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Law Discuss on Religious Act

In: Religion Topics

Submitted By tanviralam07
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TABLE OF CONTENTS

Application Letter of Transmittal------------------------------------------------------------- 3

Law:

Religious Societies--------------------------------------------------------------------------- (4-6)

Vaccination act------------------------------------------------------------------------------ (7-16)

Kazis act------------------------------------------------------------------------------------ (17-18)

Acknowledgement----------------------------------------------------------------------------- 19

Executive Summary--------------------------------------------------------------------------- 20

Limitation---------------------------------------------------------------------------------------- 21

Introduction------------------------------------------------------------------------------------- 22

a) Appointment of new trustee ------------------------------------------------------------ 23

b) Appointment under section 2-------------------------------------------------------- (23-24)

c) Property to vest in new trustees without conveyance --------------------------- (24-25)

d) Provision for dissolution of societies and adjustment of their affairs---------------- 25

e) Questions may be submitted to High Court Division-----------------------------------25

Conclusion---------------------------------------------------------------------------------------- 26

Reference----------------------------------------------------------------------------------------- 27

American International University of Bangladesh (AIUB)
Kemal Ataturk Avenue, Banani
Dhaka-1213, Bangladesh

Sabrina Zarin
Faculty
Department of Business Administration

Subject: Law discuss on religious act

Dear Madam,
It is an honor and great pleasure for us to submit our term paper on Bangladesh law. This term paper was assigned to us as compulsory requirement of the course Legal Environment in Business.

During the process of preparing the report, we had the chance of experiencing and rediscovering our potentials. This assignment gave us an opportunity to apply our theoretical expertise, sharpen our views, ideas and communication skills, which will help us in our future professional career.

Thanking you and looking forward to receive your cordial approval of our submission.

Yours sincerely,

Tamanna Rahman
MD Shaon prodhan
SK. Tanvir Alam
Sajol Roy
A.K.M Khademul Insun
Monshi, Md. Ariful Rahman

Law - 1

RELIGIOUS SOCIETIES ACT, 1880
( ACT NO. I OF 1880).

An Act to confer certain powers on Religious Societies

Whereas it is expedient to simplify the manner in which certain bodies of persons associated for the purpose of maintaining religious worship may hold property acquired for such purpose, and to provide for the dissolution of such bodies and the adjustment of their affairs and for the decision of certain questions relating to such bodies; It is hereby enacted as follows:-

1. This Act may be called the Religious Societies Act, 1880. It shall extend to the whole of Bangladesh but nothing herein contained shall apply to any Hindus, Muslims or Buddhists, or to any person whom the Government may from time to time by notification in the official Gazette, exclude from the operation of this Act.

2. When anybody of persons associated for purpose of maintaining religious worship has acquired, or hereafter shall acquire, any property, and such property has been or hereafter shall be vested in trustees in trust for such body, and it becomes necessary to appoint a new trustee in the place of or in addition to any such trustee or any trustee appointed in the manner hereinafter prescribed, and no manner of appointing such new trustee is prescribed by any instrument by which such property was so vested or by which the trusts on which it is held have been declared, or such new trustee cannot for any reason be appointed in the manner so prescribed, such new trustee may be appointed in such manner as may be agreed upon by such body, or by a majority of not less than two-thirds of the members of such body actually present at the meeting at which the appointment is made.

3. Every appointment of new trustees under section 2 shall be made to appear by some memorandum under the hand of the chairman for the time being of the meeting at which such appointment is made. Such memorandum shall be in the form set forth in the schedule hereto annexed, or as near thereto as circumstances allow, shall be executed and attested by two or more credible witnesses in the presence of such meeting, and shall be deemed to be a document of which the registration is required by the Registration Act, 1908 section 17.

4. When any new trustees have been appointed, whether in the manner prescribed by any such instrument as aforesaid or in the manner hereinbefore provided, the property subject to the trust shall forthwith, notwithstanding anything contained in any such instrument, become vested, without any conveyance or other assurance, in such new trustees and the old continuing trustees jointly, or, if there are no old continuing trustees, in such new trustees wholly, upon the same trusts, and with and subject to the same powers and provisions, as it was vested in the old trustees.

5. Nothing herein contained shall be deemed to invalidate any appointment of new trustees, or any conveyance of any property, which may hereafter be made as heretofore, was by law required.

