Full text · showing key sections
2। order, context repugnant ,—
() "prescribed/determined day" 1971 16 ;
() " foreign currency" currency 18 notification declaration tax ;
() "Bank" Bank;
() "Bank company" Bank company Act, 1991 (1991 14 Act) 5 () definition "Bank company";
() "Bank " Bank tax 23 currency;
() "Bank " Bank tax 21 publication ;
() "Board" Bank ;
() "currency" , () purpose , currency order, 1972 (1972 .. 83) currency;
() " Bank" Bank, Bank , Act, 2001 (2001 47 Act) in force Act under , purpose financial ;
() "Director" Bank Director;
() "financial institution" financial institution Act, 1993 (1993 27 Act) 2 () definition "financial institution";
() "Governor" "Deputy Governor" Bank Governor Deputy Governor;
() "Government" Government;
() "schedule Bank" 37 (2) - () Bank list Bank;
() " Bank" Bank Act, 1956 Bank ;
() " currency" currency currency valid currency।
Provided thatthe 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.
(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.
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.
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[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.]
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[(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.]
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[* * *]
[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
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[:
Provided thatuntil 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.]
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[(3) The Board shall consist of-
(a) the Governor;
(b) a Deputy Governors, to be nominated by the Government;
(c)
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[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.]
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[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.
(ii) Minister for Commerce .......... Member.
(iii) Governor, Bangladesh Bank .......... Member.
(iv) Secretary, Finance Division .......... Member.
(v) Secretary, Internal Resources Division .......... Member.
(vi) Member (Programming), Planning Commission .......... Member.
(a) co-ordinate the macro-economic framework including fiscal, monetary and exchange rate strategies and policies;
(b) ensure consistency among macro-economic targets of growth, inflation and fiscal, monetary and external accounts;
(c) meet for the purposes of clauses (a) and (b) before the finalization of the budget to determine the extent of public sector borrowing taking into account credit requirements of the private sector, monetary expansion based on projected growth, price inflation, and net foreign assets of the banking system;
(d) meet at least on a quarterly basis to review the consistency of macro-economic policies and to revise limits and targets set at the time of the formulation of the budget, keeping in view the latest developments in the economy;
(e) consider limits of the government borrowing as revised from time to time in the meetings to be held before and after passage of the annual budget.
(a) relevant data relating to monetary expansion and Government borrowing from the banking system, and
(b) the assessment of the Bangladesh Bank regarding the impact of economic policies of the government on monetary aggregates and balance of payments.
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[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.
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[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.
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[(5) The Governor shall hold office for a period of four years and shall be eligible for re-appointment
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[.]
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[***]
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[(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.]
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[Governor or Deputy Governor]
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[* * *]:
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[(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
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[banking company or financial institution] or of any other business concern:
Provided thatnothing in this sub-clause shall apply where the
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[Governor or Deputy Governor]
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[* * *] is entrusted with additional duties under clause (8);
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[(d) who has defaulted in payment of dues of the government or of any banking company or any financial institutions;]
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[(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.]
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[* * *] 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
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[* * *] in his place.
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[(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.]
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[(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.]
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[* * *]
13। (1) Director —
() Government ;
() Government Bank company financial institution ;
() tax tax;
() ;
() Bank company financial institution taxtax employee;
() Bank company financial institution Director, Act, 2001 (2001 47 Act) in force Act under Bank Director Director tax ;
() Board Board absent ;
() offence guilty penalty convicted/punished ।
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[(c)] of clause (3) of Article 9 shall hold office for three years.
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[(d)] of clause (3) of Article 9 shall hold office at the pleasure of the Government.
(a) the Governor or
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[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.
