NGO and INGO Registration Procedure in Bangladesh

NGO and INGO Registration Procedure in Bangladesh

NGO registration in Bangladesh- A complete guide in 2020- Everything you need to know

Tahmidur Rahman, Senior Associate, Counsels Law Partners

2 Jan 2020

This post in details will explain in details about NGO and INGO registration in Bangladesh, the timeline, the concerns and types of NGOs , NGO’s Affairs Bureau,  key parts of the Foreign Donations (Voluntary Activities) Regulations Act, 2016 (FDRA) Act, and the compliances to maintain with Joint Stock Companies and Firms, Department of Social Services with clear directions and infographics.

NGO’s in Bangladesh

Non-governmental organizations (NGOs) play an significant role in developed countries ‘ economic growth. They provide services to society through community development welfare work, national disaster assistance, sustainable system development, and grassroots movements. They are taking numerable steps to improve our community.

With the record of being the most densely populated nation on earth and a poor workforce, Bangladesh faces a huge challenge to meet the demands of its ever-increasing population.

For coping with such population, Organisations are working as the foundation of society. There are several types of organizations, but under the main heading, they can be categorized into three parts:

  • Government organisations, 
  • private organizations and 
  • non-governmental organisations. 

NGO’s have a positive outlook to the society compared to two other wings of the societal organisations. Many activists also dream of making their own NGO to improve society, but by no way build a child’s play. Now, to grasp the whole premise, we will need to recognize a few things.

What is an NGO?

The Non-Governmental Organization is a legal body that is not a direct member of the government, independent of government power, and not a direct political competitor.

Generally, NGOs are set up by a group of people who aim to create a positive difference in society. They raise money from different donors around the world and try to fulfill their mission. NGOs may be of different kinds, such as zoning, state, international, etc.

The NGO was first formally visualised in Article 71 of the Charter of the United Nations, which states: ‘The Economic and Social Council may make appropriate arrangements for consultation with non-governmental organisations.’

A non-governmental organization is a legal body that is not a direct part of a government, independent of government control, and not a direct political competitor.

Differences between an NGO and other organisations

In Today’s world, modern organisations are very nuanced in terms of thoroughness, for example, NGOs are working with the government, and some of them are also binding.

So things blur time to time, in general, NGO’s are considered to be non-profit, non-government-dependent, and to serve their specific function, but they may be a helping hand of the government, collect money, and make profit in order to fulfill their function.

They may not abide by company law or business law, but may be interested in the business as a separate agency of a related NGO. So close observation is required on both the de facto and the de jure activities of the NGO.

Thus, it can be inferred that the process of creation, the mission and the activities of an entity are the final proof that it is an NGO; that it must not be a completely viable business agency, or that it must serve the purpose of its constitution and function accordingly to the part of the government under which it operates for government purposes.

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Conventional NGO programs in Bangladesh

 On the basis of funding, we can further extend the scope of NGOs, such as locally sponsored, government-funded, foreign government-supported, national and international organizations. NGOs conventionally cover a wide range of sectors.

Typical NGO and INGO programs in Bangladesh are:

  • BINGO: business-friendly international NGO (example: Red Cross)
  • ENGO: environmental NGO (Greenpeace and World Wildlife Fund)
  • GONGO: government-organized non-governmental organization (International Union for Conservation of Nature)
  • INGO: international NGO (Oxfam)
  • QUANGO: quasi-autonomous NGO (International Organization for Standardization [ISO])

    In addition to that the other general scopes are:

  • Human Rights
  • Woman Rights
  • Humanitarian Situation
  • Health issue
  • Education Sectior
  • Responding to health crises
  • Environmental issues
  • Economic programs
  • Skills development
  • Local development
  • Addressing Social issues
  • Religious perspective ( support and help)
  • Research purpose
  • Survey and Study

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

How to register an NGO in Bangladesh?

To get an NGO or an INGO registered in Bangladesh or an organization willing to operate or obtain foreign funding for the purpose of undertaking or carrying out any voluntary operation, it is imperative that such an organization be registered with the authority concerned and comply with the Government’s requirements.

According to the laws of Bangladesh, the term “voluntary activity” can be specified as “an activity undertaken or carried out by any person or organization of his or her own free will to provide agricultural, relief, missionary, educational , cultural, vocational, social, welfare and development services, and includes any activity that the Government can, from time to time, consider to be a Voluntary activity.”