6. Any number not less than three-fifths of the members of any such body as aforesaid may at a meeting convened for the purpose determine that such body shall be dissolved; and thereupon it shall be dissolved forthwith, or at the time then agreed upon; and all necessary steps shall be taken for the disposal and settlement of the property of such body, its claim and liabilities, according to the rules of such body applicable thereto, if any, and, if not, then as such body at such meeting may determine:

Provided that, in the event of any dispute arising among the members of such body, the adjustment of its affairs shall be referred to the principal Court of original civil jurisdiction of the district in which the chief building of such body is situate; and the Court shall make such order in the matter as it deems fit.

7. If upon the dissolution of any such body there remains, after the satisfaction of all its debts and liabilities, any property whatsoever, the same shall not be paid to or distributed among the members of such body or any of them, but shall be given to some other body of persons associated for the purpose of maintaining religious worship or some other religious or charitable purpose to be determined by the votes of not less than three-fifths of the members present at a meeting convened in this behalf, or in default thereof by such Court as last aforesaid.

8. Nothing in section 6 and 7 shall be deemed to affect any provision contained in any instrument for the dissolution of such body, or for the payment or distribution of such property.

9. When any question arises, either in connection with the matters hereinbefore referred to, or otherwise, as to whether any person is a member of any such body as aforesaid, or as to the validity of any appointment under this Act, any person interested in such question may apply by petition to the High Court Division for its opinion on such question. A copy of such petition shall be served upon, and the hearing thereof may be attended by, such other person interested in the question as the Court thinks fit. Any opinion given by the Court on an application under this section shall be deemed to have the force of a declaratory decree. The costs of every application under this section shall be in the discretion of the Court.

Law - 2

THE VACCINATION ACT, 1880
(ACT NO. V OF 1880)

An Act to make vaccination compulsory:

Whereas it is expedient to make vaccination compulsory in the port of Chittagong and in certain towns and selected local areas in Bangladesh to which this Act may be hereafter extended; It is hereby enacted as follows:-

1. This Act may be called the Vaccination Act, 1880. The Government may, by notification published in the official Gazette, declare its intention to extend this Act, or any of its provisions, to any town or selected local area in Bangladesh.

Objection to such extension: Any inhabitant of such town or area objecting to such extension may, within six weeks from the said publication, send his objection in writing to the Secretary to the Government, and the Government shall take such objection into consideration.

Procedure thereon: When six weeks from the said publication have expired, the Government, if no such objections have been sent as aforesaid, or (where such objections have been so sent in) if in its opinion they are insufficient, may by like notification effect the proposed extension. The Government shall cause the substance of any notification mentioned in this section to be proclaimed and notified within the town or area affected by the same, in the vernacular of such town or area, by such means, and in such manner, as it may direct.

Commencement: The operation of this Act in any place may at any time be suspended by the Government by notification in the official Gazette.

2. Interpretation-clause: In this Act, unless there be something repugnant in the subject or context,-

"parent" includes the father and mother of a legitimate child, and the mother of an illegitimate child; "guardian" means any person to whom the care, nurture or custody of any child falls by law, or by natural right or recognized usage, or who has accepted or assumed the care, nurture or custody of any child, or to whom the care or custody of any child has been entrusted by any authority lawfully authorized in that behalf; "public vaccinator" means any vaccinator appointed under this Act, or any person duly authorized to act for such public vaccinator; "Inspector” means a person authorized by the Superintendent of Vaccination to exercise all or any of the functions of an Inspector under this Act; "medical practitioner” means any person duly qualified by a diploma, degree or license to practice in medicine or surgery; "unprotected child" means a child who has not been protected from small-pox by having had that disease naturally or by having been successfully vaccinated, and who has not been certified under the provisions of this Act to be insusceptible of vaccination; "unprotected person" includes a child who has no parent or guardian and means a person who has not been protected from small-pox by having had that disease naturally or by having been successfully vaccinated, and who has not been certified under the provisions of this Act to be insusceptible of vaccination; "section" means a section of this Act.

