THE BANGLADESH BANK ORDER, 1972 (PRESIDENT’S ORDER) ( PRESIDENT’S ORDER NO. 127 OF 1972 )

1. (1) This Order may be called the Bangladesh Bank Order, 1972.

(2) It extends to the whole of Bangladesh.

(3) It shall come into force at once and shall be deemed to have taken effect on the 16th day of December, 1971.

2. In this Order, unless there is anything repugnant in the subject or context,-

(a) “appointed day” means the 16th day of December, 1971;

(b) “approved foreign exchange” means currencies declared as such by any notification under Article 18;

(c) “Bank” means the Bangladesh Bank;

²[ (cc) “banking company” means “ব্যাংক কোম্পানী” defined in দফা (ণ) of ধারা ৫ of ব্যাংক কোম্পানী আইন, ১৯৯১ (১৯৯১ সনের ১৪ নং আইন);]

(d) “Bank Notes” means ³[ notes and coins] made and issued by the Bank in accordance with Article 23;

⁴[ (dd) “bank rate” means the standard rate made public by the Bangladesh Bank under Article 21;]

(e) “Board” means the Board of Directors of the Bank;

⁵[ (ee) “coin” means, except for the purpose of clause (d) above, a coin issued under the provisions of the Bangladesh Coinage Order, 1972 (P.O. No. 83 of 1972);] (f) “Co-operative Bank” means any co-operative society or co-operative bank including the apex co-operative bank registered under ⁶[ সমবায় সমিতি আইন, ২০০১ (২০০১ সনের ৪৭ নং আইন)], or any other law for the time being in force relating to co-operative societies, one objectives of which is to provide financial accommodation to its members;

(g) “Director” means a Director of the Bank; ⁷[ (gg) “financial institution” means “আর্থিক প্রতিষ্ঠান” defined in দফা (খ) of ধারা ২ of আর্থিক প্রতিষ্ঠান আইন, ১৯৯৩ (১৯৯৩ সনের ২৭ নং আইন);]

(h) “Governor” and “Deputy Governor” means respectively the Governor and Deputy Governor of the Bank;

(i) “Government” means the Government of the People’s Republic of Bangladesh;

(j) “Scheduled Bank” means a bank for the time being included in the list of banks maintained under sub-clause (a) of clause (2) of Article 37;

(k) “State Bank” means the State Bank of Pakistan constituted under the State Bank of Pakistan Act, 1956;

⁸[ (l) “Taka Coin” means one Taka coin and one Taka note and two Taka note coin and two Taka note which are legal tender in Bangladesh.]

3. (1) There shall be a bank to be called the Bangladesh Bank for the purposes of carrying on the business of central banking and it shall be deemed to have been established on the appointed day.

(2) The Bank shall be a body corporate by the name of the Bangladesh Bank, having perpetual succession and a common seal, and shall by the said name sue and be sued.

4. (1) The capital of the Bank shall be Taka three crores.

(2) The entire capital of the Bank shall stand vested in, and allotted to, the Government.

(3) The capital of the Bank may, subject to the approval of the Government, be increased by a resolution of the Board, and any capital so increased shall be subscribed for by the Government in such form and manner as may be determined by the Government.

(4) On the appointed day all the shares of the State Bank held in Bangladesh which have not already vested in the Government by or under any other law for the time being in force, shall, by virtue of this Order, be deemed to have been vested in, and allotted to, the Government free from any trust, mortgage, charge, lien, interest, or other encumbrance whatsoever.

(5) The Government shall pay such compensation in respect of the shares vested in the Government under clause (4) as may be determined by it and such compensation shall be distributed among the share-holders of the State Bank in Bangladesh in the manner as may be determined by the Government:

Provided that the total compensation payable under this clause shall not exceed the total paid up value of the shares held by the share-holders, among whom such compensation is to be distributed.

5. (1) On the appointed day the entire undertaking of the State Bank in and in relation to Bangladesh shall be deemed to have been transferred to, and vested in, the Bank.

(2) The undertaking of the State Bank so transferred and vested shall be deemed to include all assets, rights, powers, authorities and privileges and all property, movable and immovable, including all lands, buildings, cash balances, reserve funds, investments, and debts or actionable claims, any security or negotiable instrument, and all other rights and interests in, or arising out of, such property as were immediately before the appointed day in the ownership, possession, power or control of the State Bank in relation to, or for the purposes of, the undertaking of the State Bank in or in relation to Bangladesh whether such property is situated within or without Bangladesh, and all books of account, registers, records and all other documents of whatever nature relating thereto and shall also be deemed to include all borrowings, liabilities and obligations of whatever kind of the State Bank in relation to the undertaking within the territory of Bangladesh.

(3) Subject to the provisions of this Order all contracts, deeds, bonds, agreements, powers of attorney, grants of legal representation and other instruments of whatever nature subsisting or having effect immediately before the appointed day and to which the State Bank is a party or which are in favour of the State Bank shall-

(a) if they are exclusively for the purposes or for the business of the undertaking of the State Bank in Bangladesh; or

(b) if they are partly for the purposes in sub-clause (a) and partly for any other purpose to the extent and subject to such conditions and limitation, as the Government may determine, be of as full force and effect against or in favour of the Bank and may be enforced or acted upon as fully and effectively as if in place of the State Bank, the Bank has been a party thereto or as if they had been issued in favour of the Bank.

