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Women Rights against Sexual Violence in Bangladesh | Sexual Harassment Law Bangladesh | Rape, Dowry Punishment and Regulations

Women Rights against Sexual Violence in Bangladesh | Sexual Harassment Law Bangladesh | Rape, Dowry Punishment and Regulations

Women Rights against Sexual Violence in Bangladesh | নারী নির্যাতন অপরাধসমূহ আইন

Tahmidur Rahman, Senior Associate

28 Oct 2019

Table of Contents

Find the subsections below, If you want to jump through specific sections instead of reading the whole article.

Women rights against sexual violence law firm in Bangladesh
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Women Rights against Sexual Violence in Bangladesh:

Are you being sexually abused and would like to know about your rights in Bangladesh and take legal actions against the perprator? Or are you wrongfully accused of an offence of sexual violence? This post in details will deal with the legal provisions and remedies of women’s rights against sexual violence and the process of taking legal action based on those discrete situations.

 

Sexual Violence in Bangladesh

In our country (i.e in Bangladesh), there are different laws to deal with women’s oppression, most of which are described in Nari-O-Shishu Nirjaton Daman Ain 2000. This “Act” comprises 34 parts of a strict nature and is considered one of the most important laws dealing with violence against women and children despite having “Penal Code” and “CRPC” in our judiciary. It deals with crimes related to the trafficking and abduction of children and women on women and children, rape, rape and dowry-related death, sexual harassment, etc.

Domestic abuse as an incident or pattern of controlling, coercive, threatening, degrading and violent behaviour, including sexual violence, by a partner or ex-partner in the majority of cases, but also by a family member or career. It is faced by women in the vast majority of cases and committed by men. A non-partner (not including sexual harassment) is estimated to have experienced either physical or sexual intimate partner violence or sexual violence at some point in their lives by 35 percent of women worldwide.

 

Nari-O-Shishu Nirjaton Daman Ain 2000

Before we dive into the punishment regarding the crimes and how you can avail the necessary support lets see the Flowcharts which will help to classify the crime and its degree henceforth. 

Here in the first part (Section 01-08) of the infographics of the act, which prominently deals with abduction, kidnap predominantly.

 

 

Section 9 (Rape)

This part of the flowchart specifically deals with the Rape in Bangladesh by a sexual offender hence all subsections of the section are included below.

Procedure of the Act for Women Rights against Sexual Violence Bangladesh:

In regards to Women Rights against Sexual Violence in Bangladesh, Nari O Shishu Nirjaton Daman Ain is quite stern and includes extreme punishments of land. Section 19(1), as its counterpart section 4(f) of the CRPC, clearly makes all crimes under this act “cognizable.” A “Cognizable Offence” may be charged without a warrant by the police. Nevertheless, the most striking part of this Act is Section 19(2), which made all crimes pursuant to this Act non-bailable. This definitely limits other insincere attorneys who want to keep an offender out of court instead of keeping him behind the bar. Another landmark when it comes to research.

Domestic abuse as an incident or pattern of controlling, coercive, threatening, degrading and violent behaviour, including sexual violence, by a partner or ex-partner in the majority of cases, but also by a family member or career. It is faced by women in the vast majority of cases and committed by men. A non-partner (not including sexual harassment) is estimated to have experienced either physical or sexual intimate partner violence or sexual violence at some point in their lives by 35 percent of women worldwide.

The investigation is to be completed within fifteen working days from the date of the arrest pursuant to Section 18(1)(a). Additionally, Section 18(1)(b) provides for the completion of the inquiry within sixty working days where the perpetrator is not found but the time limit may be extended subject to the fulfilment of the conditions contained in the following sections. This requires an appointed body (Police) to pass the order of the investigation within a specified period of time for the end of justice.

 

OFFENCE COMMITTED BY CORROSIVE OR ANY OTHER SUBSTANCES (Punishment):

 

 

  •  Death or attempt to death:

Offences such as causing death or attempting to cause death of any woman or child by a burner, corrosive toxic substance or causing harm to a child or woman resulting in permanent damage to the sight or ear or disfiguring any part of the woman’s or child’s body with any organ, joint or limb, shall punish the offender with death or lifetime transportation.

  • Throwing or Attempting to throw Substance Burner

For throwing or attempting to throw any substance burner, caustic or poisonous over a child or a woman, the offender shall be punished, with rigorous imprisonment of either description which may extend to seven years but not less than three years and also with fine not exceeding fifty thousand bdt.

“TR Barristers in Bangladesh is Considered as one of the leading firms in Family and Child Law in Dhaka, Bangladesh”

Carpe Noctem Bangladesh

 

 

OFFENCE COMMITTED BY CORROSIVE OR ANY OTHER SUBSTANCES (Punishment):

 

 

  •  Rape offence punishment in Bangladesh:

The offender shall be punished with life imprisonment and fine for rape with a woman or child. If the woman or child so raped died later as a result of rape or any act by him, the rapist shall be punished with death or lifelong transportation and also with a fine not exceeding one lakh bdt.

  • Gang Rape Punishment in Bangladesh

According to a criminal defense attorney, if more than one man rape a woman or a child and that woman or child dies or is injured in consequences of that rape, each of the gang shall be punished with death or rigorous imprisonment for life and also with fine not exceeding one lac taka.

  • Rape in Police Custody

    If a woman is raped in police custody, each and every person under whose custody the rape was committed and all of whom were directly responsible for that woman’s safety shall be punished for failing to provide security, unless otherwise proved, with imprisonment for either description extending to ten years but not less than five years of rigorous imprisonment and fines.
 

  •  Medical test of a woman or a child being raped

A woman or child being assaulted must be subjected to medical tests as soon as the crime is committed. If the medical examination is not carried out immediately, the Court may order the doctor’s appointing authority to take action against him for neglect of duty.

  •   Punishments for causing death due to dowry

If, on behalf of the husband, the husband of a woman or his father, mother, guardian or any other individual causes death or attempts to cause death, causes harm or attempts to cause harm to the wife, husband, parent, mother guardian, relative or any other person on his behalf, they shall be punished; for causing death or attempts to cause death, they shall be punished with transportation for life and so forth.

 

  •  Safe Custody

If the Tribunal finds that there is a need for any woman or child to be held in safe custody at any point of an offence trial, the Tribunal may order that the woman or child be kept out of prison and under a Govt’s custody. Govt-determined authority. To that end, or under the custody of a person or organization that the tribunal considers appropriate.

  •   Appeal

The aggrieved party by the order, judgment or punishment imposed by the Tribunal, can appeal to the High Court Division within the period of sixty days against such order, judgment or punishment.

 

 

What if you are wrongfully accused of sexual harrasment in Bangladesh? 

The police will arrest such a person only if he (the accused) is involved with any identifiable crime or if a legitimate allegation has been made or if credible information has been obtained or if there is reasonable suspicion that he or she is associated with it. Consequently, in most cases, police may arrest the person against whom any complaint has been made under the Nari-O-Shishu Nirjaton Daman Ain for committing any offense. 

 

Serious crimes, including Nari-O-Shishu Nirjaton Daman Ain offenses, in practice. But in such situations, without unnecessary delay, the arrested person must be handed over to the police.

 

The inquiry guidelines are included in the S. 18 Of the law. Based on S. 18(1)(a) The investigation into the offenses must be completed within fifteen working days of the date on which the accused was arrested or handed over to the police while the accused was caught in red handed over at the time the crime was commissioned.

Otherwise, S. 18(1)(b) calls for the investigation to be concluded within sixty working days where the accused is not caught in red handed over but as a result of the request by the approved officer or the Tribunal of the First Information Report (FIR) or as a result of the investigation. The time limit may be extended if the conditions specified in the following sections are fulfilled. Therefore, it appears from the aforementioned provisions that investigating any allegation regarding Nari Nirjaton does not depend on the accused person being arrested. Law requires that each case be investigated and submitted to the Court followed by the Police Report.

