THE CONSTITUTION OF THE PEOPLE’S REPUBLIC OF BANGLADESH

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PART XI
MISCELLANEOUS

 
  Interpretation  
152. (1) In this Constitution, except where the subject or context otherwise requires –



“administrative unit” means a district or other area designated by law for the purposes of article 59;



1[ * * *]



2[ "the Appellate Division" means the Appellate Division of the Supreme Court;]



“article” means an article of this Constitution;



“borrowing” includes the raising of money by annuity, and “loan” shall be construed accordingly;



“the capital” has the meaning assigned to that expression in article 5;



3[ * * *]



“Chief Election Commissioner” means a person appointed to that office under article 118;



4[ “The Chief Justice” means the Chief Justice of Bangladesh;]

“citizen” means a person who is a citizen of Bangladesh according to the law relating to citizenship;



“clause” means a clause of the article in which the expression occurs;



5[ “court” means any court of law including Supreme Court;]



“debt” includes any liability in respect of any obligation to repay capital sums by way of annuities and any liability under any guarantee, and “debt charge” shall be construed accordingly;



“disciplinary law” means a law regulating the discipline of any disciplined force;



“disciplined force” means –



(a) the army, navy or air force;



(b) the police force;



(c) any other force declared by law to be a disciplined force within the meaning of this definition;



“district judge” includes additional district judge;



“existing law” means any law in force in, or in any part of, the territory of Bangladesh immediately before the commencement of this Constitution, whether or not it has been brought into operation;



“financial year” means a year commencing on the first day of July;



“guarantee” includes any obligation undertaken before the commencement of this Constitution to make payments in the event of the profits of an undertaking falling short of a specified amount;



“the High Court Division” means the High Court Division of the Supreme Court;

“judge” means a judge of a division of the Supreme Court;



“judicial service” means a service comprising persons holding judicial posts not being posts superior to that of a district judge;



“law” means any Act, ordinance, order, rule, regulation, bye law, notification or other legal instrument, and any custom or usage, having the force of law in Bangladesh;



“Parliament” means the Parliament for Bangladesh established by article 65;



“Part” means a Part of this Constitution;



“pension” means a pension, whether contributory or not, of any kind whatsoever payable to or in respect of any person, and includes retired pay or gratuity so payable by way of the return or any addition thereto of subscriptions to a provident fund;



“political party” includes a group or combination of persons who operate within or outside Parliament under a distinctive name and who hold themselves out for the purpose of propagating a political opinion or engaging in any other political activity;



“the President” means the President of Bangladesh elected under this Constitution or any person for the time being acting in that office;



“property” includes property of every description movable or immovable, corporeal or incorporeal, and commercial and industrial undertakings, and any right or interest in any such property or undertaking;



“public notification” means a notification in the Bangladesh Gazette;



“public officer” means a person holding or acting in any office of emolument in the service of the Republic;

“the Republic” means the People's Republic of Bangladesh;



“Schedule” means a schedule to this Constitution;



“securities” includes stock;



“the service of the Republic” means any service, post or office whether in a civil or military capacity, in respect of the Government of Bangladesh, and any other service declared by law to be a service of the Republic;



“session”, in relation to Parliament, means the sittings of Parliament commencing when it first meets after the commencement of this Constitution or after a prorogation or dissolution of Parliament and terminating when Parliament is prorogued or dissolved;



“sitting”, in relation to Parliament, means a period during which Parliament is sitting continuously without adjournment;



“the Speaker” means the person for the time being holding the office of Speaker pursuant to article 74;



“the State” includes Parliament, the Government and statutory public authorities;



“statutory public authority” means any authority, corporation or body the activities or the principal activities of which are authorised by any Act, ordinance, order or instrument having the force of law in Bangladesh;



“sub clause” means a sub clause of the clause in which the expression occurs;



“the Supreme Court” means the Supreme Court of Bangladesh constituted by article 94;



“taxation” includes the imposition of any tax, rate, duty or impost, whether general, local or special, and “Tax” shall be construed accordingly 6[ ;]

7[ * * *]



(2) The General Clauses Act, 1897 shall apply in relation to –



(a) this Constitution as it applies in relation to an Act of Parliament;



(b) any enactment repealed by this Constitution, or which by virtue thereof becomes void or ceases to have effect, as it applies in relation to any enactment repealed by Act of Parliament.
 
 
 
1 Omitted by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV 2011), section 46 (a).

2 Substituted by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 46(b)

3 Omitted by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 46(d).

4 Inserted by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 46(b).

5 Inserted by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 46(c).

6 The semi-colon (;) was substituted for the full stop (.) by section 16 of the Constitution (Ninth Amendment) Act, 1989 (Act No. XXXVIII of 1989)

7 The expression “the vice president” was omitted by section 23 of the Constitution (Twelfth Amendment) Act, 1991 (Act No. XXVIII of 1991)

 
 

Copyright © 2010, Legislative and Parliamentary Affairs Division
Ministry of Law, Justice and Parliamentary Affairs