6. (1) All suits, appeals, or other legal proceedings of whatever nature pending on the appointed day by or against the State Bank in relation to its undertaking which has vested in the Bank under Article 5, shall be deemed to be suits, appeals and other legal proceedings pending by or against the Bank and may be continued and enforced by or against the Bank.

(2) Notwithstanding anything contained in any other law for the time being in force, where any proceeding for the winding up of a banking company under the Banking Companies Ordinance, 1962, is pending before the High Court of Bangladesh immediately before the appointed day in which the State Bank was appointed as Official Liquidator, the Bank shall be substituted in place of the State Bank as the Official Liquidator and shall be deemed always to have been so substituted.

7. Subject to the provisions of this Order and any other law for the time being in force, any person being a citizen of Bangladesh who, immediately before the appointed day, was an employee of the State Bank shall, as from that day, continue to be an employee of the Bank on the same terms and conditions as were applicable to him immediately before that day.

⁹[7A. The main functions of the Bank shall be:

(a) to formulate and implement monetary policy;

(b) to formulate and implement intervention policies in the foreign exchange market;

(c) to give advice to the Government on the interaction of monetary policy with fiscal and exchange rate policy, on the impact of various policy measures on the economy and to propose legislative measures it considers necessary or appropriate to attain its objectives and perform its functions;

(d) to hold and manage the official foreign reserves of Bangladesh;

(e) to promote, regulate and ensure a secure and efficient payment system, including the issue of bank notes;

(f) to regulate and supervise banking companies and financial institutions.]

8. (1) The Head Office of the Bank shall be at Dacca.

¹⁰[(2) The Bank shall have offices at Dhaka, Chittagong, Khulna, Bogra, Rajshahi, Sylhet, Barisal, Rangpur and may establish other offices, branches and agencies in Bangladesh or in consultation with the Government anywhere outside Bangladesh.]

9. ¹¹[* * *]

(2) ¹²[The general superintendence] and direction of the affairs and business of the Bank shall be entrusted to a Board of Directors which may exercise all the powers and do all acts and things that may be exercised or done by the Bank ¹³[:

Provided that until the first Board is constituted, the Governor may exercise all powers and do all acts and things as are required to be exercised or done by the Board.]

¹⁴[(3) The Board shall consist of-

(a) the Governor;

(b) a Deputy Governors, to be nominated by the Government;

(c) ¹⁵[four Directors who will not be Government officials] to be nominated by the Government from amongst persons who, in the opinion of the Government, have had experience and shown capacity in the field of banking, trade, commerce, industry or agriculture.

(d) three Government Officials to be nominated by the Government.]

¹⁶[9A. (1) There shall be a Council for the co-ordination of fiscal, monetary and exchange rate policies, hereinafter called the Co-ordination Council, consisting of-

(i) Minister for Finance ………. Chairman.

(2) In the matters not specifically required by this Order or by regulations made thereunder, to be done by the Board, the Government shall have powers of general superintendence and directions of the affairs and business of the Bank and may exercise all powers and do all acts and things which may be exercised or done by the Bank.

(3) The Governor shall be appointed ¹⁷[by the Government] on such salary and terms and conditions as may be determined by the Government except that neither the salary of the Governor nor his other terms and conditions of service shall be varied to his disadvantage after his appointment.

(4) One or more Deputy Governors shall be appointed ¹⁸[by the Government] on such salary and on such terms and conditions as the Government may determine except that neither the salary of a Deputy Governor nor his other terms and conditions shall be varied to his disadvantage after his appointment.

¹⁹[(5) The Governor shall hold office for a period of four years and shall be eligible for re-appointment:

Provided that the Governor shall not hold office if he attains the age of ²⁰[sixty seven] years.]

(6) The Governor and a Deputy Governor shall devote their whole time to the affairs of the Bank.

²¹[(7) The Government may require a Deputy Governor to hold an office other than in the Bank, in which event the Deputy Governor shall vacate his office, and the period during which he holds the other office shall not count towards his tenure of office as Deputy Governor.]

(8) The Governor, or a Deputy Governor, as the case may be, in addition to his duties as the Governor or a Deputy Governor, be entrusted by an order of the Government with such duties for such period as may be specified in the order.

(9) No person shall hold office as ²²[Governor or Deputy Governor] ²³[* * *]:

²⁴[(a) who is a member of the Legislature or a local Government;]

(b) who is employed in any capacity in the public service of Bangladesh or holds any office or position for which any salary or other remuneration is payable out of public funds;

(c) who is a Director, officer or employee of any other ²⁵[banking company or financial institution] or of any other business concern:

Provided that nothing in this sub-clause shall apply where the ²⁶[Governor or Deputy Governor] ²⁷[* * *] is entrusted with additional duties under clause (8);

²⁸[(d) who has defaulted in payment of dues of the government or of any banking company or any financial institutions;]

²⁹[(e) who is, or at any time has been, adjudicated an insolvent or had suspended payment or has compounded with his creditors;

(f) who is found lunatic or becomes of unsound mind;

(g) who has been convicted of an offence involving moral turpitude or has been sentenced by a court for a term of imprisonment exceeding one year.]