Legal Support regarding Nari o shishu nirjatan daman ain by TR Barristers in Bangladesh

If the other party participates in unfair practices, this could be reversed by an appeal to a negative judgment. TR Barristers in Bangladesh provides the client with the most promising advice to try the best result in that situation. Whether you need assistance in deciding your dispute is a suitable applicant for Nari o shishu nirjatan daman ain or you need counsel to ensure that your legal rights are protected while you are engaged in cases involving Nari o shishu nirjatan daman ain, The Barristers, Advocates, and lawyers at TR Barristers in Bangladesh, Dhaka, Bangladesh law firm, are highly experienced in dealing with them.

For Legal Support regarding Nari o shishu nirjatan daman ain by TR Barristers in Bangladesh: style=”font-size: 20px;”> 

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What to do When cheque dishonour or bounce in Bangladeshi Law?

What to do When cheque dishonour or bounce in Bangladeshi Law?

Cheque dishonour or bounce in Bangladeshi Law in 2024 – What should you do?


What to do When Cheque Dishonour or Bounce in Bangladesh? How can you take legal actions to retrieve your money? This post provides COMPLETE OVERVIEW OF HOW TO DEAL WITH CHEQUE DISHONOURING IN BANGLADESH.

Cheque Dishonour or Bounce in Bangladesh

Currently, even a business organisation in Bangladesh like MANY OTHER COUNTRIES, without maintaining a bank account, can not operate its daily activities. Despite the massive development in the recent past in BANGLADESH OF ALTERNATIVE delivery channels such as Internet Banking, BEFTN (Bangladesh Electronic Funds Transfer Network), RTGS (Real Time Gross Settlement) and many other aspects of digital banking, people are still comfortable enough to use checks for personal and business transactions. In the case of large-scale TRANSACTIONS, the use of checks is obviously the best way in our country because of security issues.

The possibility of a check being dishonoured is significantly high due to the high number of transactions through this mode. The receiver of checks must therefore have sufficient and effective legal redress, which they can consider when faced with this situation. Recently, in a case of dishonouring the test, a well-known film actor has been accused and filing these cases is almost regular occurrences with different courts across our country. People deliberately issue checks without making funds available in their bank accounts due to a lack of integrity and ethical practice. It may only seem to be a misdemeanour, it is, in fact, a serious crime.

Cheque Dishonour or Bounce – In Laws of Bangladesh

BOTH THE GOVERNMENT OF BANGLADESH AND THE BANK OF BANGLADESH HAVE TAKEN A NUMBER OF STEPS TO PROVIDE ADEQUATE LEGAL REMEDY TO PROTECT AND PULL THIS STATE. THE FOLLOWING DISCUSSION WILL FOCUS ON OUR COUNTRY’S PREVAILING CHECK DISHONOUR LAW:

1. The most vital LAW ENACTED TO PROVIDE LEGAL REMEDY TO SUCH A SITUATION IS THE NEGOTIABLE INSTRUMENTS ACT, 1881 (Act No. XXVI of 1881). Section 6 of this Act established what constitutes a cheque, stating that’ a bill of exchange drawn on a stated banker and not presented as payable other than on order.’ In addition, in the case of laws, a check was also known as an order on a borrower by a lender to pay the whole or part of a debt to another person.

2. If a check is not cleared because of insufficient funds or if the debtor who issued the check to the lender ordered his bank to dishonor the check or for any other reason, then the remedy will be under Section 138 of the above Act.

3. Section 138 of the Negotiable Instrument Act, 1881 makes it clear that, whenever a check is bounced, it is then accepted as correct until it is otherwise proved that an unscriptural guilt is created which involves punishment of a criminal nature which may include 01 (one) year of captivity or fine, which may extend to three times the value of the dishonoured check or both. In addition, the person who is regrettable also has a civil remedy under the same section, and in order to obtain the civil remedy, the person has to take some steps.

Best Cheque Dishonor Law Firm In Bangladesh | Tahmidur Rahman

4. The first issue to be assessed by the court is whether the check has been presented to the bank for withdrawal within six months of the person being dismissed. If the check has been presented to the bank for withdrawal any time after it has been given to the regrettable person for six months, then the court will not allow the claim. Considering that the check has been submitted within a valid period of time and if it is dishonored, then pursuant to Section 138 of the Negotiable Instrument Act, 1881, the unfortunate person must send a written notice by registered post with acknowledgement due to the person who gave the check claiming the money back.

5. THIS NOTICE REQUIRING THE MONEY BACK MUST BE SENT WITHIN 30 DAYS AFTER THE CHECK HAS BEEN BOUNCED, THAT IS, WHEN THE REGRETTABLE PERSON HAS BEEN NOTIFIED THAT THE CHECK GIVEN HAS BOUNCED DUE TO INSUFFICIENT FUNDS OR OTHER REASONS. AGAIN, THE COURT WILL NOT PROVIDE ANY REDRESS IF THE NOTICE DEMANDING THE MONEY IS NOT SENT WITHIN THE CONSTITUTIVE TIME. AFTER THE ABOVE PROCESS HAS BEEN COMPLETED AND THE PERSON RECEIVING THE NOTICE DOES NOT PAY BACK THE MONEY WITHIN 30 DAYS OF RECEIVING THE NOTICE, THE MORTIFIED PERSON WILL BE ALLOWED TO BRING A CIVIL CLAIM AGAINST THAT PERSON FOR THE RECOVERY OF THE MONEY.

6. It should be remembered that the crime of dishonor of the search referred to in section 138 of the Act is considered a criminal offence. The legislation was aimed at punishing and not obtaining a due sum. Nevertheless, the section retains the possibility of restitution as the owner of the check can be paid by the court an amount of any fine recovered up to the check value. If someone wants to recover cash that has not been discovered then he or she will file a civil SUIT FOR MONEY recovery. In reality, however, it was found that filing a criminal proceeding under s.138 was the most effective way to recover money.

Hence the conditions for filing a case when Cheque Dishonours or Bounce in Bangladsh :

THERE ARE CERTAIN PROCEDURES THAT MUST BE FOLLOWED BEFORE A CRIMINAL PROSECUTION CAN BE FILED. FIRST, PRESENT THE CHECK WITHIN THE VALIDITY OF THE CHECK TO THE BANK FOR ENCASHMENT. A VERIFICATION IS VALID FOR SIX MONTHS FROM THE TEST DATE. IF THE CHECK IS NOT RETURNED, YOU WILL RECEIVE A BANK MEMO EXPLAINING THE REASON FOR THE CHECK’S RETURN. IF THE EXPLANATION IS’ INSUFFICIENT MONEY’ OR’ INSTRUCTION FROM THE ISSUER’ THEN YOU CAN START THE PROCESS UNDER THE NI ACT AFTER RECEIVING THE INFORMATION FROM THE BANK GIVE YOUR CUSTOMER (THE CHECK DRAWER). WITHIN 30 DAYS FROM THE DATE YOU RECEIVED THESE INFORMATION, YOU MUST SUBMIT A NOTE.

Infographics Cheque Dishonour In Bangladesh

Step by Step Process for filing a case for Cheque Dishonour or Bounce in Bangladesh

The recipient of the check may file a case against the applicant under the following conditions:

(A) Submitting the check to the bank: 

The default check must be submitted to the bank for encashment within 6 months from the date it is drawn. If the check is dishonored, due to such dishonour, the bank shall give a slip.

