E-Commerce Company Formation in Bangladesh

E-Commerce Company Formation in Bangladesh

E-Commerce Company Formation in Bangladesh| Complete Overview of Starting an E-commerce Business.

E-commerce business in Bangladesh_Tahmidur Rahman_best law firm in dhaka

Tahmidur Rahman, Director and Senior Associate

25 November 2019

E-commerce business formation in Bangladesh:

E-commerce is actually one of Bangladesh’s fastest growing field and trends. There are lots of e-commerce companies that have begun operating in Bangladesh since 2015. But mostly they only operate for Dhaka city and few businesses have only started in their city. This is a positive sign and e-commerce will certainly expand in days to come. Many people come to CLP with their enquiry if they need a trade license / or a PLC for their Bangladesh e-commerce business. And the answer is of course “yes.” In Bangladesh, every business is required to have a trade license, and eventually you might opt for establishing your own PLC for your e-commerce business!

Starting an E-Commerce business in Bangladesh

As the study shows, Bangladesh is entering its own period of demographic dividend, meaning that the proportion of young people in the next 25 years will be the highest in the history of the country. And this is a golden opportunity for Bangladesh to tap into the promise of e-commerce by building a viable e-commerce ecosystem that will transform the country’s economic landscape. Another Asian neighbor, China, has already shown that e-commerce can easily become the key drivers of the economy, with favorable policy and government commitment.

 The term e-commerce refers to the Internet-based buying or sale of goods, products or even services. E-commerce purchases vary from the obvious things like online retailing, online media outlets, online shopping, etc. to the more important items like digital payment, online banking and even the procedures of public administration. In this article we will concentrate on the information needed to start an E-commerce company in Bangladesh.

Major Categories and Types of E-commerce business in Bangladesh 

In terms of E-commerce business in Bangladesh, there are three kinds of e-commerce, which are as follows-
1. Items oriented: These online companies deal over digital media with tangible and physical goods or products.
2. Service-oriented: These online businesses are specialized in delivering services to a customer, be it between businesses or just ordinary people or vice versa;
3. Digital products oriented: These online companies are performing legal businesses like the two preceding ones but the goods or services they offer are entirely digital.

The buying and selling process involves the exchange of web and electronic data using personal computers , laptops, tablets , cell phones etc. Companies are categorized as ‘brick and mortar’ (traditional trade), ‘click and mortar’ (partial e-commerce) and ‘internet businesses’ where all is digital for merchandise, distribution, and payment. The definition of e-commerce thus includes both purchases of physical goods and digitized products and services.
In the current eBusiness world, M-Commerce (Mobile Commerce) and F-Commerce (Facebook Commerce) have become two common concepts. Within this paper both are listed within the wider e-commerce framework.

What are the usual transactions in a e-commerce business in Bangladesh?

These online transactions are usually done in the following six ways –

 

1.Business to Business (B2B): The “Business to Business” transactions include two more companies conducting business with each other and barely ever involve the final customers;

2. Business to Consumers (B2C): It is the business model where businesses directly offer goods or services to customers. Consumers are increasingly shopping for and purchasing goods online, arranging financing, arranging shipping or taking delivery of digital items such as apps, and getting after-sales services. B2C e-commerce includes online transactions often referred to as e-retail (or e-tail).
In building B2C networks, some of the advantages businesses can achieve are decreased operational costs, increased marketing, globalization, customer satisfaction, knowledge management, etc .. Bangladesh e-commerce begins and mostly switches to B2C.

3. Customer to Customer (C2C): The Customer to Customer” model refers to the direct transactions conducted between the consumers themselves;

4. Customer to Business (C2B): The Customer to Business transactions refers to the providing of goods or services by a customer to legitimate businesses;

5.Business to Administration (B2A): Business to Administration involves the transactions between businesses and governmental or administrative bodies.

6. Customer to Administration (C2A): Customer to Administration refers to the transactions that are made between the ordinary consumers and governmental bodies.

Open your e-commerce business in Bangladesh

Process of Starting an E-commerce business in Bangladesh

The procedure required to start an E-commerce company in this country depends entirely on the nature of the business itself.

  • Individual businesses: If your online company is all about the Customer to Consumer ( C2C) model and you just want to trade with someone over the internet, then you don’t need a lot of formality. At the other hand, if you sell any goods or services actively through a website or page and you are the sole owner of the said company, then you will need a valid trade license and proper E-TIN set-up.