3. VACCINATION OF CHILDREN: The parent or guardian of every child born in any place to which this Act applies, as above provided, or may hereafter be extended shall, within six months after the birth of such child, and the parent or guardian of every unprotected child under the age of fourteen years brought to reside, whether temporarily or permanently, in such place aforesaid, shall, within six months after such child's arrival in such place, take it, or cause it to be taken to a public vaccine-station to be vaccinated, or shall, within such period as aforesaid, cause it to be vaccinated by some medical practitioner or public vaccinator; and the parent or guardian of every unprotected child may, whenever the Superintendent of Vaccination, as hereinafter appointed, shall deem it expedient, be served with a notice, in the form prescribed in the first schedule of this Act, requiring the parent or guardian, within fifteen days after the service of the same, to take such child, or cause such child to be taken, to a public vaccine-station to be vaccinated, or within such period as aforesaid to cause it to be vaccinated by some medical practitioner or public vaccinator; and every such parent or guardian shall, within the said period, comply with the requisition, and any public vaccinator to whom such child, or to whom any child under the age of fourteen years, is brought for vaccination at such vaccine-station, or who is requested to vaccinate such child elsewhere than at a public vaccine-station, is hereby required, with all reasonable dispatch, subject to the conditions hereinafter mentioned, to vaccinate such child.

4. Inspection: At an appointed hour on a day not less than seven or more than ten days after the operation shall have been performed, or on an earlier day, if required, the parent or guardian shall cause the child to be inspected by the operator (if a medical practitioner) or by an Inspector, that the result of the operation may be ascertained; and when any public vaccinator has vaccinated a child elsewhere than at a public vaccine-station, an Inspector shall visit the child at the time and for the purpose above mentioned, whether he is requested to do so or not. In the event of the vaccination being unsuccessful, such parent or guardian shall, if the Inspector or medical practitioner so direct, cause the child to be forthwith again vaccinated and subsequently inspected as on the previous occasion. No fee shall be charged by an Inspector for anything done by him under this section.

5. If any Inspector or medical practitioner shall be of opinion that any child is not in a fit state to be vaccinated, he shall forthwith deliver to the parent or guardian of such child a certificate under his hand according to the form of Schedule A hereto annexed, or to the like effect, that the child is then in a state unfit for vaccination. The said certificate shall remain in force for one month only, but shall be renewable for successive periods of one month until the Inspector or medical practitioner shall deem the child to be in a fit state for vaccination, when the child shall, with all reasonable dispatch, be vaccinated, and a certificate of successful vaccination given in the form of Schedule C hereto annexed according to the provisions of section 7 if warranted by the result.

6. (1) If any Inspector or medical practitioner finds-

That a child brought for vaccination has already had small-pox, or a child who has been three times unsuccessfully vaccinated is insusceptible of successful vaccine-nation, he shall deliver to the parent or guardian of such child a certificate under his hand, according to the form in Schedule B hereto annexed, or to the like effect.

(2) If the Superintendent is satisfied that such child has already had small-pox or is insusceptible of successful vaccination, he shall endorse such certificate.

(3) Such endorsement shall operate as an exemption from liability to vaccination,- (i) in case (a) in sub-section (1) - absolutely, and (ii) in case (b) in that sub-section-for a period of twelve months.

(4) Upon the expiration of the staid period, the parent or guardian of such child shall forthwith cause the child to be vaccinated again; and if an Inspector or a medical practitioner finds after two further unsuccessful vaccinations that the child is insusceptible of successful vaccination, he shall deliver to the parent or guardian a further certificate under his hand, according to the form of Schedule B hereto annexed, or to the like effect; and if the Superintendent of vaccination be again satisfied that the child is insusceptible of successful vaccination, he shall endorse such certificate and such endorsement shall operate as an absolute exemption from liability to further vaccination.

7. When a public vaccinator or medical practitioner has performed the operation of vaccination upon any child, and an Inspector or such practitioner has ascertained that the same has been successful, such Inspector or practitioner, as the case may be, shall deliver to the parent or guardian of such child a certificate according to the form of Schedule C hereto annexed or to the like effect, certifying that the said child has been successfully vaccinated.

8. No fee or remuneration shall be charged by any Inspector to the parent or guardian of any child for any such certificate as aforesaid, nor by any public vaccinator for any vaccination done by him in pursuance of this Act at a public vaccine-station. But, when a public vaccinator attends at the request of the parent or guardian elsewhere than at a public vaccine-station for the purpose of vaccinating a child, he shall be paid a fee not exceeding fifty poisha; such fee to be devoted to the purposes in the next succeeding section mentioned.