(B) Legal Notice: 

Upon obtaining a check dishonor slip from the bank, the payment application shall be made by notifying the giver of the check within 30 days by registered post. The recipient will give the money back for 30 days.

(C) Implementing Section 138

Unless, within 30 days of receiving the notice, the giver of the check fails to make the payment of the said amount of money, the receiver of the check shall file a case under section 138 of the Negotiable Instruments Act, 1881.

NOW WHERE AND HOW TO FILE A CASE FOR CHEQUE DISHONOUR OR BOUNCE IN BANGLADESH

The recipient of the check may file a case against the applicant under the following conditions:

When the owner presents the check for encashment to a bank, he will bring in court the claim for check dishonor that has local jurisdiction over that bank.
The offense of check dishonor can be completed with the emphasis on certain specifics: 

i) drawing of the check, 

ii) presenting the check, 

ii) returning the check unpaid by the drawee bank, 

iv) giving written notice to the drawer of the check demanding payment of the check sum, 

v) failure of the drawer to make payment within 30 days of receipt of the notice.s of receiving the notice, the giver of the check fails to make the payment of the said amount of money, the receiver of the check shall file a case under section 138 of the Negotiable Instruments Act, 1881.

Now, if the above five different acts were carried out in five different locations, one of the courts exercising jurisdiction in one of the five local areas could become the place of trial for the offense of cheque dishonour. The plaintiff may select any of the courts in whose jurisdiction any of the five components of the said offense have been made.

Bank Cheque Bounce Legal Action Law Firm In Dhaka_Tahmidur Rahman

Essential documents you need if you would like to file a case against a dishonoured cheque in Bangladesh

BEFORE PROCEEDING TO FILE A CASE, A COMPLAINANT MUST KEEP SOME ESSENTIAL REQUIREMENTS IN MIND WHICH ARE AS FOLLOWS:

  • The dishonoured cheque
  • Bank slip regarding cheque dishonour
  • Copy of legal notice
  • Postal receipt and acknowledgment letter of legal notice
  • Copy of newspaper where legal notice is published, if any
  • Authorization letter or power of attorney if ‘Authorized Agent’ files the case
  • List of WITNESSES
  • Costs of the case such as Court fee, lawyer’s fee etc.
  • Government or private legal aid if unable to bear the costs of the case
  • Intention to go for settlement with the offender to get the money.

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PENALTY FOR CHEQUE DISHONOUR or Bounce in Bangladesh:

The offender who commits the dishonor of the cheque shall be punished with imprisonment for a term of up to one year or with a fine of up to three times the value of the cheque or both.

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Skyscrapers in Bangladesh

FAQ

What is a Cheque Dishonour in Bangladesh?

Dishonoured checks are ones that the bank on which they are drawn declines to honor (pay). Non-sufficient funds (NSF), which denotes that there are not enough cleared funds in the account on which the check was drawn, is the most frequent cause for a bank to refuse to honor a check. [1] A bad check, dishonored check, bounced check, cold check, rubber check, returned item, or hot check are all terms that might be used to describe an NSF check. Such checks are often returned with the endorsement “Refer to drawer,” instructing the recipient to get in touch with the check’s issuer for a justification of why it wasn’t cashed.

What are the differences between cheque bounce and Dishonour?

The sole difference between a cheque bounce and a cheque dishonour is that a cheque dishonour happened because of a distinguishing signature, an incorrect date, etc. However, the reason the check bounced was because there weren’t enough funds in the drawer’s account.

Can I present the dishonoured cheque again for a second time?

Yes, even if the check was previously dishonored, you may still bring it to the bank for payment. It should go without saying that the check can only be presented in the bank once while it is still valid. The typical check’s validity term is three months. 

What are the reasons for refusing a cheque in Bangladesh by a Bank?

Any major bank may refuse to honor a check if there aren’t enough cleared funds in the account to cover it. Additional justifications for not honoring a check include: 

  1. The account holder instructs the bank not to pay the cheque, which is known as a stopped cheque; the account holder’s funds are frozen; 
  2. the account does not actually exist because a false cheque was presented; the cheque’s date is outside the time frame allowed by law; 
  3. the signature on the cheque does not match the signature on file of the account holder or another authorized signatory on the account; 
  4. or the cheque is damaged.There are also further justifications for payment refusal as per Bangladeshi law.

Under Negotiable instrument is Section 138 a bailable offence?

A violation of Section 138 constitutes a non-cognizable offense. Additionally, it is an offense that is subject to bail. Section 138 violation will consist of the following elements: Drawing a check by the drawer to pay off a debt or other obligation

Is it a criminal offence when a cheque gets bounced in Bangladesh?

A violation of Section 138 constitutes a non-cognizable criminal offense. Additionally, it is an offense that is subject to bail. Section 138 violation will consist of the following elements: Drawing a check by the drawer to pay off a debt or other obligations.

Can I file cheque bounce case after 30 days under NI 138? 

A complainant and/or the person holding the check in good faith are obligated under Section 138(b) of the Act to notify the accused within 30 days of receiving notification from the bank that the check or other instrument has been dishonored.

How to Submit Taxes in Bangladesh | Income Tax, Customs Duties, VAT.

How to Submit Taxes in Bangladesh | Income Tax, Customs Duties, VAT.

How to do Tax Submission in Bangladesh | Complete Overview of Income Tax, Customs Duties, VAT.

Tahmidur Rahman, Senior Associate

25 November 2019

Table of Contents

Find the subsections below, If you want to jump through specific sections instead of reading the whole article.

Tahmidur Rahman Tax Lawyer
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Tax Submission in Bangladesh:

What are the process of Tax Submission in Bangladesh ( Personal Income Tax,  Corporate Income Tax, Custom Duties etc.) and what are the rules and regulations that relate to specific custom duties, supplementary duties, regulatory duties and their relationships with HS code and brand valuation and how to deal effectively with the issue? This post in details will provide a complete overview of Tax Submission in Bangladesh and will hopefully answer to your quries in regards to Tax Law in Bangladesh.

Taxation in Bangladesh 

 

In Bangladesh, the history of income tax submission dates back to 1860 when British rulers introduced it in this country under the title of the Income Tax Act, 1860. Many changes have occurred since then. Recently, taxation facilities have become one of the Bangladeshi business organization’s important and complex compliance issues. Tax levy and taxes were updated by the promulgation of the Finance Act almost every year. Tax facilities in Bangladesh are usually regulated by the 1984 Income Tax Ordinance.In Bangladesh, legal aid related to VAT, tax and customs is high in demand. Because of its complexity, particularly for businesses, new investors and entrepreneurs understanding the various formalities involving taxation is a big challenge.

With income tax in particular, different statutory requirements for e.g. income advance tax, source tax deduction, tax exemptions, tax rebate, procedures for filing annual tax returns along with their assessments, etc., and their correlation, which can be found difficult without proper knowledge. Here one by one, we will explain the procedures and regulations in regards to Tax Submission in regards to Bangladeshi Law.

Income Tax in Bangladesh 

One has to pay his or her income tax at the end of each fiscal year, and a number of Bangladesh taxpayers are doing the job quite successfully.But there are also many clashes with filing their tax returns because they have little or no idea of the process.Things seem to be rather difficult, particularly for the first time people who pay taxes.

Are you actually Suppose to Pay Income Taxes? Are you in the Bracket? Find out whether you are actually eligible for Tax Submission in Bangladesh First!

In accordance with the stipulation set out in the Finance Act, if any person earned more than Tk 220,000 during the 2013-14 income year, he / she must send his / her income return along with the source(s) of income. Nonetheless, the total non-taxable income limit will be Tk 275,000 for women and senior taxpayers aged 65 and above, Tk 350,000 for physically challenged mentally handicapped workers, and Tk 400,000 for war injured freedom fighters serving in the gazette.

