DANIDA) and the Government's own resources. The project period was fixed until December 2006. The project was designed to address two broad, critical areas and issues - namely: Legal Capacity Building and Judicial Capacity Building, detailed further below.
For more information, read here.
7.3. The Subordinate Courts and Tribunals
There are a wide variety of subordinate Courts and tribunals. Such Courts and tribunals are the products of statutes. Their powers, functions and jurisdictions are also determined by their respective statutes. These are the basic Courts in the system of the judiciary of Bangladesh. The major bulk of the cases, both Civil and Criminal, are tried and heard in such Courts and tribunals. Certain tribunals are termed as administrative tribunals. Such Courts and tribunals are spread all over the country at the district levels. The subordinate Courts in Bangladesh can be divided into two broad classes, namely: Civil Courts and Criminal Courts.
The Civil Court system is more popularly known as the subordinate judiciary. The Civil Courts are created under the Civil Courts Act of 1887.
Section 3 of the Civil Courts Act, 1887 provides that there shall be following classes of Civil Courts, namely:
(a) the Court of the District Judge;
(b) the Court of the Additional District Judge;
(c) the Court of the Joint District Judge;
(d) the Court of the Senior Assistant Judge; and
(e) the Court of the Assistant Judge.
The lowest three are Courts of first instance with powers, functions and jurisdictions in respect to subject matter, territory and pecuniary value determined by or under statutes. The remaining two are generally courts of Appeal in Civil matters, though the Court of District Judge is, to very limited extent, a Court of first instance.
Section 6 of the Code of Criminal Procedure, 1898 (V of 1898) provides that-
Besides the Supreme Court and the Courts constituted under any law for the time being in force, other than this Code, there shall be two classes of Criminal Courts in Bangladesh, namely:-
(a) Courts of Sessions; and
(b) Courts of Magistrates
The Section further says that there shall be two classes of Magistrate, namely: -
(a) Judicial Magistrate, and
(b) Executive Magistrate
The judicial Magistrates are classified into four classes, namely:
(a) Chief Metropolitan Magistrate
in Metropolitan Area and Chief judicial Magistrate to other areas;
(b) Magistrate of the first class, who shall in Metropolitan Area, be known as
Metropolitan Magistrate;
(c) Magistrate of the second class; and
(d) Magistrate of the third class.
It is pertinent to mention here that the word “Chief Metropolitan
Magistrate" and "Chief judicial Magistrate" shall include
"Additional Chief Metropolitan Magistrate" and "Additional Chief
judicial Magistrate" respectively.
Published by Bangladesh Institute of Law and International Affairs (BILIA).
For more information, read here.
9. Law Reports
Article 111 of the Bangladesh Constitution, 1972 provides that 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. The Supreme Court declares the law by way of judgment, order and decisions, etc. These judgments, order and decisions are reported in different law reports. Therefore, these law reports play an important role in the study of law, legal research, legal practices, etc.
In Bangladesh, the law reports are published according to the provisions of the Law Reports Act, 1875. There are at least seven printed law reports now in Bangladesh, the most popular one is the Dhaka Law Reports (popularly known as DLR) which started its publication in 1948. Bangladesh Legal Decisions (BLD) is published under the authority of the Bangladesh Bar Council. The other law reports are Bangladesh Law Chronicles, Law Guardian, the Lawyers (Appellate Division Cases/ ADC), Bangladesh Law Times, and the Mainstream Law Reports. Even after the establishment of the Supreme Court of Bangladesh in 1972, a law report was published for a few years under the supervision of the Supreme Court. But that did not continue for long. These Law Reports basically contain the judgments, orders and decisions of the Supreme Court of Bangladesh with some articles and statutes.
For the last three and half years, Chancery Research and Consultants Trust (CRC-Trust), a socio-legal consulting group has been maintaining the first Bangladesh Online Case Law Database, the Chancery Law Chronicles in their website. Exciting features of the website include judgments of the Appellate Division of the Supreme Court of Bangladesh, legal dictionary (both judicial and legislative), explanation of Latin terms and phrases, abbreviations, directory of various categories of government and private organizations and firms, Law Journal, up-to-date information on scholarships and career opportunities, blog, chat room and forum for subscribers, delegated legislation, newly enacted Laws, policies of the Government of Bangladesh, various official and legal forms, etc.
