Arrest Warrants Issued by Pure Food Courts and Jurisdiction of DSCC Courts in Bangladesh
Food safety is a critical concern in Bangladesh due to widespread food adulteration affecting consumer health. Recognizing this, the government has implemented robust legal frameworks to address these issues. Among these measures is the establishment of Pure Food Courts under the Food Safety Act 2013. This article, penned by TRW Law Firm in Dhaka, delves into the processes behind arrest warrants issued by Pure Food Courts and examines the legal standing of Dhaka South City Corporation (DSCC) courts.
Food Safety and Legal Frameworks in Bangladesh
Food safety in Bangladesh has evolved significantly, from the Bangladesh Pure Food Ordinance of 1959 to the comprehensive Food Safety Act of 2013. The constitution of Bangladesh under Article 15 asserts the state’s responsibility to ensure basic necessities, including food, while Article 18 emphasizes the state’s duty to improve public health and nutrition.
The Food Safety Act 2013, enforced in 2015, established the Bangladesh Food Safety Authority (BFSA) and empowered Pure Food Courts to ensure compliance with food safety standards. This act supersedes previous regulations, introducing stringent measures to tackle food adulteration.
Pure Food Courts: Mandate and Authority
According to Section 2(4) of the Food Safety Act 2013, a “Food Court” refers to a Pure Food Court designated under Section 64. These courts have exclusive jurisdiction to try offenses related to food safety. Section 64 specifies that the government, in consultation with the Supreme Court, can designate courts of 1st Class Magistrates or Metropolitan Magistrates as Pure Food Courts. As of now, 71 such courts have been designated across Bangladesh.
Despite this extensive framework, the practical implementation faces significant challenges. Many of these courts, burdened with additional responsibilities on top of their regular duties, have not effectively addressed food safety cases. The BFSA’s claim of assigning public prosecutors to each court often does not reflect the ground reality, where cases related to food safety are rarely prosecuted.
Process of Issuing Arrest Warrants
The process of issuing arrest warrants in Pure Food Courts is governed by the Food Safety Act 2013 and the Code of Criminal Procedure (CrPC). Here’s a detailed look at the procedure:
Complaint Lodging: Under Section 66 of the Act, any individual can lodge a complaint regarding food safety violations. The complaint must be submitted in writing to the Chairman of BFSA or an authorized inspector.
Investigation: Upon receiving a complaint, the BFSA or the designated authority conducts a preliminary investigation. If an offense is confirmed, a case is filed in the Pure Food Court.
Case Filing: The complaint, once validated, leads to a formal case in the Pure Food Court. The Court then proceeds with the judicial process, adhering to the CrPC.
Issuance of Warrants: If the Court deems it necessary, it can issue an arrest warrant for the accused. This involves assessing the evidence and determining probable cause. The warrant is executed by law enforcement agencies.
Trial and Prosecution: The trial is conducted summarily, with the Court empowered to accept various forms of evidence, including audio-visual materials, to establish guilt.
Legal Enforcement and Challenges
While the Food Safety Act provides a robust framework, its enforcement has been lackluster. Public awareness about the legal provisions remains low, and the incentive structure to encourage reporting of violations is not widely known. Section 62 of the Act promises a 25% incentive of the fine amount to the complainant, yet this provision is rarely utilized due to lack of awareness.
Moreover, the investigative process, outlined in Sections 67 and 68, grants investigators significant authority akin to police officers, including a 120-day period to submit their reports. However, the effectiveness of this process is hampered by bureaucratic inefficiencies and inadequate resources.
The Role of DSCC Courts
Dhaka South City Corporation (DSCC) courts play a vital role in urban governance, including matters of food safety. However, the legitimacy and effectiveness of these courts have been questioned due to overlapping jurisdictions and insufficient resources. While DSCC courts are empowered to handle municipal violations, including those related to food safety, they often lack the specialized focus and capacity of Pure Food Courts.
Legal Authority and Challenges
The legality of DSCC courts in addressing food safety issues stems from municipal laws and regulations. However, their authority is often overshadowed by the mandates of Pure Food Courts established under national legislation. This dual jurisdiction can lead to confusion and ineffective enforcement.
Public Awareness and Legal Recourse
For the legal framework to be effective, public awareness is crucial. The Food Safety Act 2013 encourages individuals to report violations and provides legal recourse, including civil suits for compensation. Section 76 of the Act allows for civil actions alongside criminal cases, promoting a comprehensive approach to food safety enforcement.