The following person must also submit his / her income tax return, however, if he / she did not earn much more than the maximum limit, if he / she:

(i) resides in a municipal corporation or paurashava or divisional headquarters (HQ) or district headquarters and owns a motor vehicle including a jeep / microbus or is a member of a VAT registered club;

(ii) runs a business or profession licensed and operates a bank account;

(iii) has registered as a doctor, dentist, lawyer, income tax practitioner with a recognized professional body;

(v)     is a candidate for an office of any paurashava, city corporation, or a Member of Parliament;

(vi)     assessed to tax for any of the three years immediately preceding the income year;

(vii)     participates in a tender floated by the Government, semi- Government, autonomous body or a local authority. In addition, any registered company/Non-Government Organisation (NGO) shall file a return of its income or the income of any other person for whom the company/NGO is assessable to the authority.

 

The tax rates during the assessment year 2014-15 for individual taxpayer other than female, taxpayers of 65 years and above, differently able person, retarded employee and gazetted war-wounded freedom fighter are as follows:

Income Tax Submission in Bangladesh

Income tax submission in Bangladesh/ Income Tax Return in Bangladesh

The income tax return is something that people are required to submit each year by November 30. And by that time, you will have to update your employment, property, and income tax data through a form. The main reason is that the data submitted for a fiscal year may vary from the information submitted a year earlier.

A taxpayer has to notify the state on its current status after using a TIN. Punitive measures are also in place to avoid taxes.

Every income tax payer is entitled to receive income tax return form free of charge from tax offices or NBR i.e. National Board of Revenue website. In addition, NBR has launched online tax calculator on www.nbrtaxcalculatorbd.org to promote the assessment of their taxes by assessees. Additionally, for small businessmen, doctors and lawyers, NBR offers spot assessment. Anyone who invests Tk 1000,000 as initial capital shall pay Tk 4000 and pay Tk 2000-4000 as income tax to those doctors and lawyers who have practiced their profession for 5-10 years.

For Tax Submission in Bangladesh, each assessee shall deposit the amount to the govt after assessing the amount of income tax. Exchequer by pay order, challan treasury or online via www.nbrepayment.gov.bd and submit duly signed and verified return form along with the necessary documents to the tax circle concerned.

For details of filing system, click here or in the image below-

 

Time limit to submit the tax return in Bangladeh

Deadline for submitting a return A company / NGO shall submit an income tax return by the fifteenth day of July following the year of income or by the fifteenth day of July before the expiry of six months from the end of the year of income, before the expiry of those six months and in all other cases by the thirtieth day of September following the year of income. Nevertheless, with the permission of the Inspecting Joint Commissioner, the last date for the return can be extended by the DC of Taxes for up to six months. The state can also expand the time limit in addition to this.

Income Tax exemption in Bangladesh

Many individual classes enjoy tax holidays. For example, if you own savings certificates, invest in the stock market and have life insurance, a certain amount of your income tax will be waived.

For this purpose, income tax lawyers suggest savings tools as they are most risk-free and can be found at the National Savings Bureau, post offices, and banks.

Punishment for infringement of the tax rules in Bangladesh

An assessed person shall be guilty of an offense punishable by imprisonment for a term of up to three years, but not less than three months or for a fine or both, if he / she makes a statement in any confirmation, return or other document furnished in compliance with any provision of the ITO 1984 which is false or intentional and involves other persons.

In addition, an assessee shall be guilty of an offense punishable by imprisonment for a term that may extend to one year or a fine or both if he / she refuses to provide the return of income in due time without reasonable cause. In addition, the DC of Taxes will impose fine Tk 10 percent of the last estimated amount, but not less than Tk 1000, and will also impose fine Tk 50 late on each day.

Therefore, a person will be guilty of an offense punishable by imprisonment that may stretch to five years but may not be less than three months or fine or both if he disguises the information or intentionally gives false details of his earnings in regards to tax submission in Bangladesh .

The established income tax collection schemes are soft, complicated, time-consuming and are not yet taxpayers ‘ trouble-free. In this regard, the entire system of tax management should be effectively structured to prevent tax evasion.

Where to complain in regards to Tax Submission in Bangladesh

If you have a service allegation or other tax-related issues, you can file a written appeal to the tax commissioner detailing the problems.

The prosecutor must hold a hearing on it after receiving the petition, leading to its settlement.

If not, with his or her issues, the taxpayer should petition a jury. The person still has the option to move to the High Court as a last resort remedy in the event of a further failure to substantiate the complaint.

And last but not least, a taxpayer will know that whatever service they get is not safe. In fact, a taxpayer gets the services by paying money.

 

Value Added Tax (VAT) in Bangladesh | Tax Submission in Bangladesh

All goods except those listed in the VAT Act’s First Schedule and all services except those specified in the Second Schedule are taxable goods and services. Originally, a comprehensive list comprising the list of services subject to VAT was the Second Schedule of the VAT Act. The First and Second Schedules now list respectively statutory exemptions to goods and services. The third schedule lists the goods and services subject to additional duties (SD) and their relevant statutory rates.

NBR has now listed the number of VAT-able products and their range clarified by a Statutory Regulatory Order (SRO) at 79. For various types for VAT–Gross-Product VAT, Income-Type VAT and Consumption-Style VAT–Bangladesh has adopted the consumption-type VAT and its invoice-based credit or credit-subtractive system for calculating VAT payable by a company in each tax cycle. By applying the tax rate to each individual sale and subtracting all input taxes previously paid on sales, company calculates the tax liability according to this process.

 

Rates of Vat in Bangladesh

 

Most of the countries that implement VAT worldwide operate a single standard VAT rate. Appendix 1 indicates certain countries ‘ VAT rates with the year in which they launched VAT. In regards to Tax Submission in Bangladesh, country’s VAT legislation provides a standard rate of 15 percent for home consumption goods and services in line with best international practice and a zero rate for exports. Under the rule, all taxable goods and services manufactured and sold for sale in the country are subject to VAT at 15%. For all goods and services to be exported and deemed to be exported from the country, a rate of 0 percent applies. In practice, however, there are some other rates  that emerged from different methods

Registration of  VAT in Bangladesh 

 

All importers, zero-threshold exporters and suppliers (manufacturers, dealers, wholesalers, retailers) of all taxable goods and services with an annual turnover limit of BDT 60 millions (BDT 6 million, equivalent to US$ 80,400) and above are required to be registered under VAT. The VAT law requires a divisional VAT office to issue a certificate of registration within 2 (two) working days of receiving a request.

 

Businesses below the threshold can opt for voluntary registration of VAT in Bangladesh, in line with international practice. The amount of VAT collected shows that the majority of VAT registered persons are optionally or voluntarily registered.

One of the reasons is that while the threshold has undergone upward revision quite a few times over the past 20 years, those with their existing threshold within voluntary VAT registration could not escape the net once the threshold was increased due to administrative convenience as well as external pressure.

The study of different VAT regimes, particularly those of developing countries, suggests that in a simpler procedure, despite the distortionary effects of the different treatment between undertakings above and below the threshold, many countries tax undertakings differently and at a much lower rate.

This is done primarily because of the administrative and compliance costs, equity and competitive advantages and disadvantages of the economically involved parties. In Bangladesh, this is no exception. Section 8 of the Act provides that undertakings whose annual turnover is below the VAT threshold and for which VAT registration has not been made compulsory are entitled to pay turnover tax @ 3% of declared and approved annual turnover without the possibility of claiming input tax credit. Nevertheless, most of the taxable products listed and a number of items are not eligible for turnover tax as they are required to register VAT.

