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The Bangladesh Bank Order, 1972 (President's Order)

( PRESIDENT'S ORDER NO. 127 OF 1972 )

Chapter III

BUSINESS AND FUNCTIONS OF THE BANK

16. The Bank is authorised to carry on and transact the several kinds of business hereinafter specified, namely:-
 
1[ (1) The accepting of money on deposit from and the collection of money for the Government, foreign Governments, domestic and foreign banks, domestic and foreign financial institutions and local authorities with or without interest.]
 
2[ * * *]
 
(2) (a) The purchase, sale and rediscount of bills of exchange and promissory notes drawn on and payable in Bangladesh and arising out of bona fide commercial or trade transactions bearing two or more good signatures one of which shall be that of a scheduled bank, and maturing within one hundred eighty days, from the date of such purchase or rediscount, exclusive of days of grace;
 
(b) The purchase, sale and rediscount of bills of exchange and promissory notes, drawn on and payable in Bangladesh and bearing two or more good signatures one of which shall be that of a scheduled bank or the apex co-operative bank and drawn or issued for the purpose of financing seasonal agricultural operations or the marketing of crops, and maturing within fifteen months from the date of such purchase or rediscount exclusive of days of grace;
 
Explanation - For the purpose of this sub-clause-
 
3[ (i) The expression ‘agricultural operations' include cultivation of crops, plantation, agricultural machineries and implements, fertilizers and pesticides, fishing, pisciculture, animal husbandry, forestry, horticulture and allied activities;]
 
(ii) “crops” include products of agricultural operations;
 
(iii) the expression “marketing of crops” includes the processing of crops prior to marketing by agricultural producers or any organisation of such producers;
 
(c) The purchase, sale and rediscount of bills of exchange and promissory notes drawn on and payable in Bangladesh and bearing two or more good signatures, one of which shall be that of the apex co-operative bank or a financial corporation and drawn or issued for the purpose of financing the production or marketing activities of cottage and small scale industries approved by the Bank and maturing within eighteen months from the date of such purchase or rediscount, exclusive of days of grace:
 
Provided that the payment of the principal and interest of such bills of exchange or promissory notes is guaranteed by the Government to the satisfaction of the Bank.
 
(d) The making to a corporation declared eligible by the Government in consultation with the Bank of loans and advances-
 
(i) repayable on demand or on the expiry of fixed periods not exceeding ninety days from the date of such loan or advance, against securities of the Government; or
 
(ii) repayable on the expiry of fixed periods not exceeding eighteen months from the date of such loan or advance, against securities of the Government of any maturity, or against bonds and debentures issued by the Corporation to which the loan or advance is made, and guaranteed by the Government and maturing within a period not exceeding eighteen months from the date of such loan or advance;
 
(e) The purchase, sale and rediscount of bills of exchange and promissory notes drawn on and payable in Bangladesh and bearing the signature of a scheduled bank, and issued or drawn for the purpose of holding or trading in securities of the Government and maturing within ninety days from the date of such purchase or rediscount, exclusive of days of grace;
 
(f) The purchase, sale and rediscount of bills of exchange and promissory notes drawn on and payable in Bangladesh and bearing two or more good signatures one of which shall be that of a scheduled bank or the apex co-operative Bank or any corporation approved by the Government and having as one of its objects the making of loans and advances in cash or kind, drawn and issued for financing the development of agriculture, or of agricultural or animal produce or the needs of industry, having maturities not exceeding ten years from the date of such purchase or rediscount:
 
Provided that the Bank may from time to time issue to a corporation which may have dealings with the Bank under this sub-clause any directions which can by issued to a banking company under the 4[ ব্যাংক কোম্পানী আইন, ১৯৯১ (১৯৯১ সনের ১৪ নং আইন)], and in the event of anybody, while carrying out any direction hereunder, either wilfully making a false statement or wilfully omitting to make material statement shall be punishable under 5[ sub-section (2) of section 109 of the said Act of 1991], and in the event of any contravention or default in compliance with any direction, any Director or Officer who is knowingly a party to the contravention or default shall be punishable under 6[ sub-section (7) of section of the said section], and the provisions of 7[ section 111 of the said Act] shall apply to such proceedings as if such corporation were a banking company;
 
 
(g) The purchase, sale and rediscount of such Government guaranteed debentures issued by a public company or corporation established by or under any law for the time being in force as the Bank may from time to time approve in this behalf;
 
(h) To guarantee, to the extent the Bank deems fit, issue of loans and debentures by the scheduled banks or financial institutions to rural credit institutions.
 
