Miscellaneous

PART XI MISCELLANEOUS

Article 143: Property of the Republic
1. There shall vest in the Republic, in addition to any other land or property lawfully vested-
  1. all minerals and other things of value underlying any land of Bangladesh;
  2. all lands, minerals and other things of value underlying the ocean within the territorial waters, or the ocean over the continental shelf, of Bangladesh; and
  3. any property located in Bangladesh that has no rightful owner.
2. Parliament may from time to time by law provide for the determination of the boundaries of the territory of Bangladesh and of the territorial waters and the continental shelf of Bangladesh.

Article 144: Executive authority in relation to property, trade, etc.
The executive authority of the Republic shall extend to the acquisition, sale, transfer, mortgage and disposal of property, the carrying on of any trade or business and the making of any contract.

Article 145: Contracts and deeds
1. All contracts and deeds made in exercise of the executive authority of the Republic shall be expressed to be made by the President, and shall be executed on behalf of the President by such person and in such manner as he may direct or authorise.

2. Where a contract or deed is made or executed in exercise of the executive authority of the Republic, neither the President nor any other person making or executing the contract or deed in exercise of the authority shall be personally liable in respect thereof, but this article shall not prejudice the right of any person to take proceedings against the Government.

Article 145A: International treaties
All treaties with foreign countries shall be submitted to the President, who shall cause them to be laid before Parliament:
Provided that any such treaty connected with national security shall be laid in a secret session of Parliament

Article 146: Suits in name of Bangladesh
The Government of Bangladesh may sue or be sued by the name of Bangladesh.

Article 147: Remuneration, etc., of certain officers
1. The remuneration, privileges and other terms and conditions of service of a person holding or acting in any office to which this article applies shall be determined by or under Act of parliament, but until they are so determined-

  1. they shall be those (if any) appertaining to the person holding or, as the case may be acting in the office in question immediately before the commencement of this Constitution; or
  2. if the preceding sub-clause is not applicable, they shall be determined by order made by the President.
2. The remuneration, privileges and other terms and conditions of service of a person holding or acting in any office to which this article applies shall not be varied to the disadvantage of any such person during his term of office.

3. No person appointed to or acting in any office to which this article applies shall hold any arise, post or position of profit or emolument or take any part whatsoever in the management or conduct of any company, association or body having profit or gain as its object:
Provided that such person shall not for the purposes of this clause be deemed to hold any such office, post or position by reason only that he holds or is acting in the office first above-mentioned.

4. This article applies to the offices of -
  1. President;
  2. Prime Minister and Chief Advisor
  3. Speaker or Deputy Speaker;
  4. Minister, Advisor, Minister of State or Deputy Minister;
  5. Judge of the Supreme Court;
  6. Comptroller and Auditor-General;
  7. Election Commissioner;
  8. Member of a public service commission.

Article 148: Oaths of office
1. A person elected or appointed to any office mentioned in the Third Schedule shall before entering upon the office make and subscribe an oath or affirmation (in this article referred to as "an oath") in accordance with that Schedule.

2. Where under this Constitution an oath is required to be administrated by a specified person, it may be administered by such other person and at such place as may be designated by that person.

3. Where under this Constitution a person is required to make an oath before he enters upon an office he shall be deemed to have entered upon the office immediately after he makes the oath.

Article 149: Saving for existing laws
Subject to the provisions of this Constitution all existing laws shall continue to have effect but may be amended or repealed by law made under this Constitution.

Article 150: Transitional and temporary provisions
The transitional and temporary provisions set out in the Fourth Schedule shall have effect notwithstanding any other provisions of this Constitution.

Article 151: Repeals
The following President's Orders are hereby repealed-
  1. The laws Continuance Enforcement Order made on 10th April 1971;
  2. The Provisional Constitution of Bangladesh Order, 1972;
  3. The High Court of Bangladesh Order, 1972 (P.O. No. 5 of 1972);
  4. The Bangladesh Comptroller and Auditor-General Order, 1972 (P.O. No. 15 of 1972)
  5. The Constituent Assembly of Bangladesh Order, 1972 (P.O. No. 22 of 1972)
  6. The Bangladesh Election Commission Order, 1972 (P.O. No. 25 of 1972)
  7. The Bangladesh Public Service Commissions Order 1972 (P.O. No. 34 of 1972)
  8. The Bangladesh Transaction of Government Business Order, 1972 (P.O. No. 58 of 1972)