9. All such fees shall be appropriated as the Government may from time to time direct.

10. The Superintendent of Vaccination, as hereinafter appointed, or any of his assistants, or any Inspector may, from time to time, inspect the vaccination of any child, whether performed by a public vaccinator or medical practitioner; and may, if he thinks fit, direct that such child be forthwith again vaccinated.

|VACCINATION OF UNPROTECTED PERSONS |
| | |

11. Unprotected persons to be vaccinated: Every unprotected person may, whenever they said Superintendent of vaccination shall deem it advisable, be served with a notice in the form in Schedule D hereto annexed, requiring him, within fifteen days after service of the same, to submit himself to a public vaccinator or medical practitioner to be vaccinated; and every such person shall, within the staid period, submit himself to a public vaccinator or medical practitioner for vaccination.
12. Former sections applicable: The provisions of sections 3 to 10 (both inclusive) shall apply, with the necessary alterations, to the case of unprotected persons.
13. Health Officer of Port may cause vaccination of unprotected persons on their arrival: The powers conferred by sections 11 and 30 upon the said Superintendent of Vaccination may, in the case of unprotected persons arriving in the port of Chittagong, be exercised by the Health Officer of the said port immediately upon their arrival. Health Officer may, in certain cases, require immediate vaccination of unprotected person on board: If a vessel arrives in the said port of Chittagong having on board any person suffering from the disease of small-pox, the said Health Officer may, if he deem it expedient in order to prevent the risk of the contagion of small-pox being conveyed into the town or suburbs of Chittagong, require any unprotected person on board such vessel to submit himself forthwith to be vaccinated; and every such person shall, before leaving the vessel, submit himself to the said Health Officer, or any person duly authorized to act in this behalf, for vaccination: Provided that nothing herein contained shall apply to any vessel belonging to, or in the service of, the Government, or to any vessel belonging to any foreign Prince or State.

MISCELLANEOUS:

13A. Every person occupying any house, enclosure, vessel or other place within the limits of the town or port of Chittagong, or the suburbs of Chittagong, shall allow the Superintendent of Vaccination, or a medical practitioner, or public vaccinator or Inspector duly authorized by him in this behalf, such access thereto as he may require for the purpose of ascertaining whether the inmates are protected or not, and as, having regard to the customs of the country, may be reasonable. Whenever it is necessary to ascertain whether a woman is protected or not, the investigation shall be conducted by a female with strict regard to the habits and customs of the country.
14. Public vaccine-stations: For the purposes of this Act, the Deputy Commissioner may, subject to the approval of the Government, appoint such stations for the performance of vaccination as he may, from time to time, deem fit. Such stations shall be called "public vaccine-stations"

Appointment of public vaccinators, etc: The Deputy Commissioner may appoint such public vaccinators and vaccination establishments for carrying out the purposes of this Act as he may, from time to time, deem fit. Notification of stations and hours of attendance: The positions of the public vaccine-stations fixed under the provisions of this section, and the days and hours of the public vaccinators' attendance at each station, shall be published, from time to time, in such manner as the Deputy Commissioner may direct.

15. Power of Deputy Commissioner to make rules: The Deputy Commissioner may, from time to time, make such rules, consistent with this Act, as he may deem fit, for regulating the expenses of such vaccination establishments aforesaid, the payment of public vaccinators and Inspectors, and the realization and scale of fees under this Act.

16. Superintendent of Vaccination: The Civil Surgeon of a district or such other officer as the Government may, from time to time, appoint in that behalf, shall, in that district, exercise the powers and perform the duties by this Act assigned to the Superintendent of Vaccination.

Such officer, subject to the orders of the Government, shall have a general control over all the proceedings of public vaccinators and Inspectors, and shall perform such duties in connection with public vaccination, in addition to those prescribed by this Act, as shall be required by the Government.

REGISTRATION

17. Registrar of Births to give notice of requirement of vaccination: On the registration of the birth of any child under the provisions of any law for the time being in force, the Registrar shall deliver to the person giving information of such birth a printed notice in the form of Schedule E hereto annexed, or to the like effect; and such notice shall have attached thereto the several forms of certificates prescribed by this Act.