(i) To guarantee funds of scheduled banks in agricultural credit operations to the extent the bank deems fit.
 
(3) (a) The purchase and sale of approved foreign exchange;
 
(b) The purchase, sale and rediscount of bills of exchange including treasury bills drawn in or on any place in countries whose currency has been declared as approved foreign exchange and maturing within one hundred and eighty days from the date of purchase:
 
Provided that no such purchase, sale or rediscount shall be made in Bangladesh except with a scheduled bank;
 
(c) The keeping of balances with banks in countries whose currency has been declared as approved foreign exchange;
 
8[ (d) subject to the approval of the Board the placing of balances abroad with asset management companies of global standing and reputation for investment in countries whose currencies have been declared as approved foreign exchange:
 
Provided that the placement under this clause shall not exceed 25 percent of the balance kept abroad.]
 
(4) The making to local Authorities, scheduled banks or co-operative banks of advances and loans repayable on demand or on the expiry of fixed periods not exceeding ninety days against the security of-
 
(a) stocks, funds and securities, other than immovable property, in which a trustee is authorised to invest trust money by any law for the time being in force in Bangladesh;
 
(b) gold or silver or documents of title to the same;
 
(c) such bills of exchange and promissory notes as are eligible for purchase or rediscount by the bank; and
 
(d) promissory notes of any scheduled bank supported by documents of title relating to goods, such documents having been transferred, assigned or pledged to any such bank as security, for a cash credit or overdraft granted for bona fide commercial or trade transactions or for the purpose of financing seasonal agricultural operations or the marketing of crops;
 
(5) The making of loans and advances out of the Rural Credit Fund established under Article 60 for the purposes specified therein;
 
(6) The making of loans and advances out of the Agricultural Credit Stabilisation Fund established under Article 61 for the purposes specified therein;
 
(7) The making of loans and advances out of the Industrial Credit Fund established under Article 62 for the purposes specified therein;
 
(8) The making of loans and advances out of the Export Credit Fund established under Article 63 for the purposes specified therein;
 
(9) The making to the Government of advances repayable in each case not later than three months from the date of the making of the advance;
 
(10) The making to institutions or banks, specially established for the purpose of promoting agricultural or industrial development in the country or co-operative banks of advances and loans for such amounts and on such terms and conditions as the Board may decide from time to time;
 
(11) The purchase holding and sale of shares and debentures of any company or corporation or institution as may be decided in consultation with the Government;
 
(12) The issue and purchase of telegraphic transfers, demand drafts and other kinds of remittances made payable at its own branches, offices or agencies;
 
(13) The drawing, accepting, making and issue, on its own account or on account of the Government, as the case may be, of any bill of exchange, hundi, promissory note or engagement for the payment within or without Bangladesh, of Bangladesh or foreign currency payable to bearer or to a banker on demand; but no such business shall be carried on or transacted without the previous approval of the Government;
 
9[ (13A) The issue of its own negotiable securities on such rate of interest as the Bank may decide;]
 
(14) (a) Subject to sub-clause (b) the purchases and sale of securities of countries whose currency has been declared as approved foreign exchange with an unexpired currency of not more than ten years;
 
(b) The restrictions relating to maturity shall not apply to securities held by the Bank on the date on which this Order comes into force or any securities that may be received as assets including those transferred to and vested in the Bank under Article 5;
 
(15) (a) The purchase and sale of securities of the Government, or of such securities of a Local Authority as may be specified in this behalf by the Government by notification in the official Gazette on the recommendation of the Board;
 
(b) Securities, Debentures and Shares fully guaranteed as to principal and interest by the Government shall be deemed for the purpose of this clause to be securities of the Government;
 
(c) The amount of such securities held at any time in the Banking Department shall be so regulated that the total value of such securities shall not exceed the aggregate amount of the capital of the Bank, the Reserve Fund and four-fifths of the Liabilities of the Banking Department in respect of deposits;
 
(16) The custody of monies, securities and other articles of value and the collection of the proceeds, whether principal, interest or dividends of any such securities;
 
(17) The sale and realisation of all property, whether movable or immovable which may in any way come into the possession of the Bank in satisfaction, or part satisfaction of any of its claims;
 