The legal structures in Bangladesh, particularly the Food Safety Act 2013 and the establishment of Pure Food Courts, provide a robust mechanism to ensure food safety. However, the effectiveness of these measures is undermined by practical challenges, including inadequate public awareness, bureaucratic inefficiencies, and resource constraints.
The Bail Process in DSCC Courts
Introduction
The Dhaka South City Corporation (DSCC) courts play a significant role in managing urban governance issues, including municipal violations and minor offenses within their jurisdiction. Among the many legal processes managed by DSCC courts, the bail process is of particular importance. This article examines the bail process in DSCC courts, outlining the legal provisions, procedures, and practical considerations involved.
Legal Framework for Bail
The bail process in DSCC courts is governed by the Code of Criminal Procedure (CrPC) of 1898, which applies to all magistrate courts in Bangladesh, including those under DSCC jurisdiction. Bail is a legal mechanism that allows an accused person to be released from custody, pending trial or further investigation, upon providing a guarantee that they will appear before the court when required.
Types of Bail
Bail can be classified into two main types:
Bailable Offenses: These are offenses where the accused has a right to be granted bail. The conditions for bailable offenses are generally less stringent, and bail is often granted as a matter of course.
Non-Bailable Offenses: For these offenses, bail is not a right but a discretion of the court. The court evaluates the severity of the crime, the risk of the accused absconding, the possibility of tampering with evidence, and the likelihood of the accused committing further offenses if released.
Bail Process in DSCC Courts
Filing a Bail Petition: The first step in the bail process is the filing of a bail petition by the accused or their legal representative. The petition is submitted to the DSCC court where the case is being heard. The petition should include relevant details such as the nature of the offense, reasons for seeking bail, and any supporting evidence or documents.
Initial Hearing: Upon receiving the bail petition, the court schedules an initial hearing. During this hearing, the defense presents arguments supporting the bail request, while the prosecution may present reasons for opposing bail.
Consideration of Bail Factors: The DSCC court considers several factors before deciding on the bail petition. These include:
The nature and gravity of the offense.
The accused’s past criminal record, if any.
The likelihood of the accused appearing for future court dates.
The possibility of the accused interfering with the investigation or influencing witnesses.
The overall interest of justice.
Decision on Bail: After evaluating the arguments and evidence, the court may either grant or deny bail. If bail is granted, the court sets the terms and conditions, which may include:
The amount of the bail bond.
Sureties or guarantors who can vouch for the accused’s compliance with bail conditions.
Restrictions on the accused’s movement or activities.
Regular reporting to a police station or court.
Execution of Bail Bond: Once bail is granted, the accused must execute the bail bond by depositing the specified amount and providing the necessary sureties. Upon completion of these formalities, the accused is released from custody.
Monitoring Compliance: After being granted bail, the accused is required to comply with the conditions set by the court. Failure to adhere to these conditions can result in the cancellation of bail and re-arrest.
Challenges and Practical Considerations
While the bail process in DSCC courts follows the legal framework of the CrPC, several practical challenges can arise:
Bureaucratic Delays: The bail process can be delayed due to bureaucratic inefficiencies, which can prolong the period of custody for the accused.
Overburdened Courts: DSCC courts, like many other courts in Bangladesh, often face a high volume of cases, leading to delays in scheduling and hearing bail petitions.
Lack of Awareness: Accused individuals and their families may not be fully aware of their legal rights and the bail process, leading to confusion and delays in securing bail.
Access to Legal Representation: Effective legal representation is crucial for successfully navigating the bail process. However, not all accused individuals have access to competent legal counsel, which can adversely affect their chances of being granted bail.
For Bangladesh to achieve its food safety goals and adhere to its constitutional mandates, it is imperative to enhance the functionality of Pure Food Courts, improve coordination between different legal entities like DSCC courts, and foster greater public awareness and participation in the legal process. Only through these concerted efforts can the nation ensure the safety and well-being of its consumers, fulfilling both legal and moral obligations to its citizens.
A Suspense Account in Bangladesh: What Is It? Examples, Types, and How It Operates
Depending on the context, “suspense account” might mean a number of various things. A suspense account is a component of a company’s financial accounts that, in the business sector, is used to record confusing entries that require additional examination to determine their right classification.