18. Duplicates of all certificates to be transmitted to the Registrar: Every Inspector or medical practitioner, who gives to any parent or guardian a certificate in any of the forms of the said Schedules A, B and C, shall, within twenty-one days after giving the same, transmit a duplicate thereof to the Registrar of Births of the district where the birth of the child on whose account such certificate was given has been registered; or, if that be not known to him, to the Registrar of the district within which the child was vaccinated or presented for vaccination.

19. Registrar to keep a vaccination notice and certificate book: The Registrar of Births shall keep a book, in such form as may, from time to time, be prescribed by the rules made under section 33, in which he shall enter minutes of the notices of vaccination given by him as herein required, and shall also register the duplicates of certificates transmitted to him as herein provided.

20. . He shall also prepare and keep a duplicate of the register of Births required to be kept by him under the provisions of any law for the time being in force, with such additional columns as shall, from time to time, be prescribed by the rules made under section 33, in which he shall record the date of every duplicate certificate in the form of the said Schedule B or Schedule C received by him concerning any child whose birth he has registered, and make an entry to the effect that the child has been vaccinated or is insusceptible of vaccination, as the case may be.

21. He shall also keep a register of postponed vaccinations in the form of Schedule F hereto annexed, in which he shall record the name of every child concerning whom he receives a duplicate certificate in the form of the said Schedule A, together with the date of such duplicate certificate, and of each such successive duplicate certificate if he receives more than one; and shall show the number and year of the entry, if any, in the register of Births in which such child's birth has been registered.

22. Every Registrar shall transmit, on or before the fifteenth of every month, to the Superintendent of Vaccination, a return, in such form as may, from time to time, be prescribed by the rules made under section 33, of all cases in which duplicate certificates have not been duly received by him, in pursuance of the provisions of this Act, during the last preceding month.

23. The Government may direct that the duties imposed on the Registrar of Births under sections 19, 20, 21, 22 and 23 shall be performed by any other person appointed by the Government.

PROSECUTIONS AND OFFENCES

24. If the Superintendent of Vaccination shall notify in writing to a Magistrate that he has reason to believe, from the statement of an informant or otherwise, that any child under the age of fourteen years is an unprotected child, and that he has given notice to the parent or guardian of such child to procure its being vaccinated, and that the said notice has been disregarded, such Magistrate may summon such parent or guardian to appear with the child before him; and if the Magistrate shall find, after such inquiry as he shall deem necessary, that the child is an unprotected child, he may, whether the child has been produced or not, make an order directing such child to be vaccinated within a certain time.

25. If any parent or guardian intentionally omits to produce a child whom he has been summoned to produce under the last preceding section, he shall be liable to fine which may extend to one hundred Taka and to a further fine of twenty-five Taka for every day during which the offence continues: Provided that the aggregate amount of fine for such offence shall not exceed one thousand Taka.

26. Penalty for neglect to be vaccinated: Whoever, in contravention of this Act,-

a) neglects without reasonable excuse to submit himself, within fifteen days after the service on him of the notice prescribed by section 11, to a public vaccinator or medical practitioner to be vaccinated, or to the operator (if a medical practitioner) or to an Inspector after vaccination to be inspected, or

b) Neglects without reasonable excuse to take or cause a child to be taken to be vaccinated, or after vaccination to be inspected, or

c) neglects to fill up and sign and give to any person or to the parent or guardian of any child any certificate which such person, parent or guardian is entitled to receive from him, or to transmit a duplicate of the same to the Registrar of Births, or

d) Refuses without reasonable excuse to submit himself to be vaccinated when required so to do by the Health Officer exercising the powers conferred upon him by section 13, shall be punished for each such offence with fine which may extend to fifty Taka.

No prosecution under this section shall be instituted after the expiry of twelve months from the date on which the offence has been committed.

27. Penalty for making or signing false certificate: Whoever will fully signs or makes, or procures the signing or making of, a false certificate or duplicate certificate under this Act, shall be punished with imprisonment of either description, within the meaning of the 3[ Penal Code], for a term which may extend to six months, or with fine which may extend to one hundred Taka, or with both.

A) Whoever voluntarily obstructs any public vaccinator or Inspector in the discharge of the duties assigned to him as such shall be punished for each such offence with fine which may extend to fifty taka.

