LAW COMMISSION : BANGLADESH

Law of the land is a dynamic society requires to be constantly reviewed by an authority to be manned by persons having adequate and thorough knowledge of law and the society. Thus the need to establish a law reform agency was felt by different countries at different times and Law Commissions have been set up to fulfill the need. The Law Commission in Bangladesh came about in that historic process. Launching of this web site on the part of the Law Commission is an attempt to inform the people about he Commission and the jobs carried out by it so far. It is an unending process and it will be updated with the addition of works as will accumulate with the passage of time.

Background

In the Indian sub-continent the first Law Commission was established in 1834 under the Chairmanship of Lord Macaulay under the Charter Act of 1833. Thereafter the second, third and fourth Law Commissions were consecutively established in 1853, 1861 and 1879 respectively. The first Law Commission in addition to other recommendations made recommendations for codification of the Indian Penal Code, 1860 and the Code of Criminal Procedure, 1898. The consecutive three Law Commissions enriched the treasure of the laws of the Indian sub- continent by initiating a large number of diversified laws. Besides, the Indian Penal Code and the Code of Criminal Procedure, the Code of Civil Procedure, 1908, the Evidence Act, 1872, Indian Contract Act, 1872 and the Transfer of Property Act, 1882 etc. are the outcome of labor of the aforesaid four Law Commissions.  During the Pakistan period two Law Reform Commissions; first one under the Chairmanship of Mr. Justice S.A. Rahman in 1958 and the second one under the Chairmanship of Mr. Justice Hamoodur Rahman in 1967 were established. Justice S.A. Rahman Law Reform Commission examined the causes of delay in disposal of Civil and Criminal cases and also made recommendations for making suitable amendments in the related laws. Justice Hamoodur Rahman Law Reform Commission submitted an exhaustive report in the matter of delay of disposal of Civil and Criminal cases. After emergence of Bangladesh the first Law Reform Committee was formed in 1976 under the Chairmanship of Mr. Justice Kemal Uddin Hossain. Later on a Law Reform Committee was formed in 1979 under the Chairmanship of Mr. Justice Altaf Hossain. The aforesaid Law Reform Committees amongst other issues examined the procedural aspects of Civil and Criminal Code and made some recommendations of relevant laws for speedy disposal of Civil and Criminal cases. In 1990 another Law Commission was set up under the Chairmanship of Barrister Ashrarul Hossain. This Commission existed for a short period and it made recommendations on the reforms of the Code of Civil Procedure, 1908 and some other laws. A temporary Law Reform Commission was established on May 25, 1996, in pursuance of the executive resolution dated 7-4-1994 vide No 120-Law/vetting/33/93 with Mr. Justice Naimuddin Ahmed as a Member as well as Acting Chairman. On 4th August, 1996 the former Chief Justice of Bangladesh Mr. Justice Dr. F.K.M.A Munim was appointed the Chairman of the Law Reform Commission.

Establishment of the Law Commission

The Government felt it necessary to make the Commission a permanent one under a regular statute. Steps were taken and the Law Commission Bill of 1996 was passed by the Parliament. Upon receipt of assent of the Hon’ble President on September 9, 1996 it became an Act of Parliament (The Law Commission Act  1996 Act no. XIX of 1996).  Thus the former temporary Law Reform Commission stood converted into a permanent Law Commission.  After the establishment of permanent Law Commission Mr. Justice Amin-Ur-Rahman Khan was appointed another Member of the Commission on September 22, 1996. While being Member of the Commission Mr. Justice Amin-Ur-Rahman died and after his death Professor Shah Alam, Dean of the Law Faculty of the University of Chittagong was appointed Member of the Commission. The first Chairman of the Law Commission although was appointed for three years but prior to expiry of his tenure he tendered his resignation and then another former Chief Justice of Bangladesh Mr. Justice Kemal Uddin Hossain was appointed the Chairman of the Commission for three-year-term. Professor Shah Alam, prior to completion of his term tendered resignation and some time after his resignation Mr. Justice B. B. Roy Choudhury was appointed the Member of the Law Commission. The former Chief Justice of Bangladesh Mr. Justice A.T.M. Afzal was appointed the Chairman of the Commission on August 1, 2001 for the next three years. Member of the Law Commission Justice B.B. Roy Choudhury on being appointed Advisor of the Non Party Caretaker Government of 2001 tendered his resignation and in his place on August 9, 2001,  Mr. Justice A.K.M. Sadeque was appointed the Member of the Commission. Mr. Justice Md. Shirajul Islam, former justice of High Court was appointed another member of the commission on 19 February, 2004 in place of Mr. Justice Naimuddin Ahmed. Mr. Justice A.T.M. Afzal has completed his three years tenure as chairman and immediately after that Mr. Justice Md. Shirajul Islam took over the charge of the chairman. On 29 November, 2004 Mr. Justice Mostafa Kamal the former Chief Justice of Bangladesh was appointed the Chairman of the Commission. After the expiry of the tenure of the member Mr. Justice A.K.M. Sadeque the former Inspector Jeneral of Police Mr. Dr. M. Enamul Haq was taken as the member of the commission 29 November, 2004. The term of the other member Mr. Justice Md. Shirajul Islam was extended for one year more which was end up on 21 February, 2008. His tenure was further extended for one year with effect from 9 March 2008. Mr. Sunil Chandra Paul Former District Judge Joined on 25 may 2009 as Member of Law Commission for 3 Years. Another Member Professor Dr. M. Shah Alam Joined on 24 June 2009. Mr. Justice Motafa kamal’s tenure as the Chairman of the Commission ended on 05 December 2007 and Mr. Justice Mohmmad Abdur Rashid Former Judge of The High Court Division of the Supreme Court of Bangladesh Appointed as the Chairman of the Commission for 3 years and joined on 21 April, 2009.

