Special Courts & Tribunals at a glance

Legal System of Bangladesh


Special courts and tribunals-

¨  Administrative Tribunal

¨  Administrative Appellate Tribunal

¨  Customs Appellate Tribunal

¨  Tax Appellate Tribunal

¨  Labour Appellate Tribunals

¨  Labour Courts

¨  EPZ Labour Court

¨  Special Tribunal

¨  Village Court

¨  Family Court

¨  Small Causes Courts

¨  The Conciliation Board

¨  The Artha Rin Adalat

¨  The Bankruptcy Court (Daowlia Adalat)

¨  The Acid Violation Prevention Tribunal

¨  The Women and Child Repression Prevention Tribunal

¨  Money Laundering Court

¨  The Juvenile Court

¨  The Speedy Trial Tribunal

¨  The Settlement Court

¨  The Environment Court

¨  The Environmental Appellate Court

¨  Court of Special District Judge

¨  The Bangladesh Bar Council Tribunal

¨  The Arbitration Tribunal

¨  Electricity Court

¨  Election Tribunal

¨  Special Judge Court

¨  Mobile Court

 

Name, Formation, Jurisdiction and forum of appeal

Administrative Tribunal

Article-117 of the Constitution in 1980, Rules in 1982.

Consists of 1 member who is/has been a District Judge.

Deals with the terms and conditions of persons in the service of the Republic including appointment, condition of service, tenure of office, dismissal of civilian public officers etc.

Appeal to the Administrative Appellate Tribunal.

Administrative Appellate Tribunal

Section-5 of the Act, 1980

Consists of 2 members; one chairman and two other members. Chairman is from the judges of the SC. One member among the Joint Secretaries and other from District Judges.

Will hear and determine from any order or decision of the Administrative Tribunal within 3 months.

Leave to appeal to the AD.

Customs Appellate Tribunal

Section-196 of the Customs Act 1969 provides for an Appellate Tribunal to be called the Customs, Excise and VAT Appellate Tribunal

Consists of as many technical (member of board or commissioners of Customs and Excise or any equivalent post holding for more than 2 years) and judicial members (District Judge or 10-year practicing advocate or BCS member holding a judicial post for 3 years)

Shall have the same power as vested in a court under CPC when trying a suit.

Appeal to the HCD within 3 months, further to the AD.

Tax Appellate Tribunal

Section-11 of the Income Tax Ordinance, 1984

Consists of a President and such other judicial and accountant officers as the govt. decides. The lowest three dispute settlement bodies are- i) The Commissioner of Taxes (IJC of taxes) ii) Deputy Commissioner of Taxes and iii) The Appellate Joint Commissioner of Taxes.

Quasi-judicial body.

Appeal from TRO to IJC within 30 days. (sec-139)

Appeal from IJC to Appellate Joint Commissioner of Taxes ( in case of an individual person)

Appeal from IJC to Commissioner (Appeals) (in case of company)

Appeal from AJC and Commissioner (Appeals) to the Appellate Tribunal (sec-158)

Reference to the HCD, further appeal to the AD.

Labour Appellate Tribunal

Section-218 of the Bangladesh Labour Law, 2006

Consists of a chairman and such other members as the Govt. decides. The chairman shall be a judge of the SC or Rtd. Judge of the SC. Other members may be from the servicing or Rtd. Judge of the SC or District Judge.

Can alter, change, repeal, amend any sentence or order or award or penalty of the Labour Court and transfer a case from one Labour Court to another.

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Labour Court

section-35 of the IRO

Consists of a Chairman (Judge or Addl. Judge of the HCD or Dist. Judge or Addl. Dist. Judge) and 2 members (1 represents the workers and 1 the employer)

Has the power to give award (sec-32) or decision and impose sentence (sec-37). Will decide both Civil and Criminal matters. There are provisions of negotiation, conciliation and arbitration.

Appeal against an award (not decision) to the Labour Appellate Tribunal within 30 days.