 

NGO and INGO registration in Bangladesh

Any entity whose activities fall within the ambit of the definition mentioned above needs to have it registered to carry out its operation in Bangladesh.

In order to register an International Non-Government Organization (INGO) or local based Non-Government Organization (NGO), an application needs to be filed with the concerned authority. 

The NGO Affairs Bureau (NGOAB) (which is under the Ministry of Social Welfare of Bangladesh) and the Ministry of Home Affairs shall be the relevant authorities in Bangladesh in this regard.

However, for example the Ministry of Health & Family Welfare or Ministry of Disaster Management and Relief or any other relevant authority which administers the entity’s activity shall also play a vital role. 

An NGO in Bangladesh can be registered in three ways: 

A. Under NGO Affairs Bureau 

B. Under the Department of Social Services (DSS)

C. Under Joint stock companies and firms

 

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Process of NGO registration Under NGO Affairs Bureau in Bangladesh

Firstly, the registration of the INGO or the NGO must be carried out by the body of the NGOAB concerned. Application in the specified form shall be made to the NGOAB along with payment of the required fee and all related documents such as operation report, letter of intent, constitution, copy of the Treasury Challenge with respect to payment of registration fees, etc.

Upon submission of the application to the NGOAB, it shall be forwarded to the Ministry of Social Security and also to the Ministry of Home Affairs for review and inspection of the documents submitted.

Upon receipt of the papers, the Ministries concerned shall nominate the Special Branch of Police and National Security Intelligence to carry out a security check on the applicant and on such a matter of inspection as clearance forwarded to the Ministry of Home Affairs, provided that the approved bodies are pleased with their enquiries.

Once the approval has been issued to the NGOAB, it shall continue with the audit and final inspection of the documents. Acted mainly under the International Donations (Voluntary Activities) Regulations Act, 2016 (FDRA); to register an NGO, certain tasks must be completed; (as stated in section 4 of the FDRA) :

 

  • FD-1 Form (signed by Chief Executive in Bangladesh) – 9 copies
  • Certificate of incorporation in the Country of origin – 3 copies
  • Constitution – 4 copies
  • Activities Report – 6 copies
  • PIan of Operation (Work/Organogram) –  4 copies
  • Decision of the committee/ Board to open an office in Bangladesh – 4 copies
  • Letter of Appointment of the Country Representative – 4 copies
  • Copy of Treasury challan in support of depositing 50000 Taka for local NGO and USD $ 9,000 or Equivalent TK amount for foreign NGO in the Code 1-0323-0000-1836 and 15% Vat Code No (1-1133-00 35 -0311)  – 3 copies
  • Deed of agreement stamp of TK.300 with the landlord in support of opening the office in Bangladesh – 3 copies
  • List of Executive Committee (foreign) –  4 copies
  • Letter of Intent – 5


Note: AII documents from abroad should be notarized by Justice of peace or attested by Bangladesh Embassy.

NGO registration in Bangladesh_How to register a NGO in Bangladesh

Foreign Donations (Voluntary Activities) Regulations Act, 2016 (FDRA)

As per, Foreign Donations (Voluntary Activities) Regulations Act, 2016 (FDRA), under section 2(1) and foreign donations under section 2(5) which is very important to operate an NGO in Bangladesh.

 

  • Section 3 of the Act made it necessary for NGOs to register where there is some international transaction. This act shall take precedence over all other current and relevant legislation.
  • Officials are to verify documents and authorize the NGO for a term of 10 years. It must be re-submitted in order to renew period 6  months before the end of the 10-year term. It placed certain barriers under section 5 to accept donations from certain individuals.

    Section 6 stipulated that the appointment of International Consultant, Advisor or Officer and International Tours must be notified by the Government of their security clearance.

  • Section 9 for the management of the account of foreign donations, as well as for each NGO and person, shall maintain its accounts in the specified manner and prepare an annual statement of accounts; (section 12) for the approved audit firms.
  • Section 10 empowers the Government to carry out surveillance, monitoring and analysis of every NGO.
  • Under section 15 the Act said if any NGO violates this law or any law of Bangladesh the can take appropriate action against that NGO.