B) Any public vaccinator or Inspector who veraciously and unnecessarily enters any house, enclosure, vessel, on other place, on pretence of ascertaining whether the inmates, or any of them, are protected or not, shall, for every such offence, be punished with fine which may extend to fifty Taka.

28. All offences under this Act shall be cognizable by a Magistrate, subject to the provisions of any law for the time being in force for the trial of offences; but no complaint of any such offences shall be entertained unless the prosecution is instituted by order of, or under authority from, the Government or the Superintendent of Vaccination.

29. In any prosecution for neglect to procure the vaccination of child it shall not be necessary in support thereof to prove that the defendant had received notice from the Registrar or any other officer of the requirements of the law in this respect; but, if the defendant produce any such certificate as herein before described, or the duplicate of the register of Births or the register of postponed vaccinations kept by the Registrar as hereinbefore provided, in which such certificate shall be duly entered, the same shall be a sufficient defense for him, except in regard to the certificate according to the form of the said Schedule A, when the time specified therein for the postponement of the vaccination shall have expired before the time when the information shall have been laid.

MISCELLANEOUS

30. It shall be the duty of the Superintendent of Vaccination to show in an annual return the number of children successfully vaccinated, the number whose vaccination has been postponed, and the number certified to be insusceptible of successful vaccination during the year; and generally to fill up any forms that may be prescribed, from time to time, by the Government.

31. The Government may, from time to time, make rules or issue orders, consistent with this Act,-

(a) determining the qualifications to be required of public vaccinators and Inspectors;

(b) regulating the scale of fees to be paid;

(c) regulating the gratuitous vaccination of such females as are by the custom of the country unable to attend at the public vaccine-stations and are too poor to pay fees;

(d) providing for the supply of lymph;

(e) regulating the books and forms to be kept by the public vaccinators and Inspectors or by Registrars, and also such forms as shall be required for the signature of medical practitioners under the provisions of this Act; and generally

(f) for the guidance of public vaccinators and Inspectors and others in all matters connected with the working of this Act.

Law - 3

THE KAZIS ACT, 1880 (ACT NO. XII OF 1880)

An Act for the appointment of persons to the office of Kazi

Whereas it is expedient to make provision for appointment of persons to be office of Kazi; it is enacted as follows:

1. This Act may be called the Kazis Act, 1880; The Government] may from time to time, by notification in the official Gazette, extend it to the whole or any part of the territories under its administration.

2. Power to appoint Kazis for any local area: Whenever it appears to the Government that any considerable number of the Muslims resident in any local area desire that one or more Kazis should be appointed for such local area, the Government may, if it thinks fit, after consulting the principal Muslim residents of such local area, select one or more fit persons and appoint him or them to be kazis for such local area.

If any question arises whether any person has been rightly appointed kazi under this section, the decision thereof by the Government shall be conclusive.

The Government may, if it thinks fit, suspend or remove any kazi appointed under this section who is guilty of any misconduct in the execution of his office, or who is for a continuous period of six months absent from the local area for which he is appointed, or leaves such local area for the purpose or leaves such local area for the purpose of residing elsewhere, or is declared an insolvent, or desires to be discharged from the office, or who refuses or becomes in the opinion of the Government unfit, or personally incapable, to discharge the duties of the office.

3. Any Kazi appointed under this Act may appoint one or more persons as his naib or naibs to act in his place in all or any of the matters appertaining to his office throughout the whole or in any portion of the local area for which he is appointed, and may suspend or remove any naib so appointed.

When any Kazi is suspended or removed under section 2, his naib or naibs (if any) shall be deemed to be suspended or removed, as the case may be.

4. . Nothing herein contained, and no appointment made hereunder, shall be deemed- (a) to confer any judicial or administrative powers on any Kazi or Naib Kazi appointed hereunder; or (b) to render the presence of a Kazi or Naib Kazi necessary at the celebration of any marriage or the performance of any rite or ceremony; or (c) to prevent any person discharging any of the functions of a Kazi.

Acknowledgement

First of all, we would like to thank and give our attribute to our honorable course coordinator Professor Sabrina Zarin, who has been very much friendly and approachable to us through the Legal Environment in Business course and has given us a lot of guidance in the preparation of our report. We would also like to express our appreciation to the people who have helped all through the project work. We would like to thank our all group members who were very much friendly and sincere to complete the project work. Above all, this term paper is a combined effort of the sincerity, efficiency and determination of all the group members. However, we hope that this course as well as this project work experience will help us to build our career in a successful and precise way in this arena.

