PRIZE COURT RULES, 1939

 

PRIZE COURT RULES, 1939

 

Order XXXIV

Prize Court Fund—Rules of business—
Matters exclusively reserved for the Ministry of Finance cannot be dealt with
by any other Ministry—Ministry of Law not competent to initiate proceeding for
distribution and investment of Prize Court Fund—Constitution of Bangladesh.

Bangladesh
Vs. Hon’ble Judge, Prize Court, High Court Division. 2BLD (AD)147.

 

Order—34

Prize Court Fund—Prize Court Fund
consists of money payable into the Public Account of the Republic—Under the
Rules of Business only the Ministry of Fin1nce could move an application before
the Prize Court with formal proposal and a working scheme for withdrawal of
money from the fun& Art.85 of the Constitution provides that all public
moneys which will form part either of the Consolidated Fund or the Public
Account of the Republic is payable into such Fund or Account or can be
withdrawn from under an Act of Parliament or Rules made by the President. There
is neither an Act of Parliament nor any rules by the President which govern the
mode of payment of the money cotistitution the Prize Court Fund into the public
Account of the Republic. In the absence of any enactment or rules which the
Constitution has empowered the President to make for the regulation of payment
of money belonging to the Prize Court Fund into the Public Accounts of the
Republic, the only alternative left to the Government is to get an Act passed
by Parliament or have Rules framed by the President pending such
enactment—Constitution of Bangladesh.

Bangladesh
Vs. Hon‘ble Judge, Prize Court, High Jourt Divison, 2 BLD (AD) 147.