9.1. Bangladesh Gazette
Bangladesh Government Press - widely known as BG Press - is the lying-in house of government publications, forms, classified materials, budget reports, bills, acts, ordinances, resolution leaflets, and posters. From synchronizing with the geo-political change and rearrangements that came on the map of this area, BG Press has achieved its present infrastructure, manpower, technology back-up and product range. One may find here articles related to the Bangladesh Government’s Act and Ordinance:
Emergency Law
Mobile Court Ordinance
Judicial Separation
Code of Criminal Procedure
Bangladeshi Legal Information Institute
The above provides a comprehensive, searchable database of Bangladesh Laws and Judgments.
The Heidelberg Bangladesh Law Translation Project
This site contains the English translation of laws published in Bangla. However, the translation of laws cannot be considered as a legal translation rather from the reading of the laws it appears that the translation was done by people who do not have sufficient knowledge of legal translation and legal drafting.
9.1. Bangladesh Law Commission
The law of the land in a dynamic society requires that it be constantly reviewed by an authority, which is manned by persons possessing an adequate and thorough knowledge of law and the society in which it operates. Reflecting this, different countries at different times felt the need to establish a law reform agency; Law Commissions have been set up to fulfill this need. In 1996, by the enactment of the Law Commission Act, the Law Commission in Bangladesh came about in just such a historic process.
For more information, read here.
To access Bangladesh Law Commission reports, read here.
10. Arbitration Law in Bangladesh
Bangladesh has repealed both the Arbitration (Protocol and Convention) Act of 1937 and the Arbitration Act of 1940, and has enacted a new arbitration law, "The Arbitration Act, 2001," (the Act) principally based on the UNCITRAL Model Law in International Commercial Arbitration (1985). The new arbitration law consolidates the domestic and international arbitration regime in Bangladesh.
The Act provides that an arbitral tribunal may rule on its own jurisdiction, unless otherwise agreed by the parties in terms of the following questions: (a) whether there is a valid arbitration agreement; (b) whether the arbitral tribunal is properly constituted; (c) whether the arbitration agreement is against public policy; (d) whether the arbitration agreement is capable of being performed, and (e) what matters have been submitted to arbitration in accordance with the arbitration agreement.
Chapter VI, entitled "Conduct of the Proceedings," provides in Article 24 that the arbitral tribunal shall not be bound by the Code of Civil procedure and the Evidence Act of Bangladesh, and that the arbitral tribunal shall follow the procedure to be agreed on by the parties. In terms of setting aside arbitration awards, Chapter VIII of the Act, entitled "Recourse against arbitral awards" is similar to Chapter VII, Article 34 of the UNCITRAL Model Rules. It also provides that Bangladesh courts may set aside awards if they are satisfied that (i) the subject matter of the dispute is not capable of settlement by the arbitration under the law for the time being in force in Bangladesh; (ii) if the arbitral award is prima facie opposed to the law for the time being in force in Bangladesh; (iii) the arbitral award is in conflict with the public policy of Bangladesh or (iv) the arbitral award is induced or affected by fraud or corruption.
For more information, read here.
Read the Report of the Law Commission of Bangladesh on the Arbitration Act, 2001, here.
The following website(s) on Bangladeshi Laws may be of help to a legal researcher:
Comprehensive, searchable database of Bangladesh Laws and Judgments. Exciting features of the website include judgments of the Appellate Division of the Supreme Court of Bangladesh, legal dictionary (both judicial and legislative), explanation of Latin terms and phrases, abbreviations, directory of various categories of government and private organizations and firms, Law Journal, up-to-date information on scholarships and career opportunities, blog, chat room and forum for subscribers, delegated legislation, newly enacted Laws, policies of the Government of Bangladesh, various official and legal forms, etc.