(18) The acting as agent to the Government, or any Local Authority in the transaction of any of the following kinds of business, namely:-
 
(a) the purchase and sale of gold or silver or approved foreign exchange;
 
 
(b) the purchase, sale, transfer and custody of bills of exchange, securities or shares in any company;
 
(c) the collection of the proceeds, whether principal, interest or dividends, or any securities or shares;
 
(d) the remittance of such proceeds at the risk of the principal, by bills of exchange payable either in Bangladesh or elsewhere;
 
(e) and the management of public debt;
 
(19) The purchase and sale of gold coin and gold or silver bullion;
 
(20) The opening of an account with or the making of any agency arrangement with, and the acting as agent or correspondent of a bank incorporated in any country outside Bangladesh or the principal currency authority of any country under the law for the time being in force in that country or any international or regional bank formed by such principal currency authorities, and the investing of the funds of the Bank in the shares and securities of any such international or regional bank;
 
10[ (21) (a) Subject to sub-clauses (b) and (c), the borrowing of money for the purpose of business of the Bank and the giving of security for money so borrowed;
 
(b) No money shall be borrowed under this clause from any person in Bangladesh other than a scheduled bank for a period exceeding three months and an amount not at any time exceeding the amount of the capital of the Bank;
 
(c) No money shall be borrowed under this clause from any foreign national in or outside Bangladesh other than foreign and international banks, companies, institutions or concerns;]
 
(22) The making and issue of bank notes subject to the provisions of this Order;
 
(23) The performance of the functions of the Bank under the International Financial Organisations Order, 1972;
 
(24) Establish credits and give guarantees; and
 
(25) The exercise of powers and functions and the performance of duties entrusted to the Bank under this Order or under any other law for the time being in force;
 
(26) Generally, the doing of all such matters and things as may be necessary, incidental to or consequential upon the exercise of its powers or the discharge of its duties or functions under this Order.
17. (1) Where, in the opinion of the Board or of the Governor, circumstances so warrant, the Bank may, notwithstanding any limitation contained in sub-clauses (a) and (b) of clause (2) or sub-clauses (a) and (b) of clause (3) or clause (4) of Article 16-
 
 
(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.
 
 
(2) Notwithstanding anything to the contrary contained in any other law for the time being in force, where a banking company, to which an advance or loan has been made under the provisions of sub-clause (b) of clause (1) is wound up, any sum due to the Bank in respect of such advance or loan shall, subject only to the claims, if any, of any other banking company in respect of any prior claim or advance made by such banking company against any security, be a first charge on the assets of the banking company.
11[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.]
19. The Bank shall not, except as authorised under this Order-
 
 
(1) engage in trade or otherwise have a direct interest in any commercial, industrial or other undertaking except such interest as it may in any way acquire in the course of the satisfaction of any of its claims, but all such interest shall be disposed of at the earliest possible moment;
 
 
12[* * *]
 
 
(3) advance money on the mortgage, or otherwise on the security, of immovable property or documents of title relating thereto, except where such advance is made to any of its employees for building or purchasing a house for his personal use against the security of the house;
 
 
 
 
(4) become the owner of any immovable property except where ownership is necessary for the use of such property by the Bank, or for the residence, recreation or welfare of its employees;
 
 
(5) make unsecured advances and loans;
 
 
(6) draw or accept bills payable otherwise than on demand; and
 
 
13[ * * * ]
20. (1) The Bank shall undertake to accept monies for account of the Government, and to make payments up to the amount standing to the credit of their accounts and to carry out its exchange, remittance and other banking operations, including the management of the public debt.
 
 
(2) (a) The Government shall entrust the Bank, on such conditions as may be agreed upon between the Government and the Bank, with all their money, remittance, and banking transactions in Bangladesh, and, in particular, shall deposit free of interest all its cash balances with the Bank.
 
 
(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.
 
 
(3) In the event of any failure to reach agreement on the conditions referred to in this Article, the Government shall decide the conditions and its decision shall be final.
 
 
(4) Any agreement made under this Article shall be laid, as soon as may be after it is made, before the Legislature.
21. 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.
14[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.]
23. (1) The Bank shall have the sole right to issue Bank Notes made payable to bearer on demand in Bangladesh in accordance with the provisions hereinafter made.
 
