Print View
NOW, THEREFORE, 3[in pursuance of] paragraph 3 of the Fourth Schedule to the Constitution of the People’s Republic of Bangladesh and in exercise of all powers enabling him in that behalf, the President is pleased to make the following Order:-
2. In this Order, unless there is anything repugnant in the subject or context:-
(a) “Board” means the Board of Directors of the Corporation;
(b) “Borrower” means any person or persons or body of persons whether incorporated or not to whom a loan is made by the Corporation for the construction, repair or remodelling of a house;
4[(bb) “Chairman” means the Chairman of the Board; ]
(c) “Corporation” means the Bangladesh House Building Finance Corporation established under this Order;
5[(cc) “Director” means a Director of the Board;]
(d) “Government” means the Government of the People's Republic of Bangladesh;
(e) “House” means any building intended for human habitation together with the land upon which it is situated and may comprise of one or more 6[flats, apartments or other] housing units, and structures appurtenant thereto;
7[* * * ]
(f) “Managing Director” means the Managing Director appointed under Article 6 of this Order;
(g) “Order” means the Bangladesh House Building Finance Corporation Order, 1973; and
(h) “Prescribed” means prescribed by rules or regulations under this Order.
8[2A. Notwithstanding anything contained in any other law for the time being in force, the provisions of this Order shall prevail.]
9[4. (1) The authorized capital of the Corporation shall be taka one thousand crores to be subscribed by the Government from time to time :
Provided that the Government may, from time to time, by notification in the official gazette, increase the authorized capital of the Corporation.
(2) The paid-up capital of the Corporation shall be taka five hundred crores to be subscribed and increased by the government from time to time.]
11[6A. The Board may, as and when required, delegate any of its powers under this Order or the rules or regulations to the Managing Director or any Director or any officer of the Corporation.]
12[ 7. The Board of the Corporation shall consist of the following Directors, namely :-
a) the Chairman;
b) the Managing Director;
c) a representative, not below the rank of a Joint Secretary, to be nominated by the Finance Division of the Ministry of Finance;
d) a representative, not below the rank of a Joint Secretary, to be nominated by the Financial Institutions Division of the Ministry of Finance;
e) a representative, not below the rank of a Joint Secretary, to be nominated by the Ministry of Housing and Public works;
f) an Additional Chief Engineer to be nominated by the Ministry of Housing and Public works; and
g) a Professional Accountant to be appointed by the Government.]
13[8. A Director shall hold office during the pleasure of the Government.]
14[9. (1) No person shall be or shall continue to be a Chairman or Director who-
(a) is not a citizen of Bangladesh;
(b) is subject to a disqualification imposed by or under any law for the time being in force to hold any public office;
(c) is or has at any time been convicted of an offence involving moral turpitude;
(d) is or has at any time been adjudged insolvent;
(e) is found to be a lunatic or becomes of unsound mind; or
(f) is or has been absent from three consecutive meetings of the Board without leave of absence of the Government in the case of Chairman or of the Chairman in the case of a Director.
(2) The Government may remove the Chairman or any Director from the Board, if-
(a) he refuses, or fails to discharge, or becomes, in the opinion of the Government, incapable of discharging his responsibilities under this Order;
(b) the government is satisfied that he is abusing or has abused his powers; and
(c) he has knowingly acquired or continued to hold, without the permission in writing of the Government, directly or indirectly or through a partner any share or interest in any contract or employment with or by or on behalf of the corporation, or in any land or property which, in his knowledge, is likely to benefit him or has benefited him as a result of the operation of the Corporation.
15[***]
16[10A. (1) The Chairman shall be appointed by the Government on such terms and conditions as may be determined by it.
(2) If a vacancy occurs in the office of the Chairman or if the Chairman is unable to discharge the functions of his office on account of absence, illness or any other causes, the Government shall appoint a person for discharging the functions of the Chairman until a newly appointed Chairman has taken over or until the Chairman has resumed his duties.]
17[11. (1) The Government may appoint such number of Deputy Managing Director and of General Manager as per the organogram of the Corporation and the terms and conditions of their services shall be determined by it.
(2) The Corporation may appoint such number of officers and employees as it may consider necessary for the efficient performance of its functions, according to the organogram approved by the Government and the terms and conditions of their services shall be prescribed by regulations.]