A free, online bibliographic database, which can be searched or browsed by country or legal subject, of books, chapters in books, journal articles and theses that discuss the role, practice and place of law within Asian legal systems. A document delivery service is available as are links to websites for each country and legal area (Asian Law Centre, University of Melbourne)
South Asian and South Pacific Finance, Banking and Tax Locator
Provides links to various topics including economy, taxation, banking, finance and investment for the South Asian and South Pacific countries
Provides sources of information on Bangladesh courts, case law, government, indigenous law, infrastructure, ADR, etc.
Books
· The following book(s) may be helpful to a legal researcher
The Legal System of Bangladesh
By Azizul Hoque - 1980
Hālima, Moḥ. Ābdula, LL.B.
· Legal System of Bangladesh / A.B.M. Mafizul Islam Patwari; with foreword by Dorothy W. Nelson.
Patwari, A. B. M. Mafizul Islam.
· Legal system of Bangladesh / A.B.M. Mafizul Islam Patwari; with foreword by Dorothy W. Nelson
Patwari, A. B. M. Mafizul Islam
· Islamic Banking & Finance in Southeast Asia: Its Development & Future - Page 242
By Angelo M. Venardos - Business & Economics - 2005 - 247 pages
The following are the popular law book suppliers in Bangladesh:
· Aligarh Library, Govt. New Market, Dhaka
· Book Syndicate, Govt. New Market, Dhaka
· Anupam Gyan Bhandar, 156, Bangabandhu Stadium, Dhaka
· The University Press Limited, 61, Motijheel C/A, Dhaka-1000
· Mallik Brothers, 42, Banglabazar, Dhaka-1100
· Khoshroj Kitab Mohol, 15, Banglabazar, Dhaka-1100
The following are contact details for the law reporters in Bangladesh:
Dhaka Law Report, 264, Malibagh, Dhaka-1217, Bangladesh, Phone- 880-2-8312503; 880-2-9356928; 880-01711-688860.
Bangladesh Legal Decisions, Secretary, Bangladesh Bar Council, Dhaka-1000, Phone- 880-2-9567056; 880-2-9569807; 880-2-9569809; Fax- 880-2-9554959, E-mail: barcon@bdmail.net
The Lawyers (ADC), 228, Green Road, Dhaka-1205. Phone- 880-2-9145695; 880-2-9136508; 880-2-9144027; 880-1711-455999.
Mainstream Law Reports, 4/B, Mayakanon, Shabujbag, Dhaka-1214, Bangladesh, Phone- 880-2-7273474; 880-1552-363284
Bangladesh Law Chronicles, 204, Shantibagh, Dhaka-1217, Bangladesh, Phone- 880-2-9353649; 880-2-8322271; 880-1711-688860.
Bangladesh Law Times, 24/1, Segunbagicha, at present 9, Circuit House Road, Dhaka-1000, Bangladesh.
Law Guardian, Suite 512A, 11, Purana Paltan, Dhaka-1000, Bangladesh, Phone- 880-2-9570782, 880-1712-203339, Website .
Bangladesh Government
This site has information on Bangladesh, its constitution and various government ministries.
Cabinet Division
The functions of the Cabinet Division include: secretarial work for the cabinet and its committees; custody of papers and documents of the cabinet and committees and their decisions; review of progress and implementation of cabinet and committee decisions; remuneration and privileges of the president prime minister and other ministers; immunity of the president; administration of oath of the president and resignation of the president; rules of business and allocation of business among the ministries and divisions; Toshakana; flag rules, national anthem rules and national emblem rules; appointment and resignation of the Prime Minister, ministers, ministers of state and deputy ministers and administration of their oath.
Prime Minister's Office
The Prime Minister’s Office (PMO) is the office of the head of the government of Bangladesh.
Ministry of Establishment
The Ministry of Establishment is primarily responsible for management of public administration. MOE provides necessary assistance and support to all concerned on administrative matters.
The purpose of this website is to provide information about various functional aspects of the Ministry. A significant role to this end is performed through different organs/departments attached to the Ministry. Accordingly, the modus operandi of these units may also be accessed.