Article 152: Interpretation
1. In this Constitution, except where the subject or context otherwise requires-
  • Interpretation "Administrative unit" means a district or other area designated by law for the purposes of article 59;
  • "Advisor" means a person appointed to that office under article 58C;
  • "the Appellate Division" means the Appellate Division of the Supreme Court;
  • "article" means an article of this Constitution;
  • "borrowing" includes the raising of money by annuity, and "loan" shall be construed accordingly;
  • "the capital" has the meaning assigned to that expression in article 5;
  • "Chief Adviser" means a person appointed to that office under article 58C.]
  • "Chief Election Commissioner" means a person appointed to that office under article 118;
  • "The Chief Justice" means the Chief Justice of Bangladesh;
  • "citizen" means a person who is a citizen of Bangladesh according to the law relating to citizenship;
  • "clause" means a clause of the article in which the expression occurs;
  • "court" means any court of law including Supreme Court;
  • "debt" includes any liability in respect of any obligation to repay capital sums by way of annuities and any liability under any guarantee, and "debt charge" shall be construed accordingly;
  • "disciplinary law" means a law regulating the discipline of any disciplined force;
"disciplined force" means-
  1. the army navy or air force;
  2. the police force;
  3. any other force declared by law to be a disciplined force within the meaning of this definition;
  • "district judge" includes additional district judge;
  • "existing law" means any law in force in, or in any part of, the territory of Bangladesh immediately before the commencement of this Constitution, whether or not it has been brought into operation;
  • "financial year" means a year commencing on the first day of July;
  • "guarantee" includes any obligation undertaken before the commencement of this Constitution to make payments in the event of the profits of an undertaking falling short of a specified amount;
  • "the High Court Division" means the High Court Division of the Supreme Court;
  • "judge" means a judge of a division of the Supreme Court;
  • "judicial service" means a service comprising person holding judicial posts not being posts superior to that of a district judge;
  • "law" means any Act, ordinance, order rule, regulation, bye-law, notification or other legal instrument, and any custom or usage, having the force of law in Bangladesh;
  • "Parliament" means the Parliament for Bangladesh established by article 65;
  • "Part" means a Part of this Constitution;
  • "pension" means a pension, whether contributory or not, of any kind whatsoever payable to or in respect of any person, and includes retired pay or gratuity so payable by way of the return or any addition thereto of subscriptions to a provident fund;
  • "political party" includes a group or combination of persons who operate within or outside Parliament under a distinctive name and who hold themselves out for the purpose of propagating a political opinion or engaging in any other political activity;
  • "the President" means the President of Bangladesh elected under this Constitution or any person for the time being acting in that office;
  • "property" includes property of every description movable or immovable corporeal or incorporeal, and commercial and industrial undertakings, and any right or interest in any such property or undertaking;
  • "public notification" means a notification in the Bangladesh Gazette.
  • "public officer" means person holding or acting in any office of emolument in the service of the Republic;
  • "the Republic" means the People's Republic of Bangladesh;
  • "Schedule" means a schedule to this Constitution;
  • "securities" includes stock;
  • "the service of the Republic" means any service, post or office whether in a civil or military capacity, in respect of the Government of Bangladesh, and any other service declared by law to be a service of the Republic;
  • "session", in relation to Parliament, means the sittings of Parliament commencing when it first meets after the commencement of this Constitution or after a prorogation or dissolution of Parliament and terminating when Parliament is prorogued or dissolved;
  • "sitting" in relation to Parliament, means a period during which Parliament is sitting continuously without adjournment;
  • "the Speaker" means the person for the time being holding the office of Speaker pursuant to article 74;
  • "the State" includes Parliament, the Government and statutory public authorities;
  • "statutory public authority" means any authority, corporation or body the activities or the principal activities of which are authorised by any Act, ordinance, order or instrument having the force of law in Bangladesh;
  • "sub-clause" means a sub-clause of the clause in which the expression occurs;
  • "the Supreme Court" means the Supreme Court of Bangladesh constituted by article 94;
  • "taxation" includes the imposition of any tax, rate, duty or impost, whether general, local or special, and "tax" shall be construed accordingly
2. The General Clauses Act, 1897 shall apply in relation to-
  1. this Constitution as it applies in relation to an Act of Parliament;
  2. any enactment repealed by this Constitution, or which by virtue thereof becomes void or ceases to have effect, as it applies in relation to any enactment repealed by Act of Parliament.

Article 153: Commencement, citation and authenticity
1. This Constitution may be cited as the Constitution of the People's Republic of Bangladesh and shall come into force on the sixteenth day of December, 1972, in this Constitution referred to as the commencement of this Constitution.

2. There shall be an authentic text of this Constitution in Bengali, and an authentic text of an authorised translation in English, both of which shall be certified as such by the Speaker of the Constituent Assembly.

3. A text certified in accordance with clause (2) shall be conclusive evidence of the provisions of this Constitution:
Provided that in the event of conflict between the Bengali and the English text, the Bengali text shall prevail.

FIRST SCHEDULE
Article 47
Laws effective notwithstanding other provisions:

  1. The State Acquisition and Tenancy Act, 1950 (E.B. Act XXVIII of 1951).
  2. The Bangladesh (Taking over of Control and Management of Industrial and Commercial Concerns) Order, 1972 (A.P.O. No. 1 of 1972).
  3. The Government of Bangladesh (Services) Order, 1972 (P.O. No. 9 of 1972)
  4. The Bangladesh Shipping Corporation Order, 1972 (P.O. No. 10 of 1972)
  5. The Bangladesh (Restoration of Evacuee Property) Order, 1972 (P.O. No. 13 of 1972)
  6. The Bangladesh Public Servants' (Retirement) Order, 1972 (P.O. No. 14 of 1972)
  7. The Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972 (P.O. No. 16 of 1972)
  8. The Bangladesh Banks (Nationalisation) Order, 1972 (P.O. No. 26 of 1972)
  9. The Bangladesh Industrial Enterprises (Nationalisation) Order, 1972 (P.O. No. 27 of 1972)
  10. The Bangladesh Inland Water Transport Corporation Order, 1972 (P.O. No. 28 of 1972)
  11. The Bangladesh (Vesting of Property and Assets) Order, 1972 (P.O. No. 29 of 1972)
  12. The Bangladesh Insurance (Emergency Provisions) Order, 1972 (P.O. No. 30 of 1972)
  13. The Bangladesh Consumer Supplies Corporation Order, 1972 (P.O. No. 47 of 1972)
  14. The Bangladesh Scheduled Offences (Special Tribunals) Order, 1972 (P.O. No. 50 of 1972)
  15. The Bangladesh Nationalised and Private Organisations (Regulation of Salary of Employees) Order, 1972 (P.O. No. 54 of 1972)
  16. The Bangladesh Jute Export Corporation Order, 1972 (P.O. No. 57 of 1972) The Bangladesh Water and Power Development Boards Order, 1972 (P.O. No. 59 of 1972)
  17. The Government of Bangladesh (Services Screening) Order, 1972 (P.O. No. 67 of 1972)
  18. The Bangladesh Government Hats and Bazars (Management) Order, 1972 (P.O. No. 73 of 1972)
  19. The Bangladesh Government and Semi-autonomous Organisations (Regulation of Salary of Employees) Order, 1972 (P.O. No. 79 of 1972)
  20. The Bangladesh Insurance (Nationalisation) Order, 1972 (P.O. No. 95 of 1972)
  21. The Bangladesh Land Holding (Limitation) Order, 1972 (P.O. No. 98 of 1972)
  22. The Bangladesh Biman Order, 1972 (P.O. No. 126 of 1972)
  23. The Bangladesh Bank Order, 1972 (P.O. No. 127 of 1972)
  24. The Bangladesh Shilpa Rin Sangstha Order, 1972 (P.O. No. 128 of 1972)
  25. The Bangladesh Shilpa Bank Order, 1972 (P.O. No. 129 of 1972)
  26. All Presidential Orders and other existing law effecting amendments of the above-mentioned Act and Orders.
SECOND SCHEDULE

OMITTED

THIRD SCHEDULE
Article 148
OATHS AND AFFIRMATIONS

The President- An oath (or affirmation) in the following form shall be administered by the Chief Justice
"I,.... do solemnly swear (or affirm) that I will faithfully discharge the duties of the office of President of Bangladesh according to law: That I will bear true faith and allegiance to Bangladesh:
That I will preserve, protect and defend the Constitution:
And that I will do right to all manner of people according to law, without fear or favour, affection or ill-will"
1A. The President in the case of performing the functions of the Chief Adviser.-Oaths (or Affirmations) in the following forms shall be administered by the Chief Justice-
a. Oath or Affirmation of office:
"I, ....do solemnly swear (or Affirm) that I will faithfully discharge the duties of the office of Chief Adviser of the Non-Party Care-taker government according to law:
That I will bear true faith and allegiance to Bangladesh:
That I will Preserve, protect and defend the Constitution:
And that I will do right to all manner of people according to law, without fear or favour, affection or ill-will."

b. Oath (or Affirmation) of secrecy:
"I, ... do solemnly swear (or Affirm) that I will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall become known to me as Chief Adviser of the Non-Party Care-taker government except as may be required for the due discharge of my duty as Chief Adviser."1B. The Prime Minister and other Ministers, Ministers of State and Deputy Ministers.- Oaths (or affirmations) in the following forms shall be administered by the President-

a. Oath (or affirmation) of office;
"I ..., do solemnly swear (or Affirm) that I will faithfully discharge the duties of the office of Prime Minister (or as the case may be) according to law:
That I will bear true faith and allegiance to Bangladesh;
That I will Preserve, protect and defend the Constitution:
And That I will do right to all manner of people according to law, without fear of favour, affection or ill-will."

b. Oath (or Affirmation) of secrecy;
"I, ....., do solemnly swear (or affirm) that I will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall become known to me as Prime Minister (or as the case may be) except as may be required for the due discharge of my duty as Prime Minister (or as the case may be)."

2A. In Chief Adviser and Advisers - Oaths (or affirmations) in the following forms shall be administered by the President-

a. Oath (or affirmation) of office:
"I, ... do solemnly swear (or affirm) that I will faithfully discharge the duties of the office of the Chief Adviser (or Adviser) of the Non-Party Care-taker Government, according to law;
That I will bear true faith and allegiance to Bangladesh;
That I will preserve, protect and defend the Constitution;
That I will do tight to all manner of people according to law, without fear or favour, affection or ill-will."

b. Oath or affirmation of secrecy;
"I, .... do solemnly swear (or affirm) that I will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall become known to me as Chief Adviser (or Adviser of the Non-party Care-taker Government, except as may be required for the due discharge of my duty as Chief Adviser (or Adviser)."]

The Speaker. - An Oath (or affirmation) in the following form shall be administered by the president
I, .... do solemnly swear (or affirm) that I will faithfully discharge the duties of the Speaker of Parliament and (whenever I am called upon so to do) of the President, according to law;
That I will bear true faith and allegiance to Bangladesh;
That I will preserve, protect and defend the Constitution;
And that I will do right to all manner of People according to law, without fear or favour, affection or ill-will."

Deputy Speaker. - An oath (or affirmation) in the following form shall be administered by the President
"I, ...., do solemnly swear (or affirm) that I will faithfully discharge the duties or Deputy Speaker or Parliament and (whenever I am called upon so to do) of the Speaker, according to law:
That I will bear true faith and allegiance to Bangladesh:
That I will preserve, protect and defend the Constitution:
And that I will do right to all manner of people according to law, without fear or favour, affection or ill-will.

