DHAKA TRIBUNE

Juris

Thursday, December 26, 2013

Acts of parliament in 2013

2013 is the last year of the 9th National Parliament. As many as 69 laws were passed during the 16th, 17th, 18th and 19th sessions of this parliament. For our readers, we highlight the basic features of 12 of the laws passed in the year that may have significant impact on peoples lives

SYed Zakir hossain

1. Safe Food Act

The Safe Food Act, 2013 was enacted to stop widespread food adulteration through commissioning of separate courts for the disposal of food-related crimes. The Safe Food Act, 2013 has categorised 23 offences for which criminals will face maximum five years in jail term or Tk1,000,000 fine. Of them, 13 offences are non-bailable. The maximum punishment for adding radioactive ingredients or heavy metals to food stuffs is four years in jail or the Tk800,000 fine or both. The highest punishment for adding insecticides, hormones, antibiotics and other chemicals above permissible limits is three years in jail or a fine of Tk600,000 or both. Owners of restaurants and hotels, causing health hazards to consumers, will face maximum three years of jail or a fine of Tk600,000 or both. The law says public servants failing to discharge duties stipulated in the law would face departmental disciplinary actions. According to the act, the government will form a 30-member National Safe Food Management Advisory Council, headed by the food minister, comprising of 14 secretaries, 11 heads of government entities and representation from other stakeholders. Any aggrieved person can lodge complaints with the chairman of the Bangladesh Safe Food Authority.

3. Multi-Level Marketing Activities (Regulation) Act

Parliament enacted the Multi-Level Marketing Activities (Regulation) Act, 2013 to stop the swindling of peoples money through promotion of the pyramid structure marketing by the multi-level marketing (MLM) companies. According to the law, the multi-level companies must take prior licence from the government or face maximum jail term for 10 years and a fine of Tk5,000,000 for running the business without licence. Those who are already running multi-level marketing activities will require applying to the government for the licence within 90 days. Anyone transferring the licences to others will face maximum two years of imprisonment and a fine of Tk500,000 for transferring any licence, totally or partially. For marketing substandard products, the marketers will face maximum five years of imprisonment and a fine of Tk500,000. The law will authorise the government to appoint administrators to the companies if found guilty of fraud, harassment, or ill motives. Again, the law has the provision according to which the government, through gazette notification, in the future can prohibit the use of certain goods and services of the multi-level marketing businesses.

5. Anti-Corruption Commission (Amendment) Act

The parliament has passed an amendment to the Anti-Corruption Commission Act, 2004 incorporating a controversial provision curtailing the commissions authority to file cases against the public servants. The Anti-Corruption Commission (Amendment) Act, 2013 forces the criminal courts to seek permission from the government before taking criminal charges into cognizance against judges, magistrates and public servants. According the amendment, crimes involving corruption would be classified into three categories: cognizable, non-compoundable, and non-bailable. The amendment also contains a provision for safeguarding information providers keeping their names secret as well as punishment for furnishing any false information.

7. Anti-Terrorism (Amendment) Act

A new anti-terror law, which would allow the courts to accept videos, still photographs, and audio clips used in Facebook, Twitter and Skype as exhibit was passed by the parliament in June, 2013. In line with its election pledge of zero tolerance for violence, the present government enacted the AntiTerrorism Act, 2009 and amended the same in 2012. The original law stipulates capital punishment as highest punishment for terrorism and subversive activities depending upon the extent of the crimes. The newly amended law stipulates that the police officer concerned will immediately inform the district magistrates about the occurrence of a crime that comes under the purview of the act and file cases against the persons or entities or foreign nationals involved.

6. Grameen Bank Act

The new law replaces the existing 30-year old Grameen Bank Ordinance, 1983 promulgated during the government of military ruler HM Ershad. As per the new law, the bank will have to consult with the government before taking any policy decision. The Board of the Bank will comprise 12 members. Of them, three will be given from the government while rest of the members will be elected from the shareholders. The authorised capital of Grameen Bank was TK 350 crore earlier. Now it will be increased to Tk 1,000 crore and there will be 10 crore shares of the Bank. The managing director of the Bank will be a director, but he will not have the voting right. The tenure of the Board of Directors will be three years. Earlier, there was no specific tenure for the Grameen Banks board of directors. No member of the Board, except the managing director or CEO, will get the chance to be the director of the bank for more than two consecutive terms. The managing director will be chosen by a selection committee that will select a three-member panel. It would need prior approval from Bangladesh Bank to appoint one of them as managing director. The managing director will be allowed to serve the Bank up to the age of 60 years. Like the other banks, Grameen Bank will also have to submit its annual report to the Bangladesh Bank.

8. Parents Care Act

The Parents Care Act, 2013, a law to ensure social security of the senior citizens, compels the children to take good care of their parents. According to the law, the children will have to take necessary steps to look after their parents and provide them with food and shelter. Each of the children will have to pay 10% of their total income regularly to their parents if they do not live with their parents. Moreover, children will have to meet their parents regularly if they live in separate residences. Furthermore, under no circumstances are children allowed to send their parents in old homes beyond their wishes. The law also allows aggrieved parents to file cases against their children if they decline to support them. A first class magistrate court will settle issues related to the violation of the law. For reconciliation of any issues, local government representatives such as chairmen, members and others authorised by them will settle the disputes. The law has the provision of Tk200,000 as fine and, in default, six months jail term for violation of the law. Spouse or any relative, including the in-laws, will be considered as offenders and will be punished if they are proved to be guilty of having objected to such support.

