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THE CONSTITUTION OF THE PEOPLE’S REPUBLIC OF BANGLADESH

  Section No: Bangla   
 

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PART III
FUNDAMENTAL RIGHTS

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  Saving for certain laws  
47. (1) No law providing for any of the following matters shall be deemed to be void on the ground that it is inconsistent with, or takes away or abridges, any of the rights guaranteed by this Part –



(a) the compulsory acquisition, nationalisation or requisition of any property, or the control or management thereof whether temporarily or permanently;



(b) the compulsory amalgamation of bodies carrying on commercial or other undertakings;



(c) the extinction, modification, restriction or regulation of rights of directors, managers, agents and officers of any such bodies, or of the voting rights of persons owning shares or stock (in whatever form) therein;

(d) the extinction, modification, restriction or regulation of rights to search for or win minerals or mineral oil;



(e) the carrying on by the Government or by a corporation owned, controlled or managed by the Government, of any trade, business, industry or service to the exclusion, complete or partial, of other persons ; or



(f) the extinction, modification, restriction or regulation of any right to property, any right in respect of profession, occupation, trade or business or the rights of employers or employees in any statutory public authority or in any commercial or industrial undertaking ;



if Parliament in such law (including, in the case of existing law, by amendment) expressly declares that such provision is made to give effect to any of the fundamental principles of state policy set out in Part II of this Constitution.



(2) Notwithstanding anything contained in this Constitution the laws specified in the First Schedule (including any amendment of any such law) shall continue to have full force and effect, and no provision of any such law, nor anything done or omitted to be done under the authority of such law, shall be deemed void or unlawful on the ground of inconsistency with, or repugnance to, any provision of this Constitution:



1[ Provided that nothing in this article shall prevent amendment, modification or repeal of any such law.]



2[ (3) Notwithstanding anything contained in this Constitution, no law nor any provision thereof providing for detention, prosecution or punishment of any person, who is a member of any armed or defence or auxiliary forces 3[ or any individual, group of individuals or organisation] or who is a prisoner of war, for genocide, crimes against humanity or war crimes and other crimes under international law shall be deemed void or unlawful, or ever to have become void or unlawful, on the ground that such law or provision of any such law is inconsistent with, or repugnant to, any of the provisions of this Constitution.]
 
 

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