Registration of NGO under the Department of Social Services (DSS)

This is done under the Ministry of Social Welfare The application process is simpler here as the online application system is available and the processing period is estimated to be about 7 months long [further verification needed]. But catch registration with DSS only allows you to work in Bangladesh only does it not allow you to receive foreign donations. Follow this link for more information and procedures. The main legal instruments are as follows:

1) SOCIAL WELFARE Organizations VOLUNTARY (REGISTRATION AND CONTROL) ORDINANCE, 1961
2) স্বেচ্ছাসেবী সমাজকল্যাণ সংস্থাসমূহ (নিবন্ধন ও নিয়ন্ত্রণ) বিধি ১৯৬২

Registration of NGO through RJSC in Bangladesh

Registration with RJSC is a more formal approach towards registering an NGO in Bangladesh, but often deemed as more desirable because it offers:

1) Quicker response time for applications
2) Smoother application process;

First, you need to get a name clearance like a company name clearance. The next step in the process is the actual application for registration of the entity. This request must be submitted on paper along with all the necessary documentation (and the approval of the name clearance). Later, the Intelligence Department will have a check-up and send a report to RUSC. That’s it.
The procedure is based on the SOCIETIES REGISTRATION ACT of 1860.

“As per, Foreign Donations (Voluntary Activities) Regulations Act, 2016 (FDRA), under section 2(1) and foreign donations under section 2(5) which is very important to operate an NGO in Bangladesh.”

 

NGO registration in Bangladesh_NGO and INGO in Bangladesh

Frequently Asked Questions about NGO and INGOs in bangladesh

In regards to NGO registration in bangladesh people also ask these questions frequently, hence this FAQ content block is dedicated to answering your questions.

General Questions about NGO registration in bangladesh

What is the rule of a NGO?

Every NGO in Bangladesh is legally mandated to document the Memorandum of Understanding. It includes the name and address of the NGO, the mission and goals, specifics of the governing body, information on human resources and personnel, rules and regulations, administrative laws and procedures.

How many NGO's are there in Bangladesh?

3000+.

Currently, approximately 3000+ (including local and international) NGOs are registered under the legislation of Goverment of Bangladesh. A total of 240+ foreign Non-government organizations (NGO) of 30+ countries have been operational in the country

Which is the biggest NGO in Bangladesh?

Based on the number of employees, BRAC is considered as the largest NGO (non-governmental development organisation) in the world not only in Bangladesh! 

What is the model NGO guide?

United Nations Model NGO Guide. Since the founding of the United Nations, NGOs have been core members of the policy and implementation process. NGOs or non-governmental organizations are non-profit organisations focused on humanitarian, human rights and sustainable development issues around the world.

How many members there should be in my NGO?
Conventionally there shhould atelast be 7 members . There is no upper limit on the number of members of the group. These members have different designations which can be determined between them.
What is the head of an NGO called?

The Board of Directors of the NGO is at the top. The NGO Board is a legal requirement in most countries to be formally registered with local authorities. Most NGOs stipulate that membership of the Board is voluntary and non-remunerative. Board meetings shall be held closed, while written processes, reports and minutes may be made available for the purposes of accountability.

Who are considered as top managements of a NGO?

The top management of an NGO consists of three entities –

  • the Board of Directors,
  • the General Assembly, and
  • the Executive Director. 
Who are responsible for the day to day functioning of an NGO?

The staff members of the NGO shall be responsible for the day-to-day operation and execution of its programs and projects. They report to the Executive Director, who is ultimately responsible for the operations of the NGO. (See Figure 3) The staff members of the NGO fall into three groups-responsible for activities related to (1) management, (2) advertisement and (3) programs / projects.

How do NGO's get funding in Bangladesh?

NGOs in Bangladesh may receive, coordinate and collect funds through a variety of sources, procedures, initiatives, ventures and activities: grants through funding agencies through ventures. Grant from the International Development Agency and   Fund Raising from the Corporate Department under the CSR.

What are the differences between a NGO and a Non-profit?

The NGO is a non-governmental organisation. A non-profit organization uses the excess funds for the benefit of the organization, rather than splitting them between the members and the owners of the company. Examples of NPOs are performing arts organisations, trade unions and charities.

NGO and INGO registration at Tahmidur Rahman CLP:

The legal team of Tahmidur Rahman, Counsels Law Partners CLP are highly experienced in providing all kinds of services related to registering NGO, non profit and charitable trust in Bangladesh . For queries or legal assistance, please reach us at:

E-mail: tahmidur@counselslaw.com
Phone: +8801727983838

Address: House 39, Road 126 (3rd Floor) Islam Mansion, Gulshan 1, Dhaka

 

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Email us anytime : tahmidur@counselslaw.com

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Charitable Trust in Bangladesh

Charitable Trust in Bangladesh

Charitable Trust in Bangladesh | Laws, Formation, Regulation of Charitable Trust| Everything you need to know about Charitable Trust in Bangladesh

Tahmidur Rahman, Senior Associate, Counsels Law Partners

2 Oct 2019

This post in will explain in details about Charitable Trust in Bangladesh| Formation Process of a charity, Regulation of the Trust etc. | Everything about Charitable trust that you need to know and be aware of.

