TASNIM NUSRAT REZA

In the year of 2021, a good number of laws were amended in the National Parliament of Bangladesh in order to cope with the onslaught in connection with the ongoing Covid-19 pandemic. Several new laws were also passed in the fields of higher education, public health, religious practices, child welfare, finance, public transport and communication, tourism, evidence law, election law and so on. In the paragraphs that follow, a brief discussion is made focusing the important laws which were either amended or passed in the Parliament.

Due to the Covid-19 pandemic, educational institutions in Bangladesh were closed since March 2020. To facilitate the Higher Secondary Certificate (HSC) and Secondary School Certificate (SSC) examinations, the Parliament enacted the Intermediate & Secondary Education (Amendment) Act, 2021. For equivalent examinations of other Boards, the Parliament also enacted the Bangladesh Technical Education Board (Amendment) Act, 2021 and the Bangladesh Madrasah Education Board (Amendment) Act, 2021. As per the amended provisions, in case of any difficulty in relation to conducting or holding examination at the end of the Intermediate and Secondary stage or equivalent examinations of the Technical and Vocational Board or the Madrasah Board due to pandemic, epidemic, Act of God or for any other inevitable circumstances as determined by the Government from time to time, the Government may issue instructions for assessment to grant certificates without holding examination or holding examination with short syllabus, in the prescribed manner, for the students of the particular year.

The Bangladesh Travel Agencies (Registration and Control) Act, 2013 was amended to include travel by water, land route and air within the meaning of travel. Under section 7, an extension of six months was given beyond the period given for renewal of license of travel agencies. Besides, some substitutions were brought in section 8 for the purpose of handing over of certificate in occasion of death of registration holder or other health issues incapacitating the same to conduct the formalities of the travel agency or for other reasons as the registration authority deems fit.

The Civil Courts Act, 1887 was amended to bring changes in the pecuniary jurisdictions of the courts. As per the amended section 19, the pecuniary jurisdiction of an Assistant Judge is up to BDT 15 lac and a Senior Assistant Judge is above BDT 15 lac and up to BDT 25 lac. Section 21 was amended to state that, appeals from the Court of Joint District Judge would lay to the District Judge if the suit valuation was not above BDT 5 crore. If the suit valuation was above BDT 5 crore, it would have to be filed before the High Court Division.

The Bangladesh House Building Finance Corporation Order, 1973 was amended to include granting of loans for purchasing of apartments and flats.  The paid-up capital and the authorised capital were also increased.

The Bangladesh Legal Practitioners and Bar Council Order, 1972 was amended to allow the formation and operation of an Ad-Hoc Bar Council in the event elections could not be held due to pandemic, epidemic, Act of God, or any other unavoidable circumstances.

The Parliament brought an amendment to the Power and Energy Increase of Quick Supply (Special Provisions) Act, 2010, to increase the time of the quick rental power plants from 11 years to 16 years.

The Parliament amended the Territorial Waters and Maritime Zones Act, 1974 to make it more time befitting. The Act was given an extraterritorial application. It also contained penal provisions for maritime pollution and other offenses within the territorial waters, continental shelf, and exclusive economic zone of Bangladesh. The Act also stated that the photographs and videos could be used as evidence.

The Banker’s Book Evidence Act, 1891 was repealed to introduce provisions for digital evidence and the new Act defined the jurisdiction of the courts, which was completely absent in the previous Act.

The Parliament passed the Hajj & Umrah Management Act, 2021 making it mandatory for Hajj & Umrah agencies to have registration. The Act also empowered the Government to slap fines on the agencies and/or cancel their registration if they committed irregularities. Provisions for filing criminal proceedings for mismanagement in Hajj and Umrah were also included in the Act.

In addition, the Parliament enacted the following laws: the Child Daycare Centre Act, 2021; the Bangladesh Children’s Hospital and Institute Act, 2021; the Bangladesh Film Artists Welfare Trust Act, 2021; the Kurigram Agriculture University Act, 2021; the Sheikh Hasina Medical University Khulna Act, 2021; the Prevention of the Iodine Deficiency Diseases Act, 2021 (repealing the Act of 1989); the Highways Act, 1925 (repealing the Act of 1925); the House of the Nation Election Constituencies Delimitation Act, 2021 (repealing the Delimitation of Constituencies Ordinance, 1976); the Bangladesh National Archives Act, 2021 (repealing the National Archives Ordinance, 1983); the Leader and Deputy Leader of Opposition (Remuneration and Privileges) Act, 2021 (repealing the Ordinance of 1979); the Special Security Force Act, 2021 (repealing the Ordinance of 1986); the Bangladesh Tour Operators and Tour Guides (Registration and Operation) Act, 2021; the Supreme Court Judges (Remuneration and Privileges) Act, 2021; and the Supreme Court Judges (Travelling Allowance) Act, 2021.

THE WRITER IS A STUDENT OF LAW, UNIVERSITY OF DHAKA.