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An Ordinance made to establish the National Information and Investigation Institution
Whereas it is expedient to provide for the establishment of the National
Information and
Investigation Institution;
And whereas 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 by clause (1) of
article 93 of the Constitution
of the People's Republic of Bangladesh, the President is pleased to
make and promulgate the
following Ordinance:-
1. Short title.- This Ordinance may be called the Information and Investigation
Institution
Ordinance, 1987.
2. Definition.- Unless there is anything repugnant in the subject or
context, in this Ordinance
"Institution" means the National Information and Investigation Institution.
3. Ordinance to override other laws.- The provisions of this Ordinance
shall have effect,
notwithstanding anything to the contrary contained in any other law
for the time being in force.
4. Constitution of the Institution.- (1) There shall be an Institution
by the name of National
Information and Investigation Institution for carrying out the purposes
of this Ordinance.
(2) The said Institution shall consist of one Chairman and such number
of other members as the
Government may determine.
(3) The Chairman and other members of the Institution shall be appointed
by the Government
under such terms and conditions as the Government may determine.
5. Duties of the Institution.- The Institution shall have the duty-
(a) to investigate any matters etc. which exercise
a negative influence on the law and
order of the country and the mental disposition
of the population and to file reports
thereabout to the Government, including, if
necessary, advice on counter-measures;
(b) to examine the progress of measures taken
in view of directions issued by the
Government from time to time in respect of
illegal taking up of arms, arrestation of
offenders of an infamous and repugnant kind
and investigation and trial of sensational
and grave offences;
(c) to make, on previous directions in writing
from the Government, enquiries in
respect of charges of corruption, serious
misconduct, misdeed or inefficiency
brought against any employee of the Government
or any employee of a statutory
governmental authority and to file reports
thereabout to the Government, including, if
necessary, advice on the adequate disciplinary
measures against the employees
concerned;
(d) to make, on previous directions in writing
from the Government, enquiries in
respect of charges of mismanagement, disorder,
irregularities, corruption and
inefficiency brought against any office of
the Government or statutory governmental
authority or nationalised industrial or commercial
organization and to file reports
thereabout to the Government, including, if
necessary advice on the taking of
adequate counter-measures;
(e) to carry out, on previous directions in
writing from the Government, inspections
with regard to any charge of mismanagement,
disorder, irregularity, corruption or
inefficiency brought against any office of
the Government or statutory governmental
authority or nationalised industrial or commercial
organization or development plan
and to file reports thereon to the Government,
including, if necessary, advice on the
taking of adequate counter-measures.
Explanation.- In this section, "statutory
governmental authority" means any
authority, institution or organization the
proceedings and principal functions of which
have been determined by any Act, Ordinance,
Order or Contract having, in
Bangladesh, the force of an Act.
6. Special powers of the Institution in respect of criminal offences.-
(1) The Institution may, on previous order
in writing from the Government, take legal
steps in connection with the investigation
of any criminal offence mentioned in the
order and may, after termination of the investigation,
if, on the basis of the
investigation, it is of the opinion that the
charged person should be tried file the
report together with the charge against such
person to the court having jurisdiction.
(2) In the case of an investigation of an
offence mentioned in the order under
sub-section (1), the investigating officers
of the Institution shall have the same
powers, including the power to seize, search
and arrest, and the same duties and
responsabilities as a police or any other
investigating officer in the case of an
investigation of such offence.
(3) Notwithstanding anything contained in
the Code of Criminal Procedure, 1898
(Act No.5 of 1898), hereinafter referred to
as the Criminal Procedures, any
investigating officer of the Institution shall,
in respect of the investigation of an
offence mentioned in the order under sub-section
(1), wherever in Bangladesh his
sojourn, be deemed to be the officer in charge
of the local police station and may
exercise all the powers and discharge all
the functions of an officer in charge of a
police station.
(4) Where the investigation of a criminal
offence under sub-section (1) has been
entrusted to the Institution, the police or
other investigating authority shall desist from
conducting the investigation and shall, if
it has already started the investigation,
without any delay stop the investigation and
transfer all records and files regarding
the investigation to the Institution; and
any period of time used in the conduct of an
investigation before it has been entrusted
to the Institution shall be deducted from the
period of time fixed in the Criminal Procedures
for carrying out investigations.
7. Call for informations, etc.- The Institution may, if it is necessary
for the fulfilment of its duties
under this Ordinance, at any time call, in writing, for any information,
statement, document or
record from any public office or statutory governmental authority.
8. Combined meetings.- The Institution may, if necessary, for the purpose
of properly
discharging its duties under this Ordinance, at any time, summon any
other investigating institution
to its meetings and take its advice.
9. Administration of the Institution.- The administration of the Institution
shall lie with the
Chairman and the other members and officers of the Institution shall
discharge their functions
under the authority of the Chairman.