Composition of the Law Commission

As per section 5 of the Law Commission Act, 1996, the Commission consists of a Chairman and two Members. Under the law the Government has got the power to increase the number of its Members, if it deems necessary. The Chairman and Members of the Commission hold their respective offices for a term of three years from the date of their respective appointments. The Chairman or a Member may be re appointed by the Government for the prescribed term after the expiry of the said term. From the very beginning the Chairman of the Commission has been appointed from amongst the retired Chief Justices of Bangladesh(present chairman of Bangladesh Law commission is Mr. Justice Mohammad Abdur Rashid) and Members have been appointed from retired judges of Supreme Court of Bangladesh except on one occasion on which a Member was appointed from amongst legal academics. Very recently another Member from the legal academics is appointed in the Commission. The Commission is presently supported by a Secretary, one Principle Research Officer, three Senior Research Officers and one Senior Assistant Secretary. There are also some Ministerial Staff to support administrative works of the Commission.

Posted by bdmw in Local News on 09 7th, 2009 | no responses    .

BDMW President – Advocate Rabindra Ghosh along with his colleagues met with Mr. Justice

Md. Abdur Rashid – Chairman Law Commission of Bangladesh on 3rd of September, 2009 at

his Office-Dhaka Bangladesh: –

A delegation led by Advocate Rabindra Ghosh of BDMW consisting 8 (eight) members met with the Hon’ble Chairman of Bangladesh Law Commission Mr. Justice Md. Abdur Rashid and his associates on some important Agenda with a recommendation to enact appropriate laws for Minorities: The delegation consists of:

  1. Advocate Rabindra Ghosh
  2. Advocate Monoranjan Das
  3. Advocate Jagadish Chandra Sarkar
  4. Advocate Govinda Chandra Pramanik
  5. Advocate Pranoy Kanti Roy
  6. Advocate Palash Kanti Dey
  7. Kushal Baran Chakravorty and
  8. Ms. Monoranjan Das

The following agenda was discussed with recommendation for enactment of law:-

  1. a) Repeal of Enemy (Vested) Property Law.
  2. b) Advantage and Disadvantage of Amendment of Hindu Inheritance Law.
  3. c) Present trend of atrocities against Minorities of Bangladesh,
  4. d) Reservation of Minority quota for each government organizations.
  5. e) Human Rights Commission for Minorities of Bangladesh.
  6. f) Separate Electorate for the Minorities of Bangladesh.

The discussion with the Hon’ble Chairman of Law Commission of Bangladesh was fruitful and amiable. The law Commission Chairman assued us that no law will be framed and amended without consultation with Minority Communities of Bangladesh.

The Chairman laong with his colleagues Mr. Sunil Chandra Paul-Member Law Commissin of Bangladesh, Dr. Saha Alam- Professor of Law – Chittagong University and Assistant Secretary of Law – Mr. Mahabubur Rahman were present on the occasion.