(10) The Government may grant leave to the Governor and a Deputy Governor for such period and on such terms and conditions as may be specified by the Government;

(11) Where the Governor ³⁰[* * *] during his term of office is incapacitated or is absent on deputation, leave or otherwise, the Government may appoint any person qualified under clause (9) but who may not be qualified under sub-clause (b) of that clause to act for the time being as the Governor ³¹[* * *] in his place.

11. (1) Meetings of the Board shall be convened by the Governor at least six times in each year and at least once in each quarter.

(2) Any three Directors may require the Governor to convene a meeting of the Board at any time and the Governor shall forthwith convene a meeting accordingly.

³²[(3) The Governor or, if for any reason he is unable to attend, the Deputy Governor nominated under sub-clause (b) of clause (3) of Article 9, shall preside at meetings of the Board and in the event of any equality of votes, shall have a second or casting vote. In case the Deputy Governor is also unable to attend for any reason, any other Director, authorised by the Governor, shall preside over the meeting of the Board and shall have a second or casting vote.]

(4) No act or proceedings of the Board shall be questioned on the ground merely of the existence of any vacancy in, or any defect in the constitution of, the Board.

12. ³³[(1) There shall be an Executive Committee consisting of-

(a) the Governor;

(b) the Director nominated under sub-clause (b) of clause (3) of Article 9;

(c) one Director elected by the Board from amongst the Directors nominated under sub-clause (c) of clause (3) of Article 9; and

(d) one Director appointed by the Government from amongst the Directors nominated under sub-clause (d) of clause (3) of Article 9.]

³⁴[* * *]

(3) Except when the Board is in session, the Executive Committee shall deal with and decide any matter within the competence of the Board and shall keep minutes of its proceedings, which shall be submitted to the Board for information at its next meeting.

13. (1) No person shall be or shall continue to be a Director-

³⁵[ (a) who is a Member of the Legislature or a local Government; or

(b) who has defaulted in payment of dues of the Government or of any banking company or any financial institution; or]

(c) who is, or at any time has been, adjudicated an insolvent or has suspended payment or has compounded with his creditors; or

(d) who is found lunatic or becomes of unsound mind; or

(e) who is an officer or employee of any ³⁶[ banking company] or any financial institution; or

(f) who is a Director of ³⁷[ any banking company or financial institution], but he shall not be disqualified or cease to be a Director if he is a Director of a bank which is a society registered under the ³⁸[ সমবায় সমিতি আইন, ২০০১ (২০০১ সনের ৪৭ নং আইন)] or any other law for the time being in force relating to co-operative societies; or

(g) who absents himself from three consecutive meetings of the Board, without leave from the Board; ³⁹[ or

(h) who has been convicted of an offence involving moral turpitude or has been sentenced by a court for a term of imprisonment exceeding one year.]

(2) Nothing in sub-clause (b) of clause (1) of this Article shall apply to the Government official nominated as Director under sub-clause ⁴⁰[ (d)] of clause (3) of Article 9.

14. (1) The Directors nominated under sub-clause ⁴¹[(c)] of clause (3) of Article 9 shall hold office for three years.

(2) A Director nominated under sub-clause ⁴²[(d)] of clause (3) of Article 9 shall hold office at the pleasure of the Government.

(3) Directors shall on the expiry of their term of office be eligible for renomination.

15. (1) The Government may remove from office-

(a) the Governor or ⁴³[a Deputy Governor] if he becomes permanently incapable of performing his duties or subject to any of the disqualifications specified in clause (9) of Article 10 or has done any act which is a breach of the trust reposed in him, or if his continuance in office is regarded as manifestly opposed to the interests of the Bank; and

(b) any Director.

(2) (a) The Governor, ⁴⁴[a Deputy Governor] or a Director may resign his office by statement to that effect in writing signed by him and addressed to the Government;

(b) A statement of resignation by ⁴⁵[a Deputy Governor] or ⁴⁶[a Director] shall be addressed as above through the Governor;

(c) On the acceptance of such a resignation by the Government, the office shall become vacant;

(3) Any Director vacating office under this Article shall not be eligible to become a Director until the expiry of the term of office for which he was nominated; and

(4) In the event of a vacancy occurring, the Government shall fill the vacancy by nominating another Director.

16. The Bank is authorised to carry on and transact the several kinds of business hereinafter specified, namely:-

⁴⁷[ (1) The accepting of money on deposit from and the collection of money for the Government, foreign Governments, domestic and foreign banks, domestic and foreign financial institutions and local authorities with or without interest.]