Member of Parliament.- An oath (or affirmation) in the following form shall be administrated by the Speaker-
"I, ....., having been elected a member of Parliament do solemnly swear (or affirm) that I will faithfully discharge the duties upon which I am about to enter according to law:
That I will bear true faith and allegiance to Bangladesh:
And that I will not allow my personal interest to influence the discharge of my duties as a member of Parliament."

Chief Justice or Judges.- An oath (or Affirmation) in the following form shall be administered, in the case of the Chief Justice by the President, and in the case of a Judge Appointed to a division, by the Chief Justice-
"I, ..., having been appointed Chief Justice of Bangladesh (or Judge of the Appellate/High Court Division of the Supreme Court) do solemnly swear (or Affirm) that I will faithfully discharge the duties of my office according to law:
That I will bear true faith and allegiance to Bangladesh:
That I will preserve, protect and defend the Constitution and the laws of Bangladesh:
And that I will do right to all manner of people according to law, without fear of favour, affection or ill-will."

Chief Election Commissioner or Election Commissioner - An oath (or Affirmation) in the following from shall be administered by the Chief Justice
"I, ...., having been appointed Chief Election Commissioner (or Election Commissioner), do solemnly swear (or Affirm) that I will faithfully discharge the duties of my office according to law:
That I will bear true faith and allegiance to Bangladesh:
That I will preserve, protect and defend the Constitution:
And that I will not allow my personal interest to influence my official conduct or my official decisions."

Comptroller and Auditor-General.- An oath (or Affirmation) in the following form shall be administered by the [Chief Justice]-
"I, ...., having been appointed Comptroller and Auditor-General do solemnly swear (or affirm) that I will faithfully discharge the duties of my office according to law:
That I will bear true faith and allegiance to Bangladesh:
That I will preserve, protect and defend the Constitution:
And that I will not allow my personal interest to influence my official conduct or my official decisions."

Member of Public Service Commission.- An oath (or Affirmation) in the following form shall be administered by the [Chief Justice]-
"I, ...., having been appointed Chairman (or Member) of a Public Service Commission do solemnly swear (or Affirm) that I will faithfully discharge the duties of my office according to law:
That I will bear true faith and allegiance to Bangladesh:
That I will preserve, protect and defend the Commission:
And that I will not allow my personal interest to influence my official conduct or my official decisions."

FOURTH SCHEDULE
Article 150
TRANSITIONAL AND TEMPORARY PROVISIONS:

1: Dissolution of Constituent Assembly
Upon the commencement of this Constitution, the Constitution Assembly, having discharged its responsibility of framing a Constitution for the Republic, shall stand dissolved.

2: First elections
  1. The First general election of members of Parliament shall be held as soon as possible after the commencement of this Constitution and for this purpose the election rolls prepared under the Bangladesh Electoral Rolls, order 1972 (P.O. No. 104 of 1972) shall be deemed to be the electoral rolls prepared in accordance with article 119.
  2. For the purpose of the first general election of members of Parliament, the delimitation of constituencies made for the purpose of elections to constitute the erstwhile Provincial Assembly, and published in 1970, shall be deemed to be made under article 119, and the Election Commission shall, after incorporating such changes, as it may consider necessary, in the nomenclature of any constituency or any subdivision of than a included therein, publish, by public notification, the list of such constituencies:
  3. Provided that provision may be made by law to give effect to the provision relating to seats women members referred to in clause (3) of articles 65.

3: Provisions for maintaining continuity and interim arrangements.

  1. All laws made or purported to having been made in the period between the 26th day of March, 1971 and the commencement of this Constitution, all powers exercised and all things done during that period, under authority derived or purported to have been derived from the Proclamation of Independence or any law, are hereby ratified and confirmed and are declared to have been duly made, exercised and done according to law.
  2. Until the day upon which Parliament first meets pursuant to the provisions of this Constitution, the executive and legislative powers of the Republic (including the power of the President, on the advice of the Prime Minister, to legislate by order) shall notwithstanding the repeal of the Provisional Constitution of Bangladesh Order, 1972, be exercised in all respects in the manner in which, immediately before the commencement of the Constitution, they have been exercised.
  3. Any provision of this Constitution enabling or requiring Parliament to legislate shall, until the day upon which Parliament first meets as aforesaid, be construed as enabling the President of legislate by order, and any order made under this paragraph shall have effect as if the provisions thereof had been enacted by Parliament.

3A: Validation of certain Proclamations, etc.

