Cyber Law of Bangladesh | Internet Law, Web, ICT Act Rules, Regulations & Punishment and Rights in Bangladesh

Cyber Law of Bangladesh | Internet Law, Web, ICT Act Rules, Regulations & Punishment and Rights in Bangladesh

Online Law / Internet Law in Bangladesh | ICT Act Rules, Regulations & Rights | A Complete Overview

Tahmidur Rahman, Senior Associate, Counsels Law Partners

20 Oct 2019

This post in will explain in details the Online Law / Internet Law in Bangladesh | ICT Rules, Regulations and Rights in Bangladesh as an internet user with interactive diagrams and step by step discussion of different jurisdictions related using Information Technology in Bangladesh.

ICT ACT 2006 

In order to facilitate e-commerce and promote the growth of information technology, the Information and Communication Technology Act (ICT) of 2006 of Bangladesh established provisions with a maximum penalty of up to 10 years imprisonment or a fine of up to 10 million taka or both. The ICT Act, 2006 as amended in 2013 is obviously quite a brilliant feat in the cyber law field of Bangladeh.

In Bangladesh, the ICT Act, 2006 was enacted to prevent cybercrimes and regulates e-commerce. Before this Act was enacted, the law applicable to cyber offences was the Penal Code, which was enacted long ago in 1860 when nobody even thought of computer technology or cyber crime. With the entry into force of the ICT Act, 2006, in order to meet the new requirements of cyber space crimes as well as c-commerce disputes, it becomes necessary to introduce certain consequential changes in certain provisions of the Penal Code, 1860 as well as in the Evidence Act, 1872.

What are the main offences in Bangladesh in regards to the Information Technology Law, Internet and ICT Act?

 Some of the main offences are pointed out below that may arise out of Online Law / Internet Law in Bangladesh|ICT Rules, Regulations and Rights in Bangladesh (not in any specific order.)

1. Fake Electronic Publication

 

If any person intentionally publishes or transmits or causes to be published or transmitted on the website or in an electrical form any material which is false or obscene or which has the effect of tending to debase and corrupt persons, who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it, or causes to deteriorate or creates possibility to deteriorate law and order, prejudice the image of the State or person or causes to hurt or may hurt religious belief or instigate against any person or organization, then this activity will be regarded as an offence.

Punishment for Fake Electronic Publication

 

Anyone who commits the offense of electrically publishing false, obscene or defaming information shall be punished with imprisonment for a term of at least 7 years and a maximum of 14 years, and with a fine of up to 10 Taka lakes or both.

 

2. Hacking an electronic device ( Hacking a Computer/Phone/Info):

 

If any person with the intent to cause or knowing that he is likely to cause wrongful loss or damage to the public or any person, does any act and thereby destroys, deletes or alters any information residing in a computer resource or diminishes its value or utility or affects it injuriously by any means or damages through illegal access to any such computer, computer network or any other electronic system which do not belong to him, then such activity shall be treated as hacking offence.

Punishment of Hacking an electronic device ( Hacking a Computer/Phone/Info):

 

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3. Unauthorized access to protected systems in Bangladesh

Any person who secures access to or attempts to secure access to a protected system will be treated as an offence.

◘ Punishment for Unauthorised Access to Protected Systems

Anyone who commits an offense of unauthorized access to protected systems shall be punished with imprisonment for a term which may extend to a minimum of 7 years and a maximum of 14 years or a fine which may extend to or with 10 lakes of Taka.

4. Disclosure of confidentiality and privacy in Bangladesh:

No person having secured access to any electronic record, book, register, correspondence, information, document or other material shall disclose such electronic record book, register, correspondence, information, document or other material to any other person without the consent of the person concerned as an offence.

 

Punishment for disclosure of confidentiality and Privacy

Any person committing disclosure of confidentiality and privacy shall be punished with imprisonment for a term of up to two years or with a fine of up to two Taka lakes or both.

Using a computer to help commit an offence in Bangladesh

Whoever knowingly assists in committing crimes under the ICT Act, using any computer, email or computer network, resource or system shall be considered an offense.

◘ Punishment for using a computer to help commit an offence

Any person who assists in committing an offense as set out above shall be punished with the penalty for the core offence.

 

How ‘Tahmidur Rahman, Counsels Law Partners & Associates’ helps the purchaser of any land in Bangladesh:

The Barristers, Advocates, and lawyers at CLP in Gulshan, Dhaka, Bangladesh are highly experienced at assisting clients in dealing with all kinds of offences and punishments under the ICT Act. For queries or legal assistance in regards to Online Law / Internet Law in Bangladesh | ICT feel free to call us on that green button or email us at [email protected]

What is the purpose of the ICT Act 2006 in Bangladesh(Online Law / Internet Law in Bangladesh | ICT)?