The number of businesses registered under VAT system is 480,467, which is glaringly poor as compared to the number of total businesses in the country. According to the economic census of 2001 and 2003 the total number of businesses in different sectors was 3,674, 971 of which 1,127, 613 were registered with the trade licensing authorities

 

Vat Filling in Bangladesh | Vat Submission in Bangladesh

Compliance with taxes is ensured by submitting periodic returns. In Bangladesh VAT, a registered person is required to submit a return in a tax period in accordance with section 35 of the VAT Act. Submitted in a prescribed form –(Mushak 19) in duplicate to the local VAT office within 15 days of the following month, VAT returns are normally submitted on a monthly basis, although there are provisions for quarterly and semi-annual returns for certain companies. Compliance with taxes is ensured by submitting periodic returns. In Bangladesh VAT, a registered person is required to submit a return in a tax period in accordance with section 35 of the VAT Act. Submitted in a prescribed form –(Mushak 19) in duplicate to the local VAT office within 15 days of the following month, VAT returns are normally submitted on a monthly basis, although there are provisions for quarterly and semi-annual returns for certain companies.   The Bangladesh VAT filing scenario shows a huge difference between what’s being taught in the book and what’s being done.

Although Return should be the core of all VAT activities in an ideal VAT system, namely tax liability, input tax credit, drawback, and revenue statistics, VAT returns were not given the importance they deserve in Bangladesh. Return filing rate is very low. According to the latest statistics, out of 480,467 registered VAT-payers, the number of returning units in 2009-2010 was only 77,619, i.e. 16.15% (NBR, 2011).

 

 

One of the reasons for weak return filing is that VAT is obtained at sources in the case of firms with more than 70% (estimated) registered individuals, such as construction firm, procurement provider. The lack of a culture of voluntary tax compliance is another reason for the unsatisfactory rate of return submission. Due to the lack of successful compliance, the situation is further compounded.

Until now, there has been no significant VAT system automation in Bangladesh. Although most VAT commissioners have data processing units with the VAT Information Management System (VIMS) computer program in place, returns are not processed systematically.

 

“TR Barristers in Bangladesh is Considered as one of the leading firms in Tax Law in Dhaka, Bangladesh”

Carpe Noctem Bangladesh

Custom Law in Bangladesh

 

Bangladesh is implementing the Harmonized Commodity Coding System. Import ProceduresDocuments required for importation include a letter of credit authorization form, a lading or airway bill, commercial invoice or packing list, and origin certificate. For certain imported items or services, the relevant government agencies require additional certifications or import permits related to health, safety or other matters. For the public sector, reduced documentation requirements are applicable.

Foreign companies must obtain permission from the Chief Import and Export Controller and submit the following documents: photocopies of an import registration certificate; photocopies of invoices, lading bills and import permits duly certified by the bank; a copy of the General Index Register (GIR) certificate; a certified copy of the last tax order; name and description of each impairment.

The following documents must be submitted by private sector importers: certificate of affiliation to a registered chamber of commerce and local industry or professional association established in Bangladesh; proof of payment of renewal fees for import registration certificates (IRC) for the tax year; copy of tax identification number (TIN) certificate; three copies of previou proof of payment.

A new Custom Law in Bangladesh

A new customs law is likely to soon be put in parliament under which the government will have to digitalize the associated environment, said National Revenue Board (NBR) officials.

The new draft law also implements various measures in line with global trends to promote the clearance of goods planned for export and import from ports to encourage international trade, they said.

“In view of international best practices, we have drafted the new law. The latest one is more up-to-date and more pragmatic, “a senior official of the NBR said, trying to remain unnamed as he was not allowed to speak to the media.

The new law includes various measures to promote faster trade, followed by advanced economies.

One of the clauses is the Advance Cargo Declaration, which provides companies with the ability to request customs-related import documentation prior to the arrival of goods in ports.

Under a mechanism called Post Clearance Audit, the new law will also open up the scope for compliant businesses to quickly clear goods.

According to the draft, compliant and honest traders will receive a green channel for importing and exporting goods as authorized economic operators.

 

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Trade License in Bangladesh

Trade License in Bangladesh

Trade License in Bangladesh | Fees, Processing and Renewal

 

Tahmidur Rahman, Senior Assoicate

31 October 2019

Table of Contents

Find the subsections below, If you want to jump through specific sections instead of reading the whole article.

Trade license fees in Bangladesh Business Licenses in bangladesh
[lwptoc]

One of the important steps of starting business in Bangladesh is acquiring a trade license. A businessman must obtain a business license from the respective business area’s City Corporation or City Council. Here, in this post in details we will explain the procedure of obtaining a trade license in Bangladesh, the fees and finally the renewal process of trade license in Bangladesh.

Step by Step Process of acquiring Trade License for any Business Entity

 

The acts/legal authorities which overseen the process of obtaining the trade license in Bangladesh are 1)The Companies Act- 1994, 2)Dhaka City Corporation Ordinance – 1983, 3) Municipal Taxation Rules – 1986. And, the responsible organisations which authorise the trade license are Municipal/City Corporation or Union Parishad.

 

Step by Step Process:

Below is an overview of the process of obtaining a trade license for companies operating within the zone of Dhaka City Corporation. Many local authorities have similar rules.

Step 1: 
Collect prescribed Application Form from the City Corporation/ Municipal Corporation/ Union Parishad’s Office.

Step 2:
Submit completed Application Form with supporting documents to the concerned section.
Step 3:
Inspection by the Licensing Supervisor.

Step 4:
Required fees to deposit at the concerned office.

Step 5:
Obtain Trade License form the City Corporation/ Municipal Corporation/ Union Parishad office.

The trade license filled-in application form must be accompanied by the required documents.

Required Documents:

  1. Application Form
  2. National ID Card of the Entrepreneur
  3. Holding Tax Payment receipt
  4. Recent Passport Size Picture of the Entrepreneur
  5. Declaration  of  non –Judicial stamp to abide by the rules & regulation of City Corporation & Municipal Corporation
  6. A certified copy of the memorandum and articles of association
  1. A copy of the certificate of incorporation
  2. Agreement of Partnership
  3. Tax Identification Number certificate
  4. A copy of the lease agreement of the registered office
  5. Work Permit from Bangladesh Investment Development Authority
  6. Statement of Bank Solvency.

 

If you want to know how to open a company in Bangladesh or about company formation click here!

Trade Licesne For Commercial/ Corporate Entities.

 

STEP 1: OBTAIN THE PROPER FORM OF THE PROPER OFFICE.

 

Depending on the type of business, Dhaka City Corporation (DCC) has two forms for a trade license. The “K” form must be used by a commercial firm. Although the ten zonal offices use the same K form, the form must be obtained by a client from their respective zonal office. What distinguishes it from that of other zones is a seal and the officer’s initials selling the form. The form will cost Tk. 10 (Yes, it’s that low to encourage potential business ventures).

STEP 2: GET CERTIFICATION OF THE LOCAL WARD COMMISSIONER.

On completion of the application, it must be sent for approval to the local ward commissioner.

 

STEP 3: BOOK BY TK 50, COLLECT LICENSE, AND SUBMIT APPLICATION WITH SUPPORTING DOCUMENTATION TO DCCS ZONAL OFFICE.

For the K Form, the receipt of the lease for the premises from which the company operates or, if purchased, the receipt of the municipal tax payment shall be made. Supporting documents include: 3 copies of owner’s PP size photo Rent receipt or proof of ownership of premises

Step 4: Await Licensing Supervisor (LS) inquiry.

The LS usually goes to the business entity for a visit when submitting the form to verify the information provided.

STEP 5: PAY FEE AND COLLECT TRADE LICENSE PREDETERMINED.

The business is asked to go to the DCC office to pay the predetermined fee and collect their trade license after the LS inspection is completed. The fee schedule depends on the class under which the application was made.

