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

( PRESIDENT'S ORDER NO. 129 OF 1972 )

16. (1) The Bank may carry on and transact all kinds of banking business.
 
 
 
 
(2) Without prejudice to the generality of the foregoing provision, the Bank may, in particular, carry on and transact the following kinds of business, namely:-
 
 
 
 
(i) advancing and lending of money, and opening of cash credits for the specific purpose of assisting an industrial concern upon the security of-
 
 
 
 
(a) stocks, funds and securities in which a trustee is authorised to invest trust money by any law for the time being in force;
 
 
 
 
(b) debentures or other securities or money issued under the authority of any law for the time being in force or under the authority of the Government;
 
 
 
 
(c) goods and machinery which, or the documents of title to which, are deposited with, or assigned to, the Bank as security for such advances, loans or credits;
 
 
 
 
(d) debentures of companies with limited liability, subject to such directions as may be issued by the Board;
 
 
 
 
(e) shares of companies with limited liability with the prior approval of the Board;
 
 
 
 
(f) accepted bills of exchange and promissory notes endorsed by the payees and joint and several promissory notes to two or more persons or firms unconnected with each other in general partnership;
 
 
 
 
(g) immovable property or such documents of title relating to immovable property as have been deposited with, or assigned to, the Bank; and
 
 
 
 
(h) goods, including tea crops and raw or finished jute products, which are hypothecated to the Bank as security for such advances, loans or credits:
 
 
Provided that no security shall be necessary in the case of advances or loans guaranteed by the Government;
 
 
 
 
(ii) guaranteeing loans, debts and credits raised or incurred by, or granted to, an industrial concern and repayable within a period not exceeding twenty years 1[:
 
 
 
 
Provided that the Board may, where considered necessary, extend the period of repayment exceeding twenty years;]
 
 
 
 
(iii) granting loans to, or subscribing to debentures of, industrial concerns, such loans or debentures being repayable within a period not exceeding twenty years from the date on which they are granted or subscribed to, as the case may be 2[:
 
 
 
 
Provided that the Board may, where considered necessary, extend the period of repayment exceeding twenty years;]
 
 
 
 
(iv) selling and realisation of proceeds of sale of any promissory notes, debentures, stock receipts, bonds, annuities, stocks, shares, securities, goods or immovable properties which, or the documents relating to which, have been deposited with, or pledged, hypothecated, assigned or transferred to the bank as security for such advances, loans or credits, or which are held by the Bank or over which the Bank is entitled to any lien or charge in respect of any such advances, loans or credits or any debt or claim of the Bank, and which have not been redeemed in due time in accordance with the terms and conditions, if any, of such deposit, pledge, hypothecation, assignment or transfer;
 
 
 
 
(v) investing of funds of the Bank upon any of the securities specified in paragraphs (a), (b), (d) and (e) of sub clause (i) of clause (2) or in the units of a Unit Trust and converting the same into money when required, and transposing, altering and converting investment upon such securities or in such units for or into any other investment and selling and mortgaging any such securities or units;
 
 
(vi) giving of call loans which are commonly known as inter bank call loans to banks;
 
 
 
 
(vii) receiving of deposits and keeping cash accounts:
 
 
 
 
3[ * * * ]
 
 
 
 
(viii) accepting charge of title deeds, plate, jewels or other valuable goods;
 
 
 
 
(ix) selling and realising of all property whether movable or immovable which may in any way come into possession of the bank in satisfaction or part satisfaction of any its claims, and the acquisition and holding of, and generally the dealing with, any right, title or interest in any property movable or immovable which is the security for any advance or loan made or guaranteed by the Bank connected with any such security;
 
 
 
 
(x) transacting of pecuniary agency business on commission and the entering into contracts of indemnity, suretyship or guarantee with specific security or otherwise;
 
 
 
 
(xi) underwriting the issue of stock, bonds or debentures by industrial concerns;
 
 
 
 
(xii) receiving and recovering such commission as may be agreed upon in consideration of any guarantee or underwriting;
 