The purpose of this Act is to guarantee the legal security of documentary communications between persons, partnerships and the State, irrespective of the medium used; the consistency of legal rules and their application to documentary communications using information technology-based media, whether electronic, magnetic, optical, wireless or otherwise, or based on technology combinations.

The ICT Act promotes the Public Key Technology Trust Chain. The law allows digital certificate infrastructure to be developed and managed by the Controller of Certifying Authorities (CCA), including audits to be carried out.

The ICT law was formulated to promote the development of Bangladesh’s information and communication technologies. The aim is to facilitate the use of information and communication technologies to build the information society.

Where the information contained in a document is considered confidential by statute, confidentiality must be covered by appropriate means, including on a communication network.

Some Cyber Crimes which are to be dealt through this act are follows:

  • Hacking or unauthorised entry into information systems
  • Introduction of viruses
  • Publishing or distributing obscene content in electronic form
  • Tampering with electronic documents required by law
  • Fraud using electronic documents
  • Violation of privacy rights such as STALKING
  • Violation of copyright, trademark or trademark rights

Advantages to be fruitful from the Act:

This Act has provided us with few advantages such as the conduct of important security issues under the ICT Act, 2006, which are so critical to the success of electronic transactions. The Act has given the concept of secure digital signatures a legal definition that would have to be passed through a system of a security procedure, as stipulated by the government at a later date. On the other hand, businesses can now conduct electronic commerce using the legislative framework established by the Act. This Act also provided other facilities for the operation of cyber business or information and technology sector.

Criticism of the ICT Act 2006

Although Critics ocassionally point out that certain specific limitations of the Act still remain. (Online Law / Internet Law in Bangladesh | ICT)

A. Practical Difficulty of Application

 

The legislation was originally intended to apply to crimes committed both in Bangladesh and worldwide but barely people practically take actions to execute their rights under the act.

B. Difficulties with Electronic Transaction

 

‘The enactment has an important effect on Bangladesh’s e-commerce and m-commerce. But as for the electronic payment of any transaction it keeps itself almost impractical.

 

C. Intellectual property Security

 The Act is not vocal on the various intellectual property rights, such as copyright, trademark and e-information and data patent rights.

 

D. Not Addressing Mobile crime and contradicting Email Evidence

One of the staggering part of the act is that no crime committed via mobile phones is addressed in the Act. Also, this law admitted to convey emails as evidence, contrary to the Evidence Act of the country, which does not recognize emails as evidence.

 

 

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

Tahmidur Rahman, Associate, Counsels Law Partners
LLB. Bsc CSE

10 January, 2020

What it’s important to verify the ownership of any property in Bangladesh? How to find the Ownership of a Land?

Buying any land/flat/apartment or in case any property in Bangladesh is a serious investment in your life, so it is only wise that you are thorough and mindful to avoid future problems. In Bangladesh, if you haven’t purchased it from a trusted source, you can sometimes invest in a property and face disputes later. The smart thing to do is to check property ownership while purchasing so you don’t have any regrets in the future. Although control of ownership is a tedious job in Bangladesh, it is a very important step in buying property.

What are the steps to go through before buying a Property in Bangladesh?

Here is an infographics which shows six precise yet summarsied important steps of verification for buying any property in Bangladesh. (Six Steps of How to find the Ownership of a Land before buying any property (land,flat,lease,Apartment) in Bangladesh.)

In Bangladesh, there is a very common dispute over property ownership. Property records are easily forged and inaccurate. If any person is not cautious when buying a property, they may face problems, possibly litigation at a later stage with ownership of the property. Checking property ownership in Bangladesh, however, is a laborious job.

However before we deep dive into the verification process of any property (How to find the Ownership of a Land), if you want to have a in depth knowledge about Land Law and it’s rules and regulations in Bangladesh, go through the article below.

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

  • 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.

Nine Steps of Verifying the ownership of any Property in Bangladesh-

 

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

 

Step 1: Gather Sufficient Information about the Property

 

You should try to assimilate all relevant information about the property you want to purchase. Some specific information that can help you find property records are plot (dag) no, khatian number, current owner, address of holding, etc. Without these informations, it will not be possible to check the records/legitimacy of the property in question.

