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2008: with renewed hope for a new Bangladesh January 2, 2008

Posted by bdoza in BANGLADESH, GOVERNANCE.
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With the end of 2007 almost a year of the Care taker Government is going to be over. The new Care Taker Government started its journey after1/11 on the background of disturbing political situation in Bangladesh with the pledge of a corruption free society and a free fair election.

The government imposed the emergency to calm the situation, restricted the political activities, arrested the political leaders, businessmen and beau crates on charge of corruption and at one stage the two ex-prime ministers were also arrested.

The government reformed the Anti-corruption Commission. Special court had been formed for the trial of corruption cases and so far judgments on many cases have been given.

The controversial commissioners of the Election Commission have been changed and new competent non controversial commissioners have been

posted. EC have been made more independent and process to separate the secretariat is under way. EC had taken steps to prepare a new voter list with photo and with parallel National ID cards.

The Public Service Commission is manned with new executives and measures had been taken to rectify its earlier wrong doings.

Judiciary had been separated from the Executive which is a time changing event for Bangladesh and which the past political governments failed to implement even after repeated commitment.

Formation of Truth Commission has been proposed to lessen the burden on the judiciary but it is not yet take its final shape.

Government formed the Regulatory Reform Commission which is working on simplifying the old regulations to make the business and services more dynamic and easy working.

Better Business Forum is formed with the business community to facilitate the business and investment in our country.

The services at Chittagong Port had been made dynamic and more hassle free which multiplied the income at the port.

National Board of revenue (NBR) had taken attempt to simplify the tax return system and collected the increased amount of revenue more than expected.

Ideas rose to free the universities from students’ and teachers’ politics. But mixed reactions came from different groups – a section of university teachers and political leaders didn’t like the idea.

Few university teachers were also arrested in relation to the violence in the university campus. RU teachers were released on mercy by the President of the country, but fate of arrested DU teachers are still hanging.

The government also tried to revise the University Ordinance of 1973, which is also not acclaimed by the academicians and not yet placed for approval.

The government also tried to discipline the private university education. The private university ordinance is under revision but the final form of the revision is yet to come.

Private medical education also came under government scrutiny and private universities are barred from affiliating the private medical colleges.

But no expected reform took place in the political parties. Rather some leaders are twisting their muscles to launch movement to free their leaders in the coming days. But there is still hope for reform through the regulation of the Election Commission once the registration of the political parties is started.

The country and the economy were devastated by two consecutive floods and a fierce hurricane, many thought would be difficult for the government to overcome. In all three cases the role of the political parties was minimal.

One of the exceptions of the present emergency rule is that the media was kept comparatively free from regulation though initially some restrictions were tried to be imposed by the government. But on the plea of the editors and journalists the government accepted their view point.

The major failure of the government was to control the prices of the essentials. Government has taken multiple measures but the price didn’t come down to the level of common people’ comfortable reach.

Investment, both local and foreign, was less than expected. Big business houses are not yet feeling encouraged investing though assurances and measures from the government. The mid level businessmen didn’t get the requisite support from our financial system.

The encouraging feature is the increasing amount of remittances that our expatriates sent last year which crosses 6 billion US$.

And the 3 day conferences of NRBs in the last days of the year projected the vision of a new Bangladesh with participation of the skilled NRBs in the different fields of our economy.

WE hope that in 2008, the programs that the CTG has initiated will be more consolidated, the prices of essential will be stable, investments  will be improved, voter listing will be completed, a free and fair election will be held and an all accepted democratic government will be installed.

An ordinary citizen

Comments»

1. Suffering groups - October 25, 2008

APPEAL FOR JUSTICE TO SAVE FROM OPPRESSIVE LAWS

Dear Sir
From 1972 after independent ,Bangladeshi Nationals started to Established Industries investing family resources ,adopting innovative technology as SELF EARNER & to create job for million of unemployed & to achieve economic freedom when everything were damaged and leftover .
Government also start helping these fast growing PRIVATE SECTOR INDUSTRIES with fund received from International Grant / Loan giving Agencies and stated to distributed through different Bank. From 1979 to1980 period..
But unfortunately Owner of Industries becomes victims of deep rooted conspiracy & Anti Propaganda .. The Bank Official refrain themselves from ascertaining production capacity of imported machineries and to provide required working capital loan in time extending total non-cooperation, negligence or even were reluctant to receive back their loan money if any Industrial Owner decided to pay back the loan for non-banking activities These have been done willingly to Jeopardize the Government Decision & Policy of Privatizations as well to occupy the mortgaged properties of the Owner of The Industries
In this way Hundreds & Thousand of Industries in Bangladesh have been destroyed by Bank Officials & Policy Maker who are not aware of First Changing Technology of the World even .
Due to Such Conspiracy , Negligence’s , Fraudulent Activities including Non – Banking Activities of Bank Official & Policy Maker, most of the these Industries have became in-operative or closed & have lost their Cash Capital, Expatriate Capabilities. And became helpless victims of such deep rooted conspiracy. Having no Legal Protections and remedies throwing large number of WORKER & STAFFS – JOBLESS who were engaged in these Industries for their livelihood.
In 1992 &1996 the Sick Industries Rehabilitation Cell were formed by GOVERNMENT OF BANGLADESH & have Identified and Registered these Industries as SICK INDUSTRIES declaring not as defaulter but victims of Violation of Contract, Negligence, Fraudulent Activities, Malpractices of Bank Officials including Policy Maker. And due to lack of Accountability at most of the organization of Bangladesh which are no more hidden matter .
THE OWNER OF THE INDUSTRIES OF BANGLADESH ARE LOOKING VERY DESPERATELY FOR JUSTICE BUT THE DOOR OF JUSTICE ARE CLOSED FOR UNKNOWN REASONS.
The owner of Industries of Bangladesh are deprived of Legal Right due to enactment ARTHA RIN ACT ACT ( Money Landing Act ) on 1989 which were amended several time till 2007 and Bankruptcy Act on 1997 treating the OWNERS OF INDUSTRIES SECTOR as like as SLAVE of Primitive Age.