National Information and Investigation Institution Ordinance,1987
Ordinance No.9, 1987
An Ordinance made to establish the National Information and Investigation Institution
Whereas it is expedient to provide for the establishment of the National
Information and
Investigation Institution;
And whereas 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 by clause (1) of
article 93 of the Constitution
of the People's Republic of Bangladesh, the President is pleased to
make and promulgate the
following Ordinance:-
1. Short title.- This Ordinance may be called the Information and Investigation
Institution
Ordinance, 1987.
2. Definition.- Unless there is anything repugnant in the subject or
context, in this Ordinance
"Institution" means the National Information and Investigation Institution.
3. Ordinance to override other laws.- The provisions of this Ordinance
shall have effect,
notwithstanding anything to the contrary contained in any other law
for the time being in force.
4. Constitution of the Institution.- (1) There shall be an Institution
by the name of National
Information and Investigation Institution for carrying out the purposes
of this Ordinance.
(2) The said Institution shall consist of one Chairman and such number
of other members as the
Government may determine.
(3) The Chairman and other members of the Institution shall be appointed
by the Government
under such terms and conditions as the Government may determine.
5. Duties of the Institution.- The Institution shall have the duty-
(a) to investigate any matters etc. which exercise
a negative influence on the law and
order of the country and the mental disposition
of the population and to file reports
thereabout to the Government, including, if
necessary, advice on counter-measures;
(b) to examine the progress of measures taken
in view of directions issued by the
Government from time to time in respect of
illegal taking up of arms, arrestation of
offenders of an infamous and repugnant kind
and investigation and trial of sensational
and grave offences;
(c) to make, on previous directions in writing
from the Government, enquiries in
respect of charges of corruption, serious
misconduct, misdeed or inefficiency
brought against any employee of the Government
or any employee of a statutory
governmental authority and to file reports
thereabout to the Government, including, if
necessary, advice on the adequate disciplinary
measures against the employees
concerned;
(d) to make, on previous directions in writing
from the Government, enquiries in
respect of charges of mismanagement, disorder,
irregularities, corruption and
inefficiency brought against any office of
the Government or statutory governmental
authority or nationalised industrial or commercial
organization and to file reports
thereabout to the Government, including, if
necessary advice on the taking of
adequate counter-measures;
(e) to carry out, on previous directions in
writing from the Government, inspections
with regard to any charge of mismanagement,
disorder, irregularity, corruption or
inefficiency brought against any office of
the Government or statutory governmental
authority or nationalised industrial or commercial
organization or development plan
and to file reports thereon to the Government,
including, if necessary, advice on the
taking of adequate counter-measures.
Explanation.- In this section, "statutory
governmental authority" means any
authority, institution or organization the
proceedings and principal functions of which
have been determined by any Act, Ordinance,
Order or Contract having, in
Bangladesh, the force of an Act.
6. Special powers of the Institution in respect of criminal offences.-
(1) The Institution may, on previous order
in writing from the Government, take legal
steps in connection with the investigation
of any criminal offence mentioned in the
order and may, after termination of the investigation,
if, on the basis of the
investigation, it is of the opinion that the
charged person should be tried file the
report together with the charge against such
person to the court having jurisdiction.
(2) In the case of an investigation of an
offence mentioned in the order under
sub-section (1), the investigating officers
of the Institution shall have the same
powers, including the power to seize, search
and arrest, and the same duties and
responsabilities as a police or any other
investigating officer in the case of an
investigation of such offence.
(3) Notwithstanding anything contained in
the Code of Criminal Procedure, 1898
(Act No.5 of 1898), hereinafter referred to
as the Criminal Procedures, any
investigating officer of the Institution shall,
in respect of the investigation of an
offence mentioned in the order under sub-section
(1), wherever in Bangladesh his
sojourn, be deemed to be the officer in charge
of the local police station and may
exercise all the powers and discharge all
the functions of an officer in charge of a
police station.
(4) Where the investigation of a criminal
offence under sub-section (1) has been
entrusted to the Institution, the police or
other investigating authority shall desist from
conducting the investigation and shall, if
it has already started the investigation,
without any delay stop the investigation and
transfer all records and files regarding
the investigation to the Institution; and
any period of time used in the conduct of an
investigation before it has been entrusted
to the Institution shall be deducted from the
period of time fixed in the Criminal Procedures
for carrying out investigations.
7. Call for informations, etc.- The Institution may, if it is necessary
for the fulfilment of its duties
under this Ordinance, at any time call, in writing, for any information,
statement, document or
record from any public office or statutory governmental authority.
8. Combined meetings.- The Institution may, if necessary, for the purpose
of properly
discharging its duties under this Ordinance, at any time, summon any
other investigating institution
to its meetings and take its advice.
9. Administration of the Institution.- The administration of the Institution
shall lie with the
Chairman and the other members and officers of the Institution shall
discharge their functions
under the authority of the Chairman.
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URL: http://www.commonlii.org/bd/legis/ord/iaiio1987523