     

  • Companies or Associations: If your favored business model is Business to Customer (B2C), where you want to set up a company or association to sell your goods or services, the laws currently in force in Bangladesh regarding companies, partnerships or associations etc. will be applicable to you to set up your e-commerce business in Bangladesh.
  • Domain & intellectual properties: Another important step of setting yourself up in the E-economy is to purchase a domain name. Being prepared with a valid domain, trademarks, copyrights etc. will be instrumental in securing your intellectual properties among other things.
  • A typical Bangladesh online business: A typical Bangladesh online business starts with the development of a website or a public page in an asocial media network. The items or services to be sold are then cataloged on the Customers’ website or page on browse through. The final aspect of this initial phase is incorporating a safe form of payment, and there are quite a few good choices to choose from in your own e-commerce business in Bangladesh.
  • Payment methods: Most online stores have a cash-on – delivery system which, of course, needs no digital payment method. At the other end of the spectrum, a large chunk of all mobile banking in this country is currently being done via services such as Bkash, Rocket, Nexus Pay etc., but you do have the option of accepting other services such as the various credit or debit cards, PayPal, Money Gram or any other FIN Tech (Financial Technology) methods. The trick is to go for something that’s easily available and that has the most users. Hence:

     

    Setting up a payment gateway system in Bangladesh requires few papers/documents:

  1. Company Trade License
  2. Owner’s NID & Photograph
  3. Bank Details
  4. Company Logo
  5. Website URL
  6. Signature & Seal

As of now, the Bangladesh Bank has allowed funds to be transferred up to BDT 5,00,000 between two customers who have accounts on the same bank via online facilities, provided that the transactions comply with the prevailing Money Laundering Prevention laws and related government circulars.
Nevertheless, in the case of any legal issue emerging from these projects, it is often prudent to obtain professional assistance. According to the laws currently in effect in Bangladesh, e-economy participants are entitled to various legal remedies with the least amount of difficulty. The article would also address the prospective risks of operating E-commerce companies.

Legal framework for e-commerce business in Bangladesh

Potential Legal regulations in regards to starting an e-commerce in Bangladesh

 

  •  Consumer Protection legislation is important in e-commerce business in Bangladesh to create consumer trust. In merchant’s bank account, a holding fund mechanism listed in the ‘E- Payment’ section might be established; consumers do need to use true identification for the purposes of the transaction.

     

  • Privacy of consumer’s communication, preference, visit information, personal and financial data must be maintained by the relevant merchant. There has to be a clear definition of what form of communication, intention or promise between merchant and consumer will be counted as service agreement; violation of which would face legal consequences in the justice system.

  • Community Conscious Driven Policy needs to be established in the e-commerce business in Bangladesh. The socio-economic scenario differs from country to country. Expectation from businesses and consumers need to weight in our existing standard.

     

  • Code of Conduct for the businesses and customers need to be defined. Any form of digital communication must not violate traditional social and business etiquette within the e-commerce business in Bangldaesh.

    Dispute Resolution Mechanism should be clearly stated and communicated properly to the stakeholders. A cyber court might just be established for quick resolution of such cases specifically for e-commerce businesses in Bangladesh.

     

    •  ICT Act is undergoing revision. As the cyber world evolves very rapidly, a legal committee will eventually be set up to review the law and make appropriate changes every six months. 

    •  Most e-commerce operations incorporate a variety of digital activities and conventional business processes. ICT Act will ensure compliance with current legislation and ecommerce regulations is sufficient.

    • Though e-commerce ensures easy access to entrepreneurship, some form of regulations will eventually be imposed for the new entrants for identification, authentication, taxation and monitoring purpose. Easy registration process using e-tin, address, etc will eventually be incorporated to ensure the transactions under a legal umbrella.

    • Insurance policy might also be formulated to protect businesses and consumers from larger accident and fraud incidents.

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

 

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
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How to get a Trade License in Bangladesh?

Click here and go to the post, Tahmidur Rahman speaks in details about Trade License in Bangladesh | Fees, Processing and Renewal!

What are the potential pitfalls of starting an e-commerce business in Bangladeh ?

  

As a fairly recent development in Bangladesh’s economic history, there are several possible problems that may emerge from an online company. Many of these problems are discussed briefly below- 

1. Credit and Guarantee: A large percentage of higher-end transactions are made by loans such as EMI or other types of instalment plans. For certain situations, civil proceedings can be required when the consumer defaults.  

2. Financial fraud: all the time when it comes to e-commerce in Bangladesh, financial fraud such as credit card fraud, the use of illegal payment methods etc. Established in compliance with the 1990 Money Loan Court Act, the Artha Rin Adalat is a judicial body dealing with the recovery of money loaned to citizens through public sector financial institutions. This court can adjudicate financial fraud committed in e-transactions such as credit card frauds etc. There are some other legal remedies available under Bangladesh ‘s laws to a possible victim of fraud such as the Digital Protection Act, 2018 among others. 

3. Return products or non-delivery of goods: E-commerce companies regularly recall items returned by consumers for different reasons, some of which are specific concerns such as the size of apparel products, while others are as ambiguous and illogical as they may be. In addition to the financial blows suffered by the sellers, factors such as product return or product non-delivery may also be harmful to the purchasers. Under existing legislation such as the Sale of Goods Act, 1930 etc., online sellers and purchasers are entitled to a plethora of protections that can be legally enforced.

4. Quality of products: The E-economy of Bangladesh has a long history of venders providing unsatisfactory goods or services to the customer. This is mainly due to the fact that the customers do not get to check or verify what they are buying before the actual delivery takes place. This has apparently resulted in sellers delivering damaged, expired or unusable products in the end. Issues of damaged goods or goods in lesser quantity than originally agreed upon can be brought to legal action under the governing laws of the country such as the Consumer Protection Act, 2009, The Sale of Goods Act 1930, The Contract Act, 1872, The Penal Code, 1860 and the Standard of Weights & Measures Ordinance, 1982 etc.