STEP 6: SIGNBOARD FEE.

Another choice for commercial licensing is the signboard charge. The company’s charge is compulsory for all types of business. A trader has 30% of his license fee to pay.

 

 

TRADE LICENSE FOR A MANUFACTURING COMPANY

 

 STEP 1:PROCURE THE PROPER FORM FROM THE OFFICE OF THE PROPER OFFICE.

From the zonal office of the DCC where the manufacturing company must submit its request.

STEP 2:GET CERTIFICATION OF THE LOCAL WARD COMMISSIONER.

Local ward commissioner must validate the completed form.

STEP 3:SUBMIT APPLICATION WITH SUPPORTING DOCUMENTATION.

Supporting documents include:
1. 3 copies of the owner’s PP size photo

2.Rent or premises ownership proof

3. No neighbourhood objection certificate

4. Written undertaking on a Tk 150 non-judicial stamped paper

5. Fire license from the local fire department.

 

STEP 4: Sign OF THE SUPERVISOR LICENSING (LS).

The LS usually goes to the business entity for a visit when submitting the form to verify the information provided.

STEP 5: PAY PREDETERMINED FEE AND COLLECT TRADE LICENSE.

Once the LS has completed its inspection, the company is asked to go to the DCC office to pay the predetermined fee and collect its trade license. The fee schedule depends on the class under which the application was made.

STEP 6: SIGNBOARD FEE

A signboard fee must also be paid when collecting the trade license. The signboard fees must charge 30 per cent of the license fee for all types of business.

” TRW is Considered as one of the leading firms in Investment Law in Dhaka, Bangladesh”  (Tahmidur Rahman)

Carpe Noctem Bangladesh

Hence to summarise the renewal steps:

 

STEP 1: PICK-UP DEMAND BILL FROM THE LICENSE BOOK (THIS BOOK IS VALID FOR FIVE YEARS)

When the expiring trade license is checked, the LS fills the details in the demand bill and gives the business booklet. The demand bill is like a bank deposit slip, a four-page booklet. All the pages contain the same information: one page is for the bank and one page is for the business.

STEP 2: PAY RELEVANT FEE AT DESIGNATED BANK

Deposit by application bill designated bank and automatically renew the license.

“Depending on the type of business, Dhaka City Corporation (DCC) has two forms for a trade license. The “K” form must be used by a commercial firm.”

FAQ that our clients generally ask about trade license in Bangladesh

How to obtain a business license in Bangladesh?

For any kind of business enterprise in Bangladesh, a trade license is compulsory. It is issued by the respective areas of the local government. Each business enterprise must acquire a Trade License from each local authority under which it operates. If a business enterprise has more than one business site, each local authority must acquire a trading license. It is released for a period of one year and has to be periodically renewed. Some government fees are attracted by the Trade License, which typically depends on the business forms.

The process of obtaining trade licenses for companies operating within the area of Dhaka City Corporation is listed below. Some municipal councils have laws that are identical. For more details, you are advised to contact the appropriate local government.

How to get a trade license as a commercial firm in Bangladesh?

STEP 1: Obtain the Correct form.
 
Depending on the type of company, Dhaka City Corporation (DCC) has two types of commercial license. The “K” type needs to be used by a commercial company. Although the ten zonal offices use the same K form, the form must be obtained by a company from its respective zonal office. What sets it apart from that of other zones is a seal and the initials of the officer selling the type. The form will cost Tk. 10.

STEP 2: GET THE LOCAL WARD COMMISSIONER’S CREDENTIALS.

It has to be sent for validation to the local ward commissioner after the form is completed.

STEP 3: Obtain a license book from TK. 50 and Send APPLICATION TO DCCS ZONAL OFFICE WITH SUPPORTING Documents.

For the K Form, it is appropriate to include a rent receipt for the premises on which the company is operating or if owned, a municipal tax payment receipt. Documents to support this include:

3 copies of the owner’s picture in PP format
Leasing receipt or proof of possession of premises

Stage 4: Wait for the enquiry of the Licensing Supervisor (LS) .

The LS usually goes to the business organization for a visit upon submission of the form to check the details given.

Stage 5: PAY PREDETERMINED FEE AND CLOSE TRADE LICENSE.
The company is requested to go to the DCC office to pay the predetermined fee and receive their trade license after inspection by the LS is concluded. The schedule of payments depends on the business category in which the request was filed.

Phase 6: FEE OF SIGNBOARDS

A signboard fee often has to be charged when collecting the trade license. For all forms of companies, 30 percent of the license fee would be paid for signboard fees.

How to get a trade license for a manufacturing firm in Bangladesh?

STEPS PROCESS:

Step 1:PROCURE THE PROPER FORM  

For Tk, the “I” shape will have to be purchased. 10 from the DCC zone office where the manufacturing business has to send its order.

STEP 2:GET CERTIFICATION OF THE LOCAL WARD COMMISSIONER.

The completed form must be checked and certified by the local ward commissioner.

STEP 3:SUBMIT APPLICATION WITH DOCUMENTATION SUPPORTING.

Supporting documents shall include:

3 copies of the owner’s picture of PP scale
Leasing receipt or proof of possession of premises
No neighborhood certificate of objection
A written undertaking for a Tk 150 non-judicial stamped paper
Fire License of the local fire department Environmental Certificate of the DOE

Stage 4: AWAIT ENQUIRY ON THE LICENSING SUPERVISOR (LS).
Upon submission of the form, the LS typically goes to the business entity for a visit to check the details given.

STEP 5: PAY PREDETERMINED FEE AND COLLECT TRADE LICENSE.

After inspection by the LS is concluded, the business is asked to go to the DCC office to pay the predetermined fee and collect their trade license. The fee schedule depends on the business category under which the application was filed.

STEP 6: SIGNBOARD FEE

When collecting the trade license, a signboard fee has to be paid as well. For all types of business the signboard fees will payable 30% of the License fee.

What is drug license in Bangladesh?

You need to get a drug license if you want to deal with medicine. This drug license is issued by the Department of Medicine Administration under the Ministry of Health and Family Planning. License fee is 3000 BDT inside the municipal area and outside the municipal area is BDT 1500.

How to apply for drug licence in bangladesh?

You need the following documetns for getting a drug license in Bangladesh:

  1. Bank statement.
  2. Treasury Chalan of the License fee submission.
  3. The receipt of the rent of the shop or photocopy of the rental agreement. …
  4. An Angikarpotro by another licensed pharmacist.

 

How to get GMP certificate License for drug?

Good manufacturing Practice (GMP) Certificate:

  1. An Application in Company Letter Head
  2. Manufacturing license of medicine
  3. Your company profile
What are the documents required for a trade license in Bangladesh?

An applicant needs the following documents:

  1. Copy of National ID card (NID) of the entrepreneur
  2. Three (3) Passport size Photograph
  3. Copy of Passport (in case of Foreigner)
  4. Necessary Information to fill up the Form
  5. Holding Tax payment receipt
  6. Recent receipt (papers) or ownership proof
  7. 3 copies Passport size photos of the business holder (attested)
  8. A non-judicial stamp of Tk. 150/- for abiding rules of city Corporation
  9. Memorandum & Articles of Association (for Limited Company)
  10. Agreement of partnership (If he / she has a partner)
  11. TIN Certificate of Individual and entity
  12. Certificate of Incorporation (For Limited Company)
  13. Statement of Bank Solvency (Full Clearance)
  14. Work Permit from Bangladesh Investment Development Authority (BIDA)
  15. License from Fire service & Civil Defence (Applicable for Industry)

[Note: Each and every copy should be attested by first class gazette officer/ Word Councilor]

 

How to renew a trade license in Bangladesh?