But these laws are not applicable in Nationalized Sector where Billions of Dollars are invested t an unaccounted till today .
Total outstanding Defaulted Bank Loan are about 60 to 70 % lying with Government Sector / Nationalized Concern
And less then 10 % Bank loan are lying with Small & Medium Size Industries of Private Sector & Bank Official can explain well about the balance of the remaining out standing Loan.

LAW OF TORTS and LAW OF CONTRACT ARE MOST COMMON LAW IN ALL COUNTRY and even in our NEIGHBOURING COUNTRIE, BUT NOT APPLICABLE IN BANGLESH YET DUE TO WHICH BANGLADESH HAS BECOME A HEAVEN FOR REPRESSION / EXPLOITATION BY ALL GOVERNMENT ORGANAZATIONS forcing the Process of increasing – Poverty line in Geometric Ration .

OWNER OF INDUSTRIES OF PRIVATE SECTOR CAN NOT CLAIM ANY COMPENSATION OR SET OFF on the Suit filed by the Bank Official or Loan Giving Agencies FOR VIOLATION OF CONTRACT, NEGLEGIENCES, MALPRACTICES, including fraudulent activities of Bank officials instead of huge loss and damages although Bangladesh is known as DEMOCRATIC COUNTRY and never was a COMMUNIST COUNTRY.
CONDITION OF SICK / DISTRESSED INDUSTRIES are in deplorable now due to lack of Accountability of Bank Official / Policy Maker & total Indemnity offered to Bank Official / Loan Giving Agencies These have been done to hide out existing high profile Malpractices, Corruption and Fraudulent Activities & Negligence as per opinion of Expert Personals depriving the Owner of Industries from Justice .
Also Common PEOPLE WHO ARE FACING ANOTHER TYPE OF REPRESSIVE UNDER CERTIFICATE CASE for realization of Taxes , Agricultural Loan , including Weaver’s Loan etc.
The Owners of Industries in Bangladesh have no legal right to protect themselves and from the oppression of Bank Official & Policy Maker & Officials which are no more hidden matter rather a part of deep rooted conspiracy till date helping the process of HUMAN TRAFFICKING .
Bank official have given absolute Indemnity for Violation of Contract , Negligence Malpractices & Fraudulent Activities
OWNER OF INDUSTRIES can only file a separate suit for compensation in separate CIVIL COURT CREATING MORE complicacy for life long litigation WITH OF NO RESULT due to restriction to obstruct or resist any order / decree of ARTHA RIN ACT / COURT by any other DECREE OR ORDER OF OTHER COURT or even of by HIGHER COURT. THE RIGHT OF EQUITY OF LAW HAVE COMPLETELY BEEN DENIED TO THE INDUSTRIAL ENTREPRENEUR OF PRIVATE SECTOR IN BANGLADESH

Sections 12, 12 ( khan ) 18 ( 2 ) & (3 ) 19, 20, 21, 34,40, 41, 42, 44, 47 and 50 of ARTHA RIN ACT are directly repressive types violating of ARTICLE NO : 8, 15, 26 and 27 of BANGLADESH CONSTITUTION and self contradictory to the policy of Government to resist Malpractices and Corruption and Privatization programmed ax Mentioned in Industrial Policy adopted time to time having no force of law at all.

Now there are no other alternative way but to draw the kind attention of Concerned Authority Including International Community / Organizations seeking help for JUSTICE and Support to save & protect the OWNER OF SICK OR DISTRESSED INDUSTRIES OF Bangladesh under Private Sector, including their properties from such deep rooted conspiracy and oppressive laws as well to protect the interest of large number of workers, staffs of the Private Sector and also for CHANGE of such oppressive laws to restore Accountability of Bank Official / Loan Giving Agencies including Policy Maker to ensure for National Interest

( A ) – Humble appeal before the Government of Bangladesh to kindly allow Industrial Entrepreneur to claim Set Off or Compensation on suit filed by the Bank or loan Giving Agencies. or allow to Run Compensation Suit Simultaneously with suits file by Bank Officials under ARTHA RIN ACT with equal opportunity and equal right so as to restore total accountability .