⁴⁸[ * * *]

(2) (a) The purchase, sale and rediscount of bills of exchange and promissory notes drawn on and payable in Bangladesh and arising out of bona fide commercial or trade transactions bearing two or more good signatures one of which shall be that of a scheduled bank, and maturing within one hundred eighty days, from the date of such purchase or rediscount, exclusive of days of grace;

(b) The purchase, sale and rediscount of bills of exchange and promissory notes, drawn on and payable in Bangladesh and bearing two or more good signatures one of which shall be that of a scheduled bank or the apex co-operative bank and drawn or issued for the purpose of financing seasonal agricultural operations or the marketing of crops, and maturing within fifteen months from the date of such purchase or rediscount exclusive of days of grace;

Explanation – For the purpose of this sub-clause-

⁴⁹[ (i) The expression ‘agricultural operations’ include cultivation of crops, plantation, agricultural machineries and implements, fertilizers and pesticides, fishing, pisciculture, animal husbandry, forestry, horticulture and allied activities;]

(ii) “crops” include products of agricultural operations;

(iii) the expression “marketing of crops” includes the processing of crops prior to marketing by agricultural producers or any organisation of such producers;

(c) The purchase, sale and rediscount of bills of exchange and promissory notes drawn on and payable in Bangladesh and bearing two or more good signatures, one of which shall be that of the apex co-operative bank or a financial corporation and drawn or issued for the purpose of financing the production or marketing activities of cottage and small scale industries approved by the Bank and maturing within eighteen months from the date of such purchase or rediscount, exclusive of days of grace:

Provided that the payment of the principal and interest of such bills of exchange or promissory notes is guaranteed by the Government to the satisfaction of the Bank.

(d) The making to a corporation declared eligible by the Government in consultation with the Bank of loans and advances-

(i) repayable on demand or on the expiry of fixed periods not exceeding ninety days from the date of such loan or advance, against securities of the Government; or

(ii) repayable on the expiry of fixed periods not exceeding eighteen months from the date of such loan or advance, against securities of the Government of any maturity, or against bonds and debentures issued by the Corporation to which the loan or advance is made, and guaranteed by the Government and maturing within a period not exceeding eighteen months from the date of such loan or advance;

(e) The purchase, sale and rediscount of bills of exchange and promissory notes drawn on and payable in Bangladesh and bearing the signature of a scheduled bank, and issued or drawn for the purpose of holding or trading in securities of the Government and maturing within ninety days from the date of such purchase or rediscount, exclusive of days of grace;

(f) The purchase, sale and rediscount of bills of exchange and promissory notes drawn on and payable in Bangladesh and bearing two or more good signatures one of which shall be that of a scheduled bank or the apex co-operative Bank or any corporation approved by the Government and having as one of its objects the making of loans and advances in cash or kind, drawn and issued for financing the development of agriculture, or of agricultural or animal produce or the needs of industry, having maturities not exceeding ten years from the date of such purchase or rediscount:

Provided that the Bank may from time to time issue to a corporation which may have dealings with the Bank under this sub-clause any directions which can by issued to a banking company under the ⁵⁰[ ব্যাংক কোম্পানী আইন, ১৯৯১ (১৯৯১ সনের ১৪ নং আইন)], and in the event of anybody, while carrying out any direction hereunder, either wilfully making a false statement or wilfully omitting to make material statement shall be punishable under ⁵¹[ sub-section (2) of section 109 of the said Act of 1991], and in the event of any contravention or default in compliance with any direction, any Director or Officer who is knowingly a party to the contravention or default shall be punishable under ⁵²[ sub-section (7) of section of the said section], and the provisions of ⁵³[ section 111 of the said Act] shall apply to such proceedings as if such corporation were a banking company;

(g) The purchase, sale and rediscount of such Government guaranteed debentures issued by a public company or corporation established by or under any law for the time being in force as the Bank may from time to time approve in this behalf;

(h) To guarantee, to the extent the Bank deems fit, issue of loans and debentures by the scheduled banks or financial institutions to rural credit institutions.

(i) To guarantee funds of scheduled banks in agricultural credit operations to the extent the bank deems fit.

(3) (a) The purchase and sale of approved foreign exchange;

(b) The purchase, sale and rediscount of bills of exchange including treasury bills drawn in or on any place in countries whose currency has been declared as approved foreign exchange and maturing within one hundred and eighty days from the date of purchase:

Provided that no such purchase, sale or rediscount shall be made in Bangladesh except with a scheduled bank;

(c) The keeping of balances with banks in countries whose currency has been declared as approved foreign exchange;

⁵⁴[ (d) subject to the approval of the Board the placing of balances abroad with asset management companies of global standing and reputation for investment in countries whose currencies have been declared as approved foreign exchange:

Provided that the placement under this clause shall not exceed 25 percent of the balance kept abroad.]

(4) The making to local Authorities, scheduled banks or co-operative banks of advances and loans repayable on demand or on the expiry of fixed periods not exceeding ninety days against the security of-

(a) stocks, funds and securities, other than immovable property, in which a trustee is authorised to invest trust money by any law for the time being in force in Bangladesh;

(b) gold or silver or documents of title to the same;

(c) such bills of exchange and promissory notes as are eligible for purchase or rediscount by the bank; and

(d) promissory notes of any scheduled bank supported by documents of title relating to goods, such documents having been transferred, assigned or pledged to any such bank as security, for a cash credit or overdraft granted for bona fide commercial or trade transactions or for the purpose of financing seasonal agricultural operations or the marketing of crops;

(5) The making of loans and advances out of the Rural Credit Fund established under Article 60 for the purposes specified therein;

(6) The making of loans and advances out of the Agricultural Credit Stabilisation Fund established under Article 61 for the purposes specified therein;