The renewal process is comparatively routine and no inspection is required. When the trade license comes up for renewal the business has to go the LS.

PROCESS STEPS:

STEP 1: PICK-UP DEMAND BILL FROM THE LICENSE BOOK (THIS BOOK IS VALID FOR FIVE YEARS)

The LS fills in the details in a demand bill upon reviewing the expiring trade license and gives the company the booklet. A four page booklet similar to a bank deposit slip is the demand bill. All the pages are filled with the same information: one page is for the bank and one is for the company.

STEP 2:  PAY RELEVANT FEE AT DESIGNATED BANK

Deposit designated bank through demand bill and it will automatically renew the license.

What is the 2023 trade license fee list in bangladesh?
Business TypeSub TypeTrade License Fees in TakaCity Corporation
Bank, Insurance & Fincial InsttutionScheduled Bank10000Dhaka South City Corporation
Bank, Insurance & Fincial InsttutionScheduled Bank10000Dhaka South City Corporation
Bank, Insurance & Fincial InsttutionInsurance(Branch Office)5000Comilla City Corporation
Bank, Insurance & Fincial InsttutionInsurance(Branch Office)5000Comilla City Corporation
Bank, Insurance & Fincial InsttutionLending Institution(Branch Office)5000Dhaka South City Corporation
Bank, Insurance & Fincial InsttutionLending Institution(Branch Office)5000Comilla City Corporation
Bank, Insurance & Fincial InsttutionCurrency Excenge5000Dhaka South City Corporation
Bank, Insurance & Fincial InsttutionCurrency Excenge5000Comilla City Corporation
Bank, Insurance & Fincial InsttutionStock Buy-Sale Organization(Branch Office)3000Dhaka South City Corporation
Bank, Insurance & Fincial InsttutionStock Buy-Sale Organization(Branch Office)3000Comilla City Corporation
Bank, Insurance & Fincial InsttutionN.G.O(Branch Office)5000Dhaka South City Corporation
Bank, Insurance & Fincial InsttutionN.G.O(Branch Office)5000Dhaka South City Corporation
Business NatureCapital From TakaCapital To Takatrade License FeesSub-Category
Limited Company01000001500Dhaka South City Corporation
Limited Company01000001500Comilla City Corporation
Limited Company1000015000002000Comilla City Corporation
Limited Company1000015000002000Dhaka South City Corporation
Limited Company50000110000003500Comilla City Corporation
Limited Company50000110000003500Dhaka South City Corporation
Limited Company100000125000004500Comilla City Corporation
Limited Company100000125000004500Dhaka South City Corporation
Limited Company250000150000005500Dhaka South City Corporation
Limited Company250000150000005500Comilla City Corporation
Limited Company5000001100000007500Dhaka South City Corporation
Limited Company5000001100000007500Comilla City Corporation
Limited Company100000015000000010000Comilla City Corporation
Limited Company100000015000000010000Dhaka South City Corporation
Limited Company5000000199999999999912000Dhaka South City Corporation
Limited Company5000000199999999999912000Comilla City Corporation
How to register a partnership business in Bangladesh?

PARTNERSHIP -PROCEDURE OF REGISTRATION
A collaboration with the Registrar of Joint Stock Companies and Company of Bangladesh (‘RJSC’) may be registered.

The registration process for the partnership consists of two steps: a) reservation of the name; and b) entity registration. A partnership registration may be done within one or two days under normal circumstances.

Step 1- Selecting the name of the Relationship
The partners are free to choose any term, subject to the following rules, as they want for their partnership firm:

To contribute to misunderstanding, the names must not be too identical or close to the name of another existing company doing similar business. The explanation for this rule is that a company’s image or goodwill can be injured if an allied brand can be adopted by a new company.
The name does not include any terms expressing or suggesting the government’s sanction, approval or sponsorship.
You can apply for name clearance using the RJSC website once you have selected a name.

STEP 2 – PREPARE A PARTNERSHIP DEED You should prepare a partnership deed. Usually, a partnership deed contains the following clauses: Name and Address of the firm as well as all the partners; Nature of business to be carried on; Date of Commencement of business; Duration of Partnership (whether for a fixed period/indefinite time); Capital contribution by each partner; Profit sharing ratio among the partners; Rules to be followed in case of retirement, death and admission of a partner; and The above are the minimum essentials which are required in all partnership deeds. The partners may also mention any additional clauses. The Partnership Deed should be on a stamp paper in accordance with the Stamp Act and should be signed by all partners. Then it should be notarized. STEP 3- REGISTER PARTNERSHIP DEED WITH RJSC The partnership deed and filled up Form I should be filed with RJSC. These documents will be reviewed by the officials of the RJSC. When the officials are satisfied with the points stated in the partnership deed, he shall record an entry of the statement in a register called the Register of Firms and issue a Certificate of Registration. PRIMARY SIDEBAR CATEGORIES Categories Select Category Trademark registration in Bangladesh Copyright registration in Bangladesh Patent in Bangladesh .bd domain registration Work permit in Bangladesh BEPZA work permit How to open a Buying House in Bangladesh Transfer of property in Bangladesh How to check the ownership of a property in Bangladesh
How to get a factory registration certificate in Bangladesh?
The Factory Authority shall apply to the District Offices of the Factories and Establishments Inspection Department for its building, establishment or extension, licensing or renewal.
Documents Required
  • Orginial copy of license fee or renewal fee or Treasury Challan
  • Reciept of Licence and Renewal Fee payment according to the number of workers.
  • Construction design of the factory
  • Photocopy of the trade licence
  • Duly filled in Form 1 and Form 2
  • Memorandum of Association (Limited Company only)
CategoryNumber of WorkersLicense Fee (BDT)Renewal Fee
A5-30500250
B31-501000500
C51-1001500800
D101-20025001200
E201-30030001500
F301-50050002500
G501-75060003000
H751-100080004000
I1001-2000100005000
J2001-300012006000
K3001-5000150007000
L5001 & Above180008000

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Land Law in Bangladesh in 2024 – Rules & Regulations & Everything you need to know

Land Law in Bangladesh in 2024 – Rules & Regulations & Everything you need to know

Land Law in Bangladesh in 2024

This post in will explain in details the Land LAW IN BANGLADESH – Rules & Regulations, Everything about property law that you need to know and be aware of.

Types of Land in Bangladesh

At first let’s summarise the main forms of land properties or title to lands in Bangladesh. It is important to understand that the types of land classified below may co-exist so that there are several layers of tenure in relation to one parcel of land. For example, a person who has common law freehold may enter into a 3-year lease with a tenant, who may in turn lease a room to a sub- tenant.

A. Common Law Freehold: 

Exclusive land ownership for an indefinite period of time. No PRIVATE INDIVIDUAL HAS THE RIGHT TO OWN MORE THAN 20 ACRES OF AGRICULTURAL LAND UNDER BANGLADESHI LAW. It is estimated that 69% of farm land ownership in BANGLADESH IS CURRENTLY COMMON LAW Freehold (as surveyed in 2005).

B. Permanent Lease/ Khas Lease

The right to use a government land plot for a term of 99-years at no expense varying from one to three acres. The Ministry of Lands grants landless persons (i.e. persons without freehold of common law) rights to use khas. Often this type of tenure is called a’ permanent lease.’

C. Leasehold

The right to use land or housing owned by another, also referred to as a money lease, for a fixed period in exchange for payment of rent. It is important to sign leases of more than one year. There is no need to provide one year or fewer leases in writing. 

D. Sharecropping Agreement

Each shareholder and landowner receives one-third of the crop, and the remaining third is allocated on the basis of their contribution to crop costs. Sharecropper contracts must be legacy for at least five years.