2. Torture and Custodial Death (Prevention) Act

The parliament passed the Torture and Custodial Death (prevention) Act, 2013 aimed at curbing tortures by the law enforcement agencies on common people under custody. The law stipulates that the police, Rapid Action Battalion (RAB), Border Guard Bangladesh (BGB), Customs, Immigration, Criminal Investigation Department (CID), intelligence agencies, Ansar & VDP, Coast Guard and other public servants cannot extract confessional statement through torture. The law says any custodian torturing a detainee would be liable of committing offences defined under the law. Again, any person attempting to commit, aiding and abetting to commit, or conspiring to commit an offence must be considered an offender. According to the new law, for any death in custody, the custodian would be awarded with rigorous life imprisonment or a fine of Tk100,000. In addition, they must compensate family members of the affected with Tk200,000.

4. Information and Communication Technology (Amendment) Act

The ICT (Amendment) Act, 2013 was passed by the Parliament amending the original ICT Act, 2006. According to the new law, hacking into an individuals computer system, willfully publishing anything untrue and obscene on a website that may result in defamation, deterioration of law and order situation, tarnishing the image of the state or individuals and hurting peoples religious sentiments. will be a non-bailable offence, punishable with up to 14 years imprisonment. Under the new law, the police may arrest any person without warrant. Again, any person illegally accessing a protected computer system of the government will become liable for punishment and face jail term between seven and 14 years and fine up to Tk1,000,000. According to the law, the government will form a cyber tribunal headed by a judge or an additional judge. The tribunal will be able to conduct trial of the absconding persons in absentia. The main opposition and the civil society had criticised the law saying it would curtail freedom of opinion and expression and leave room for abuse of power by the law enforcing agencies.

in the parliament this year with an aim to safeguard the patent rights of the countrys centuries-old indigenous products. The act would protect the countrys claims to commodities such as hilsa fish, jamdani saree, nakshi kantha, pineapple, and fazli mango, etc. According to the act, geographical indications (GI) is a sign which defines the source and contains the goodwill of a product that originated in a particular area, like hilsha from Padma, chamcham from Tangail and kanchagolla from Natore. According to the law, a separate unit will be formed under the Department of Patent, Design and Trademark to operate on works related to the GI products. The unit will conserve a detailed list of the GI products from across the country as a primary database of the local products. To register a product, the association or the co-operative for a product will have to apply; no individual can register a product. The validity of a particular registered GI product will remain for five years. The producer would have to apply for re-registering after the validity expires. Any person or organisation will be punished with three years of imprisonment and Tk200,000 fine for producing, transporting, storing and selling of a particular geographical indication product by providing false and fabricated information. Similar punishment will be charged for marketing of a particular registered product which had expired its validity, and for breaching the conditions of the registration as a geographically indicative product.

11. Protection of the Rights of the Persons with Disabilities Act

Parliament passed Rights of the Persons with Disabilities and their Protection Act, 2013 for ensuring rights and dignity of persons with disabilities. The newly enacted law will abolish the existing Bangladesh Persons with Disability Welfare Act, 2001. The aim of the act is to protect dignity of the persons with disabilities and ensure their educational, physical and mental improvement as well as participation in social and state activities removing all the discrimination. The law stipulated 21 rights of the disabled persons. The disabled persons must get the national identity cards and be listed in the voters roll. Even they will be able to contest in the polls. The new law will help make the people with disabilities capable of contributing to the countrys development and welfare. According to the newly enacted law, a 19-member national executive committee, headed by the social welfare secretary, will work for national implementation of the law.

12. Bangla Academy Act

The Bangla Academy, which is dedicated to conducting research on Bangla language, got its first ever law written in Bangla since its establishment on December 3, 1955, when parliament enacted the Bangla Academy law this year. The aim of the law is to give the Bangla Academy more roles in expanding the use of Bangla in every sphere of life. The law mandated the Bangla Academy to impart trainings to public servants, upon requests from the government, on Bangla language. The new law has stipulated 22 functions of the academy, including translating Bangla literary works into different languages to uphold the rich tradition of Bangla literature, as well as translating works from other languages into Bangla. Prior to passing of the law, Bangla academy was regulated under the Bangla Academy Ordinance, which is in English, promulgated by the then President General Ziaur Rahman in 1978. Parliament in 1987 enacted a law for mandatory use of Bangla in all spheres of life, but its implementation still remains elusive because of the authorities inaction. In addition, the academy has been tasked with increasing the use of Bangla in the field of science and technology. l

10. Birth and Death Registration (Amendment) Act

Birth and Death Registration (amendment) Act, 2013 has introduced a provision for birth and death registration of the expatriate Bangladeshis as well as incorporating a 17-digit Personal Identification Number (PIN) of the respective persons. The new law provides one-year jail term or a fine of Tk5,000 or both for providing false information in connection with birth and death registration. According to the amended law, the government will appoint a registrar general and adequate manpower to intensively supervise and conduct the birth and death registration activities of union parishad chairmen, pourashava chairmen and mayor, city corporations mayors, president of cantonment board and Bangladeshs envoys abroad or their nominated persons responsible for completing the task. Moreover, according to the new law, the record of birth and death registration would be preserved in digital system to make the total process flawless.

9. Geographical Indicative Products (Registration and Protection) Act

The Geographical Indicative Products (Registration and Protection) Act, 2013 was passed