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An
Act further to amend certain provision of the Constitution of the People's
Republic of Bangladesh
Whereas
it is expedient further to amend certain provisions of the Constitution of
the People's Republic of Bangladesh for the purposes hereinafter
appearing;
It
is hereby enacted as follows:
1.
Short title. - This Act may be called the Constitution (Thirteenth
Amendments) Act, 1996.
2.
Insertion of new article 58A in the Constitution. - In the Constitution of
the People's Republic of Bangladesh, hereinafter referred to as the
Constitution, after article 58, the following new article shall be
inserted, namely:-
58A. Application of Chapter. - Nothing
in this Chapter, except the provisions of article 55(4), (5) and (6),
shall apply during the period in which Parliament is dissolved or stands
dissolved:
"Provided that, notwithstanding
anything contained in Chapter II A, where the President summons Parliament
that has been dissolved to meet under article 72(A), this Chapter shall
apply."
3. Insertion of new Chapter IIA in the Constitution . - In the
Constitution in Part IV, after Chapter II, the following new chapter shall
be inserted, namely:-
CHAPTER
II A - NON-PARTY CARE-TAKER GOVERNMENT
58B.
The Non-Party Care-Taker Government . - (1) There shall be a Non-Party Care-taker Government during the period from the date on
which
the Chief Adviser of such government enters upon office after Parliament
is dissolved or stands dissolved by reason of expiration of its term till
the date on which a new Prime Minister enters upon his office after the
constitution of Parliament.
(2)
The Non-Party Care-taker Government shall be collectively
responsible to the President.
(3)
The executive power of the Republic shall, during the period
mentioned in clause (I), be exercised, subject to the provisions of
article 58D(1), in accordance with this Constitution, by or on the
authority of the Chief Adviser and shall be exercised by him in accordance
with the advice of the Non-Party Care-taker Government.
(4)
The provisions of article 55(A), (5) and (6) shall (with the
necessary adaptations) apply to similar matters during the period
mentioned in clause (1).
58C.
Composition of the Non-Party Care-Taker Government, appointment of
Advisers, etc. (1) The Non-Party Care-taker Government shall consist of
the Chief Adviser at its head and not more than ten other Advisers, all of
whom shall be appointed by the President.
(2)
The Chief Adviser and other Advisers shall be appointed within
fifteen days after Parliament is dissolved or stands dissolved, and during
the period between the date on which Parliament is dissolved or stands
dissolved and the date on which the Chief Adviser is appointed, the Prime
Minister and his cabinet who where in office immediately before Parliament
was dissolved or stood dissolved shall continue to hold as such.
(3)
The President shall appoint as Chief Adviser the person who among
the retired Chief Justices of Bangladesh retired last and who is qualified
to be appointed as an Adviser under this article;
Provided that if
such retired Chief Justice is not available or is not willing to hold the
office of Chief Adviser, the President shall appointed as Chief Adviser
the person who among the retired Chief Justices of Bangladesh retired next
before the last retired Chief Justice.
(4)
If no retired Chief Justice is available or willing to hold the
office of Chief Adviser, the President shall appoint as Chief Adviser the
person who among the retired Judges of the Appellate Division retired last
and who is qualified to be appointed as an Adviser under the article;
Provided that if
such retired Judge is not available or is not willing to hold the office
of Chief Adviser, the President shall appoint as Chief Adviser the person
who among the retired Judges of the Appellate Division retired next before
the last such retired Judge.
(5)
If no retired judge of the Appellate Division is available or
willing to hold the office of Chief Adviser, the President shall, after
consultant, as far as practicable, with the major political parties,
appoint the Chief Adviser from among citizens of Bangladesh who are
qualified to be appointed as Advisers under this article.
(6)
Notwithstanding anything contained in this Chapter, if the
provisions of clauses (3), (4) and (5) cannot be given effect to, the
President shall assume the functions of the Chief Adviser of the Non-Party
Care-taker Government in addition to his own functions under this
Constitution.
(7)
The President shall appoint Advisers from the persons who are-
(a)
qualified for election as members of parliament;
(b)
not members of any political party or of any organization
associated with or affiliated to any political party;
(c)
not, and have agreed in writing not to be, candidates for the
ensuring election of members of parliament;
(d)
not over seventy-two years of age.
(8)
The Advisers shall be appointed by the President on the advice of
the Chief Adviser.
(9)
The Chief Adviser or an Adviser may resign his office by writing
under his hand addressed to the President.
(10)
The Chief Adviser or an Adviser shall ease to be Chief Adviser or
Adviser if he is disqualified to be appointed as such under this article.
(11)
The Chief Adviser shall have the status, and shall be entitled to
the remuneration and privileges, of a Prime Minister, and an Adviser shall
have the status, and shall be entitled to the remuneration and privileges,
of a Minister.