Ministry of Finance
This website has information on the annual budgets, which have been passed since 2000.
Ministry of Law, Justice and Parliamentary Affairs:
This website has information on the courts of Bangladesh and certain judicial offices. The website also contains the Bangladesh Code, which is the single authoritative source of all primary laws i.e. Acts, Orders and Ordinances from the year 1836 to 2008. Unfortunately, the laws, which have been being enacted from 2009, are not available in the website.
Parliament Secretariat
This website has information on the constitution and parliamentary procedures.
Ministry of Agriculture
This website has information on issues related to agriculture. The site also has a link to agriculture related laws.
Ministry of Information
The Ministry of Information has a functional setup comprised of twelve departments under its aegis. These are:
(i) Bangladesh Betar
(iii) Department of Mass Communication
(iv) Department of Films and Publication
(vi) Press Information Department
(vii) Press Institute of Bangladesh
(viii) Bangladesh Sangbad Sangstha
(ix) Bangladesh Press Council
(x) Bangladesh Film Censor Board
(xi) National Institute of Mass Communication
(xii) Bangladesh Film Development Corporation
Besides these - in the outside - six Press Wings are working in Bangladesh and six important cities where the Bangladesh Mission is located, including:
(i) Washington
(ii) New York
(iii) London
(iv) Islamabad
(v) New Delhi
(vi) Kolkata.
The Ministry of Information website has information on the various organizations mentioned above.
Ministry of Shipping
Apart from texts of important shipping-related circulars and various organizations under the supervision and control of the Ministry of Shipping, this website also has information on:
· Ports
· Light houses and light ships
· Navigation and shipping
· Mercantile marine, admiralty jurisdiction and offences committed on high seas
· Inland water transport and shipping, marine services and elimination of danger of shipping
· Inland waterways
· Administration of mechanically propelled vessels and the rules made there under
· Engineer and ship surveyors and register of inland shipping
· Marine shipping and navigation, provision of education and training for mercantile marine
· Organization and maintenance of mainland, island and inter-island shipping services
· Co-ordination activities relating to this Ministry and research
· Legislation relating to shipping and navigation
· Liaison with international organizations and matters relating to treaties and agreements with other countries and world bodies relating to subjects allotted to this Ministry
· All laws on subjects allotted to this Ministry
· Inquiries and statistics on any of the subjects allotted to this Ministry
· Fees in respect of any of the subjects allotted to this Ministry except fees taken in courts
Ministry of Environment
The Ministry of Environment & Forests is the nodal agency in the administrative structure of the Central Government, for the planning, promotion, co-ordination and overseeing of the implementation of environmental and forestry programs. MoEF oversees all environmental matters in the country and is a permanent member of the Executive Committee of the National Economic Council. This site contains texts of environmental laws and various treaties to which Bangladesh is a party.
Ministry of Foreign Affairs
Amongst others things, the Ministry of Foreign Affairs website contains information on the fundamental foreign policy of Bangladesh.
Ministry of Food
To access the Ministry of Food website, click here.
Ministry of Commerce
The Ministry of Commerce, of the Government of the People’s Republic of Bangladesh, is mainly entrusted with the responsibility of dealing with all trade and commerce in Bangladesh. This website contains important trade laws, policies for import and export, and WTO related issues.
Some other relevant organizations are as follows:
Registrar of Joint Stock Companies and Firms
Institute of Cost and Management Accounts of Bangladesh
Institute of Chartered Accounts of Bangladesh
Office of Chief Controller of Imports and Exports (CCI&E)
Ministry of Labor and Employment
The Ministry of Labor & Employment has taken its present shape and status following different changes and developments, which have taken place since independence. Considering the importance of employment for socio-economic development and poverty alleviation, the present government divided the Ministry of Labor & Manpower and created the present Ministry of Labor & Employment in December 2001.
The objective of the Ministry of Labor & Employment is to alleviate poverty
by creating employment opportunities for the poor, unemployed and unskilled
labor force of the country.