School of Business
B.B.A. Program
American International University Bangladesh

EXECUTIVE SUMMARY

It is obvious that human like to be free by born, they do not like to be prisoner but some time they need to depend upon someone. So that creates dependency, and as a result leadership, power creates. This power, leadership, manager are the part of our study. As time to time this leadership, power distribution, management apples developed.

Now a day many organization, firm, instituted need a lawyer to communicate with the others for variable reason. Many legal illegal factors are involved here and an organization needs to face this kind of things. Not only an organization it’s also related with our daily life and we need to know about this issue.

Different types of laws act are in our country. So this report helps us to know about the laws that what’s really happened to others who face this problem and inspire us to be more focused hoe can we manage this kind of legal terms.

LIMITATION

In this report work, we had given our best effort to do it an excellent report, which we represent the real situation accurately, and the reliability will be high. In this project, we faced some limitations regarding the data obtained. However, it was not possible to obtain results from various sections law. This was the first limitation we faced. Secondly, the data received from internet may not be sufficient. Due to this potential problems and limitations, it may not be possible to make accurate conclusions the effective use of innovation. Another problem is paucity of time in preparing this report. Another limitation we think that the respondent selection error and the terms of different commercial law. A wrong selection of respondent commercial law it may largely affect the case result.

Introduction:

A modern society dedicated to the rule of law cannot but make sure that those laws are uniform and equally applicable to all citizens. At least a theoretical commitment ought to be there. Otherwise that society cannot rightly be termed a proper democratic polity.

The Constitution of this Republic is crystal clear when it says: “...the state shall not discriminate against any citizen on grounds of religion, caste, sex, or place of birth.” Unfortunately, that is only a part of the legal fabric of Bangladesh. Since the time of our colonial masters, the British and the Punjabi variety, we have had different sets of family laws for different religious groups. Marriage, divorce, inheritance, guardianship of children, and property rights are regulated by these codes. There is a prima facie case of these codes being repugnant to the letter and spirit of our Constitution.

Our society does discriminate against women. That discrimination does not happen simply because the laws are discriminatory. Far from it, the political leadership, generally more enlightened and educated than the average citizen, has a duty, however, to make a philosophical commitment to equality. In 1972, the Framers of the Constitution did not create a document designed to do away with all injustices at the whiff of a pen. They were under no such illusion.

So religious Societies law is very important and government should follow each section to know people how they react on this.

a) Appointment of new trustee

This Act may be cited as the Trustees Appointment (1850) Act. From our research we found that:

1. The power for the appointment of new trustees conferred by the Convincing and Law of Property Act 1881, or any other statutory power for the same purpose for the time being in force, shall apply to all land acquired and held on trust for any purpose to which the Act of 1850 or the Act of 1869 or this Act applies.

2. Any statutory power for the appointment of new trustees which is for the time being in force may be exercised either by the person or persons and in the manner provided by that statutory power, or by the said person or persons and by resolution at a meeting, or in any other mode in which, under the instrument creating the trust or any other instrument, the appointment of a new trustee in place of a deceased trustee can be effected.

3. Provided that where there is a power to appoint as new trustees only such persons as may be qualified or nominated for election in some special manner, then those persons only who are qualified or nominated in that special manner shall be appointed trustees under the power for the purpose conferred by this Act.

b) Appointment under section 2

Where by force of this Act an appointment of a trustee is capable of being made under a power in any instrument as well as under a statutory power, an appointment of a trustee shall not be made under the statutory power unless and until a period of twelve months at least from the date of the occurrence of the vacancy to be filled up has expired without the vacancy having been filled up.

1. After the expiration of six months from the date of any instrument whereby any person or persons are purported or appear to be or to have been appointed trustee or trustees for purposes within the meaning of the Act of 1850 or the Act of 1869 or this Act, such person or persons shall, for the purpose of any sale or mortgage, be deemed to be the duly appointed trustee or trustees for the purposes for which the appointment is purported to be or appears to have been made, and every conveyance by way of sale or mortgage which such person or persons may make, or concur in making, shall be as valid and effectual in favor of the purchaser or mortgagee as if made by trustees duly appointed.