Special Tribunal

Sec-26 of The Special Powers Act, 1974

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deals with the offences as mentioned in Special Powers Act 1974, The Arms Act 1878, The Explosive Substances Act 1908, Rule made under the EP Act 1975, The Cruelty to women Ordinance 1983, The Penal Code section-376 etc.

Appeal to the HCD (Sec-30)

Family Courts

Sec-5 of the Family Courts Ordinance, 1985

1 Chairman of concerning UPS/Municipal Corporations and 2 members each from the parties.

i) Marriage and dissolution of marriage

ii) Restitution of conjugal life

iii) Dower        iv) Maintenance

v) Guardianship and custody of children

Will act through ADR. If fails then judicial proceedings.

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Village Courts

Sec-5 of the Village Courts Ordinance, 1976

Composed of 5 members including Chairman of the concerning UPS, 2 nominated by each party.

Up to 25,000 Taka.

If the decision is 3:2 in ratio then a revision application to the DM (criminal matters) and Asst. Judge (civil matters)

Small Causes Courts

Sec-25 of the Civil Courts Act, 1887

Joint District Judge, Senior Asst. Judge, Asst. Judge

Joint District Judge=up to 25,000 Taka.

Senior Asst. Judge=up to 10,000 Taka.

Asst. Judge= up to 6,000 Taka.

Can not execute decrees, attach immovable property, appoint a receiver nor issue an injunction.

Appeal to the District Judge Court. Revision to the HCD.

The Conciliation Board

The Conciliation of Disputes (Municipality Area) Board Act, 2004.

Consists of 5 members; Chairman of concerning Municipality Corporation will be chairman of the board. Two from each side of the disputant parties.

Offences under sec-141, 143, 147, 233, 426, 447 of Penal Code.

Sec-160, 323, 334, 341, 342, 352, 358, 426, 447, 504, 506, 508, 509, 510 of CPC (suit value up to 25,000 Taka).

Can not award punishment. Remedy is either compensation or restitution of property.

Decision of the board is final if taken unanimously or 3:1. if the ratio is 3:2 then an appeal to the Joint Dist. Judge court (civil) or ADM (criminal).

The Artha Rin Adalat

Section-4 of the Artha Rin Adalat Ain Act, 2003

Joint District Judge.

Will follow its own proceedings as well as the proceedings of the CPC. There are provisions of ADR. A suit must be disposed of by 180 days.

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The Bankruptcy Court (Daowlia Adalat)

Section-4 of the Bankruptcy Act, 1997

Dist. Judge or Addl. Dist. Judge.

All questions relating to insolvency will be decided by this court. Creditors may apply to declare a person insolvent under sec-10. A bankrupt will be punished for 2 years with fine (sec-94).

Appeal to the HCD. SC will constitute a special bench for hearing.

The Acid Violation Prevention Tribunal

2 Acts on Acid- i) The Acid Control Act, 2002, ii) The Acid Violation Prevention Act, 2002.

Under Section-23 of The Acid Violation Prevention Act, 2002.

Among the Dist. and Sessions Judges including Addl. Dist. and Session Judges.

Will follow the proceedings of the CrPC and can impose sentence to death with fine.

Appeal to the HCD within 60 days.

The Women and Child Repression Prevention Tribunal

Section-26 of the Women and Child Repression Prevention Tribunal Act, 2000.

Dist. Session Judge, Addl. Dist. Session Judge (permanently or in excess of his duty)

Try offences relating to ransom, kidnapping, trafficking, abduction, corrosive substances, dowry etc. Will follow the provisions of the CrPC. Highest punishment is death penalty+fine.

Appeal to the HCD.

Money Laundering Court

Section-6 of the Money Laundering Prevention Act, 2002

All the Session Courts will be known as 'Money Laundering Court'. The concerning Session Judges/Addl. Session Judges will act as the judges of this court.