 
(2) Any person contravening this authority or committing any other offence specified in Article 35 shall be liable to the penalties mentioned therein.
24. (1) Subject to the provisions of clause (2) all Bank Notes, Coins and Currency Notes and those which were in circulation in Bangladesh on the appointed day shall continue to be legal tender at any place in Bangladesh for the amount expressed therein and shall be guaranteed by the Government.
 
 
(2) On the recommendation of the Board, the Government may, by notification in the official Gazette, declare that with effect from such date as may be specified in the notification, any series of Bank Notes of any denomination shall cease to be legal tender save at such offices, branches and agencies, if any, of the Bank as may be specified in the notification.
25. 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.
26. (1) The issue of Bank Notes shall be conducted by the Bank in an Issue Department which shall be separated and kept wholly distinct from the Banking Department and the assets of the Issue Department shall not be subject to any liability other than the liabilities of the Issue Department as defined in Article 32.
 
 
 
 
(2) The Issue Department shall not issue Bank Notes to the Banking Department or to any person except in exchange for other Bank Notes or for such coin, bullion, approved foreign exchange or securities as are permitted under this Order to form part of the assets of the Issue Department.
27. 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.
28. The Bank shall not reissue Bank Notes which are torn, defaced or excessively soiled.
29. 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.
30. (1) The assets of the Issue Department shall not be less than the total of its liabilities and shall be maintained as follows:-
 
 
(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 15[, Asian Monetary Units 16[, 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.
 
 
17[(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.]
 
 
(3) Of the gold coin and gold or silver bullion held as assets not less than seventeen-twentieths shall be held in the custody of the Bank including its branches, offices or agencies, and the gold or silver belonging to the Bank which is in any other bank or in any mint or treasury or in transit may be reckoned as part of the assets.
 
 
(4) For the purposes of this Article the approved foreign exchange which may be held as part of the assets shall be in any of the following forms, namely:-
 
 
(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.
 
 
(5) Restrictions relating to maturity shall not apply to securities mentioned in clause (4) held by the Bank on the appointed day or any securities transferred to and vested in the Bank under Article 5.
31. 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, 18[Special Drawing Rights, Asian Monetary Units 19[, Islamic Dinars]] or approved foreign exchange of less aggregate amount than that required by sub-clause 20[(a)] of clause (1) of Article 30.
32. (1) The liabilities of the Issue Department shall be an amount equal to the total of the amount of the Bank Notes for the time being in circulation.
 
 
(2) For the purposes of this Article any Bank Note which has not been presented for payment within forty years from the first day of July following the date of its issue shall be deemed not to be in circulation and the value thereof shall notwithstanding anything contained in clause (2) of Article 26 be paid by the Issue Department to the Banking Department; but any such Bank Note if subsequently presented for payment, shall be paid by the Banking Department.
33. (1) The Bank shall issue Taka coin on demand in exchange for Bank Notes and Bank Notes on demand in exchange for coin which is legal tender in Bangladesh.
 
 
 
 
(2) The Bank shall in exchange for Bank Notes of 21[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.
 
 
(3) The Government shall take over from the Bank at such times and in such quantities as the Bank may, with the previous approval of the Government, determine Taka coins which are not required for purposes of circulation against payment.
34. 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.
35. (1) No person in Bangladesh other than the Bank or as expressly authorised by this Order, the Government shall draw, accept, make or issue any Bill of Exchange, Hundi, Promissory Note or engagement for the payment of money payable to bearer on demand, or borrow, owe or take up any sum or sums of money on the Bills, Hundis or Notes payable to bearer on demand of any such persons, but such cheques, or Drafts, including Hundi, payable to bearer on demand or otherwise may be drawn on a person's account with a banker.
 
 
(2) Notwithstanding anything contained in the 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.
 
 
(3) Any person contravening the provision of this Article shall be punishable upon conviction with fine which may extend to double the amount of the Bill, Hundi, Promissory Note or engagement in respect whereof the offence is committed.
 
 
(4) No prosecution under this Article shall be instituted except on complaint made in writing on behalf of the Bank.
36. 22[(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.
 
 
(2) Based on the monetary policy objectives pursued by the Bank, it shall prescribe from time to time the terms and conditions of admissibility of interest, and the rate of interest, on the required minimum balances and/or on amounts in excess of the required minimum balances.]
 
 
23[ * * * ]
 
 
(3) Every scheduled bank shall send to the Bank returns signed by two responsible officers of such bank containing such information as may be deemed necessary for carrying out the purposes and objects of this Order at such periods of time as the Bank may from time to time direct.
 