What is a Charitable Trust?

 

A charitable trust is a group of properties or assests that a beneficiary signed over or uses to create a charitable fund, typically with liquid investment. The assets are owned and handled for a fixed period of time by the charity, with some or all of the value that the assets produce going to charity. This may take the form of a permanently fixed sum per year, called an annuity or uni-trust, which measures annual payments based on a percentage of the value of the trust in a given year and is therefore subject to adjustment. Conventionally there are no set beneficiaries of a charitable trust. That is true even where the people who directly benefit from the trust are easily ascertainable, say for the elderly or the disabled in the case of a residential home. In the case of a charitable trust, the obligation of assurance is relaxed in the following sense: as long as it is evident that the settlor wished to commit funds to charity, it will not matter if the precise charitable aims desired by the settlor are well defined; the court must formulate a charitable use scheme for the funds. Charitable trust might also last indefinitely depending on the conditions or the investment.

The requirement for being identified as a ‘Charity’ in Bangladesh

Whether a certain purpose is charitable can be determined by treating the issue in two factors:
a) Is the purpose or the intention of the trust is prima facie charitable?
b) If so, is it in the public interest? 

Advantages of Setting up Charitable and Religious Trusts in Bangladesh

 

  • In the case of a charitable trust, the presumption of assurance is relaxed in the following sense: as long as it is clear that the settlor intended to commit funds to charity, it does not matter if the specific charitable purposes intended by the settlor are specifically specified, Thus, for example, a trust will be perfectly legitimate simply for charitable purposes.
  • A Trust in Charity can last forever. Where charitable trust funds remain but the original charitable intent is basically no longer achievable, the cy-près doctrine will be applied to establish a new, workable, charitable purpose trust for the funds.
  •  There are significant fiscal advantages in the form of a reduction or exemption from different taxes and charges. Without going into the specifics of these tax benefits, one should consider their practical significance to individual charities and the wider concerns posed by this type of tax relief for any reason that falls under the legal definition of charity.

 

Charitable and Religious Trusts Law in Bangladesh 

In Bangladesh, such laws have been enacted to govern and control the activities of charitable trusts regardless of their legal status. Such laws specifically influence the relationship between the non-profit agency and the government, and the creation and control of their activities. Which include:

ii) Voluntary Social Welfare Agencies (Registration and Control) Ordinance 1961 (iii) Compliance Rules on Foreign Donations (Voluntary Activities), 1978 (iv) Microfinance Regulatory Policy, 2006 (v) Foreign Contributions (Compliance) Ordinance 1982 (vi) Society Registration Act, 1860 (vii) Trust Act 1882 (viii) Company Act 1994  

 

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The concept of  Trust in Bangladesh

In Bangladesh both private and public trusts are in operation. A private trust is one where certain chosen persons are given profit, i.e  the beneficiaries are   listed. For instance, in trust for C, A conveys its land to B, where B will work as the trustee for C. In order to establish the trust, one must designate the trust property as the holder, and must also appoint an individual or group of individuals to serve as trustees with respect to the trust. When choosing the trustees, it should be borne in mind that only those who are capable of legitimately owning property and are capable of implementing contracts should be trustees. A minor or an insane person, for example, can’t serve as a trustee. Trustees have strong, if not onerous, legal duties which they have to adhere strictly to. Therefore the chosen settlor trustees are always to be told of their legal responsibilities. These trustees have the right to obtain any fees / remuneration for their work.

In addition, there must be a simple and definite ‘intention’ or ‘intent’ of creating the trust. Can not be made for reasons unknown or undefined. It goes without saying that the trust ‘s intent has to be a lawful one, above and above. As for example, a trust may be established for the education of poor children in an area; for certain medical purposes; for charitable purposes; for the protection of someone; for the creation of a scholarship or school, or even for the benefit of a single individual or a particular group of people. The individual or group of people profiting from the trust would be legally recognized as the trust’s ‘beneficiaries.’ 

