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Emergency Powers Ordinance, 1990

Ordinance No.21, 1990

An Ordinance made to take special measures for the purpose of ensuring the security and the interests of the state and the population, and for the purpose of maintaining public order and protecting the economic life, and for the purpose of ensuring the maintenance of supplies and services essential for the life of the community

Whereas the President has issued a proclamation of Emergency under article 141 (1) of the Constitution of the People's Republic of Bangladesh;
and whereas it is expedient to take special measures for the purpose of ensuring the security and the interests of the state and the population, and for the purpose of maintaining public order and protecting the economic life, and for the purpose of ensuring the maintenance of supplies and services essential to the life of the community;
and whereas the Parliament is not in session and the President is satisfied that circumstances exist which render immediate action necessary;

Now, therefore, in exercise of the powers conferred to him by article 93 (1) of the Constitution of the People's Republic of Bangladesh, the President is pleased to make and promulgate the following Ordinance:-

1. Short title and duration.- (1) This Ordinance may be called the Emergency Powers Ordinance, 1990.
(2) It shall be in force for the period of validity of the proclamation of emergency issued by the President on the date of 27th November.

2. Ordinance to override other Acts and Ordinances.- The provisions of this Ordinance or the rules made thereunder or the orders given under these rules shall have effect, notwithstanding anything to the contrary contained in any other Act for the time being in force or any agreement or any document.

3. Power to make rules.- (1) The Government may, by notification in the official Gazette, make such rules as it thinks expedient for the purpose of ensuring the security and interests of the state and the population and maintaining public order and protecting the economic life, and for the purpose of ensuring the maintenance of supplies and securities essential to the life of the community.
(2) In such rules shall be made provisions especially, and not prejudicing the powers given under subsection (1) in their entirety, with respect to all or any of the following subjects, and shall be given powers to any authority with respect to such subjects, namely:-

a) preventing actions which may create hatred against the Government or cause fear to the public;
b) preventing actions which may prejudice the relations of foreign states with Bangladesh;
c) preventing actions which may create disturbance in any area of Bangladesh;
d) preventing actions which may create hatred or feelings of enmity between different classes and sections of Bangladesh;
e) preventing actions which may be prejudicial to the security and interests of the state and the population;
f) preventing actions which may upset the economic life and the public order of Bangladesh;
g) preventing actions which may prejudice the maintenance of supplies and services essential to the life of the community;
h) prohibiting the printing or publishing of newspapers, books, documents or papers which contain news or matters prejudicial to public security, public order or the maintenance of supplies and services essential to the life of the community;
i) confiscation of any newspaper, book, document or paper containing news or matters described in clause h) and forfeiture of the securities of the presses used in such printing or publishing;
j) the closing down of presses used in the printing or publishing of newspapers, books, documents or papers containing news or subjects referred to in clause h), notwithstanding the forfeiture of the securities referred to in clause j);
k) making provisions for the security of river- and seaports, airports, dockyards, railways, streets, bridges, canals, telegraphs, telephones, post offices, signal devices, radio centers and other means of communication, water-mains, gas pipes, electricity cables, vessels, carriages, airplanes and railway wagons, warehouses, storehouses, mills and workshops, industrial and commercial institutions, and buildings, compounds or other properties used by, or useful to, the Government or any local authority;
l) making provisions for the arrest and confinement of any person in order to prevent him from doing anything which may be prejudicial to the relations of foreign states with Bangladesh, impair the security and interests of the state and the population, obstruct the maintenance of supplies and services essential to the life of the community, or obstruct the maintenance of peaceful conditions in any part of Bangladesh and imposing restictions on such person with respect to entering, residing, staying and moving in Bangladesh;
m) control of persons entering, leaving or travelling in Bangladesh;
n) control of the working hours and hours of leave of river- and seaports, airports, dockyards and industrial and commercial institutions and institutes;
o) Control of transports by railway, by water or by land and reservation of room on boats, railways or other carriages;
p) the seizure of mail articles and the delay of their delivery and the controling of the communication of news or messages by mail, radio, telegram, telex, fax and telephone and the withholding of news and messages communicated in such way or the obstruction of their communication;
qu) the control of industry, trade and commerce for the purpose of securing the maintenance of supplies and services essential to the life of the community;
r) the control of the production, supply, distribution and use of electricity;
s) the taking over by the Government of the management of any institution or property connected with the maintenance of supplies and services essential to the life of the community;
t) the control of the holding, use, transfer or stockbroking of coins, gold and silver bullions, bank notes, currency notes, securities or foreign currencies;
u) the requisition of movable and immovable properties;
v) the prevention of hoarding, profiteering, black marketing or other kinds of dishonest practices with regard to goods essential to the public life;
w) the prohibition of the import and export of any kind of commodity or merchandise including coins, gold and silver bullion, bank notes, currency notes, securities and foreign currencies and the application of the provisions of the Customs Act, 1969 (IV of 1969) with regard thereto;
x) the prohibition and control of meetings, gatherings and processions;
y) the suspension of the functioning and activities of political parties, trade unions, clubs and committees;
z) the entering of any place suspected of being used in activities which are detrimental to the security and interests of the state and the population and the seizure and transfer of anything found in such places and suspected of being used in such activities;
aa) the banning of strikes and lock-outs.

a) the arrest and trial of any person contravening the said rules or any order passed thereunder;
b) the imposition of punitive measures for attempting, aiding and abetting, attempting to aid and abet, to contravene these rules or any order passed thereunder; such measures may include capital punishment or lifelong imprisonment or imprisonment for a period which may not exceed fourteen years or a fine or both;
c) the detention, seizure and forfeiture of properties in respect of which there has been committed such contravention, attempt, aiding and abetting as referred to in clause b);
d) the conferment of powers and responsabilities on the Government or any officer or any authority in respect of any subject related to those rules or any order passed thereunder;
e) ensuring the application of those rules or any order passed thereunder and the determination of the powers and resposabilities of public servants and other persons in respect of preventing the contravention of those rules and orders;
f) the removal of obstacles to the enforcement of any notice in accordance with those rules or any order passed thereunder;
g) the realization of fees for the approval of any licence, permit or certificate under those rules.

4. Powers to delegate.- The Government may, by order, confer upon any of its subordinate officers or authorities all or any of its powers or resposabilities under any of the rules referred to in section 3.

5. Protection of powers.- (1) No order made in exercise of any power conferred by or under this Ordinance shall be called in question in any court.

(2) Where an order purports to have been made by an authority in exercise of the powers conferred by or under this Ordinance, a court shall presume that order as having been passed or signed by that authority within the meaning of the Evidence Act, 1872 (X of 1872).

6. Release from charges.- (1) No civil or criminal case or other legal proceeding shall lie against any person for anything done in good faith in accordance with this Ordinance or any rule made thereunder or any order passed under such rule.
(2) Unless expressly provided for under this Ordinance, no civil or criminal case or other legal proceeding shall lie against the Government for any damage caused by anything done in good faith in accordance with this Ordinance or any rule made thereunder or any order passed under such rule.