Present Strength of the Commission :

Sl. No.     Post Number of Post       Persons Working

1      Chairman        1 (one)     1 (one)

2      Member  2 (Two)   2 (Two)

3      Secretary 1 (one)     1 (one)

4      Programmer    1 (one)     0 (Zero)

5      Personal Secretary  1 (one)     0 (Zero)

6      Assistant Secretary 1 (one)     1 (one)

7      Principal Research Officer     1 (one)     1 (one)

8      Senior Research Officer 3 (Three) 3 (Three)

9      Legislative Draftsman    1 (one)     0 (Zero)

10    Stenographer   3 (Three) 3 (Three)

11    Computer Operator 3 (Three) 2 (Two)

12    Accountant      1 (one)     1 (one)

13    UDA        1 (one)     1 (one)

14    LDA        2 (Two)   1 (one)

15    Photocopier and Gestatner Operator      1 (one)     1 (one)

16    Driver      4 (four)    4 (four)

17    MLSS      6 (six)      5 (five)

18    Night Guard    2 (two)    2 (two)

19    Sweeper 1 (one)     0 (zero)

Total       43 (forty three)       34 (Thirty four)

Proposed Strength of the Commission:

Sl. No.     Post Number

1      Chairman 1 (one)

2      Member   2 (two)

3      Secretary 1 (one)

4      Principal Research Officer     1 (one)

5      Senior Research Officer 3 (three)

6      Legislative Draftsman

7      Programmer

8      Assistant Secretary/ Senior Assistant Secretary

9      Personal Secretary

10    Translation Officer

11    Stenographer

12    Accountant

13    UDA

14    Steno typist/Computer Operator

15    LDA

16    Photocopier and Gestatener Operator

17    Driver

18    Dispatch Rider

19    MLSS

20    Night Guard

21    Sweeper

Total       48 (forty eight)

Functions of the Law Commission

The functions of the Commission have been described in Section 6 of the Act. Under the Section the functions of the Commission will be as follows:

To identify the causes of delay of civil and criminal cases in various courts and with a view to accelerate their disposal and ensure justice as quickly as possible:

(1) To recommend amendment of laws concerned or enactment appropriate cases after examination;

(2)   To   recommend   necessary   reforms   in   order  to   modernize   the  judicial   system;

(3) To recommend training and other measures for the improvement of the efficiency of the persons involved with the judicial system such as judicial officers, staff, law offers and lawyers,

(4) To recommend necessary measures for improvement of the entire judicial system and specially to prevent the abuse of the application of the laws concerned:

(5) To recommend modernization of different aspects of court management, such as,

distribution of works among judges, supply of copies, transmission and preservation of

records, service of notices and other relevant matters;

(a) To recommend, an acceptable measure regarding the feasibility of introducing a more efficient and accountable system in place of the present system for conducting the various government cases properly and establishing a separate investigating agency for the investigation of the criminal cases;

(b) Keeping in mind the attraction of domestic and foreign investment and necessity of free market economy-

(1) To recommend amendment of relevant laws including company law or legislation of new law in appropriate cases in order to create competitive atmosphere in the field of trade and industry and to avoid monopoly;

(2) To recommend, after examination, measures with regard to relevant laws especially copyright, trademarks, patents, arbitration, contract, registration and similar other matters;

(3) To recommend necessary measures for the establishment of separate courts for disposal of cases arising out of commercial and bank loan matters;

(c) To recommend necessary and timely amendments and reforms of the existing electoral laws administered by the Bangladesh Election Commission;

(d) To recommend, after examination, necessary reforms of the existing laws and enactment

of new laws in appropriate cases, in order to safeguard the rights of women and children and

prevent repression of women;

(e) To recommend reforms of existing laws, enactment of new laws in appropriate cases and taking of other acceptable measures for the proper implementation of legal- aid programs;

(f) To identify the various laws which conflict with each other on the same subject and in probable cases, to recommend codification and unification of various laws on the same subject?

(g) To recommend repeal of existing laws which are inconsistent with the fundamental rights and in appropriate cases making amendments with regard thereto;

(h) To recommend, after identification repeal of obsolete and unnecessary laws and in case of necessity, legislation of laws on any subject;

(i) To   recommend   acceptable   measures   for   the   upgrading   of  legal   education,   and

(j)’To recommend with regard to other legal matters referred by the government from time totime.

On the basis of Section 6A of the Law Commission Act 1996, the Commission prepares a work plan for each two-year on the conduct of its affairs in which laws are taken on priority basis for review. The said plan is sent to the Government. The Government sends its opinion/recommendations if any on the work plan.

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

Proposed Work plan for the year of 2010-2011

A draft Work Plan for the year of 2010-2011 has been sent on 13.09.2009 to the Ministry of Law, Justice and Parliamentary Affairs for further opinion. Work plan for the year of 2008-2009

Under Section 6A of the Act the Commission is to prepare a work plan for each two-year on the conduct of its affairs. Pursuant to the section the Commission prepared a work plan for the year 2008-2009.The following laws/matters have been taken for making review for the year 2008-2009.