(12)
The Non-Party Care-taker Government shall stand dissolved on the
date on which the Prime Minister enters upon his office after the
constitution of new parliament.
58D. Functions
of Non-Party Care-taker Government. - (1) The Non-Party Care-taker
Government shall discharge its functions as an interim government and
shall carry on the routine functions of such government with the aid and
assistance of persons in the services of the Republic; and, except in the
case of necessary for the discharge of such functions its shall not make
any policy decision.
(2)
The Non-party Care-taker Government shall give to the election
Commission all possible aid and assistance that may be required for
holding the general election of members of parliament peacefully, fairly
and impartially.
58E.
Certain provisions of the Constitution to remain ineffective,-
Notwithstanding anything contained in articles 48 (3), 141 (1) and 141c(1)
of the Constitution, during the period the Non-Party Care-taker government
is functioning, provisions in the constitution
requiring the President to act on the advice of the prime Minister
or upon his prior counter-signature shall be ineffective.
4.
Amendment of article 61 of the Constitution. - In the Constitution,
in article 61, after the word "law" at the end, the commas,
words and figure "and such law shall, during the period in which
there is a Non-Party Care-taker government under article 58B, be
administered by the President."
5.
Amendment of article 99 of the Constitution. - In the Constitution,
in article 99, in clause (1), after the words "quasi-judicial
office", the words "or the office of Chief Adviser or
Adviser" shall be inserted.
6.
Amendment of article 123 of the Constitution . - In the
Constitution, in article 123, for clause (3) the following shall be
substituted, namely:-
"(3)
A general election of members of Parliament shall be held within
ninety days after Parliament is dissolved, whether by reason of the
expiration of its term of otherwise than by reason of such
expiration."
7.
Amendment of article 147 of the Constitution . - In the
Constitution, in article 147, in clause (4),-
(a)
for sub-clause (b) the following sub-clause shall be substituted,
namely:-
(b)
Prime Minister or Chief Adviser;" and
(c)
for sub-clause (d) the following sub-clause shall be substituted,
namely:-
(d)
Minister, Adviser, Minster of State or Deputy Minister"
8.
Amendment of article 152 of the Constitution. - In the
Constitution, in article 152, in clause (1)-
(a)
after the definition of the expression "administrative
unit", the following definition shall be inserted namely:-
"Adviser"
means a person appointed to that office under article 58C;-
(b)
after the definition of the expression "the capital", the
following definition shall be inserted, namely:-
(c)
"Chief
Adviser" means a person appointed to that office under article
58C"
9.
Amendment of the Third Schedule to the Constitution. - (1) In the
Constitution. - (1) In the Constitution, in the Third Schedule, after form
1, the following new form 1A shall be inserted, namely:-
"1A.
The President in the of performing the functions of the Chief
Adviser. - Oaths (or Affirmations) in the following forms shall be
administered by the Chief Justice -
(a)
Oath (Or Affirmation) of office;
"I,
........................................................ do solemnly swear
(or Affirm) that I will faithfully discharge the duties of the office of
Chief Adviser of the Non-Party Care-taker government according to law:
That
I will bear true faith and allegiance to Bangladesh:
That
I will preserve, protect and defend the Constitution:
And
that I will do right to all manner of people according to law, without
fear or favor, affection or ill-will."
"I,
............................................ do solemnly swear (or Affirm)
that I will not directly or indirectly communicate or reveal to any person
any matter which shall be brought under my consideration or shall become
known to me as Chief Adviser of the Non-Party Care-taker Government except
as may be required for the due discharge of my duty as Chief
Adviser."
(2)
In the Constitution, in the Third Schedule, after form 2, the following
new form shall be inserted, namely:-
"2A
The Chief Adviser
.......................................................................
................................................... and Advisers. - Oaths
(or affirmations) in the following forms shall be administered by the
President -
(a)
Oath (or affirmation) of office:
"I,
....................................................... do solemnly swear
(or affirm) that I will faithfully discharge the duties of the office of
the Chief Adviser (or Adviser) of the Non-Party Care-taker Government
according to law;
That I will bear true faith and allegiance to Bangladesh;
That I will preserve, protect and defend the Constitution;
That I will do right to all manner of people according to law,
without fear or favor, affection or ill-will."
(b)
Oath (or affirmation) or secrecy;
"I,
......................................................... do solemnly
swear (or affirm) that I will not directly or indirectly communicate or
reveal to any person any matter which shall be brought under my
consideration or shall become known to me as Chief Adviser (or Adviser) of
the Non-Party Care-taker Government, except as may be required for the due
discharge of my duty as Chief Adviser (or Adviser)."
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