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[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
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[a Deputy Governor] or
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[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;
16। Bank undertaking tax power , :-
() , schedule Bank Bank , tax purpose , , day month ;
- - purpose-
() , Bank financial tax , Bank tax tax purpose , , day month :
capital Government tax Bank ।
() Government tax Bank tax account loan —
() schedule Bank , Government purpose , , day day ;
() , schedule Bank Bank Government tax purpose cash goods loan tax, tax , goods , , :
Bank - under Bank tax tax Bank company Act, 1991 (1991 14 Act) under Bank company tax direction tax , tax Act 1991 109 - (2) under punishment , direction tax Director taxtax - (7) under punishment , Act 111 applicable tax Bank company;
() Bank tax company in force Act under tax tax Government- , ;
() Bank tax , schedule Bank financial institution tax loan institution loan ;
() Bank tax , loan schedule Bank fund ।
() currency foreign currency account declaration tax day day , :
, schedule Bank tax ;
() currency foreign currency account declaration tax Bank surplus ;
() Board , company surplus , under Bank surplus 25 ।
() in force Act tax power, immovable property , , fund ;
() document;
() Bank tax ;
() goods document schedule Bank , document tax purpose cash loan security account Bank transfer, tax ;
() order in force Bank account applicable , 5 under Bank transfer vested ;
() capital account Government tax , purpose Government ;
() Bank Division Bank capital, fund Bank Division - ;
() , foreign currency ;
() company , , , transfer ;
() capital, ;
() ;
() Government loan ;
() under schedule Bank month Bank capital tax ;
() under Bank, company, institution tax ;
(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.
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[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.]
The Bank shall not, except as authorised under this Order-
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[* * *]
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[ * * * ]
(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.
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.
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[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.]
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.
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.
The Bank shall not reissue Bank Notes which are torn, defaced or excessively soiled.
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.
(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
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[, Asian Monetary Units
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[, 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.
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[(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.]
(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.
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,
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[Special Drawing Rights, Asian Monetary Units
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[, Islamic Dinars]] or approved foreign exchange of less aggregate amount than that required by sub-clause
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[(a)] of clause (1) of Article 30.
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[ten] Taka or upwards supply Bank Notes of lower value or coins which are legal tender in Bangladesh under the Bangladesh Coinage Order, 1972, in such quantities as may in the opinion of the Bank be required for circulation. The Government shall supply such coins to the Bank on demand and if it fails to do so at any time the Bank shall be released during the period of such failure from obligation to supply them to the public.
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.
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.
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[(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.
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[ * * * ]
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[(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.]
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[* * *] 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
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[Taka one lakh] and with a further fine which may extend to
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[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
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[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.
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[* * *]
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[Taka twenty five thousand] for each day during which the failure continues.
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[Taka ten lakh] in respect of each such return.
37। (1) Bank (2) - () under Bank tax schedule Bank account Bank update list tax।
() Bank Bank schedule Bank declaration tax , —
Bank Bank tax ;
() schedule Bank - direction —
Bank, schedule Bank application , - () under direction Bank tax tax , schedule Bank () (2) (3) ;
() schedule Bank tax schedule Bank list tax।
- (2) “” capital , Bank tax ।
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.
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[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.]
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[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.]
In this Chapter, unless the context otherwise requires,-
(a) “banking company” means the banking company as defined in
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[clause (cc) of article 2 of this Order] and includes the apex co-operative bank or any other banking or financial institution notified by the Government in this behalf;
(b) “borrower” means any person to whom any credit limit has been sanctioned by any banking company, whether availed of or not, and includes-
(i) in the case of a company or corporation, its subsidiaries;
(ii) in the case of a Hindu undivided family, any member thereof or any firm in which such member is a partner;
(iii) in the case of a firm, any partner thereof or any other firm in which such partner is a partner; and
(iv) in the case of an individual, any firm in which such individual is a partner;
(c) “credit information” means any information relating to-
(i) the amounts and the nature of loans or advances and other credit facilities granted by a banking company to any borrower or class of borrowers;
(ii) the nature of security taken from any borrower for credit facilities granted to him; and
(iii) the guarantee furnished by a banking company for any of its customers.
The Bank may-
(a) collect, in such manner as it may think fit, credit information from every banking company; and
(b) furnish such information to any banking company in accordance with the provisions of Article 45.
Provided thatthe information so furnished shall not disclose the names of the banking companies which have submitted such information to the Bank.
(a) the disclosure by any banking company, with the previous permission of the Bank, of any information furnished to the Bank under Article 44;
(b) the publication by the Bank, if it considers necessary in the public interest so to do, of any information collected by it under Article 44, in such consolidated form as it may deem fit without disclosing the name of any banking company or its borrowers.
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[other authority except Parliament] shall compel the Bank or any banking company to produce or to give inspection of any statement submitted by that banking company under Article 44 or to disclose any credit information furnished by the Bank to that banking company under Article 45.
No person shall have any right, whether in contract or otherwise, to any compensation for any loss incurred by reason of the operation of any of the provisions of this Chapter.