 
24[(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.]
 
 
(5) When under the provisions of clause (4) penal interest 25[* * *] 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 26[Taka one lakh] and with a further fine which may extend to 27[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 28[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.
 
 
29[* * *]
 
 
(6) Any scheduled bank failing to comply with the provisions of clause (3) shall by order of the Bank be liable to pay to the Bank a penalty of 30[Taka twenty five thousand] for each day during which the failure continues.
 
 
(7) Whoever in any return under this Article wilfully or recklessly makes a statement false in any material particular or wilfully or recklessly omits to state a material particular shall by order of the Bank be punishable with fine which may extend to 31[Taka ten lakh] in respect of each such return.
 
 
(8) The penalties imposed by clauses (4), (5), (6) and (7) shall be payable on demand made by the Bank and in the event to refusal by the defaulting bank, director or officer to pay on such demand, may be levied by a direction of the Civil Court having jurisdiction in the area where an office of the defaulting bank is situated, such direction being made only upon application made in this behalf to the Court by the Bank, with the previous sanction of the Government.
37. (1) The Bank shall maintain at all its offices and branches on up-to-date a list of banks declared by it to be scheduled banks under sub-clause (a) of clause (2).
 
(2) The Bank shall, by notification, in the official Gazette-
 
(a) declare any bank to be scheduled bank which is carrying on the business of banking in Bangladesh and which-
 
(i) is a banking company 32[ * * *], or a co-operative bank, or a corporation or a company incorporated by or established under any law in force in any place in or outside Bangladesh;
 
(ii) has a paid-up capital and reserves of an aggregate value of 33[ an amount not less than that required to be maintained under ধারা ১৩ of ব্যাংক কোম্পানী আইন, ১৯৯১ (১৯৯১ সনের ১৪ নং আইন):
 
Provided that in the case of a co-operative bank, an exception may be made by the Bank;
 
(iii) satisfies the Bank that its affairs are not being conducted in a manner detrimental to the interests of its depositors;
 
34[ (b) Direct the de-scheduling of any scheduled Bank which-
 
(i) ceases to fulfill the requirements mentioned in sub-clause (a) or goes into liquidation or otherwise wholly or partly ceases to carry on banking business; or
 
(ii) in the opinion of the Bank, is conducting its business in a manner detrimental to the interests of its depositors:
 
Provided that the Bank may, on application of the scheduled bank concerned and subject to such conditions, if any, as it may impose, defer the making of a direction under sub-clause (b) for such period as the bank considers reasonable to give the scheduled bank an opportunity of fulfilling the requirements mentioned in paragraphs (ii) and (iii) of clause (a);]
 
(c) alter the description in the list of scheduled banks whenever any scheduled bank changes its name.
 
 
Explanation - In clause (2) the expression “value” means the real or exchangeable and not the nominal value of the capital and reserves and the valuation made by the Bank shall be final.
38. 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.
35[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.]
36[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.]
40. (1) The Bank shall prepare and transmit to the Government a weekly account of the Issue Department and of the Banking Department in such form as the Government may, by notification in the official Gazette direct. The Government shall cause these accounts to be published weekly in the official Gazette.
 
 
(2) The Bank shall also, within two months from the date on which the annual accounts of the Bank are closed, transmit to the Government a copy of the annual accounts signed by the Governor, the Deputy Governor, if any, and the Chief Accounting Officer of the Bank, and certified by the Auditors together with a report by the Board on the working of the Bank throughout the year, and the Government shall cause such accounts and report to be published in the official Gazette.
41. (1) No suit or other legal proceedings shall lie against the Bank or any of its Officer for anything which is in good faith done or intended to be done in pursuance of Article 36 or Article 37 or Article 38 or Article 39 or Article 40 or in pursuance of the provisions of Chapter IV.
 
 
(2) No suit or other legal proceedings shall lie against the Bank or any of its Officers for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of Article 36 or Article 37 or Article 38 or Article 39 or Article 40, or in pursuance of the provisions of Chapter IV.