E. Customary Ownership

Official government bodies and normal institutions share jurisdiction over property law in the Chittagong Hill Tracts. Nevertheless, customary law is applied in practice and institutions of government seldom interfere.

F. Co-operative Ownership

Cooperative ownership is a condominium-like ownership of an apartment. The purchaser holds stock shares in the building company and a rent or transfer of the apartment being sold by the seller’s contract in a collective ownership.

G. Tied Tenancy

Where a person occupies residential accommodation as an employee of a government agency or private organization, or as an agricultural land labourer.

H. Informal Tenure

There are many forms of unofficial tenure, which means tenure that does not meet the requirements for registration. It includes the following details.
• Leasing without a registered lease— a person who has a verbal AGREEMENT to occupy land or housing for a rent payment of more than one year or from year to year.
• Unregistered land ownership— a person owns land under circumstances but the land is not properly registered. For example, the land transfer was not registered to the current owner, or the current owner owns part of a subdivided block and the subdivision was not registered.

What are the main government and non-government bodies (eg, representative bodies) which administer the land law of Bangladesh rules and regulations or deal with housing, land and property?

The Lands Ministry, which has the following divisions, is the largest government agency responsible for land management, which governs the Land LAW IN BANGLADESH – Rules & Regulations, and Everything regarding property law.


• The Land Record & Survey Directorate is responsible for conducting land surveys and creating individual land registration certificates (khatian) and maps (mouza) for each parcel of land.

• The Land Reform Board is responsible for administering government land (i.e. khas), establishing and collecting land development tax, ENFORCING LAND REFORM LAWS and preparing modified property registration certificates.

• The Land Appeal Board is responsible for the determination of appeals against decisions of government officials on land issues, namely land taxes and land ownership and boundaries as reported in land registration certificates (khatians) and maps (mouza).10 In addition to the above, the Land Registration Department is responsible for the registration of land ownership changes arising from land recording. The LAND REGISTRATION OFFICE IS HOUSED WITHIN THE LAW, Justice and Parliamentary Affairs Ministry. This operates at district level by District Registrars and by Sub Registrars at Upazilla, i.e  in Sub-District Level.

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“TR Barristers in Bangladesh is Considered as one of the leading firms in Property Law in Dhaka, Bangladesh”

Carpe Noctem Bangladesh

LAND DOCUMENT & REGISTRATION PROCESS IN BANGLADESH 

According to Bangladeshi law, the following forms of TRANSACTIONS are required to be registered: leases for more than one year or from year to year; freehold transactions relating to common law, such as transfers or subdivisions; and the granting of 99-year government land leases (khas).

In fact, informal conveyancing is extremely common as there are major issues with the system of land REGISTRATION IN BANGLADESH.We use the word ‘ informal conveyancing’ to refer to transactions that do not comply with the criteria for registration. The World Bank ranks Bangladesh 186th out of 190 countries for the speed, reliability and performance of its land registration processes.17 The shortcomings in the land registration PROCESS IN BANGLADESH are as follows:

• LAND REGISTRATION IS A COMPLICATED, TIME-CONSUMING AND COSTLY PROCESS:

For example, registering a transfer of freehold land in Dhaka will take about 245 days, require a payment of 10 percent of the purchase price and involve eight different procedures.These procedures are generally too difficult for lay people to follow without legal assistance, and too expensive for urban poor people. The cost of land registration is exacerbated by required speed moneys in government offices.

Inaccuracy in certificates:

The reliability of land registration certificates (khatian) and maps (mouza) is undermined by the fact that there are several government agencies involved in the process of land registration and poor coordination between them. At three different offices, ownership rights are registered:

o The Directorate of Land Record & Survey (DLRS) is responsible for conducting surveys of land, including preparing individual land record certificates (khatian) and maps (mouza);
o The Department of Land Registration (DLR) is responsible for registering land transfers and reporting these to the Land Reform Board; and
o The Land Reform Board (LRB) is responsible for manually preparing updated land record certificates.

How ‘TR Barristers in Bangladesh Associates’ helps the purchaser of any land in Bangladesh:

The purchaser often requires a comprehensive due diligence report on several complex issues involving authenticity, title, possession and land transfer history prior to acquisition, purchase of land or long-term lease for commercial purposes. ONLY A PHYSICAL SEARCH OF BOOKS AND RECORDS IN A NUMBER OF OFFICES CAN PROVIDE THE SAME, IN ADDITION TO PHYSICAL SURVEY IS OFTEN REQUIRED TO LOCATE AND MEASURE THE LAND. ONCE DUE DILIGENCE IS DONE, WHEN LAND / BUILDING / APARTMENT IS FOUND TO BE SATISFACTORY, THE PURCHASER ALSO NEEDS ASSISTANCE IN PREPARING THE DOCUMENTATION OF THE DEED OF AGREEMENT for Purchase (Baina); Sale Deed; Lease Agreement, etc. It’s a very complex matter to deal with land.

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How to Transfer property in Bangladesh? 

In Bangladesh, the transfer of property is GOVERNED by the Transfer of Property Act 1882, which essentially shapes the Land Law in Bangladesh & Rules and regulatations. In this act, “transfer of property” means an act by which a living person transmits property to one or more other living persons, or to himself, or to himself, or to one or more other living persons, in the present or future; and “transfer of property” means such an act. “Living PERSON” INCLUDES AN INDIVIDUAL CORPORATION or association or body.

There are four modes of property transfer given below: sale; lease; exchange; and inheritance and mortgage transfer of gift property.

SALE:

Sale is an ownership transfer in exchange for a price paid or promised or part paid or promised. Unless the price is determined, a sale is not complete.

Contract for Sale: If the seller and buyer agree to sell or buy the property at a later stage, the seller and buyer must enter into a contract for sale. A agreement establishes a contractual responsibility between the buyer and the seller, and a contract for sale does not change ownership of the property. A sales contract in the sub-registry should be registered.

LEASE:

The lease of immovable property is a transfer of the right to enjoy such property, made expressly or implied or in perpetuity for a certain period of time, in consideration of a price paid or promised, or in consideration of money, a share of crops, services or any other value.

EXCHANGE:

The trade is called an exchange if two people swap each other’s ownership of one item for the possession of another, one thing or both things being cash only.

GIFT:

Gift is the transfer of certain existing mobile property made voluntarily and without consideration by a person called the donor, to another PERSON CALLED THE DONOR AND ACCEPTED BY THE DONOR OR ON BEHALF OF HIM. 

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“The lease of immovable property is a transfer of the right to enjoy such property, made expressly or implied or in perpetuity for a certain period of time, in consideration of a price paid or promised, or in consideration of money, a share of crops, services or any other value.”

Land Registration in Bangladesh

REGISTRATION IS MANDATORY

Under the present LAWS OF BANGLADESH, the deed by which the property will be transferred is required to be registered with the relevant Sub Registry Office. Non registered document has no legal value and the any party will not be able to enforce his/her right if the deed is not registered.

RECORD OF RIGHTS

If the name of the transferor is not found in the latest Khatian or his/her name is not mutated, the Sub Registrar will refuse to register the transfer deed. Therefore it is mandatory to mutate the name of the transferor in the latest Khatian.

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If you wish to know about the rquired steps to go through before buying any property in Bangladesh, go through the Article Below. This post deals with the questions like Why it’s important to verify the ownership of any property in Bangladesh? How to find the Ownership of a Land?

How to find the Ownership of a Land | Check the Legitimacy of Property you buy in BD

  • Here we have described in details (nine steps), the procedure of verifying the property of any ownership of any properties in Bangladesh.

By choosing TRW Law Firm, clients can be confident that their land documents are in capable hands, backed by legal professionals who are dedicated to achieving the best possible outcomes.


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