  1. The Proclamations of the 20th August, 1975, and 8th November, 1975, and Third Proclamation of the 29th November, 1976, and all other Proclamations and Orders amending or supplementing them, hereinafter in this paragraph collectively referred to as the said Proclamations and all Martial Law Regulations, Martial Law Orders and all other laws made during the period between the 15th day of August, 1975 and the date of revocation of the said Proclamations and withdrawal of Martial Law (both days inclusive), hereinafter in this paragraph referred to as the said period, shall be deemed to have been validly made and shall not be called in question in or before any Court or Tribunal on any ground whatsoever.
  2. All orders made, act and things done, and actions and proceedings taken, or purported to have been made, done or taken, by the President or the Chief Martial Law Administrator or by any other person or authority during the said period, in exercise or purported exercise of the powers derived from any of the said Proclamations or any Martial Law Regulation or Martial Law Order or any other law, or in execution of or in compliance with any order made or sentence passed by any Court or authority in the exercise or purported exercise of such powers, shall be deemed to have been validly made, done or taken and shall not be called in question in or before any Court, or Tribunal on any ground whatsoever.
  3. No suit, prosecution or other legal proceeding shall lie in any Court or Tribunal against any person or authority for or on account of or in respect of any order made, act or thing done, or action or proceeding taken whether in the exercise or purported exercise of the powers referred to in sub-paragraph (2) or in execution of or in compliance with orders made or sentences passed in exercise or purported exercise of such powers.
  4. All amendments, additions, modifications, substitutions and omissions made in this Constitution by the said Proclamations shall have effect as if such amendments, additions, modifications, substitutions and omissions were made in accordance with, and in compliance with the requirements of this Constitution.
  5. Upon the revocation of the said Proclamations and the withdrawal of Martial Law this Constitution shall, subject to amendments, additions, modifications, substitutions and omissions as aforesaid, have effect and operate as if it had been in continuous operation.
  6. The revocation of the said Proclamations and the withdrawal of Martial Law shall not review or restore any right or privilege which was not existing at the time of such revocation and withdrawal.
  7. All laws in force immediately before the revocation of the said Proclamations and withdrawal of Martial Law shall, subject to the Proclamation revoking the said Proclamation an withdrawing the Martial Law, continue in force until altered, amended or repealed by the competent authority.
  8. The General Clauses Act, 1897, shall apply to the said Proclamations and the Martial Law Regulations and Martial Law Orders made during the said period and also to the revocation of the said Proclamations and the withdrawal of Martial Law and the repeal of the said Martial Law Regulations and Martial Law Orders as it applies to, and to the repeal of, an Act of Parliament as if the said Proclamations and the Proclamation revoking them and withdrawing the Martial Law and the Marital Law Regulations and Martial Law Orders were all Acts of Parliament.
  9. In the event of any conflict, contradiction, discrepancy or inconsistency between the Bengali and the English text of the Constitution, in so far as it relates to any amendment, addition, modification, substitution or omission made in any of the texts or in both the texts by the said Proclamations, the English text shall prevail.
  10. In this paragraph, 'law' includes Ordinances, rules, regulations, bye-law, orders, notifications and other instruments having the force of law.

4: President.
  1. The person holding office as President of Bangladesh immediately before the commencement of this Constitution shall hold office as President, as if elected to that office under this Constitution, until a person elected as President under article 48 enters upon office:
  2. Provided that the holding of office under this paragraph shall not be taken into account for the purposes of clause (2) of article 50.
  3. The persons holding office as Speaker and Deputy Speaker of the Constituent Assembly immediately before the commencement of this Constitution shall, notwithstanding that Parliament has not yet been constituted, be deemed to hold office respectively as Speaker and Deputy Speaker until an election to each of those offices is made under clause (1) of article 74:
5: Prime Minister and other Ministers

The person holding office as Prime Minister, immediately before the date of the commencement of this Constitution shall until his successor appointed under article 56 after the first general election held under this Constitution enters upon office, hold office as Prime Minister as if appointed to that office under this Constitution, and the persons holding office as Ministers immediately before that date shall continue to hold office as Ministers until the Prime Minister otherwise directs, and nothing in article 56 shall prevent the appointment of other Ministers on the advice of the Prime Minister.

6: Judiciary.

  1. The person holding office as Chief Justice immediately before the date of the Commencement of this Constitution and every person who then held office as judge of the High Court constituted by the Provisional Constitution of Bangladesh Order, 1972, shall as from that date hold office as if appointed under article 95 as Chief Justice or, as the case may be, as judge.
  2. The persons (other than the Chief Justice) holding office as judges pursuant to sub-paragraph (1) of this paragraph shall at the commencement of this Constitution be deemed to have been appointed to the High Court Division, and appointments to the Appellate Division shall be made in accordance with article 94.
  3. All legal proceedings pending in the High Court immediately before the commencement of this Constitution (other than those referred to in sub-paragraph (4) of this paragraph) shall be transferred to and be deemed to be pending before the High Court Division for determination, and any judgement or order of the High Court delivered or made before the commencement of this Constitution shall have the same force and effect as if it had been delivered or made by the High Court Division.
  4. All legal proceedings pending before the Appellate Division of the High Court immediately before the commencement of this Constitution shall be transferred to the Appellate Division for determination and any judgment or order of the former division delivered or made before the commencement of this Constitution shall have the same force and effect as if it had been delivered or made by the Appellate Division.
5. Subject to the provisions of this Constitution and of any other law-
  • all original, appellate and other jurisdiction which was vested in the High Court constituted by the Provisional Constitution of Bangladesh Order, 1972 (other than jurisdiction vested in the Appellate Division of that Court) shall from the commencement of this constitution, vest in an be exercised by the High Court Division;
  • all civil, criminal and revenue courts and tribunals exercising jurisdiction and functions immediately before the commencement of this Constitution shall continue to exercise their respective jurisdictions and functions, and all persons holding office in such courts and tribunals shall continue to hold their respective offices.
6. The Provisions of Chapter II of Part VI (which relate to subordinate courts) shall be implemented as soon as is practicable, and until such implementation the matters provided for in that Chapter shall (subject to any the provision made by law) be regulated in the manner in which they were regulated immediately before the commencement of this Constitution.

7. Nothing in this paragraph shall after the operation of any existing law relating to the abatement of proceedings.

6A: Provisions as to existing Judges and pending proceedings.