5. Adulterated goods: whether purchased by a customer or a business, whether it is the duty of an online retailer to deal with adulterated goods and products, it will be subject to legal consequences. The 1974 Special Powers Act provides legal provisions for adjudicating vendors trading in adulterated goods, beverages, or other items.

6. Infringement of Intellectual Property: There is a general disregard among the Bangladeshi people for intellectual property laws, particularly when it comes to digital products, due to the state of the basic economy and the newness of information technologies.

7. Exploitation: The very existence of the techs used to perform different transactions online leaves space for vulnerabilities that can be manipulated for illicit benefit. Frauds in the credit or debit card, frauds in the digital identity forgery, infringements of authority, unauthorized access to data and privacy etc. are some of the examples that can seriously hamper an individual’s or business’ livelihood. In addition to careful planning by the users, in the aftermath of these incidents, legal proceedings are also necessary. 

 

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Frequently Asked Questions- FAQ about E-commerce Business in Bangladesh

In regards to opening an E-commerce company in Bangladesh, people also ask these questions frequently, hence this FAQ content block is dedicated to answering your questions.

General Questions about Starting an E-commerce company in Bangladesh

What is E-commerce business in Bangladesh?

E-commerce includes the purchasing and sale of products and services by businesses and customers via the electronic medium. E-commerce, also known as electronic commerce or internet commerce, refers to the purchasing and sale of goods or services through the Internet, and the transfer of money and data to carry out these transactions.

How many e-commerce business are there in Bangladesh?

The eCommerce Association of Bangladesh (e-Cab), an eCommerce trading organization in Bangladesh, reports that there are 700 eCommerce sites and about 8,000 eCommerce pages on Facebook. Facebook remains a common method of advertising and selling goods, to the point that many companies forgo the production of websites.

What are e-commerce companies?

Amazon, Alibab and e-bay probably the most influential e-commerce business in the world. Our neighboring country have flipkart, which is an Indian based eCommerce web portal founded by Sachin Bansal and Binny Bansal in 2007. In Bangladesh currently we have Daraz and E-valy dictating the e-commerce market.

What are the 5 types of e-commerce?
  • Business-to-Business (B2B)
  • Business-to-Consumer (B2C) 
  • Consumer-to-Business (C2B) 
  • Business-to-Administration (B2A) 
  • Consumer-to-Administration (C2A)
What is the best e-commerce company in Bangladesh?

Daraz is considered to be one of the best e-commerce companies in Bangladesh. As one of the most innovative and successful online stores in Bangladesh, Daraz.com.bd offers a wide range of products, including electronics , apparel, home appliances, children’s goods , furniture, beauty and health, and much more.

How to start an e commerce business in Bangladesh (step by step)?
  1. Select The Best Business Structure and Register Your Business legally in Bangladesh.
  2. Research Ecommerce Business Models.
  3. Start Ecommerce Niche Research.
  4. Validate Target Market and Product Ideas.
  5. Register Your Ecommerce Business & Brand Name.
  6. Finalize Your Ecommerce Business Plan.
  7. Create Your Online Store.
  8. Attract Customers To Your Ecommerce Website.
Do I need to register my e-commerce company in Bangladesh?

Choose a business name and register your company. There are legal protections and tax benefits for incorporating, so don’t skip it. Email us for aiding you to a seamless formation.

What is ECAB?

The e-Commerce Association of Bangladesh (e-CAB) was established to accelerate the growth of the e-Commerce sector in Bangladesh. The e-CAB was designed to address the current problems of e-Commerce in order to ensure its development. E-CAB aims to act as a shared forum for companies active in the e-commerce sector in Bangladesh. The e-CAB will act as their voice. In addition , e-CAB will undertake a range of activities, including research, publication, training, workshops , seminars, etc., to develop the e-commerce market.

How to become a member of E-CAB in Bangladesh?
  • Logo of your e-commerce company
  • A short profile of the company (minimum 100 words)
  • Contact person name and contact address
  • Photocopy of the updated trade license of the organization/company
  • Photocopy of the updated Tax Identification Number (TIN) certificate
  • Photocopy of the National ID card of the proprietor/managing director/Chairman of the company
  • Passport size picture of the proprietor/managing director/Chairman of the company

Get legal advice from the best company formation Law firm in Dhaka

The Barristers, Advocates, and lawyers at CLP in Gulshan, Dhaka, Bangladesh are highly experienced at assisting clients through the entire process and legal provisions relating to the setting up of your E-Commerce business in Bangladesh and the safeguarding of your rights and interests in case of any conflicts.

For any queries or legal assistance, please reach us at:

E-mail: tahmidur@counselslaw.com

Phone: +8801727983838

Address: House 39, Road 126 (4th Floor) Islam Mansion, Gulshan 1, Dhaka.

 

 

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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

 

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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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