  1. The Child Marriage and Restraint Act, 1929
  2. The Dowry Prohibition Act, 1980
  3. Law regarding an Independent Prosecution Service
  4. The Antiquities Act, 968
  5. The Bangladesh Environment Preservation Act, 1995 and the Environment Adalat Ain, 2000
  6. The Family Court Ordinance, 1985
  7. Artha Rin Adalat Ain, 2003
  8. Law for Consumer Protection .
  9. Real Estate law/Fair House Law
  10. The Control of Essential Commodities Act, 1956 and 1957
  11. The Co-operative Society Act, 2000
  12. The Civil Procedure Code, 1908
  13. The Specific Relief Act, 1877
  14. The Limitation Act, 1908
  15. The Drug Control Ordinance, 1982
  16. The State Acquisition and Tenancy Act, 1950
  17. Reforms of Hindu law
  18. Law on Human Rights
  19. Projects/ Studies/ Tour/ Conferences/ Workshops/ Seminars for the improvement and modernization of judicial administration system
  20. During the period of the commission shall also deal with any reference as may be sent to it by the Government from time to time
  21. Law Reform Project with the aid and assistance of CEDA (Legal Reform Project-Part -A) Part of Legal and Judicial Capacity Building Project for 6 years undertaken by the Government of Bangladesh aided by the World Bank (on going).

Work plan for the year of 2006-2007

1 .Examination of the Code of Civil Procedure, 1908(Act V of 1908) for the purpose of amendment and re-enactment if any (on going).

  1. Examination of the Code of Criminal Procedure. } 898 (Act V of J B98) for the purpose of amendment and re-enactment if any (on going)
  2. Review of Certain Provisions of the Penal Code, 1860 (Act XLV of 1860).
  3. The Naval Ordinance, 1961.
  4. The State Acquisition and Tenancy Act, 1950.
  5. The Anti-Women and Children Oppression Act, 2000.
  6. Election Laws.
  7. The Bangladesh Environment Conservation Act, 1995 and The Environment Court Act,
  9. The Bangladesh Merchant Shipping Ordinance, 1983
  10. The Nation Disabled Welfare Act, 2001.
  11. The Pure Food Ordinance 1959.
  12. The Control of Essential Commodities Act, 1956 and the Essential Commodities 1957.
  13. The Evidence Act, 1872.
  14. The Specific Relief Act, 1877.
  15. The Limitation Act, 1908.
  16. The Drugs Control Ordinance, 1982.
  17. The Dowry Prohibition Act, 1980.
  18. Project/Projects/Studies/Tour/ConferencesAVorkshops/Seminars for the Improvement

and Modernization of Judicial Administration System.

1-9. During the Period the Commission shall also deal with any reference as may be sent to

it by the Government from time to time.

  1. Law Reform Project with the aid and assistance of CIDA (Legal Reform Project Part-
  2. A) Part of Legal and Judicial Capacity Building Project for 6 years under-taken by the

Government of Bangladesh aided by the World Band (on going).

Work plan for the year of 2004-2005

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

Work plan for the year of 2002-2003

Under Section 6A of the Act the Commission is to prepare a work plan for each two-year on the conduct of its affairs. Pursuant to the section the Commission prepared a work plan for the year 2002-2003.The following laws/matters have been taken for making review for the year 2002-2003.

  1. Examination of the Code of Civil Procedure, 1908 (Act V of 1908) for the purpose of amendment and re-enactment, if any.
  2. Examination of the Code of Criminal Procedure, 1898 ( Act V of 1898) for the purpose of amendment and re-enactment, if any.
  3. Review of Certain Provisions of the Penal Code, 1860 (Act XLV of 1860).
  4. Review of the Small Causes Courts Act, 1887 (Act IX of 1887), if any.
  5. Reforms of Hindu Law, if any.
  6. Law Relating to Right to Information.
  7. Law on Information Technology and Electronic Transaction.
  8. The Divorces Act, 1869 (Act IV of 1869).

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

  1. The Naval Ordinance.
  2. The Citizenship Act, 1951.
  3. Law on Human Rights.
  4. Examination of the Law on Legal Aid.
  5. Law on Conciliation
  6. Project/Projects/Studies/Tour/Conferences/Workshops/Seminars for the Improvement and Modernization of Judicial Administration System.
  7. During the Period the Commission shall also deal with any reference as may be sent to

it by the Government from time to time. The Commission’s recommendations for reform of Law will bring the desired result only if they are made into Acts of Parliament. The Law Commission can make research and recommendations, but Parliament alone can change the law for the welfare of the people. As a result of the Commission’s ongoing work, large areas of the law have been the subject of systematic research and improvement.

In this chapter Bangladesh Law commission has various working plan and its background, establishment, composition, functions and work methodology. And the Bangladesh Law Commission has developed the methodology.

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