Law Commission of Bangladesh
Law Commission is established by the Law Commission Act,
1996. As per section 5 of the Law Commission Act, 1996, the Commission consists
of a chairman and two Members. Under the law, the Government is empowered to
increase the number of its Members. The Chairman and Members of the commission
hold their respective offices for a term of three years from the date of their
appointment. The chairman or a member may be reappointed by the Government for
the prescribed term after the expiry of the said term. The commission is
supported by a Secretary and three Senior Research Officers, one Assistant
Secretary and two translation officers.
Functions of the Commission: - The primary functions of the
Commission are as follows:
(a) To identify
the causes of delay of civil and criminal cases in various courts and with a
view to accelerate their disposal and ensure justice as quickly as possible:
Ø
to recommend amendment of laws concerned or
enactment of new laws in appropriate cases after examination;
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to recommend necessary reforms in order to
modernize the judicial system;
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to recommend training and other measures for the
improvement of the efficiency of the persons involved with the judicial system
such as judicial officers, staff, law officers and lawyers;
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to recommend necessary measures for improvement
of the entire judicial system and specially to prevent the abuse of the
application of the laws concerned;
Ø
to recommend modernization of different aspects
of court management, such as, distribution of works among judges, supply of
copies, transmission and preservation of records, service of notices and other
relevant matters;
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to recommend, an acceptable measure regarding
the feasibility of introducing a more efficient and accountable system in place
of the present system for conducting the various government cases properly and
establishing a separate investigating agency for the investigation of the
criminal cases;
(b) Keeping in mind the attraction of domestic and
foreign investigation and necessity of free market economy-
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to recommend amendment of relevant laws
including company law or legislation of new law in appropriate cases in order
to create competitive atmosphere in the field of trade and industry and to
avoid monopoly;
Ø
to recommend, after examination, measures with
regard to relevant laws especially copyright, trademarks, patents, arbitration,
contract, registration and similar other matters;
Ø
to recommend necessary measures for the
establishment of separate courts for disposal of cases arising out of
commercial and bank loan matters;
(c) To recommend
necessary and timely amendments and reforms of the existing electoral laws
administered by the Bangladesh Election Commission;
(d) To recommend,
after examination, necessary reforms of the existing laws and enactment of new
laws in appropriate cases, in order to safeguard the rights of women and
children and prevent repression of women;
(e) To recommend
reforms of existing laws, enactment of new laws in appropriate cases and taking
of other acceptable measures for the proper implementation of legal-aid
programs;
(f) To identify
the various laws which conflict with each other on the same subject and in
probable cases, to recommend codification and unification of various laws on
the same subject;
(g) To recommend
repeal of existing laws which are inconsistent with the fundamental rights and
in appropriate cases making amendments with regard thereto;
(h) To recommend,
after identification repeal of obsolete and unnecessary laws and in case of
necessity, legislation of laws on any subject;
(i) To recommend
acceptable measure for the upgrading of legal education, and
(j) To recommend
with regard to other legal matters referred by the government form time to
time.
[{For more information about the office of the Law Commission of Bangladesh please visit www.lawcommissionbangladesh.org {© Ministry of Law, Justice and Parliamentary Affairs, Bangladesh}]
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