(7) The making of loans and advances out of the Industrial Credit Fund established under Article 62 for the purposes specified therein;

(8) The making of loans and advances out of the Export Credit Fund established under Article 63 for the purposes specified therein;

(9) The making to the Government of advances repayable in each case not later than three months from the date of the making of the advance;

(10) The making to institutions or banks, specially established for the purpose of promoting agricultural or industrial development in the country or co-operative banks of advances and loans for such amounts and on such terms and conditions as the Board may decide from time to time;

(11) The purchase holding and sale of shares and debentures of any company or corporation or institution as may be decided in consultation with the Government;

(12) The issue and purchase of telegraphic transfers, demand drafts and other kinds of remittances made payable at its own branches, offices or agencies;

(13) The drawing, accepting, making and issue, on its own account or on account of the Government, as the case may be, of any bill of exchange, hundi, promissory note or engagement for the payment within or without Bangladesh, of Bangladesh or foreign currency payable to bearer or to a banker on demand; but no such business shall be carried on or transacted without the previous approval of the Government;

⁵⁵[ (13A) The issue of its own negotiable securities on such rate of interest as the Bank may decide;]

(14) (a) Subject to sub-clause (b) the purchases and sale of securities of countries whose currency has been declared as approved foreign exchange with an unexpired currency of not more than ten years;

(b) The restrictions relating to maturity shall not apply to securities held by the Bank on the date on which this Order comes into force or any securities that may be received as assets including those transferred to and vested in the Bank under Article 5;

(15) (a) The purchase and sale of securities of the Government, or of such securities of a Local Authority as may be specified in this behalf by the Government by notification in the official Gazette on the recommendation of the Board;

(b) Securities, Debentures and Shares fully guaranteed as to principal and interest by the Government shall be deemed for the purpose of this clause to be securities of the Government;

(c) The amount of such securities held at any time in the Banking Department shall be so regulated that the total value of such securities shall not exceed the aggregate amount of the capital of the Bank, the Reserve Fund and four-fifths of the Liabilities of the Banking Department in respect of deposits;

(16) The custody of monies, securities and other articles of value and the collection of the proceeds, whether principal, interest or dividends of any such securities;

(17) The sale and realisation of all property, whether movable or immovable which may in any way come into the possession of the Bank in satisfaction, or part satisfaction of any of its claims;

(18) The acting as agent to the Government, or any Local Authority in the transaction of any of the following kinds of business, namely:-

(a) the purchase and sale of gold or silver or approved foreign exchange;

(b) the purchase, sale, transfer and custody of bills of exchange, securities or shares in any company;

(c) the collection of the proceeds, whether principal, interest or dividends, or any securities or shares;

(d) the remittance of such proceeds at the risk of the principal, by bills of exchange payable either in Bangladesh or elsewhere;

(e) and the management of public debt;

(19) The purchase and sale of gold coin and gold or silver bullion;

(20) The opening of an account with or the making of any agency arrangement with, and the acting as agent or correspondent of a bank incorporated in any country outside Bangladesh or the principal currency authority of any country under the law for the time being in force in that country or any international or regional bank formed by such principal currency authorities, and the investing of the funds of the Bank in the shares and securities of any such international or regional bank;

⁵⁶[ (21) (a) Subject to sub-clauses (b) and (c), the borrowing of money for the purpose of business of the Bank and the giving of security for money so borrowed;

(b) No money shall be borrowed under this clause from any person in Bangladesh other than a scheduled bank for a period exceeding three months and an amount not at any time exceeding the amount of the capital of the Bank;

(c) No money shall be borrowed under this clause from any foreign national in or outside Bangladesh other than foreign and international banks, companies, institutions or concerns;]

(22) The making and issue of bank notes subject to the provisions of this Order;

(23) The performance of the functions of the Bank under the International Financial Organisations Order, 1972;

(24) Establish credits and give guarantees; and

(25) The exercise of powers and functions and the performance of duties entrusted to the Bank under this Order or under any other law for the time being in force;

(26) Generally, the doing of all such matters and things as may be necessary, incidental to or consequential upon the exercise of its powers or the discharge of its duties or functions under this Order.

17. (1) Where, in the opinion of the Board or of the Governor, circumstances so warrant, the Bank may, notwithstanding any limitation contained in sub-clauses (a) and (b) of clause (2) or sub-clauses (a) and (b) of clause (3) or clause (4) of Article 16-

(a) purchase, sell or discount any of the bills of exchange or promissory notes specified in sub-clause (a) or sub-clause (b) of clause (2) or sub-clause (b) of clause (3) of Article 16 though such bill or promissory note does not bear the signature of a scheduled bank; or

(b) make advances or loans repayable on demand or on the expiry of fixed periods not exceeding ninety days against the various forms of security specified in clause (4) of Article 16 or against the security of goods or when the advance or loan is made to a banking company against such other form of security as the Bank may consider sufficient.

(2) Notwithstanding anything to the contrary contained in any other law for the time being in force, where a banking company, to which an advance or loan has been made under the provisions of sub-clause (b) of clause (1) is wound up, any sum due to the Bank in respect of such advance or loan shall, subject only to the claims, if any, of any other banking company in respect of any prior claim or advance made by such banking company against any security, be a first charge on the assets of the banking company.