The functions of the Ministry of Labor & Employment are realized through
the execution of different activities, such as:
· Converting unskilled labor into semi-skilled and skilled labor through imparting technical training;
· Creating congenial environment between employee and the employer to increase the production of factories and industries; and
· Ensuring the welfare of labor through the formulation and implementation of labor laws, labor wages, etc.
Immigration Police of Bangladesh
The Immigration service, Bangladesh Police is tasked with providing immigration-related service and security to Bangladesh through the well-managed entry and exit of people. The immigration service is provided by the Special Branch of the Bangladesh Police. The abovementioned site contains immigration laws and procedures.
Local Democracy
This website contains laws related to local government in Bangladesh.
Bangladesh Road Transport Authority
This website contains laws related to motor vehicles and transportation.
Bangladesh Police
This site contains information on the police structure in Bangladesh and has links to other law enforcement agencies.
General Diary (GD) is a very common issue in Bangladesh and the very primary initiative to let police know about an incident. Copy of GD is required in events like snatching, loss or theft of certificates, ID cards and documents, or issues involving security guards, servants, caretakers and tenants, etc. For filing a General Diary in 41 Police Stations of Dhaka Metropolitan area, visit here.
Official Website of Ministry of Expatriates' Welfare and Overseas Employment
This site contains valuable information on bills, notices and consultations in connection with expatriate workers and the enhancement of overseas employment.
Securities and Exchange Commission, Bangladesh
The Securities and Exchange Commission (SEC) was established on 8 June 1993 under the Securities and Exchange Commission Act, 1993. The Chairman and Members of the Commission are appointed by the government and have overall responsibility to administer securities legislation. The Commission is a statutory body and attached to the Ministry of Finance.
This site contains securities related laws and notifications of Bangladesh.
Dhaka Stock Exchange
The Dhaka Stock Exchange (DSE) is registered as a Public Limited Company and its activities are regulated by its Articles of Association rules & regulations and byelaws along with the Securities and Exchange Ordinance, 1969, the Companies Act, 1994 & the Securities & Exchange Commission Act, 1993.
This site contains laws in connection with stock exchange of the companies listed with the Dhaka Stock Exchange.
Chittagong Stock Exchange
This site contains laws in connection with investment in Bangladesh.
National Board of Revenue of Bangladesh
The National Board of Revenue (NBR) is the central authority for tax administration in Bangladesh. Administratively, it is under the Internal Resources Division (IRD) of the Ministry of Finance (MoF). MoF has three divisions, namely:
· The Finance Division
· The Internal Resources Division (IRD)
· The Economic Relations Division (ERD)
Each division is headed by a secretary to the government. Secretary, IRD is the ex-office Chairman of NBR. NBR is responsible for the formulation and continuous re-appraisal of tax-policies and tax-laws in Bangladesh.
Bangladesh Bank
This site contains information on management, the Bangladesh Bank Library, economic data, and major economic indicators, including:
· Monthly updates
· Exchange rates
· International reserves
· Balance of payments
· Bank credit
· Bank deposits
· Money supply
· Monetary survey
· National income aggregates
· Foreign trades
· Export receipts
· Import payments
· Non-resident investment
· Tax exemptions
· Foreign exchange guidelines
· Money laundering risks
· Prudential regulations for banks
· Procurement regulation
· Guidelines for merger/amalgamation of banks/financial institution
· Guidelines/notifications
Election Commission Secretariat
Article 118 of the Constitution provides for the establishment of 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. The appointment of the chief election commissioner and other election commissioners (if any) is made by the president. When the election commission consists of more than one person, the chief election commissioner is to act as its chairman. Under the Constitution, the term of office of any election commissioner is five years from the date on which he enters into office. A person who has held office as chief election commissioner is not eligible for appointment in the service of the Republic.
Bangladesh Public Service Commission Secretariat
The Bangladesh Public Service Commission (PSC) is a quasi-judicial body established under the Constitution of the People's Republic of Bangladesh. It works under the provisions of articles 137 to 140 of the Constitution and certain other rules and regulations made by the government from time to time under the Constitution.
Privatization Commission, Bangladesh
Information on the privatization commission and privatization policies and procedures can be found here.
