The Export Promotion Bureau Ordinance, 1977
An Ordinance to provide for the establishment of a Bureau for promotion of export.
An Ordinance to provide for the establishment of a Bureau for promotion of export. WHEREAS it is expedient to provide for the establishment of a Bureau for promotion of export from Bangladesh and for development of plans and policies in support of promotion of export from both private and public sectors of the country, and for matters connected therewith and incidental thereto; NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975, and the 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance :-
Section 1. Short title
This Ordinance may be called the Export Promotion Bureau Ordinance, 1977.
Section 2. Definitions
In this Ordinance, unless there is anything repugnant in the subject or context,-
Section 3. Establishment and incorporation of the Bureau
(1) Upon the commencement of this Ordinance, there shall be established a Bureau to be called the Export Promotion Bureau for carrying out the purposes of this Ordinance.
(2) The Bureau shall be a body corporate having perpetual succession and a common seal with power to enquire, hold and dispose of property, both movable and immovable, and shall by the said name sue and be sued.
(3) The Head Office of the Bureau shall be at Dacca.
Section 4. Management of the affairs of the Bureau
(1) The general direction and administration of the affairs of the Bureau shall vest in a Board of Management of the Bureau which may exercise all powers and do all acts and things which may be exercised and done by the Bureau.
(2) Without prejudice to the generality of the foregoing provisions, the Board may, for the performance of its functions-
(3) The Board shall in discharging its functions, be guided by such directions as the Government may give from time to time.
Composition of the Board
15. (1) The Board shall consist of the following members, namely:-
Section 6. Chief Executive of the Bureau
(1) The Vice-Chairman shall be the Chief Executive of the Bureau and in whom shall vest, subject to the directions of the Board, all the executive functions of the Bureau.
(2) The Vice-Chairman shall hold office for such duration and on such terms and conditions as the Government may determine.
(3) Without prejudice to the provisions of sub-section (1), the Vice-Chairman shall exercise such powers, perform such functions and discharge such duties as may from time to time, be assigned to him by the Government or the Board or as may be prescribed.
(4) If the Vice-Chairman is for illness, or for any other reason incapable of performing his duties under this Ordinance, the Government may authorise any other member to perform the duties of the Vice-Chairman during the period for which he is so incapable.
Section 7. Meetings of the Board
(1) The meetings of the Board shall be held at such times and places and in such manner as may be prescribed:
Provided that the Board shall meet at least once in a month.
(2) No act or proceeding of the Board shall be invalid merely on the ground of existence of any vacancy in, or any defect in the constitution of, the Board.
Section 8. Functions of the Bureau
It shall be the functions of the Bureau-
(2) Without prejudice to the generality of the provisions of sub-section (1), the Board may-
Section 9. Fund
(1) There shall be a fund of the Bureau to which shall be credited-
(2) The funds of the Bureau shall be utilised to meet charges in connection with its functions under this Ordinance and all payments of the Bureau shall be made out of that fund.
(3) All monies of the Bureau shall be kept with such bank as may be approved by the Board.
Section 10. Borrowing and investment
(1) For carrying out its business and functions, the Bureau may, with the approval of, and as such conditions, if any, as may be laid down by the Government, raise funds by loan or otherwise from such local and foreign sources, including banks, as may be approved by the Government.
(2) The Bureau may invest such monies as are not required for immediate expenditure in any of the securities described in section 20 of the Trusts Act, 1882 (II of 1882), or place them in fixed deposit with any bank approved under sub-section (3) of section 9.
Section 11. Budget
The Bureau shall submit, by such date before commencement of every year and in such manner and form as the Government may direct, for approval of the Government, two statements to be called the Annual Administrative Budget statement and the Annual Export Market Development Budget statement showing therein the estimated receipts and expenditure of the Bureau in respect of that year.
Section 12. Accounts and Audit
(1) The Bureau shall maintain proper accounts and other relevant records, and prepare annual statements of accounts, in such manner and form as the Government may direct, and such direction may require maintenance of separate accounts, one for administrative and maintenance expenses to be financed out of the administrative Budget, and the other for export market development expenses to be financed out of the Export Market Development Budget.
(2) The accounts of the Bureau shall be audited by a firm of chartered accountants within the meaning of the Bangladesh Chartered Accountants Order, 1973(P.O. No. 2 of 1973), who shall be appointed, with the approval of the Government, by the Board on such remuneration as it may think fit, and such remuneration shall be paid by the Bureau.
(3) The firm of chartered accountants appointed under sub-section (2) shall be given the accounts and other relevant records of the Bureau and shall examine them together with the account books and vouchers relating thereto; and shall have a list delivered to it of all books kept by the Bureau, and shall at all reasonable times have access to the books, accounts and other documents of the Bureau, and may in relation to such accounts examine the Vice-Chairman, Directors-General, or any member, officer or other employee of the Bureau.
(4) The aforesaid firm of chartered accountants shall report to the Government upon the annual accounts, and in the report it shall state whether, in its opinion, the accounts contain all necessary particulars and is properly maintained so as to exhibit a true and correct view of the state of the affairs of the Bureau, and if it has called for any explanation or information from the Board, whether it has been given and whether it is satisfactory.
(5) Without prejudice to the aforesaid provisions, the Government may also cause the accounts of the Bureau to be audited by such officer or agency as it may deem fit.
Section 13. Reports, etc.
(1) The Bureau shall furnish to the Government such reports and statements as the Government may from time to time require.
(2) The Bureau shall, as soon as possible after the end of every financial year, furnish to the Government statement of audited accounts together with annual report on the conduct of its affairs during that year.
Section 14. Appointment of officers, etc.
The Bureau may appoint such advisors, consultants, officers and other employees as it considers necessary for the efficient performance of its functions on such terms and conditions as may be prescribed and, until they are so prescribed, on such terms and conditions as it may determine.
Section 15. Public servants
The Chairman, Vice-Chairman, 2Director-General, members, advisors, consultants or officers and other employees of the Bureau shall, while acting or purporting to act in pursuance of the provisions of this Ordinance or the rules or regulations made thereunder, be deemed to be public servants within the meaning of section 21 of the Penal Code (Act XLV of 1860).
Section 16. Delegation of powers
(1) The Board may, by general or special order, delegate to the Vice-Chairman, any member or officer of the Bureau any of its powers under this Ordinance or regulations made thereunder.
(2) The Vice-Chairman may likewise delegate to any member or officer of the Bureau any of his powers under this Ordinance or the rules made thereunder, not being a power delegated to him by the Board under sub-section (1).
Section 17. Indemnity
No suit, prosecution or other legal proceedings shall lie against the Chairman, Vice-Chairman, 3Director-General, members or any advisor, consultant or officer, or other employees of the Bureau for anything which is in good faith done or intended to be done under this Ordinance.
Section 18. Winding up
No provision of law relating to the winding up of companies shall apply to the Bureau and it shall not be wound up save by order of the Government and in such manner as it may direct.
Section 19. Power to make rules
(1) The Government may, by notification in the official Gazette, make rule for carrying out the purposes of this Ordinance.
(2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for-
Section 20. Power to make regulations
(1) Subject to the provisions of this Ordinance and the rules, the Board may, by notification in the official Gazette, and with previous approval of the Government, make regulations for the purpose of giving effect to this Ordinance.
(2) In particular, and without prejudice to the generality of the foregoing powers, such regulations may provide for-
Section 21. Transfer of properties, liabilities, etc., of the existing Bureau
(1) Notwithstanding anything contained in any law, agreement or contract, upon the establishment of the Bureau-