 
 
 
(xiii) acquiring and retaining as part of its assets any stock, shares, bonds or debentures which it may have to take up in discharge of any liability incurred through underwriting any issue;
 
 
 
 
(xiv) drawing, accepting, discounting, buying and selling of bills of exchange and other negotiable instruments;
 
 
 
 
(xv) buying of bills of exchange payable outside Bangladesh;
 
 
 
 
(xvi) issuing of letters of credit;
 
 
 
 
(xvii) drawings of bills of exchange and the granting of letters of credit payable outside Bangladesh;
 
 
 
 
(xviii) borrowing of money for the purpose of its business and giving of security for money so borrowed by pledging assets or otherwise;
 
 
 
 
(xix) acquiring, maintaining and transferring its residential and business premises;
 
 
 
 
(xx) taking over, running and selling of such industrial concerns as have failed to repay in full the loan taken from the Bank;
 
 
 
 
(xxi) subscribing directly to the stock of any industrial concern;
 
 
 
 
(xxii) subsidising from time to time of the provident or other funds created for the benefit of its employees;
 
 
 
 
(xxiii) appointing of agents in or outside Bangladesh for transacting pecuniary business on commission;
 
 
 
 
(xxiv) carrying out of survey and research of industries and maintaining statistics relating thereto;
 
 
 
 
(xxv) administering as agent to the Government for such loans and in such manner as the Government may direct;
 
 
 
 
(xxvi) converting of any loan into equity at the option of the Bank;
 
 
 
 
(xxvii) extending of equity support for supplementing the capital resources of industrial concerns in Bangladesh through outright purchase of equity;
 
 
 
 
(xxviii) underwriting, managing and distributing the issue of stocks and shares of industrial concerns in Bangladesh either singly or in conjunction with other financial institutions;
 
 
 
 
(xxix) facilitating investment by selling new share floatations of companies without underwriting obligations;
 
 
 
 
(xxx) purchasing or otherwise acquiring, owning, selling, transferring and exchanging any tangible and intangible, movable or immovable property or any rights, title or interest in such property acquired for the conduct of its business;
 
 
 
 
(xxxi) accepting and furnishing any lien, charge, hypothecation or mortgage of any tangible or intangible, movable or immovable property or assets in the conduct of its business;
 
 
 
 
(xxxii) selling of shares acquired or held by it through stock exchanges in Bangladesh or by private negotiations required for revolving its funds or for any other purpose;
 
 
 
 
(xxxiii) entering into agreements and contracts and executing such documents as may be considered necessary for the discharge of its functions;
 
 
 
 
(xxxiv) receiving and paying commissions, fees and brokerage in connection with its business;
 
 
 
 
4[(xxxv) appointing attorneys, lawyers, counsels, consultants and agents;]
 
 
 
 
(xxxvi) acquiring, retaining and disposing of assets of any type in satisfaction of its claims;
 
 
 
 
(xxxvii) doing of all such acts and things as may be incidental or subsidiary to transacting any of the aforesaid business, including foreign exchange business; and
 
 
 
 
(xxxviii) doing of such other acts and things in furtherance of the purposes of this Order as the Government may, from time to time, direct.

  • 1
    The colon (:) was substituted for the semi-colon (;) and thereafter the proviso was added by section 3 of the Bangladesh Shilpa Bank (Amendment) Ordinance, 1976 (Ordinance No. XXIII of 1976)
  • 2
    The colon (:) was substituted for the semi-colon (;) and thereafter the proviso was added by section 3 of the Bangladesh Shilpa Bank (Amendment) Ordinance, 1976 (Ordinance No. XXIII of 1976)
  • 3
    The proviso was omitted by section 2 of the Bangladesh Shilpa Bank (Amendment) Ordinance, 1984 (Ordinance No. VI of 1984)
  • 4
    Sub-clause (xxxv) was substituted by section 9 of the Bangladesh Shilpa Bank (Amendment) Act, 1987 (Act No. XVIII of 1987)
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