Looking back at the laws enacted in 2022

2022 has been a busy year with a plethora of new legislations enacted. The Jatiyo Sangsad ("Parliament") enacted a total of 21 legislations and amendments regulating different sectors. A notable few have been discussed below for the readers.

Appointment of the Chief Election Commissioner and Other Election Commissioners Act 2022

The first bill of the year was passed in the parliament seeking to give a legal shield to the current and previous Election Commissions formed through search committees. According to the Act, the qualification of Chief Election Commissioner ("CEC") and other election commissioners shall include Bangladeshi citizenship, minimum 50 years of age, and minimum work experience of 20 years in important government, semi-government, private, judicial, autonomous and other institutions. The Act disqualifies a person for the post CEC who had previously served the same or the position of Chief Justice. Among other provisions, the Act mentions that the previous search committees, their functions and appointments of the CEC and other commissioners made following their recommendations will be deemed valid.

Bangladesh Patents Act 2022

The enactment of this Act is an attempt to replace the patent-related provisions of the Patents and Designs Act 1911 and make the provisions more time-befitting and ensure compliance with the Trade-related Aspects of Intellectual Property (TRIPS) Agreement. According to the Act, the validity period of patents shall be extended from 16 years to 20 years. The Act also qualifies any technological products to be patentable while it excludes inventions, scientific theories and mathematical methods, business methods, rules or methods of performing purely mental work or sport and any such computer programme from patent protection.

Trade Organization Act 2022

The Act was enacted as a replacement for the Trade Organizations Ordinance 1961 with several new provisions to ensure discipline among different types of trade organizations and also ensure proper representation of people from various trading organizations and the government. The Act also includes provisions for women entrepreneurs and inter-country joint chambers of commerce alliances.

Zila Parishad (Amendment) Act 2022

The Act, originally enacted in 2000, was amended in 2022 to incorporate a provision for appointing an administrator on the expiry of the five-year tenure of the district-level local government body. Hence, the Zila Parishad chairman and members shall not remain in their respective positions once the specified duration is over and will be replaced by an administrator appointed by the government to carry on the local activities until the next Parishad is formed. The administrator will be allocated a 180-day tenure for the task and cannot be appointed as the same more than once.

Bangladesh Parjatan Corporation (Amendment) Act 2022

The law was amended with a view to strengthen the corporation and expand its scope to develop  sustainable tourism. According to the newly added definition, a person shall be considered as a tourist if he/she spends not more than one year for leisure or recreation. The provisions of the Act also set out specifications for offices and centers, the activities of the corporation, and the guidance given by the board of directors.

Bangladesh Oil, Gas and Mineral Corporation Act 2022

This Act has sought to replace the 1985 ordinance. The Act has given the status of 'Public Servants' to the Chairman, Directors, other officers and employees of the Corporation while performing their duties. The Act has given the power to the authority to sell or transfer the share of the corporation subject to the approval of the government.

Evidence (Amendment) Act 2022

The Act has been amended in light of growing needs to allow digital evidence and to prevent questioning the character  of rape victims in trials. The inclusion of digital evidence is a timely move from the parliament and it has widened the meaning of evidence; under this amended legislature, both the prosecution and defence have the opportunity to produce digital evidence before the court to establish their arguments.

International Centre for Diarrhoeal Disease Research, Bangladesh Act 2022

It has been decided by the parliament to abolish the pre-existing International Centre for Diarrhoeal Research, Bangladesh Ordinance 1978 as per direction of the apex court that ordinances passed in the military regime have to be reformed. The Act has allowed the authority of the center to export and import biological materials and pharmaceuticals solely for research purposes. In this Act, a provision for the formation of a board of 15 members has been made to administer the center.

The Writers work with Law Desk, The Daily Star.