(B)- Considering the Heavy loss and Damages of Government Registered and Identified SICK INDUSTRIES of 1992 & 1996 of Private Sector since last 25 years due to Non-Banking Activities of Bank Officials and Policy Maker may kindly be allowed 100 % weaver of all type of Bank loan liabilities to minimize their heavy loss and damages to certain extent

( C )- The system of keeping mortgage of Land & Properties from the Owner of Industries by Bank or any Loan Giving Agencies as Securities are mostly responsible for Malpractices and ever growing Corruption, & Fraudulent Activities in Banking Sector, which are now proven matter and may kindly be completely abolished as a part of reform programs at earliest possible time to ESTABLISH ACCOUNTABILITY and Check Malpractices, Fraudulent Activities which are now growing by large in Banking Sector or in other Loan Giving Agencies upto root Levels

( D ) – All suits of Artha Rin Court may kindly be transferred to Civil Commercial Court providing Equal right of justice .

OR

The above mentioned Sections 12, 12 ( khan ) 18 ( 2 ) & (3 ) 19, 20, 21, 34,40, 41, 42, 44, 47 and 50 of ARTHA RIN ACT may kindly be abolished immediately to unearth y & check existing Negligence , Malpractices & Fraudulent Activities of Banking Sector.

( E ) – And Section 28 ( Ka ) of BANKING COMPANY of 2001 which explain WRITTEN OFF does not mean Weaver were included just to or misguide the International Community & Bangladesh National so as to serve the interest of the Vested Group & to hide out the above also

( F ) And also take immediate steps to reform or abolished the system of CERTIFICATE CASE Which are nothing but abuse of Law for realizing Government Taxes , Agricultural Loan etc and is one of the worst system of CLONIAL RULE

( G ) – It would be an extreme favors if your good self kindly collect the PRINTED COPIES OF THE ABOVE MENTION LAWS for confirmation of mentioned facts .& to help the Suffering Groups by circulating this appeal among Honorable Member of your Organization and Partner’s Organizations & to Publish in WEBSITES or News Bulletin or News Media, Electronic Media of your territory to bring to the knowledge of Concern Authority including International COMMUNITY OR ORGANIZATIONS working for HUMAN RIGHT & FUNDAMENTAL / Democratic Right of People to prevent legal abuse for immediate help and support to protect the Owner of the Sick Industries / Distressed Industries of Bangladesh and their properties from such OPPRESSIVE LAWS for which they all would be ever grateful as well for change of all types of oppressive laws restoring accountability at all organization of Bangladesh.

********* N.B. the Summery of above mentioned Section of Artha Rin Act at a Glance:

(A)- In section 18 ( 2 ) & ( 3 ) Defendant or Owner of Industries will not be able to claim any set – off or to make counter claim against the Bank or Bank Official nor will be allowed to claim any Compensation by submitting any Suit against Bank ( Plaintiff ) analogously or simultaneously in Artha Rin Court due to violation of contract, fraudulence activities including negligence, malpractices of Bank officials.
(B)- Section 21: Settlement Conference between Borrower and Bank is a misnomer of Law of Arbitration or just to divert the attention of common people in the name arbitration or to make everybody fool .
(C) -As Per Section 19 (6) of Artha Rin Act of 2003 no suits can be declared to be dismissed or discharged for default or above mentioned fault of Bank Official. As per Section 20 regarding any order or proceedings of Artha Rin Act can not be raised to Higher Court or to any Other Superior Authority without paying 50 % of claimed or Decretal Amount if the order is totally misleading or against any law or illegal one even .
(D) – As per Section 34 Defendant or the Owner of Industries in Artha Rin Adalat Case can be put to the Jail for compelling or forcing him to pay the Bank Money without considering the fault or negligence’s of Bank Official without allowing him to proof the matter of violation of contract, fraudulence activities , negligence, malpractices of Bank officials. V- As per section 41 and 42 -The Owner of Industries are not allowed to file any appeal or revision to High Court or Superior Court against any order of Artha Rin Court without paying 50 % of the claimed amount or Decretal amount in advance , But the Bank Official are not require to pay any amount in advance in the Higher Court, allowing A Great Disparity of Law and Justice.
(E) – Under section 47 and 50 , The learned Court under Artha Rin Act of 2003 have been bared to make any exemption of principal loan amount for Violation of Contract , Negligence’s Malpractices, including fraudulent activities or any fault of the bank official uni laterally

(F)- Section 12 ( Kha ) Imposed a bar for filling write petition to Higher Court which are direct violation of human right and constitutional right of the citizen and reflects the negative attitude of Policy Maker and the Law Maker .

Suffering Groups of Owners of Industries of Bangladesh under Private Sectors


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