In regards to charitable trust in Bangladesh, the trust is extended on the public at large in a mutual confidence gain. Recipients are not visible here. Trusts to support activities relating to general health or education are charitable trusts. This could be a faith in charity or in religion. For examples, A transfers its property to B for the construction of a hospital for the general population.   

Permission and Registration in regards to creation of waqf

Under the terms of the Registration Act, if the trust property is an immovable property (e.g. land) the trust deed has to be registered. Unless, on the other hand, the property in question is not fixed but mobile, like, money or otherwise, then there is no legal requirement to register the instrument of trust. Regardless of the disposition of the fiduciary interest, your father will transfer the interest to the trustees following the required legal formalities annexed to the transfer of that type of property.

However it’s important to remember that there is no obligation for any authority to take any permission to establish a trust. Nevertheless, permission / registration is required to establish a Waqf. Waqf means the permanent dedication of any movable or immovable property by a person professing Islam, for any reason recognised by Muslim law as holy, religious or charitable. Trust and Waqf are terms which are essentially related. However, there are variations in the intent, administration, and regulating legislation. 

The WAQF Ordinance 1962 and Charitable Trust in Bangladesh

Like the English definition of trust, the Muslim Law which is implemented in Bangladesh recognizes a waqf institution. A property owner, both movable and immovable, may settle his property in perpetuity for the use of beneficiaries. The owner can create a waqf by making a declaration in an instrument. The so settled property is known as the waqf property and the person who creates the waqf is known as a waqif. The waqf is governed by a trustee who according to the waqf instrument requirements is known as a mutawalli. 

The Waqfs Ordinance 1962 mandates all waqfs to be registered at the Waqf Administrator ‘s office via a request made by the waqf property’s Mutawallis. Upon receipt of the letter, the Administrator shall continue with the registration of the waqf property after which the Administrator shall hold its detailed details in his record, including the deeds, the name of the mutawalli and the rules of succession to the mutawalli office. The 1962 Ordinance has no provision to terminate the waqf, as it requires a permanent dedication of a house. But the Ordinance empowers the Waqf Administrator to take over and assume the administration, control and management of any waqf property when it is found that the waqf ‘s objectives are not being properly accomplished in the context of its intended purposes and when this event occurs, the Administrator or the waqif may contact the court and seek its guidance in this regard. 

 

Classification of Waqf – Trust in Bangladesh

 

A wakf produced during death is known as a testamentary wakf-23-as in the case of a gift
Wakf is commonly divisible into two
(i) Wakf helping the general public;
(ii) Wakf supporting their relatives, children or offspring.
(A) wakf helping the general public: wakf (Masliah -al aama) e. g. Mosques, cemeteries, dargae, takias etc.

 

 The key legislation on this public wakf in Bangladesh is the 1962 Wakf Ordinance (Ord No. 1 of 1962), which was enacted to update and amend the law on the administration and management of wakf property in Bangladesh.
(B) relatives, children or descendants benefiting from wakf: these may be of three types.

 

Under the provisions of Employee Rights & Labour Law in Bangladesh, it is brought up the working hours of a worker, such as:

 

Exclusively for the family: The Muslim Law accepts wakfs for the family. The view is expressed by Ameer All relying on a number of Prophet (sm) traditions that a Wakf is a legitimate one only for the benefit of the family of the Wakif (without any provision for charity). Bikani-Bikan Mia vs. Shuk Lai . But this view of Ameer Ali was disapproved by the Privy Council and it was held that wakf,exclusively for one’s family was not a wakf for charitable purposes and was therefore invalid.

 

  • Wakfs substantially for the familly ,with some provisions for charity :  Before the enactment of the 1913 Act, the private council held that if the primary purpose of the wakf was the aggrandizement of the estate, the wakf would be null even if there were any illusory gift for charity.
    Abdul Fata Mohammad vs. Rasamaya (I. L. R 22 Cal. 619 (PC) It was held that a wakf for both the chanty and the family was valid only if the property had been significantly committed to charitable purposes but not otherwise. According to the Act, 1913 wakf is accepted significantly for relatives, the only prerequisite being absolute commitment to charity. The Act is intended to extend and not limit the law relating to wakfs. 

 

(iii) Wakfs substantially for charity with some provision for the family :

 

Also before the 1913 Act; wakf, whose primary aim was a permanent commitment of the property to charity held to be legitimate even though private settlement was in favor of the wakif itself or his relatives. (Mohammad v. Amarchand Ahsnullah)
Thus these wakfs have always been valid and are valid even now without invoking the provisions of the 1913 Wakf Act.
So we see that law relating to wakfs in Bangladesh is partially regulated and controlled by the statutes, judicial decisions and partly by Muslims’ personal rules.