19[13. (1) Subject to other provisions of this Article, the Board may determine the rules of procedures of its meeting.
(2) The meeting of the Board shall be held at such time and place, as may be determined by the Chairman :
Provided that at least one meeting of the Board shall be held in every 3 (three) months :
Provided further that emergency meeting of the Board may be convened with a short notice.
(3) The Chairman shall preside over the meeting of the Board and if for any reason, the office of the Chairman is vacant or he is unable to be present at a meeting, a Director, other than the Managing Director, nominated by the Directors present, shall preside over the meeting.
(4) At a meeting of the Board, each Director present shall have one vote and in the event of an equality of votes, the Chairman shall have a second or casting vote.
(5) No Director shall vote on any matter in which he is directly or indirectly interested.
(6) To constitute a quorum at a meeting of the Board, at least 4 (Four) Directors shall have to be present :
Provided that no quorum will be required for an adjourned meeting.
(7) No act or proceeding of the Board shall be invalid or be called in question merely on the ground of any vacancy in, or any defect in the constitution of, the Borad or any error in the appointment of the Directors.]
15. The Corporation shall have its Head Office at Dacca and shall establish Zonal, Regional and Sub-Regional Offices and 20[Branch offices] at such places as the Board, with the concurrence of the Government may determine.
21[16. The Corporation may open its deposit accounts with any Scheduled Bank or Banks as may be decided by the Managing Director.
Explanation.-“Scheduled Bank” means Scheduled Bank as defined in Article 2 (j) of the Bangladesh Bank Order, 1972 (P.O. No. 127 of 1972).]
22[18. (1) The Corporation may, for the purpose of carrying out its functions, raise fund in the following manners, namely :-
(a) accepting deposits or any other fund in such terms and conditions as may be determined by the Government; and
(b) with the prior approval of the Government, raise funds by issuing bonds and debentures carrying interest at such rates as may be approved by the Government :
Provided that the total amount due by the Corporation on such bonds and debentures and on other liabilities, contingent or otherwise of the Corporation, shall not at any time be allowed to exceed fifteen times of the aggregate amount of the paid-up share capital and the reserve fund of the Corporation.
(2) The repayment of the principal and the payment of interest due on the bonds and debentures issued by the Corporation shall be guaranteed by the Government.]
23[19. The Corporation may, for the purpose of carrying out its functions, take loan in the follwing manners, namely :-
(a) taking long-term loan from the Government on such terms and conditions as may be determined by the Government;
(b) taking loans from Bangladesh Bank or any other nationalized or foreign bank or financial institutions with the prior approval of the Government; and
(c) receiving refinance and other loan facilities from the Bangladesh Bank for the purpose of expanding its loan activity.]
24[19A. The Corporation may, for the purpose of this Order, subject to the approval of the Board, enter into Agreements or Memorandum of Understanding (MoU) with domestic institutions, and upon prior approval of the Government, with the international banks or financial institutions.]
20. Subject to the provisions of this Order, the Corporation may grant loans to borrowers for the purpose of constructing, repairing and remodelling houses 25[or purchasing flats or apartments].
21. 26[(1) No loan shall be made unless it is fully secured by a mortgage, hypothecation or assignment of the land and the house to be constructed, repaired, purchased or remodeled thereon or by such other immovable or movable property of the borrower or of his surety or of both as may be prescribed :
Provided that where the land on which the house is proposed to construct, repair or remodel, is held by the borrower not as owner but as lessee or in any other legal capacity, then, notwithstanding anything to the contrary contained in any other law for the time being in force, loan may be made against the security of such land and the house to be constructed, repaired, purchased and remodeled thereon.
(2) All loans shall be made in suitable installments concomitant with the construction, repair or remodel of the house or in one installment for purchasing flats or apartments.]
(3) No property shall be accepted as security unless it is free from all encumbrances and charges, and it shall be one of the terms upon which the loan shall be made that the property and the house in respect of which the loan is made shall not be sold or charged without the prior approval of the Corporation 27[and any sale, transfer made or charge or encumbrance created without the approval of the Corporation in respect of such property shall be null and void].
28[(4) Notwithstanding anything contained in clause (3), the Corporation may, subject to the maximum limit fixed by Government, from time to time, grant additional loans to any borrower on the security of any property already mortgaged with the Corporation, and offered by the borrower and accepted by the Corporation as security for the purpose.
