Bangladesh Bank Order, 1972

 

Articles 10(6)(8) and 16(18)(b) –

Though the Governor and Deputy Governor of Bangla­desh Bank are members of the Board of Directors of Security Printing Corporation (Bangladesh) Limited they do not perform any function of the company for or on behalf of the Bangladesh Bank. They merely discharge their duties as members of Board of Directors of the company and while they discharge such duties and functions they do not discharge such duties and functions in connection with the affairs of the Republic of any local authority. So, their action cannot be challenged under Article 102(2)(a)(i) of the Constitution.

Global Access Ltd vs Bangladesh and others 55 DLR 433.

Article 42( c ) –

The expression “Credit Information” means any information relating to the amount and the nature of loans or advances and other credit facilities granted by a banking company to any borrower or class of borrowers and the nature of security taken from him and the guarantee furnished by a banking company for any of its customers. The information of defaulting borrowers with their names and addresses cannot be said to be “Credit Information.”

Stadmax Ltd vs General Manager, Credit Information Bureau, Bangladesh Bank and others 50 DLR 594.

Articles 42(c) and 46(1)-

Disclosure of list of defaulting borrowers does not connote information relating to the amount of loan and its nature nor credit facilities, security or guarantee as has been stated in Article 42(c) of the Bangladesh Bank Order, 1972.

Stadmax Ltd vs General Manager, Credit Information Bureau, Bangladesh Bank and others 50 DLR 594.

Sections 71 and 72 –

The Governor of Bangladesh Bank is a Public Officer and as an authorised person is legally obliged to obey the direction of the Court for payment of the decretal amount out of the Consolidated Fund for the satisfaction of the decree and for such act no further instrument from the unwilling judgment­ debtor, the Ministry of Works of the Government of the People’s Republic of Bangladesh is required.

Bangladesh Bank vs Mrs Rana Awan and others. 46 DLR 678.

Article 84 –

In this Order there is no provision for creating any central Board of Directors, but there shall be a ‘Board of Directors’ and it is this Board which has been vested with powers required to be exercised by the Bank (Staff) Regulations.

It therefore, cannot be said that the Board of Directors which had taken the decision for the appellant’s termination was not properly constituted. Regulation 2, in its proviso, requires Government’s approval to any action in respect of officers mentioned in sub-regulation (iii). These officers are senior officers of the Bank whose salaries and allowances are determined by, or require the approval of, the government. There is no evidence that the appellant fell within this class of officers.

Bangladesh Bank vs Mohammad Abdul Mannan 46 DLR (AD) 1.

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