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Biman, Desa, BTTB fate hangs in balance

JS might not ratify ordinances that made them PLCs; LGC ordinance also not among 53 picked to be made law

Shakhawat Liton
The fate of three public limited companies (PLC) hangs in the balance, as the ordinances promulgated by the immediate past caretaker government that transformed those into companies from government agencies, might not be ratified by the new parliament.
The PLCs in jeopardy are Biman Bangladesh Airlines, Dhaka Electricity Supply Authority (Desa), and Bangladesh Telegraph and Telephone Board (BTTB).
Recently formed Local Government Commission (LGC) might also not be able to continue to exist to oversee the functions of local governments, as the ordinance establishing it failed to obtain recommendation of the special committee of parliament for ratification as well.
The Anti-Corruption Commission (ACC), and Bangladesh Telecommunication Regulatory Commission (BTRC) might also lose some of their controversial powers, as the two
ordinances that empowered those with the powers might also not be ratified.
The four ordinances on the PLCs and LGC are not among the 53 ordinances picked by the parliamentary special committee for ratification.
In consultation with eminent jurists, the special committee scrutinised the 53 ordinances, and recommended the law ministry to take necessary steps for turning them into bills to be placed in the parliament for making them into permanent laws.
Contacted by The Daily Star yesterday. Advocate Rahmat Ali, chief of the special committee, said the committee did not pick the ordinances that turned the government agencies into PLCs for ratification, because those were promulgated unconstitutionally.
"Now, if the government thinks, the organisations should be run as public limited companies, then it will have to enact new laws to that effect," Rahmat Ali added. He said the government agencies that were transformed into PLCs will automatically return to their previous status, on expiry of the effectiveness of the ordinances, if they are not ratified.
The immediate past caretaker government led by Fakhruddin Ahmed claimed that it turned the three government agencies into PLCs and recast them organisationally in an effort to improve their efficiency.
In order to do that, the interim government had to amend Bangladesh Biman Corporation Ordinance 1977, Bangladesh Telegraph and Telephone Board Ordinance 1979, and Dhaka Electricity Supply Authority Act 1990.
Absolute control of ministries concerned over the three former government agencies was largely reduced by the amendments, by empowering the PLCs' boards to run the companies independently.
The caretaker government also set up a three-member LGC last year through an ordinance, in an effort to strengthen the system of local governments.
It also amended the ACC Act in 2007, providing the anti-graft watchdog with the authority to arrest an accused, and making the offences under the act non-bailable.
At the vety end of its regime, the caretaker government on December 22 last year amended the Telecom Act too. making BTRC extraordinarily powerful by curtailing telecommunication ministry's monitoring power over it. The finance ministry earlier however had rejected BTRC's proposal to amend the act for making it more powerful and financially independent.
The caretaker govemmertt's amendment gave BTRC the authority to call in law enforces at any time to arrest without a warrant any person violating the act. According to the amendment, BTRC may also recruit manpower and fix their salaries according to its own wish without notifying related
government bodies.
Another ordinance titled 'Prohibition of Prejudicial Act, Etc' which amended the much talked about Special Powers Act 1947, might also not be ratified.
The new provision in the act says no person shall act prejudicially, and if any person does so, he or she shall be punished with imprisonment for a term which may extend to five years, or with fine, or both.
Now the ordinances need to be ratified by the parliament to continue to exist as laws. According to the constitutional provisions, all 122 ordinances promulgated just before and during the regime of the immediate past military backed caretaker government, were introduced to the parliament on January 25 this year, for its consideration for ratification.
The ordinances that will fail to get ratification within 30 days of their introduction to the parliament will automatically become ineffective.
FIFTYTHREE ORDINANCES RECOMMENDED FOR RATIFICATION
Sylhet Metropolitan Police Ordinance. 2006, Barisal Metropolitan Police Ordinance 2006, Code of Criminal Procedure (amendment) Ordinance 2007, Code of Criminal Procedure (second amendment) Ordinance 2007, Criminal Law (amendment) Ordinance 2007. Finance Ordinance 2007, Consolidated Fund Ordinance 2007. Consolidated Fund (advanced grants and specification) Ordinance 2007, Padma Multipurpose Bridge Project (land requisition) Ordinance 2007, Anti-Money Laundering (amendment) Ordinance 2007, Electoral Rolls Ordinance 2007, Bangladesh Flag Vessels (protection) (amendment) Ordinance 2007, President's (remuneration and privileges) (amendment) Ordinance 2007, Paurashava (amendment) Ordinance 2007, Chittagong City Corporation (amendment) Ordinance 2007, Dhaka City Corporation (amendment) Ordinance 2007, Khulna City Corporation (amendment) Ordinance 2007,
Rajshahi City Corporation (amendment) Ordinance 2007, Sylhet City Corporation (amendment) Ordinance 2007, Barisal City Corporation (amendment) Ordinance 2007, Mobile Court Ordinance 2007. Income Tax (amendment) Ordinance 2007, EPZ Labour Organisation and Industrial Relation (amendment) Ordinance 2007, Money Loan Court (amendment) Ordinance 2007, National Human Rights Commission Ordinance 2007, Acid Control (amendment) Ordinance 2007, Income Tax (second amendment) Ordinance 2007, Income Tax (amendment) Ordinance 2008, Trade Mark Ordinance 2008, Election Commission Secretariat Ordinance 2008, Anti-Money Laundering Ordinance 2008, Income Tax (second amendment) Ordinance 2008, Bangladesh University of Professionals Ordinance 2008, Anti-Terrorism Ordinance 2008, Local Government (upazila parishad) Ordinance 2008. Finance Ordinance 2008. Specification Ordinance 2008. Specification (supplementary) Ordinance 2008. Rangpur University Ordinance 2008, Representation of die People Order (amendment) Ordinance 2008, Representation of die People Order (second amendment) Ordinance 2008, Representation of the People Order (third amendment) Ordinance 2008. Consumers Right Protection Ordinance 2008, Right to Information Ordinance 2008, Bangladesh Laws (revision and declaration) (amendment) Ordinance 2008, Local Government (paurashava) (amendment) Ordinance 2008, Local Government (upazila parishad) (amendment) Ordinance 2008, Emergency Powers (repeal) Ordinance 2008, the Citizenship (amendment) Ordinance 2008, Public Money and Budget Management Ordinance 2008, Supreme Court Judges' (remuneration and privileges) (amendment) Ordinance 2008, Bangladesh Economic Region Ordinance 2008. and Trade Mark (amendment) Ordinance 2009.