Reviewing the laws enacted in 2024
The year 2024 presented new hopes for Bangladesh. New laws and ordinances were enacted, some old laws were revised as the spirit of reforming the state touched the legal landscape. Ten Acts were enacted by the previous regime while 17 new Ordinances were passed after the parliament was dissolved. From finance to international crimes, this piece discusses some notable laws and ordinances from this year.
The Local Government (Union Parishad) (Amendment) Act 2024
The Act, originally enacted in 2009, was amended in 2024 to incorporate a provision for appointing an administrator on the expiry of the five-year tenure of the union-level local government body. Hence, the Union 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 120-day tenure for the task and cannot be appointed as the same more than once.
As Bangladesh stands at a crossroads and awaits meaningful reforms within its policy-legal framework, 2025 looks both full of hopes and anticipations.
Payment and Settlement System Act 2024
The Payment and Settlement System Act was passed to make provisions related to reducing the risk of financial transactions and protecting the interests of customers through integration, supervision and control of the payment, drainage and settlement system. No banking company can participate in any payment system, operate payment system or provide electronic currency payment services without the approval of Bangladesh Bank. Similarly, no individual, organisation, or company can run a payment system or perform payment services without first getting a license from Bangladesh Bank. Violation of this clause will result in a possible 5-year prison sentence, a fine of up to 50 lakhs, or both. Offenses committed under this Act shall be cognizable and non-bailable.
National Primary Education Academy Act 2024
In order to execute the National Curriculum and improve the professional abilities of primary school teachers and primary education officials, the Act has been passed to create a National Primary Education Academy that would undertake research and offer cutting-edge training. The Act aims to strengthen the primary education structure.
Offshore Banking Act 2024
The Offshore Banking Act 2024 was enacted to govern and regulate offshore banking activities in conformity with the dynamics of the contemporary international financial system. It outlines the regulatory framework for establishing and operating offshore banking units by Scheduled Banks in Bangladesh. This law prohibits engagement with any offshore banking business except a scheduled bank operating in Bangladesh.
Offshore banking units in Bangladesh can accept deposits from foreign-owned enterprises in specific zones and provide financial services like loans, letters of credit, and bill discounting. They also handle deposits and loans from non-resident Bangladeshis, foreign individuals, and institutions, and operate foreign currency accounts for residents to facilitate remittances and transfers. Certain restricted activities include unauthorized transactions and demand deposits, and credit facilities must follow prescribed procedures. Offshore banking units are required to keep records for easy auditing, with scheduled bank auditors conducting audits. Bangladesh Bank has the authority to inspect records and assets, impose fines for non-compliance, and issue directives and policies. Penalties for non-compliance include fines for failure to submit financial statements, providing false information, and other violations of the Act.
International Crimes (Tribunals) (Amendment) Ordinance 2024
Originally enacted in 1973, this Act was revised this year followed by the fall of Sheikh Hasina Regime. This was done to bring the Act more in line with the international instruments and address the loopholes of the previous version. The law now has the jurisdiction to international crimes committed extraterritorially. There have been some fundamental changes in the definitions of the crimes. Definition of Crime against Humanity is expanded to include explicitly forcible transfer of population, sexual exploitation, enforced disappearance, human trafficking, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization among other acts when committed as part of a widespread or systematic attack against any civilian population, with knowledge of the attack, or persecutions based on political, racial, ethnic, or religious grounds. Incitement to commit any international crimes has been incorporated within the Jurisdiction of the Tribunal. Apart from this the new changes include provisions for recording and broadcasting tribunal hearings, allowing representatives from UN bodies and human rights organizations to observe public hearings. Accused persons are granted rights which the earlier version of the Act lacked. There are also new measures for submitting digital evidence, providing compensation to crime victims, and ensuring witness protection. These updates aim to enhance transparency, fairness, and protection within the judicial process in line with the international standards.
As Bangladesh stands at a crossroads and awaits meaningful reforms within its policy-legal framework, 2025 looks both full of hopes and anticipations.
The writers are Law Desk Intern, The Daily Star & LLM candidate at the University of Dhaka respectively.
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