⁵⁷[18. The Bank shall by notification in the official Gazette, declare the currency of any country to be approved foreign exchange for all or any of the purposes of this Order.]

19. The Bank shall not, except as authorised under this Order-

(1) engage in trade or otherwise have a direct interest in any commercial, industrial or other undertaking except such interest as it may in any way acquire in the course of the satisfaction of any of its claims, but all such interest shall be disposed of at the earliest possible moment;

⁵⁸[* * *]

(3) advance money on the mortgage, or otherwise on the security, of immovable property or documents of title relating thereto, except where such advance is made to any of its employees for building or purchasing a house for his personal use against the security of the house;

⁵⁹[ * * * ]

20. (1) The Bank shall undertake to accept monies for account of the Government, and to make payments up to the amount standing to the credit of their accounts and to carry out its exchange, remittance and other banking operations, including the management of the public debt.

(2) (a) The Government shall entrust the Bank, on such conditions as may be agreed upon between the Government and the Bank, with all their money, remittance, and banking transactions in Bangladesh, and, in particular, shall deposit free of interest all its cash balances with the Bank.

(b) Nothing in this clause shall be deemed to prevent the Government from carrying on money transactions, at places where the Bank has no office, branch or agency or from holding at such places such balances at it may require.

(c) The Government shall entrust the Bank, on such conditions as may be agreed upon between the Government and the Bank, with the management of the public debt and with the issue of any new loans.

(3) In the event of any failure to reach agreement on the conditions referred to in this Article, the Government shall decide the conditions and its decision shall be final.

(4) Any agreement made under this Article shall be laid, as soon as may be after it is made, before the Legislature.

21. The Bank shall make public from time to time the standard rate at which it is prepared to buy or rediscount bills of exchange or other commercial paper eligible for purchase under this Order.

⁶⁰[22. The Bank shall sell to or buy from any authorised dealer in Bangladesh approved foreign exchange at such rates of exchange and on such conditions as it may determine Pursuant to its monetary and exchange rate policy.]

23. (1) The Bank shall have the sole right to issue Bank Notes made payable to bearer on demand in Bangladesh in accordance with the provisions hereinafter made.

(2) Any person contravening this authority or committing any other offence specified in Article 35 shall be liable to the penalties mentioned therein.

24. (1) Subject to the provisions of clause (2) all Bank Notes, Coins and Currency Notes and those which were in circulation in Bangladesh on the appointed day shall continue to be legal tender at any place in Bangladesh for the amount expressed therein and shall be guaranteed by the Government.

(2) On the recommendation of the Board, the Government may, by notification in the official Gazette, declare that with effect from such date as may be specified in the notification, any series of Bank Notes of any denomination shall cease to be legal tender save at such offices, branches and agencies, if any, of the Bank as may be specified in the notification.

25. Notwithstanding anything contained in Article 24 no Pakistan Bank note of the denominational value of five hundred rupees and one hundred rupees issued before 8th day of June, 1971 shall be legal tender in payment or an account of amount expressed therein.

26. (1) The issue of Bank Notes shall be conducted by the Bank in an Issue Department which shall be separated and kept wholly distinct from the Banking Department and the assets of the Issue Department shall not be subject to any liability other than the liabilities of the Issue Department as defined in Article 32.

(2) The Issue Department shall not issue Bank Notes to the Banking Department or to any person except in exchange for other Bank Notes or for such coin, bullion, approved foreign exchange or securities as are permitted under this Order to form part of the assets of the Issue Department.

27. Bank Notes made and issued by the Bank shall be in such denominations and of such design, form and material as may be approved by the Government on the recommendations of the Board.

28. The Bank shall not reissue Bank Notes which are torn, defaced or excessively soiled.

29. Notwithstanding anything contained in any enactment or rule or law to the contrary, no person shall as of right be entitled to recover from the Government or the Bank the value of any lost, stolen, mutilated or imperfect Bank Note.

30. (1) The assets of the Issue Department shall not be less than the total of its liabilities and shall be maintained as follows:-

(a) of the total amount of the assets, assets of such value as the Government in consultation with the Bank, may, by notification in the official Gazette, specify shall be held in gold coins, gold bullion, silver bullion, Special Drawing Rights ⁶¹[, Asian Monetary Units ⁶²[, Islamic Dinars]] or approved foreign exchange, and

(b) the remainder of the assets shall be held in-

(i) Taka coins;

(ii) Taka securities of any maturity;

(iii) Such bills of exchange and promissory notes payable in Bangladesh as are eligible for purchase by the Bank under sub-clauses (a), (b) and (f) of clause (2) of Article 16;

(iv) Promissory notes obtained by the Bank in respect of advances and loans made under clause (4) of Article 16 against such securities as are mentioned in sub-clauses (a) and (b) of that clause; and

(v) Promissory notes obtained by the Bank in respect of advances and loans made under clause (10) of Article 16.

⁶³[(2) For the purposes of this Article,-

(a) gold coin, gold bullion and silver bullion shall be valued at the market value of the fine gold or silver content thereof, as the case may be;

(b) Taka coin shall be valued at its face value; and

(c) Taka securities and securities specified in clause (4) shall be valued at the market value for the time being obtaining or face value, whichever is less.]