Wikipedia entry on the laws of Bangladesh
The Wikipedia entry on the laws of Bangladesh may be accessed here.
SAARC Law entry on Bangladesh Laws
The SAARC Law entry on Bangladesh laws may be accessed here.
Library of Congress entry on Bangladesh Laws
The Library of Congress entry on Bangladesh Laws may be accessed here.
Information Technology Laws
You may find here an article addressing information technology laws in Bangladesh.
Report on Laws and Legal Procedures Concerning the Commercial Sexual Exploitation of Children in Bangladesh
The abovementioned report may be accessed here.
An Article on World Trade Organization and the Challenges for Legal Reforms In Bangladesh
The abovementioned article may be accessed here.
An Article on Jurist on the Constitution, Government & Legislation of Bangladesh
The abovementioned article may be accessed here.
Website of the Bangladesh Environmental Lawyers Association
The abovementioned website may be accessed here.
Forms of Bangladesh
This website, which was last updated in 2005, has been developed to help the citizens of Bangladesh find frequently used government forms in a digital format.
Bangladesh Institute of Labor Studies
The website for the Bangladesh Institute of Labor Studies may be accessed here.
Election Laws of Bangladesh
A review of the election laws of Bangladesh can be found on this site.
An Article on Governance, Structural Adjustment & the State of Corruption in Bangladesh
The abovementioned article may be accessed here.
NGO Affairs Bureau (NGOAB)
The NGO Affairs Bureau (NGOAB) was established in 1990 through an administrative order of the Government. Its prime objective is to provide one-stop service to the NGOs operating with foreign assistance and registered under the Foreign Donations (Voluntary Activities) Regulation Ordinance, 1978. In addition, it facilitates the activities of the NGOs in the country, and ensures their accountability to the state and thereby to the people of the country. Initially, it was located in the President Secretariat's Public Division and, later on, in the Cabinet Division. In 1991, with the re-introduction of a parliamentary form of government, the NGOAB was placed under the Prime Minister's Office as a regulatory body overseeing NGOs with the status of a government department.
Chittagong Port Authority
The Chittagong Port is the principal seaport of Bangladesh handling about 92% of import-export trade of the country. As such, its importance in the national economy is paramount. The Chittagong Port Authority (CPA) is a basic services provider. Its objective focuses mainly on providing necessary services and facilities to the port users efficiently and effective at competitive price.
More about Chittagong Port Authority can be found here .
Mongla Port is the second seaport situated in southwestern part of Bangladesh, at the confluence of the River Passur and Mongla, about 131 Km. upstream from the Bay of Bengal. The port is well protected by the natural mangrove forest of Sunderbans, which was declared as world heritage by United Nations. Basically the entire western part of Bangladesh is its hinterland and neighboring country like Nepal, Bhutan and border areas of India are also considered as natural hinterland of Mongla Port.
More about Mongla Port Authority can be found here.
City Corporation of Bangladesh
There are six city corporations in Bangladesh in Dhaka, Chittagong, Rajshahi, Khulna, Barishal and Sylhet.
For Dhaka City Corporation, visit the website.
For Chittagong City Corporation, visit the website.
For Khulna City Corporation, visit the website.
For Sylhet City Corporation, visit the website.
Statutory Public Authorities, Bangladesh
Statutory public authorities are those authorities, which are created by the provisions of different laws of the land. Information on these statutory public authorities can be found in the following websites-
Office of the Comptroller & Auditor General (CAG) of Bangladesh
Bangladesh Energy Regulatory Commission
Bangladesh Telecommunication Regulatory Commission
In Bangla
In English
The Daily Star
The Daily New
Nation
The Weekly
Holiday
The Independent
The Financial Express
13. Country Guides
Virtual Bangladesh
Cyber
Bangladesh
Bangladesh.Net
Amar
Bangladesh
Bangla 2000
14. Business Guides
Bangladesh Securities and Exchange Commission
Bhuiyan Consulting
Bangladesh
Export Processing Zones Authority
Bd Export.com
Dhaka Stock Exchange,
Bangladesh