(5) No loan shall be made to any borrower unless he or, where the borrower is more than one person, any one or more of such persons is a member of a registered Housing Society, or unless the borrower satisfies the Corporation that the terms upon which he had acquired the land on which the house was to be constructed, repaired, purchased or remodeled, or the terms of the lease under which the land was made available were satisfactory and that the area in which the house was to be situated had been adequately planned.
(6) No loan shall be made unless the Corporation is satisfied-
(a) that the borrower will be able to provide the necessary funds which to be added to the loan made by the Corporation, that cover the entire cost of the construction, repairing, purchasing or remodeling of the house;
(b) that the borrower or his surety or both as the case may be and where the borrower is more than one person, any one or more of such persons or their sureties, will have sufficient means to repay the loan during the prescribed period in the prescribed manner; and
(c) that adequate care has been taken to ensure that the house would be of an economical and suitable design and of a sound construction, and of a type which would assure a minimum of practicable expenditure for repairs and maintenance during the term of the loan.].
(7) Before accepting any movable or immovable property as security, due allowance shall be made for depreciation and probable fall in value and whenever such property is found to fall in value below the margin allowed, additional security shall be obtained.
(8) The loan shall be repayable in monthly instalments sufficient to cover the principal and the interest in such manner as may be prescribed.
(9) No loan shall be given for a period exceeding 29[32] years.
(10) The rate of interest chargeable on loans made by the Corporation shall be determined by the Government from time to time.
(11) Every agreement between the borrower and the Corporation shall provide for the period within which the construction, repairing or remodelling of the house shall be commenced and completed.
(12) No information given by any person applying for financial assistance and communicated to any of the Directors or employees of the Corporation shall be disclosed by or used by such Directors or employees except for the lawful purposes of the Corporation without the written consent of such person.
(13) No loan shall be given to any 30[borrower unless he] conforms to such conditions as may be prescribed.
31[***]
27. (1) Where by reason of the breach of any agreement by the borrower the Corporation becomes entitled to require the immediate payment of the amount due by the borrower to the Corporation, any officer of the Corporation authorised generally or specially by the Board in this behalf may apply to the District Judge within the local limits of whose jurisdiction the borrower's house is situated for any one or more of the following reliefs, namely:-
(a) an order for the sale of any property or properties pledged, mortgaged, hypothecated or assigned to the Corporation as security for the sums due by the borrower;
(b) for an injunction restraining the borrower or his surety from in any manner removing, transferring or disposing of any of the properties referred to in sub-clause (a);
(c) for an ad-interim attachment attaching the properties referred to in sub-clause (a) above and such other properties of the borrower or his surety as in the opinion of the District Judge were sufficient to cover the claim of the Corporation against the borrower including costs and interest.
(2) An application under clause (1) shall state the nature and extent of the liability of the borrower and his surety to the Corporation, the grounds on which it is made and such other particulars as may be prescribed.
(3) The District Judge may if he thinks fit hear the applicant and where the reliefs mentioned in sub-clauses (b) and (c) of clause (1) are prayed for in the application shall pass ad-interim orders granting such reliefs as in the opinion of the District Judge are sufficient to safeguard the full claim of the Corporation against the borrower.
(4) At the time of passing his orders under clause (3) the District Judge shall order notice of the application to issue to the borrower and his surety together with copies of the applications, the order passed by the District Judge under clause (3), and any evidence which may have been recorded at the time of the order under clause (3), calling upon the borrower and his surety to show cause on a date to be specified in the notice, why the interim orders passed should not be confirmed and the reliefs sought in the application be granted.
(5) If no cause is shown on or before the date specified in the notice under clause (4), the District Judge shall dispose of the application.
(6) If the borrower and his surety appear and show cause, the District Judge shall grant them and the Corporation reasonable opportunity to produce their evidence relating to the reliefs claimed in the application, and after considering such evidence and hearing the parties, the District Judge shall pass his orders disposing of the application.
(7) When passing his order under clause (5) or clause (6), the District Judge shall-
(a) record his finding as to the amount due by the borrower to the Corporation, and the interest payable thereon;
(b) direct or refuse to direct the sale of the properties attached;
(c) confirm, discharge or vary any ad-interim orders passed restraining the borrower and his surety or attaching their properties; and
(d) pass any other incidental orders.