(3) Of the gold coin and gold or silver bullion held as assets not less than seventeen-twentieths shall be held in the custody of the Bank including its branches, offices or agencies, and the gold or silver belonging to the Bank which is in any other bank or in any mint or treasury or in transit may be reckoned as part of the assets.

(4) For the purposes of this Article the approved foreign exchange which may be held as part of the assets shall be in any of the following forms, namely:-

(a) balances standing to the credit of the Bank with the principal currency authority of a country whose currency is an approved foreign exchange, or at any bank in such country;

(b) bills of exchange bearing two or more good signatures having a maturity not exceeding one hundred and eighty days and drawn on and payable at any place in a country whose currency is an approved foreign exchange; and

(c) securities of a Government with an unexpired currency of not more than five years and payable in a currency which is an approved foreign exchange.

(5) Restrictions relating to maturity shall not apply to securities mentioned in clause (4) held by the Bank on the appointed day or any securities transferred to and vested in the Bank under Article 5.

31. Notwithstanding anything contained in the foregoing provisions, the Bank may, with the previous sanction of the Government, for periods not exceeding six months in the first instance, which may with the like sanction be extended from time to time by periods not exceeding three months at a time, hold as assets gold coin, gold or silver bullion, ⁶⁴[Special Drawing Rights, Asian Monetary Units ⁶⁵[, Islamic Dinars]] or approved foreign exchange of less aggregate amount than that required by sub-clause ⁶⁶[(a)] of clause (1) of Article 30.

32. (1) The liabilities of the Issue Department shall be an amount equal to the total of the amount of the Bank Notes for the time being in circulation.

(2) For the purposes of this Article any Bank Note which has not been presented for payment within forty years from the first day of July following the date of its issue shall be deemed not to be in circulation and the value thereof shall notwithstanding anything contained in clause (2) of Article 26 be paid by the Issue Department to the Banking Department; but any such Bank Note if subsequently presented for payment, shall be paid by the Banking Department.

33. (1) The Bank shall issue Taka coin on demand in exchange for Bank Notes and Bank Notes on demand in exchange for coin which is legal tender in Bangladesh.

(3) The Government shall take over from the Bank at such times and in such quantities as the Bank may, with the previous approval of the Government, determine Taka coins which are not required for purposes of circulation against payment.

34. The Government shall not re-issue any Taka coins taken over under clause (3) of Article 33 nor put into circulation any Taka coin except through the Bank and the Bank shall not dispose of Taka coin otherwise than for purposes of circulation or by delivery to the Government under the preceding Article.

35. (1) No person in Bangladesh other than the Bank or as expressly authorised by this Order, the Government shall draw, accept, make or issue any Bill of Exchange, Hundi, Promissory Note or engagement for the payment of money payable to bearer on demand, or borrow, owe or take up any sum or sums of money on the Bills, Hundis or Notes payable to bearer on demand of any such persons, but such cheques, or Drafts, including Hundi, payable to bearer on demand or otherwise may be drawn on a person’s account with a banker.

(2) Notwithstanding anything contained in the Negotiable Instruments Act, 1881, no person in Bangladesh other than the Bank, or as expressly authorised by this Order, the Government shall make or issue any Promissory Note expressed to be payable to the bearer of the instrument.

(3) Any person contravening the provision of this Article shall be punishable upon conviction with fine which may extend to double the amount of the Bill, Hundi, Promissory Note or engagement in respect whereof the offence is committed.

(4) No prosecution under this Article shall be instituted except on complaint made in writing on behalf of the Bank.

36. ⁶⁸[(1) Every scheduled bank shall maintain with the Bank a balance the amount of which shall not be less than such portion of its total demand and time liabilities as may be prescribed by the Bank pursuant to the monetary policy objectives of the Bank, by notification in the official Gazette.

Explanation.- For the purposes of this Article liabilities shall not include the paid-up capital or the reserves, or any credit balance in the profit and loss account of such bank or the amount of any loan taken from the Bank.

(2) Based on the monetary policy objectives pursued by the Bank, it shall prescribe from time to time the terms and conditions of admissibility of interest, and the rate of interest, on the required minimum balances and/or on amounts in excess of the required minimum balances.]

⁶⁹[ * * * ]

(3) Every scheduled bank shall send to the Bank returns signed by two responsible officers of such bank containing such information as may be deemed necessary for carrying out the purposes and objects of this Order at such periods of time as the Bank may from time to time direct.

⁷⁰[(4) If at the close of business on any day before the day fixed for the next return under the preceding clause, the balance held at the Bank by any scheduled bank is below the minimum fixed by clause (1) such scheduled bank may be ordered by the Bank to pay the Bank in respect of such day penal interest at such rate above the Bank rate as may be determined by the Bank from time to time on the amount by which the balance with the Bank falls short of the fixed minimum, and if, on the day on which the next return is due, such balance is still below the fixed minimum as disclosed by this return, Bangladesh Bank may impose a higher rate of penal interest above the Bank rate in respect of that day and each subsequent day on which the balance held at the Bank at the close of business on the day is below the fixed minimum.]