Will follow the proceedings of the CPC and CrPC to impose penalty or to confiscate, attachment, fine, seizure etc. Highest punishment- 7 years and fine of twice the amount laundered.

Appeal to the HCD within 30 days.

The Juvenile Court

Sec-3 of the Children Act, 1974. Govt. by official Gazette notification establishes in any local area.

Judge of the HCD, Court of Sessions, Addl. Court of Sessions, Asst. Session or Sub-divisional Magistrate, 1st Class Magistrate.

Jurisdiction over offenders below 16 years of age. Shall follow the proceedings of CrPC.

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The Speedy Trial Tribunal

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Session Judge/Rtd. Session Judge

Will deal such cases as may referred to it by the govt. Will follow the proceedings of the CrPC. Will conclude the proceedings within 90 days.

In Emergency period, the Judge should conclude the proceedings within 45+15 days.

Appeal to the HCD within 30 days.

The Settlement Court

P.O no. LIV of 1985.

Composed of 3 members; 1 Chairman (qualified to be a Judge or Addl. Judge of the SC) and 2 members.

Has jurisdiction to decide abandoned properties. Shall follow the proceedings of the CPC.

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The Environment Court

Sec-4 of the Environment Court Act, 2000. Will be situated in every Head Quarters of the Divisions.

1 Judge hold post as Joint District Judge. Govt. may appoint Special Magistrate.

Highest punishment up to 10 years and 10 Lac Taka or both. (Special Magistrate-2 Years imprisonment and 10,000 Taka fine.) Can not take cognizance in any matter without written report of an inspector of Environment Department (DOE).

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The Environment Appellate Tribunal

Sec-12 of the Environment Court Act, 2000.

Judge holds post of District Judge. Govt. may empower a Dist. or Session Judge as an extra charge.

Will follow the proceedings of the CrPC (criminal matters) and CPC (civil matters).

Provision of appeal is not clearly mentioned.

Law and Order Violation Offences (Speedy Trial) Act, 2003

Sec-4, a court to be known as 'Court of Special District Judge' or 'Special Court or Session'.

Dist. Judge and Dist. Session Judge will act as the sitting Judge.

Only try cases transferred to them by Dist. Judge or Dist. Session Judge.

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The Bangladesh Bar Council Tribunal

Sec-33(1) of the Bangladesh Legal Practitioners and Bar Council Order, 1972.

Consists of 3 persons; 2 from the members of the council, 1 co-opted by the council amongst the advocates on roll. The Attorney General can not be a member.

Try cases of the Advocates. If found guilty for professional or other misconduct they may be reprimanded, suspended or removed from practice.

Appeal to the HCD (sec-36(1).

The Arbitration Tribunal

The Arbitration Act, 2001.

Consists of 3 members or the parties will determine the number of arbitrators.

An arbitral award will be final pursuant to an arbitration agreement and will be binding on both the parties. Arbitration can be done either in Bangladesh or outside.

Appeal to the HCD.

Special Judge

Criminal Law Amendment Act, 1958

Among the Dist. Session Judge, Addl. Dist. Session Judge or Asst. Session Judge.

Try an offence under the ACC Act, 2004.

Appeal to the HCD.

Mobile Court

Sec-353 of the CrPC. Some special laws- Sec-41B of the Pure Food Ordinance, 1959 (Bangladesh Pure Food (Amendment) Act, 2005)

Magistrate

For the purpose of inquiring into or trying any matter within local jurisdiction. Punishment- 3 years and up to 3 lac Taka for adulteration of food or production of below standard food.

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Comments

  1. Thanks Via, really useful post. Hope to see more from you.

    ReplyDelete
  2. Where is Special Equity in Chancery?

    ReplyDelete
  3. description of some courts confusing, such as the court of special district judge (Explain pl., there is no such court). The old constitutive statute of vill courts has been repealed and reenacted. I appreciate this page but would recommend polishing.

    ReplyDelete
  4. Thanks a lot . Your work is very much helpful for me as well as students .

    ReplyDelete

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