(8) No order passed by the District Judge ordering the release of any property of the borrower or his surety from attachment shall be given effect to until after the expiry of 30 days from the date of that order except with the written consent of the Corporation, or where an appeal has been preferred to the High Court Division, under the orders of the High Court Division.
(9) An order under this Article for the 36[attachment or sale] of property shall be carried into effect as far as may be in the manner provided in the Code of Civil Procedure, 1908, for the 37[attachment or sale] of property in execution of a decree as if the Corporation were the decree-holder.
(10) Any party aggrieved by an order under clause (5) or clause (6) may within thirty days from the date of the order appeal to the High Court Division, and upon such appeal the High Court Division may after hearing the parties pass such orders as it thinks proper.
38[Explanation.- For the purpose of this Article, “District Judge” includes Additional District Judge. ]
39[29A. For the purpose of the Income-tax Ordinance, 1984 (Ordinance No. XXXVI of 1984), the Corporation shall be deemed to be a Company within the meaning of that Ordinance, and shall be liable to Income-tax and minimum tax accordingly on its income, profits and gains.]
40[30. (1) The Corporation shall maintain its accounts and prepare and annual statement of accounts.
(2) The Comptroller and Auditor-General of Bangladesh, hereinafter referred to as the Auditor-General shall audit the accounts of the Corporation each year and shall submit audit reports in accordance with the provisions of existing law in Bangladesh.
(3) Notwithstanding the audit done by the Auditor-General under clause (2), the accounts of the Corporation may be audited by two chartered accountants defined in Article 2 (1) (b) of the Bangladesh Chartered Accountants Order, 1973 (P.O. No. II of 1973) and for this purpose, the Government may appoint one or more Chartered Accountants and the Corporation shall provide their honorarium as may be decided by the Government.
(4) For the purpose of the audit, the Auditor-General or any person authorized by him in this behalf or the Chartered Accountant appointed under clause (3) may have access to all records, documents, cash or deposits in bank, securities, stores and other property of the Corporation and may examine the director or any employee of the Corporation.
(5) After completion of the audit, the Chartered Accountant appointed under clause (3), shall submit the audit report to the Government, Corporation and relevant agencies, where applicable.]
41[31. (1) The Corporation shall, within 6 (six) months of the ending of a financial year, furnish to the Government an annual statement on the conduct of its affairs for that year.
(2) The Government may require the Corporation to furnish any report, statement or other information regarding any matter under the control of the Corporation and it shall comply with every such requisition.]
35. 42[ (1) Whoever willfully makes a false statement or intentionally uses any false statement for the purpose of obtaining a loan from the Corporation or of inducing the Corporation to accept security of any form or kind shall be punishable with imprisonment for a term which may extend to five years or fine which may extend to five lakh taka or with both.
(2) Whoever without the consent in writing of the Corporation uses the name of the Corporation in any prospectus or advertisement shall be punishable with imprisonment for a term which may extend to six month or with fine which may extend to fifty thousand taka or with both.
(3) Whoever being a director or employee of the Corporation contravenes his declaration of fidelity and secrecy, shall be punishable with imprisonment for a term not exceeding one year or with fine which may extend to taka one lakh or with both.]
(4) Whoever being a member of the Board discloses or uses for a purpose not connected with the discharge of his duties as a member of the Board any information supplied to the Corporation or to the Board by a person applying for financial assistance shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to one thousand Taka or with both.
(5) No Court shall take cognizance of any offence punishable under this Order otherwise than on a complaint in writing signed by an officer of the Corporation authorised by the Board in this behalf.
43[35A. (1) Offences committed under this Order shall be non-cognizable.
(2) Offences committed under this Order shall be bailable except the offence specified in clause (1) of Article 35.
35B. The provisions of the Code of Criminal Procedure, 1898 (Act No. V of 1898) shall apply for filing a complaint, investigation, trial, appeal and other relevant matters under this Order.
35C. Notwithstanding anything contained in section 32 of the Code of Criminal Procedure, 1898 (Act No. V of 1898), a first class magistrate or a Metropolitan Magistrate, as the case may be, may impose the fine specified in the relevant Articles of this Order.
46[37A. If any difficulty arises in giving effect to any provision of this Order, the Government may, by order and in consistence with the provisions of this Order, take necessary measures for removing such difficulty.]
48[38A. The Government may, by notification in the official gazette, publish an Authentic Bangla text of this Order.]