(5) When under the provisions of clause (4) penal interest ⁷¹[* * *] has become payable by a scheduled bank, if thereafter on the day fixed for the next return under clause (3) the balance held at the Bank is still below the fixed minimum as disclosed by this return-

(a) every director and officer of the scheduled bank, who is knowingly and wilfully a party to the default, shall by order of the Bank be punishable with fine which may extend to ⁷²[Taka one lakh] and with a further fine which may extend to ⁷³[Taka one lakh] for each subsequent day on which the default continues; and

(b) the Bank may prohibit the scheduled bank from receiving after the said day any fresh deposit, and if default is made by the scheduled bank in complying with such prohibition, every director and officer of the scheduled bank who is knowingly and wilfully a party to such default or who through negligence or otherwise contributes to such default shall by order of the Bank be punishable in respect of each default with fine which may extend to ⁷⁴[Taka one lakh] for each day after the first on which a deposit received in contravention of such prohibition is retained by the scheduled bank.

⁷⁵[* * *]

(6) Any scheduled bank failing to comply with the provisions of clause (3) shall by order of the Bank be liable to pay to the Bank a penalty of ⁷⁶[Taka twenty five thousand] for each day during which the failure continues.

(7) Whoever in any return under this Article wilfully or recklessly makes a statement false in any material particular or wilfully or recklessly omits to state a material particular shall by order of the Bank be punishable with fine which may extend to ⁷⁷[Taka ten lakh] in respect of each such return.

(8) The penalties imposed by clauses (4), (5), (6) and (7) shall be payable on demand made by the Bank and in the event to refusal by the defaulting bank, director or officer to pay on such demand, may be levied by a direction of the Civil Court having jurisdiction in the area where an office of the defaulting bank is situated, such direction being made only upon application made in this behalf to the Court by the Bank, with the previous sanction of the Government.

37. (1) The Bank shall maintain at all its offices and branches on up-to-date a list of banks declared by it to be scheduled banks under sub-clause (a) of clause (2).

(2) The Bank shall, by notification, in the official Gazette-

(a) declare any bank to be scheduled bank which is carrying on the business of banking in Bangladesh and which-

(i) is a banking company ⁷⁸[ * * *], or a co-operative bank, or a corporation or a company incorporated by or established under any law in force in any place in or outside Bangladesh;

(ii) has a paid-up capital and reserves of an aggregate value of ⁷⁹[ an amount not less than that required to be maintained under ধারা ১৩ of ব্যাংক কোম্পানী আইন, ১৯৯১ (১৯৯১ সনের ১৪ নং আইন):

Provided that in the case of a co-operative bank, an exception may be made by the Bank;

(iii) satisfies the Bank that its affairs are not being conducted in a manner detrimental to the interests of its depositors;

⁸⁰[ (b) Direct the de-scheduling of any scheduled Bank which-

(i) ceases to fulfill the requirements mentioned in sub-clause (a) or goes into liquidation or otherwise wholly or partly ceases to carry on banking business; or

(ii) in the opinion of the Bank, is conducting its business in a manner detrimental to the interests of its depositors:

Provided that the Bank may, on application of the scheduled bank concerned and subject to such conditions, if any, as it may impose, defer the making of a direction under sub-clause (b) for such period as the bank considers reasonable to give the scheduled bank an opportunity of fulfilling the requirements mentioned in paragraphs (ii) and (iii) of clause (a);]

(c) alter the description in the list of scheduled banks whenever any scheduled bank changes its name.

Explanation – In clause (2) the expression “value” means the real or exchangeable and not the nominal value of the capital and reserves and the valuation made by the Bank shall be final.

38. The Bank may require any Corporation with which it has any transactions under Article 16 to furnish returns referred to in clause (3) of Article 36 and if it does so require, the provisions of clauses (6), (7) and (8) of Article 36 shall apply, so far as may be, to such Corporation as if it were a scheduled bank.

⁸¹[38A. The Governor shall at least once a year or at any other instance, if so summoned appear before the Parliamentary Committee on Finance to report on the monetary policy and of other activities of the Bank and to answer questions.]

⁸²[39. The Bank shall compile and publish in such manner and at such times as the Board may consider appropriate a consolidated statement from such information as may be received under this Order.]

40. (1) The Bank shall prepare and transmit to the Government a weekly account of the Issue Department and of the Banking Department in such form as the Government may, by notification in the official Gazette direct. The Government shall cause these accounts to be published weekly in the official Gazette.

(2) The Bank shall also, within two months from the date on which the annual accounts of the Bank are closed, transmit to the Government a copy of the annual accounts signed by the Governor, the Deputy Governor, if any, and the Chief Accounting Officer of the Bank, and certified by the Auditors together with a report by the Board on the working of the Bank throughout the year, and the Government shall cause such accounts and report to be published in the official Gazette.

41. (1) No suit or other legal proceedings shall lie against the Bank or any of its Officer for anything which is in good faith done or intended to be done in pursuance of Article 36 or Article 37 or Article 38 or Article 39 or Article 40 or in pursuance of the provisions of Chapter IV.

(2) No suit or other legal proceedings shall lie against the Bank or any of its Officers for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of Article 36 or Article 37 or Article 38 or Article 39 or Article 40, or in pursuance of the provisions of Chapter IV.