  1. The person holding office of Chief Justice of Bangladesh immediately before the commencement of the Second Proclamation (Seventh Amendment) Order, 1976 (hereinafter referred to as the said Order), and every person who then held office as Judge or Additional Judge of the Appellate Division of the Supreme Court shall as from such commencement hold office as Chief Justice, Judge or Additional Judge of the Supreme Court, as the case may be on the same terms and conditions as to remuneration and other privileges as were applicable to him immediately before such commencement.
  2. A person holding office as Judge or Additional Judge of the High Court Division of the Supreme Court immediately before the commencement of the said Order shall as from such commencement hold office as Judge or Additional Judge of the High Court as the case may be, on the same terms and conditions as the remuneration and other privileges as were applicable to him immediately before such commencement.
  3. All legal proceedings pending before the Appellate Division of the Supreme Court immediately before the commencement of the said Order shall on such commencement stand transferred to and be denied to be pending before, the Supreme Court for determination; and any judgment, or order of the Appellate Division of the Supreme Court delivered or made before such commencement shall have the same force and effect as if it had been delivered or made by the Supreme Court.
  4. All legal proceedings pending before the High Court Division of the Supreme Court immediately before the commencement of the said Order shall on such commencement stand transferred to, and be deemed to be pending before, the Supreme court for determination; and any judgement or order of the High Court Division delivered or made before such commencement shall have the same force and effect as if had been delivered or made by the High Court.
  5. Subject to the other provisions of this Constitution, the Supreme Court shall have the same functions, jurisdiction and powers as were, immediately before the commencement of the said Order, exercisable by the Appellate Division of the Supreme Court, and references in any law, legal instrument or other documents to the Appellate Division of the Supreme Court shall, unless the context otherwise requires, be construed as references to the Supreme Court.
  6. Subject to the other provisions of this Constitution, the High Court shall have the same functions, jurisdiction and powers as were, immediately before the commencement of the said Order, exercisable by the High Court Division of the Supreme Court, and references in any law, legal instrument or other document to the High Court Division of the Supreme Court shall, unless the context otherwise requires, be construed as references to the High Court.
6B: Provisions as to Judges of the Supreme Court and High Court existing before the Second Proclamation Order No. 1 of 1977 proceedings pending before commencement of that Order, etc.-

  1. A person holding office as Chief Justice or Judge or Additional Judge of the Supreme Court of Chief Justice or Judge or Additional Judge of the High Court immediately before the Commencement of the Second Proclamation (Tenth Amendment) Order, 1977 (hereinafter referred to as the said Order), shall , if he has attained the age of sixty-two years on the date of such commencement, stand retired on that date.
  2. A person holding office as Chief Justice or Judge or Additional Judge of the Supreme Court immediately before the commencement of the said Order shall, if he has not attained the age of sixty-two years on the date of such commencement, as from such commencement hold office as Chief Justice of Bangladesh or Judge or Additional Judge of the Appellate Division as the case may be, on the same terms and conditions as to remuneration and other privileges as were applicable to him immediately before such commencement.
  3. The person holding office as Chief Justice of the High Court immediately before the commencement of the said Order shall, if he has not attained the age of sixty-two years on the date of such commencement, as from such commencement hold office as Judge of the High Court Division on the same terms and conditions as to remuneration and other privileges as were applicable to him immediately before such commencement.
  4. A person holding office as Judge or Additional Judge of the High Court immediately before the commencement of the said Order shall, if he has not attained the age of sixty-two years on the date of such commencement, as from such commencement hold office as Judge or Additional Judge of the High Court Division, as the case may be, on the same terms and conditions as to remuneration and other privileges as were applicable to him immediately before such commencement.
  5. All legal proceedings pending before the Supreme Court immediately before the commencement of the said Order shall on such commencement stand transferred to, and be deemed to be pending before, the Appellate Division for determination; and any judgment or order of the Supreme Court delivered or made before such commencement shall have the same force and effect as if it had been delivered or made by the Appellate Division.
  6. All legal proceedings pending before the High Court immediately before the commencement of the said Order shall on such commencement stand transferred to, and be deemed to be pending before, the High Court Division for determination; and any judgment or order of the High Court delivered or made before such commencement shall have the same force and effect as if it had been delivered or made by the High Court Division.
  7. Subject to the other provisions of this Constitution, the Appellate Division shall have the same functions, jurisdiction and powers as were, immediately before the commencement of the said Order, exercisable by the Supreme Court, and references in any law, legal instrument or other document to the Supreme Court shall, unless the context otherwise requires, be construed as references to the Appellate Division.
  8. Subject to the other provisions of this Constitution, the High Court Division shall have the same functions, jurisdiction and powers as were, immediately before the commencement of this said Order, exercisable by the High Court, and references in any law, legal instrument or other document to the High Court shall, unless the context otherwise requires, be construed as references to the High Court Division.
  9. The person holding office as Advocate-General immediately before the commencement of the said Order shall on such commencement cease to hold office.
7: Interim rights of appeal.
An Appeal to the Appellate Division of the Supreme Court shall lie, notwithstanding any limitation as to time, against any judgment, decree, order or sentence delivered, issued or pronounced since the 1st day of March, 1971 by any High Court of Bangladesh (Amendment) Order, 1972 (P.O. No. 91 of 1972 functioning in the territory of Bangladesh:
Provided that article 103 shall apply in respect of any such appeal as it applies in respect of appeals from the High Court Division:
Provided further that no appeal under this article shall be lodged after the expiration of the period of ninety days from the commencement of this Constitution.