2. This section is not to have effect unless within such six months no proceedings be taken to set aside the appointment, or unless any such proceedings which are taken within such six months are abandoned or are not duly prosecuted.

3. Where the trustees or the major part of the trustees of any land held on trust for the purposes of the Act of 1850 or the Act of 1869 or this Act, or any other persons present at a meeting duly constituted, are either under the instrument creating the trust or under a statutory power, whether conferred by this Act or otherwise, empowered to appoint trustees by resolution, then a memorandum of the appointment of any trustee which states that the meeting was duly constituted, and which is otherwise made in the form or to the effect, and also subscribed in the manner, directed or provided in the Act of 1850 and the schedule thereto, shall of itself be sufficient and conclusive evidence that the appointment appearing by the memorandum was an appointment duly made, without any evidence of the due constitution of the meeting or of the proceedings thereat.

c) Property to vest in new trustees without conveyance

1. Where any real or personal property has been or is hereafter acquired by or on behalf of any religious denomination, congregation, or society, or any body of persons associated for any charitable purpose, and the conveyance or other assurance of that property has been or is taken to or in favor of trustees to be form time to time appointed, or any parties named in the conveyance or other assurance, or subject to any trust for any such denomination or congregation or society or body of persons, or for the individuals comprising the same, the conveyance or other assurance shall not only vest the property thereby conveyed or otherwise assured in the parties named therein, but shall also effectually vest the same in their successors in office for the time being and the continuing trustees (if any) jointly, or if there are no such continuing trustees, then in their successors in office for the time being chosen and appointed in the manner provided or referred to in the conveyance or other assurance, or in any separate deed or instrument, declaring the trusts thereof; or if no mode of appointment is provided or referred to, or if the power of appointment has lapsed, then such manner as may be agreed upon by such denomination or by a body constituted to represent them, or by such congregation, society, or body of persons.

2. The said property shall be so vested without any conveyance or other assurance whatsoever upon the same trusts and with and under and subject to the same powers and provisions as are contained or referred to in the conveyance or other assurance, or in any separate deed or instrument upon which the property is held so far as the same may at the time of vesting be subsisting and still capable of taking effect, anything in the conveyance or other assurance or in any separate deed or instrument to the contrary notwithstanding.

3. Nothing in this section shall restrict the effect of any appointment of new trustees or of any conveyance or other assurance or vesting of any property.

d) Provision for dissolution of societies and adjustment of their affairs

Provision for dissolution of societies and adjustment of their affairs.--Any number not less than three-fifths of the members of any society may determine that it shall be dissolved, and thereupon it shall be dissolved forthwith, or at the time then agreed upon, and all necessary steps shall be taken for the disposal and settlement of the property of the society, its claims and liabilities, according to the rules of the said society applicable thereto, if any, and, if not, then as the governing body shall find 77 expedient provided that, in the event of any dispute arising among the said governing body or the members of the society, the adjustment of its affairs shall be referred to the principal Court of original civil jurisdiction of the district in which the chief building of the society is situate; and the Court shall make such order in the matter as it shall deem requisite: Provided that no society shall be dissolved unless three-fifths of the members shall have expressed a wish for such dissolution by their votes delivered in person, or by proxy.

e) Questions may be submitted to High Court Division

The Supreme Court of Bangladesh is created by the provisions of the Constitution of Bangladesh, 1972. There are two Divisions of the Supreme Court, i.e.

a) Appellate Division and

b) High Court Division. Appellate Division is the highest Court of Appeal and usually does not exercise the powers of a Court of first instance. Whereas, the High Court Division is a Court of first instance in company and admiralty matters. The Supreme Court of Bangladesh is the protector and guardian of Bangladesh Constitution.

Conclusion:

Finally after seeing the allover result from the report we can say that religious act is very important for our life. Each and every law should be followed by government, In a republic, unlike a pure democracy, elected officials are entrusted to analyze options, make decisions, and educate the public about those decisions. In this report we have mentioned some recommendations and strategies which are introduce by law. At this juncture in time, we can ask no more. But we must demand no less.

Reference:

1. www.bdlaw.com

2. www.wikipedia.com

3. www.vakilno1.com…...

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