  • 1
    Clause (1) was substituted by section 10 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)
  • 2
    Clause (1A) was omitted by section 10 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)
  • 3
    Sub-clause (i) of the Explanation was substituted by section 10 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)
  • 4
    The words, comma, figures and brackets ”ব্যাংক কোম্পানী আইন, ১৯৯১ (১৯৯১ সনের ১৪ নং আইন)”were substituted for the words, comma, figures and brackets “Banking Companies Ordinance, 1962 (LVII of 1962)” by section 10 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)
  • 5
    The words, brackets and figures “sub-section (2) of section 109 of the said Act of 1991” were substituted for the words, brackets and figures “sub-section (1) of section 83 of the said Ordinance” by section 10 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)
  • 6
    The words, brackets and figure “sub-section (7) of section of the said section” were substituted for the words, brackets and figure “sub-section (5) of section of the said Ordinance” by section 10 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003).
  • 7
    The words and figure “section 111 of the said Act” were substituted for the words and figure “section 84 of the said Ordinance” by section 10 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)
  • 8
    Sub-clause (d) was added by section 10 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)
  • 9
    Clause (13A) was inserted by section 2 of the Bangladesh Bank (Amendment) Act, 1990 (Act No. XVII of 1990)
  • 10
    Clause (21) was substituted by section 2 of the Bangladesh Bank (Amendment) Ordinance, 1982 (Ordinance No. XXV of 1982)
  • 11
    Article 18 was substituted by section 11 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)
  • 12
    Clause (2) was omitted by section 12 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)
  • 13
    Clause (7) was omitted by section 5 of the Bangladesh Bank (Amendment) Act, 1975 (Act No. XXXIII of 1975)
  • 14
    Article 22 was substituted by section 13 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)
  • 15
    The comma and words “, Asian Monetary Units” were inserted by section 2 of the Bangladesh Bank (Amendment) Act, 1974 (Act No. LXXII of 1974)
  • 16
    The comma and words “, Islamic Dinars” were inserted by section 6 of the Bangladesh Bank (Amendment) Act, 1975 (Act No. XXXIII of 1975)
  • 17
    Clause (2) was substituted by section 2 of the Bangladesh Bank (Second Amendment) Ordinance, 1978 (Ordinance No. XLI of 1978)
  • 18
    The words and commas “Special Drawing Rights, Asian Monetary Units,” were inserted by section 3 of the Bangladesh Bank (Amendment) Act, 1974 (Act No. LXXII of 1974)
  • 19
    The comma and words “, Islamic Dinars” were inserted by section 7 of the Bangladesh Bank (Amendment) Act, 1975 (Act No. XXXIII of 1975)
  • 20
    The brackets and letter “(a)” were substituted for the brackets and figure “(2)” by section 3 of the Bangladesh Bank (Amendment) Act, 1974 (Act No. LXXII of 1974)
  • 21
    The word “ten” was substituted for the word “five” by section 3 of the Bangladesh Bank (Amendment) Act, 1989 (Act No. I of 1989)
  • 22
    Clauses (1) and (2) were substituted by section 14 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)
  • 23
    Clauses (2A) and (2B) were omitted by section 14 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)
  • 24
    Clause (4) was substituted by section 14 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)
  • 25
    The words “at the increased rate of five per cent above the Bank Rate” were omitted by section 14 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)
  • 26
    The words “Taka one lakh” were substituted for the words “Taka five hundred” by section 14 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)
  • 27
    The words “Taka one lakh” were substituted for the words “Taka five hundred” by section 14 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)
  • 28
    The words “Taka one lakh” were substituted for the words “Taka five hundred” by section 14 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)
  • 29
    The Explanation was omitted by section 14 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)
  • 30
    The words “Taka twenty five thousand” were substituted for the words “Taka one hundred” by section 14 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)
  • 31
    The words “Taka ten lakh” were substituted for the words “Taka one thousand” by section 14 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)
  • 32
    The words, brackets, figures and comma “as defined in clause (c) of section 5 of the Banking Companies Ordinance, 1962” were omitted by section 15 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)
  • 33
    The words, figures, comma and brackets “an amount not less than that required to be maintained under ধারা ১৩ of ব্যাংক কোম্পানী আইন, ১৯৯১ (১৯৯১ সনের ১৪ নং আইন)"were substituted for the words “not less than Taka fifty lakhs” by section 14 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)
  • 34
    Sub-clause (b) was substituted by section 15 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)
  • 35
    Article 38A was inserted by section 16 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)
  • 36
    Article 39 was substituted by section 17 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)
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Ministry of Law, Justice and Parliamentary Affairs