8: Election Commission.
  1. The Election Commission existing immediately before the date of commencement of this Constitution, shall, as from that date be deemed to be the Election Commission established by this Constitution.
  2. The person holding office as Chief Election Commissioner, and every person holding office as Election Commissioner, immediately before the date of the commencement of this Constitution, shall, as from that date, hold office as if appointed to such office under this Constitution.

9: Public Service Commission.
  1. The public service commissions existing immediately before the date of the commencement of this Constitution, shall as from that date, be deemed to be public service commissions established under this Constitution.
  2. Every person holding office as chairman or other member of a public service commission immediately before the date of the commencement of this Constitution, shall, as from that date hold office as if appointed to that office under Constitution.

10: Public service.

1. Subject to this Constitution and to any other law-
  • any person who immediately before the commencement of this Constitution was in the service of the Republic shall continue in that service on the same terms and conditions as were applicable to him immediately before such commencement;
  • all authorities and all officers, judicial, executive and ministerial throughout Bangladesh exercising functions immediately before the commencement of this Constitution, shall, as from such commencement, continue to exercise their respective functions.
2. Nothing in sub-paragraph (1) of this paragraph shall-
  • derogate from the continued operation of the Government of Bangladesh (Services) Order, 1972 (P.O. No. 9 of 1972), or the Government of Bangladesh (Services Screening) Order, 1972 (P.O. No. 67 of 1972);
  • prevent the making of any law varying or revoking the conditions of service (including remuneration, leave, person rights and rights relating to disciplinary matters) of persons employed at any time before the commencement of this Constitution or of person continuing in the service of the Republic under the provisions of the paragraph.
11: Oaths for continuance in office.

Any person who, under this Schedule, is continued in an office in respect of which a form of oath or affirmation is set out in the Third Schedule shall, as soon as practicable after the commencement of this Constitution, make and subscribe before the appropriate person an oath or affirmation in that form.

12. Taxation.
All taxes and fees imposed under any law in force in Bangladesh immediately before the commencement of this Constitution shall continue to be imposed but may be varied or abolished by law.

13. Interim financial arrangements.
Unless Parliament otherwise resolves, the Provisions of articles 87, 89, 90 and 91 of this Constitution shall not have effect in respect of the financial year current at the commencement of this Constitution, and expenditure defrayed during that year out of the Consolidated Fund or the Public Account of the Republic shall be deemed to have been validly incurred:
Provided that the President shall, as soon as is practicable, cause a statement of all such expenditure, authenticated by his signature, to be laid before Parliament.

14. Audit of past accounts.
The powers of the Comptroller and Auditor-General under this Constitution shall apply in respect of all accounts relating to the financial year current at the commencement of this condition and to earlier years and the reports of the Comptroller and Auditor-General relating to such accounts shall be submitted to the President who shall cause them to be laid before Parliament. Audit of Past Accounts.

15.Property, assets, rights, liabilities and obligations of the Government.
  1. All property, assets and rights which immediately before the commencement of this Constitution were vested in the Government of the People's Republic of Bangladesh or any person or authority on its behalf shall vest in the Republic.
  2. All liabilities and obligations of the Government of the Republic as they existed immediately before the commencement of this Constitution shall continue to be the liabilities and obligations of the Republic.
  3. No liability or obligation of any other government which at any time functioned in the territory of Bangladesh is or shall be a liability or obligation of the Republic unless it is expressly accepted by the Government of the Republic.
16. Adaptation of laws and removal of difficulties.

  1. For the purpose of bringing the provisions of any law in force in Bangladesh into conformity with this Constitution the President may, within the period of two years from the commencement of this Constitution, by order, amend or suspend the operation of such provisions and any order so made may have retrospective effect. Adaptation of laws and removal of difficulties.
  2. The President may, for the purpose of removing any difficulties in relation to the transition from the provisional constitutional arrangements existing before the commencement of this Constitution to the arrangements under this Constitution by order, direct that this Constitution shall, during such period as may be specified in the order, have effect subject to such adaptations, whether by way of modification, addition or omission, as he may deem necessary or expedient:
  3. Provided that no such order shall be made after the first meeting of the Parliament constituted under this Constitution.
  4. Every order made under this paragraph shall have effect notwithstanding any other provision of this Constitution, shall be laid before Parliament, and may be amended or revoked by Act of Parliament.
17. Ratification and confirmation of Proclamations, etc.

All Proclamations, Proclamation Orders, Marital Law Regulations, Martial Law Orders and other laws made during the period between the 15th August, 1975, and the 9th April, 1979 (both days inclusive), all amendments, additions, modifications, substitutions and omissions made in this Constitution during the said period by any such Proclamation, all orders made, acts and things done, and actions and proceedings taken, or purported to have been made, done or taken, by any person or authority during the said period in exercise of the powers derived or purported to have been derived from any such Proclamation, Martial Law Regulation, Marital Law Order or any other law, or in execution of or in compliance with any order made or sentence passed by any court, tribunal or authority in the exercise or purported exercise of such powers, are hereby ratified and confirmed and are declared to have been validly made, done or taken and shall not be called in question in or before any court, tribunal or authority on any ground whatsoever.

