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2. In this Order, unless there is anything repugnant in the subject or context,-
(a) “Board” means the Board of Directors of the Corporation;
1[(b) “Chairman” means the Chairman of the Corporation;]
(c) “Corporation” means the Bangladesh Parjatan Corporation established by this Order;
(d) “Director” means a Director of the Corporation;
(e) “domestic tourist” means any person of Bangladesh travelling within the country for the purpose of recreation or education or health;
(f) “Government” means Government of the People's Republic of Bangladesh;
(g) “Prescribed” means prescribed by rules or regulations made under this Order;
2[(gg) “President” means President of the Board;]
3[(h) “regulations” means regulations made under this Order;
(i) "rules"means rules made under this Order;
(j) “tourist” means a person who leaves his ordinary place of residence for a new place and stays there for a period not exceeding 1 (one) year for leisure, recreation, business or for any other reason, except for the purpose of employment for earning.”]
4[2A. Notwithstanding anything contained in any other law for the time being in force relating to tourism, the provisions of this Order shall prevail.]
4. (1) The Head Office of the Corporation shall be at 5[Dhaka].
(2) The Corporation may establish office, branches or agencies at any other place in or outside Bangladesh.
5. (1) It shall be the function of the Corporation to promote and develop tourism, provide facilities, undertake measures and carry out all forms of activities connected with or ancillary to tourism.
(2) Without prejudice to the generality of the foregoing provision, the Corporation shall, in particular, have power-
(a) to promote tourist undertakings and to control and regulate tourist installations and services;
(b) to project the image of Bangladesh abroad for the purpose of attracting tourist by publicising history and culture of the country;
(c) to organize reception and information facilities in or outside Bangladesh;
(d) to encourage and develop domestic tourism;
(e) to promote any organisation, in or outside Bangladesh, for the purpose of engaging in any activity falling within the
functions of the corporation, or, with the previous approval of the Government, to associate with any such organisation;
(f) to enter into tourism agreement with foreign countries with the previous approval of the Government;
(g) to conduct and carry out research on various aspects of tourism;
(h) to publish literature on tourism;
(i) to acquire, establish, construct, arrange, provide and run hotels, restaurants, rest houses, picnic spots, camping sites, theatres, amusement parks, casinos and facilities for water skiing and entertainment for tourist;
6[(ii) to operate and manage duty free shops;]
(j) to establish Travel Agency and/or work as agents for railways, shipping companies, airlines, waterways, road transport, for organizing group tours;
(k) to organize shikar agencies and undertake all activities for promotion of Safari tourism and maintain game sanctuaries and game reserves, fish hatcheries and fowl breeding farms.
(l) to establish institutes or make other arrangements for instruction and training of persons engaged or likely to be engaged in any activity connected with or ancillary to tourism;
(m) to acquire, hold or dispose of any property whether movable or immovable;
(n) to invest its moneys and funds and to vary the investments as and when it may seem necessary or proper;
(o) to do all other things connected with or ancillary to any of the matters referred to in the foregoing sub clauses;
(p) to carry out any other functions as may be prescribed.
6. (1) The authorised capital of the Corporation shall be 7[one thousand crore Taka], to be subscribed by the Government, in the manner determined by the Government according to the requirements of the Corporation.
(2) The initial share capital shall be 8[four hundred crore Taka] fully paid up and subscribed by the Government.
(3) Notwithstanding anything contained in clause (1), the Corporation may, for carrying on all or any of its functions have separate capital raised by loan or grant from, or in such manner as may be approved by, the Government.
9[8. There shall be a Board of Directors of the Corporation which shall consist of the following Directors, namely:-
(a) a person to be nominated by the Government for such period and terms and conditions as the Government may determine, who shall also be its President;
(b) Chairman of the Corporation;
(c) an officer not below the rank of Joint Secretary to be nominated by the Ministry of Civil Aviation and Tourism;
(d) an officer not below the rank of Joint Secretary to be nominated by the National Board of Revenue;
(e) an officer not below the rank of Joint Secretary to be nominated by the Legislative and Parliamentary Affairs Division;
(f) an officer not below the rank of Joint Secretary to be nominated by the Public Security Division;
(g) an officer not below the rank of Joint Secretary to be nominated by the Ministry of Environment, Forest and Climate Change;
(h) two Directors of the Corporation to be appointed by the Government;
(i) two representatives to be nominated by the Government from non-government organizations who are directly and institutionally associated with the tourism industry.]
10[9.(1) There shall be a Chairman and such number of Directors of the Corporation, as the Government may determine.
(2) The Chairman shall be the Chief Executive of the Corporation.
(3) The Chairman and the Directors shall be appointed by the Government for such period and on such terms and conditions as may be determined.
(4) The Chairman and the Directors shall be whole-time officers of the Corporation and shall exercise functions and discharge such duties as may be prescribed.]
10. No person shall be or shall continue to be a 11[Chairman and a] Director who,-
(a) is or at any time has been adjudicated insolvent;
(b) is found to be a lunatic or of unsound mind;
(c) is or at any time has been convicted of any offence which, in the opinion of the Government, is an offence involving moral turpitude;
(d) is a minor; 12[***]
13[(e) is declared as a defaulter by a competent court in repaying any loan taken by him from any bank or financial institutions;
(f) is engaged in any profession or business connected with the interest of the corporation directly or indirectly; or
(g) absents himself from 3 (three) consecutive meetings without reasonable excuse, the Government may remove him by an order.]
11. (1) The meetings of the Board shall be held at such times and at such places as may be prescribed:
Provided that until rules are made in that behalf such meetings of the Board shall be convened by the 14[President of the Board of Directors].
(2) To constitute a quorum at a meeting of the Board the 15[President of the Board of Directors] and at least 16[five Directors] shall be present.
(3) At a meeting of the Board each 17[Director of the Board] shall have one vote, and in the event of equality of votes the 18[President of the Board of Directors] shall have a second or casting vote.
(4) If for any reason the 19[President of the Board of Directors] is unable to be present at a meeting of the Board, a 20[Director of the Board] authorised in writing by the 21[President of the Board of Directors] shall preside at the meeting.
16. (1) The Corporation shall maintain proper accounts and shall prepare annual statement of accounts, including the profit and loss account and balance sheet, in accordance with such general directions as may be issued, and in such form as may be prescribed, by the Government.
(2) The accounts of the Corporation shall be audited by not less than two auditors, being chartered accountants within the meaning of the 22[Bangladesh Chartered Accountants Order, 1973 (President’s Order No. 2 of 1972)], who shall be appointed by the Government.
(3) Every auditor appointed under clause (2) shall be given a copy of the annual balance sheet and other accounts of the Corporation together with the account books and vouchers relating thereto for examination and shall, at all reasonable times, have access to the books, accounts and other documents of the Corporation and may in connection with such accounts examine any Director or officer of the Corporation.
(4) The auditors shall report to the Government upon the annual balance sheet and the accounts and on any ancillary matter connected therewith.
(5) The Government, at any time, may issue directions to the auditors requiring them to report to it upon the adequacy of measure taken by the Corporation for the protection of the interests of the Government or upon the sufficiency of their procedure in auditing the affairs of the Corporation and may, at any time, enlarge or extend the scope of the audit or direct that different procedure in audit shall be adopted or that any other examination shall be made by the auditors or any other persons if, in its opinion, the interest of the Government so requires.