 

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Religious and Charitable Endowments under Hindu Law in Bangladesh

 

Religious endowments such as Debottar (the property dedicated to Deity ‘s ownership) and Mutts (the religious educational institution) can be created orally and in writing. And may take the form of both gift and will (will apply if the case is regulated by theAct in the event of a will section 57 of the Succession Act). Endowments may be created for charitable purposes to feed the needy or the Brahmans etc. Formal Endowments Acts for religious or charitable purposes must comply with T.P ‘s requirements. Play, dated 1882. And the Enrolment Act, 1908. (Charitable Trust in Bangladesh)

Dedication to faith can be of two forms i. e. Complete or partial. In the event of a full dedication the owner absolutely loses his tille and diely becomes the absolute owner and in the case of a partial dedication the owner retains the property and only a fee is created in favor of the item where the dedication is of total nature any surplus money may be used by applying the cypress doctrine. Debottar can follow two types i. e. Both private and public. In public debottar, the right to worship is open to the general public, In private debottar the privilege is limited to members of a specific family or members of a certain group of persons and the public are not entitled.

Required Formalities in creation of a Hindu Charitable Trust in Bangladesh

For the creation of a Hindu religious or charitable endownent, no formalities are usually required. Yet according to some administrations.

  • (A) The object or intent of the trust shall be a true religious or charitable intent, in accordance with Hindu law laws.
  • (B) Under Hindu law the creator should be able to establish a trust in respect of the specific property;
  • (C) The creator should state the object of the trust and the property in question with adequate precision;
  • (D) The trust shall not, for the time being, object to the provisions of the statute.

 

Regulation in regards to Hindu Charitable Trust in Bangladesh:

It is held in Bangladesh that the government can not take ownership of such
debottar property as an enemy property merely because the shebait has left the country.
Consequently, apart from the Hindu legal laws and judicial rulings, the Hindu public or private religious and charitable endowments are subject to the following provisions

 

(a) Religious endowments Act, 1863,

(b) Charitable and Religious Trusts Act, 1920,

(c) Sec. 92 of Civil Procedure Code, 1908,

(d) Transfer of property Act, 1882,

(e) Registration Act, 1908 

(f) Succession Act, 1925

 

Trust law firm in Bangladesh_Tahmidur_Charitable Trust in Bangladesh

Maternity Benefit/Maternity Leave in Bangladesh

 

 

In the last few years there has been a significant increase over women’s participation in Bangladesh’s workforce. Women workers currently account for one-fourth, that is, 12.1 million, of Bangladesh’s total workforce of 49.5 million[19]. Important legal changes have also been implemented through the introduction of the Labor Act, 2006, which eliminates some ambiguities in the existing, diverse labor laws and amends occupational safety issues such as maternity benefits, health and hygiene, injury compensation, etc. 

The Labor Act, 2006 repeals three previous Maternity Benefit Acts-The Maternity Benefit Act, 1939, The Mines Maternity Benefit Act, 1941 and The Maternity Benefit (Tea Estate) Act, 1950 and combines almost all of the provisions of these Acts in Chapter IV. Section 2(xxxiv) of the Act describes maternity benefit as the sum of money payable to a woman under Chapter IV;
Section 45(1) of the Act prohibits an employer from employing a woman for the eight weeks immediately after the day of delivery. Section 45(2) prohibits a woman employee from working in any establishment for the eight weeks immediately after the day of delivery.

Section 45(2) forbids a woman employee from serving in any institution for the eight weeks immediately following the day on which she was born. Section 45(3) prohibits the use of any woman for some arduous work if she is likely to be delivered from a child within 10 weeks or if she has been delivered from a child within 10 weeks.
In Section 46 of the Labor Act provisions have been made for maternity leave of 16 weeks (8 weeks before and 8 weeks after the delivery).It has also made the provision that this benefit shall only be available to workers who have served under the owner for a minimum period of6-months prior to the notice of the probability of the delivery.

 

 

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Counsels Law Partners ranked as the best law firm in ‘BD Law Firms ranking 2020’ Bangladesh in non-profit and charity formation- Charitable Trust in Bangladesh 

For queries or legal assistance in regards to creating a charitable Trust or in-fact creating any trust, please reach us at:

E-mail: tahmidur@counselslaw.com
Phone: +8801727983838

 

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