Step 2: Information about the Chain of History of the Property

 

Next, the buyer should try to find the property’s history. The current owner and local people should get a primary idea. This history should be verified against the property’s relevant documents.From the current owner or neighbourhood, you can get a primary idea. This should be checked for authenticity against relevant property documents.

 

Step 3: Authenticity of the Title Deeds

To check property documents, the most important thing to do is to determine the authenticity of the Title Deed. This can be verified by performing a sub-registry office search. Each registered deed has in the Sub Registry Office a record of the original deed in which it was registered. You can also purchase a certified copy of the certificate by paying the Sub Registrar a small government fee. If the inheritance of the property is obtained, the predecessor’s deed and Partition Deed (Bonton nama) must also be verified.

 

You are also advised to conduct a record check at the Sub Registry Office for the past 10 years.The search will reveal if the property has been previously transferred or mortgaged.

Step 4: Check The Khaitan/Porcha

You must also verify Khatian / Porcha to know the authenticity of ownership of the property. A khatian is a property identification document. It is not an act of ownership on its own, but merely a record of rights. At the local Land office, DC office, you can get this. Ensure proper checking of certified copies. You should check the owner’s name against the history set out in the Deed. If they don’t match, it should be justified.

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Step 5: Check the Mutation Khaitan

If the latest Khatian / Porcha does not include the name of the present owner, then it is compulsory to change the property from the old owner in the Khatian / Porcha in the name of the present owner. Without this step, it is incomplete to transfer ownership of property. The mutation consists mainly of three papers I Mutation letter (Namjari Jomavag prostabpotro); (ii) Duplicate Carbon Rashid (DCR); and (iii) Khatian mutation. Mutation is performed by Assistant Commissioner (AC) Land in Bangladesh.

Step 6: Check Whether the Property is Leased from the Government

The government leases lots of the property in Bangladesh (especially residential property in the cities). These leases ‘ tenor varies. Government leased these properties in most cases through its agencies such as the Public Works Department, RAJUK, CDA, etc. In virtually all instances, government agencies ‘ permits are required for any type of activity in the leased land.

An interested buyer in the relevant government offices should physically check the records of the relevant property.

Step 7: Verify the Land Tax Record.

If land tax has not been paid in due time by the current owner, then the government can seize your property at any time, so you must always check the land tax records.

Step 8: Check the Building Plan and the Approval

If there is any construction on the ground or in the case of an apartment or flat, the buyer will check the building plan, letter of approval to ensure that the building is designed according to the plan.

Step 9: Verifying the Property being present Physically.

If there is any construction on the ground or in the case of an apartment or flat, the buyer will check the building plan, letter of approval to ensure that the building is designed according to the plan.

 

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Tahmidur Rahman, Senior Associate

28 Oct 2019

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.

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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

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 Counsels Law Partners

If the other party participates in unfair practices, this could be reversed by an appeal to a negative judgment. Counsels Law Partners 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 Counsels Law Partners, Dhaka, Bangladesh law firm, are highly experienced in dealing with them.

For Legal Support regarding Nari o shishu nirjatan daman ain by Counsels Law Partners: 

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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 Bangladesh – Law, Solution, Retrieve, Remedies, Punishment – A complete Overview

Tahmidur Rahman, Senior Associate 

5 Aug 2019

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.

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.

 

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.

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.

“Tahmidur Rahman|Counsels Law Partners is Considered as one of the leading firms in Banking Law in Bangladesh”

Telegraph Bangladesh

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.

Skyscrapers in Bangladesh

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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

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.

 

“Counsels Law Partners 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

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!

  • Step by Step Process of Registering a Company in Bangladesh

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.

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

Carpe Noctem Bangladesh

Trade License Renewal Process in Bangladesh 

 

The renewal process for your business licenses You must collect a form. There will be options in the form from 1 to 18. From 1 to 6, you must write the name of the institution, the name of the applicant, the name of the applicant’s parents.

If there are two people to start trading, the name of two people should be included. In addition, the two applicants ‘ pictures should be included. But you have to pick one from the business while dealing with different people. Accessing this person can accomplish the application.

The address of the company should be noted in the 7 number blank box. You must write the number of national identity cards in the 8 number blank boxes. You need to write down seriously in the 10 number empty boxes. You’ve got to write your mobile number there. You have to fill in the entire form in this way until the end. You must submit this to the authority by completing the form. You will then have the approval for renewal to continue your business legally. It’s not difficult to renew trading licenses. Only, according to the procedure, you have to go. You can do all the work perfectly within one day.

You may contact us to know how to renew your business license in detail.

“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.”

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.

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