Legislative Drafting Division of the Law Ministry of Bangladesh
The major function of the Legislative Drafting Division of the Ministry of Law, Justice & Parliamentary Affairs is to prepare, examine and scrutinize all draft legislative bills to be introduced in the Parliament on behalf of the Government. Sometimes it prepares the preliminary draft of bills by itself. Sometimes it vets and examines preliminary draft bills sent to it by other administrative ministries after preliminary policy approval by the Cabinet/Council of Advisers. Drafting and processing of Ordinances under article 93 of the Constitution and subsequent laying thereof before the Parliament at its first meeting following the promulgation are also among important functions of this Division.
Subordinate Legislation, Contracts and Agreements:
The Legislative Division also vets, examines and scrutinizes all subordinate legislations, namely, rules, regulations, bye-laws, notifications, etc. as well as contracts and agreements, including international contracts and agreements, treaties and all other legal instruments having the force of law.
Another important function of the Legislative Division of the Ministry of Law is legislative management. Codification, consolidation, adaptation and technical amendment of laws are essential part of legislative management. Periodical printing and publication of all existing laws, maintenance and protection of copyright in legal publications are also done by this Division. One of the objectives of such printing and publication is to make readily available to the public the official versions of the latest position of the existing laws in revised and consolidated forms arranged in chronological order. Registration of all statutory rules and orders, namely, subordinate legislations and all such instruments are printed and published through this wing of the Law Ministry.
Legislative Division gives opinions for other ministries, divisions, departments of the Government on laws, rules, regulations, bye laws, agreements, international contracts, treaties etc. While questions arise whether proposed rules, regulations etc. conflict with the provisions of the respective parent laws, whether proposed or existing laws are inconsistent with the Constitution. Often such opinions are sought for clarification. Officials of the Legislative Division of the Ministry are to record such opinions based upon the cardinal principles of statutory interpretation.
Previously, all laws in Bangladesh were made in English. Since, 1987 laws are being made in Bangla. Many of the laws, though original texts are in Bangla, require making of a translated versions in English. Moreover, Government intends to make Bangla versions of all the laws those originally exist in English. Apart from that, translation of subordinate legislation is also done by the Ministry of Law. As a result, the Ministry has a very onerous and stupendous job of legislative translation into Bangla and English. The Ministry has a translation department under its Legislative Division. More specifically, legislative wing has the following responsibilities:-
Ø Drafting, scrutiny and examination of' Bills, Ordinances and Constitutional Orders, and other statutory order, rules, regulations, by-laws, resolutions and notifications.
Ø Drafting, scrutiny and examination of all contracts and agreements including international contracts and agreements and all other legal and other instruments.
Ø International conventions and international legal affairs.
Ø Translation of laws and other statutory rules and orders.
Ø Copyrights in Government law publication.
Ø Publication of Acts, Ordinances and Constitutional Orders and other Statutory Orders, rules and regulations.
Ø Publication of authorised translation in Bengali of Acts, Ordinances and, Constitutional Orders and Statutory Orders, rules and regulations.
Ø Compilation and publication of unrepeated Acts and Ordinances and Constitutional and President's Orders and other Statutory Orders, rules and regulations.
Ø Codification, consolidation, adaptation and technical amendment of laws.
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