18. Ratification and confirmation of the Proclamation of the 24th March, 1982, etc.
  1. The Proclamation of the 24th March, 1982 hereinafter in this paragraph referred to as the said Proclamation, and all other Proclamations, Procal-mation Order, Chief Marital Law Administrator's Orders, Martial Law Regulations, Martial Law Orders, Martial Law Instructions, Ordinances and all other laws made during the period between the 24th March, 1982, and the date of commencement of the Constitution (Seventh Amendment) Act, 1986 (Act 1 of 1986) (both days inclusive), hereinafter in this paragraph referred to as the said period, are hereby retified and confirmed and declared to have been validly made and shall not be called in question in or before any court, tribunal or authority on any ground whatsoever.
  2. All orders made, acts and things done, and actions and proceedings taken, or purported to have been made, done or taken, by the President or the Chief Martial Law Administrator or by any other person or authority during the said period, in exercise or purported exercise of the powers derived from the said Proclamation or from any other Proclamation, Proclamation Order, Chief martial Law Administrator's Order, Martial Law Regulation, Martial Law Order, Martial Law Instruction, Ordinance or any other Law, or in execution of or in compliance with any order made or sentence passed by any court, tribunal or authority in the exercise or purported exercise of such powers, shall be deemed to have been validly made, done or taken and shall not be called in question in or before any court, tribunal or authority on any ground whatsoever.
  3. No suit, prosecution or other legal proceedings shall lie in any court or tribunal against any person or authority for or on account of or in respect of any order made, act or thing done, or action or proceedings taken whether in the exercise or purported exercise of the powers referred to in sub-paragraph (2) or in exercise or purported exercise or such powers.
  4. All appointments made during the said period to any office mentioned in the Third Schedule shall be deemed to have been validly made and shall not be called in question in or before any court, tribunal or authority on any ground whatsoever, and any person appointed under this said Proclamation to any such office during the said period and holding such office immediately before the date of commencement of the Constitution (Seventh Amendment) Act, 1986 (Act I of 1986), hereinafter in this paragraph referred to as the said Act shall, as from that date hold such office as if appointed to that office under this Constitution; and shall, as soon as practicable after that date, make and subscribe before the appropriate person and oath or affirmation in the form set out in the Third Schedule.
  5. All appointments made by the Chief Martial law Administrator during the said period to any office or post which is continuing after the date of commencement of the said Act shall, as from that date, be deemed to be appointments made by the President.
  6. All Ordinances and other laws in force immediately before the date of commencement of the said Act shall, subject to the Proclamation revoking the said Proclamation and withdrawing the Martial Law, continue in force until altered, amended or repealed by competent authority.
  7. Upon the revocation of the said Proclamation and withdrawal of martial Law, this Constitution shall stand fully revived and restored and shall, subject to the provisions of this paragraph, have effect and operate as if it had never been suspended.
  8. The revocation of the said Proclamation and withdrawal of Martial Law shall not revive or restore any right or privilege which was not existing at the time of such revocation and withdrawal.
  9. The General Clauses Act, 1987, shall apply to the said Proclamation, and all other Proclamations, Proclamation Orders, Chief Martial Law Administrator's Orders, Martial Law Regulations, Martial Law orders and Martial Law instructions made during the said period and also to the revocation of the said Proclamation and other Proclamations and the repeal of the said Proclamation Orders, Chief Martial Law Administrator's Order, Martial Law Regulations, Martial Law Orders and Martial Law Instructions as it applies to, and to the repeal of, an Act of Parliament Orders, Chief Martial Law Administrator's Orders, Martial Law Regulations, Martial Law Orders and Martial Law Instructions and the Proclamation revoking the said Proclamation were all Acts of Parliament.
  10. In this paragraph, "law" includes rules, regulations, bye-laws, orders, notifications and other instruments having the force of law
19. Ratification and confirmation of the appointment of Vice-President, etc.
  1. The appointment of, and the administration of oath to the Chief Justice of Bangladesh as Vice-President on the 21st day of Agrahayan, 1397 B.S. corresponding to the 6th day of December, 1990 and the resignation tendered to him by the then President and all powers exercised, all laws and Ordinances made and all orders made, acts and things done, and actions taken, or purported to have been made, done or taken by the said Vice-President acting as President during the period between the 21st day of Agrahayan, 1397 B.S. corresponding to the 6th day of December, 1990 and the date of commencement of the Constitution (Eleventh Amendment) Act, 1991 (Act No. XXIV of 1991) (both days inclusive) or till the new President elected under article 48(I) of the Constitution has entered upon his office (whichever is later), are hereby ratified and confirmed and declared to have been validly made, administered, tendered, exercised, done and taken according to law.
  2. The said Vice-President shall, after the commencement of the Constitution (Eleventh Amendment) Act, 1991 (Act No. XXIV of 1991), and after the new President elected under this Constitution has entered upon his office, be eligible to resume the duties and responsibilities of the Chief Justice of Bangladesh and the period between the 21st day of Agrahayan, 1397 B.S. corresponding to the 6th day of December, 1990 and the date of which he resumes such duties and responsibilities shall be deemed to be the period of actual service within the meaning of section 2(a) of the Supreme Court Judges (Leave, Pension and Privileges) Ordinance, 1982 (Ordinance No. XX of 1982)
  3. 22:Notwithstanding anything contained in the Constitution, the Parliament functioning immediately before the commencement of the Constitution functioning immediately before the commencement of the Constitution (Twelfth Amendment) Act, 1991 (Act No. XXVIII of 1991) shall be deemed to have been duly elected and constituted in accordance with the Constitution and Law and shall continue to function under the provisions of article 72 of the Constitution.