In mortgage servicing, if a borrower has only made a portion of the required payment for that month, the servicer may utilize a suspense account to temporarily park funds. A suspense account is a kind of brokerage account used for investing in which the money received from the sale of an investment may be tracked until the customer decides to make another investment with the proceeds.
One bookkeeping instrument that has multiple uses in various corporate contexts is the suspense account. When something is unclear and needs to be clarified before being assigned to the correct account, a business might record it on its records using a suspense account. When a borrower makes partial monthly payments or misses payments altogether, mortgage servicers may utilize a suspense account. Brokerage businesses utilize suspense accounts to store client funds until they are ready to be reinvested in investments.
Suspense accounts are always meant to be transient.
Banks constantly take on credit risk when they lend money to customers; this is the possibility that the borrower won’t be able to repay the loan. The loan is termed to become non-performing at that point. When a borrower misses a payment by 90 days or the bank determines that the borrower is unlikely to repay the loan, the debt is considered non-performing.
Banks’ viability is impacted by non-performing loans (NPLs), which lower their profits and result in losses. Banks are unable to lend to individuals and businesses if they have a high percentage of non-performing loans. The overall economy is harmed by this.
Utilizing loss prevention strategies: provisions and coverage
All banks have to brace themselves for loan losses. The bank projects the projected loss on the loan in the future and records a matching provision to counteract this credit risk. By booking a provision, the bank acknowledges a loss on the loan in advance. By filing a provision, a bank incurs a loss and, as a result, lowers its capital by the amount of money it would not be able to collect from the customer. Banks utilize their capital to absorb these losses.
Because they may still receive some repayments from the customer, banks are exempt from having to book provisions for the entire amount of a non-performing loan. By selling the assets or property the client has pledged as collateral, they may also be able to recoup a portion of the loan balance. The estimated net loss should be the only amount insured. The bank’s non-performing loan coverage is the amount of non-performing loans that are covered by provisions. It demonstrates the extent to which the bank has already recorded the losses associated with non-performing loans.
Business Suspense Accounts
In a general ledger, entries containing ambiguities or discrepancies that require resolution are usually found in suspense accounts. For instance, if a business’s customer pays but miswrites their account number, the funds can be held in a suspense account until the mistake is fixed and the payment is appropriately credited. In a different situation, a client may send money, but they may not have mentioned which of the many unpaid bills they meant to settle with that money.
Suspense accounts, no matter what the problems are, are closed as soon as they are resolved, and the money is immediately transferred back into the right accounts. The suspense account need to reach a balance of $1,000 at that point. Although there’s no set schedule for carrying out a clearing-out process, many companies aim to do this on a monthly or quarterly basis.
In this instance, “suspense” refers just to the fact that a transaction or its classification in a company’s accounts has been temporarily suspended, pending some further action, despite its enigmatic overtones.
Suspense Accounts for Mortgages
When a borrower accidentally misses a monthly loan payment, a suspense account can be used by a mortgage servicer to keep funds.1.
Sometimes a borrower will purposefully make partial payments, splitting their monthly payment into two sections, for example. Mortgage servicers in these situations may retain the first partial payment until they receive the second installment by using a suspense account.
The mortgage servicer will pay the lender’s interest and principal for that month as well as any escrow account that has been established to cover property tax or homeowners insurance payments, after they have received sufficient funds to make a full payment.
Similarly, the servicer may temporarily place excess funds into a suspense account if a borrower makes a payment that exceeds their outstanding balance in a given month without specifying how those monies should be used.
For instance, all payments made into a suspense account and the total amount in that account must be disclosed in the periodic account statements that servicers are accountable for sending to borrowers. Additionally, the borrower must be informed by the servicer of the necessary steps to have the funds applied to their mortgage payment.
Accounts Suspended in Brokerage
Brokerage suspense accounts briefly store money while transactions are finalized, just like the other kinds. For instance, the $1,000 from the sale of a group of stocks valued at $1,000 would be placed in a suspense account until it could be applied to the new purchase if the investor intended to promptly invest the proceeds in a different set of assets. If more information is required to complete the transaction or if there are other issues that need to be resolved, a suspense account may also be created.
We refer to the amount of money in the suspense account as the “suspense balance.”
A General Ledger: What Is It?
A company keeps continuous records of its assets and obligations, divided into many categories or accounts, in a general ledger. Assets and liabilities that need more explanation before they can be given a permanent spot in the ledger are placed in suspense accounts.
What Distinguishes a Clearing Account from a Suspense Account?
Transactions are recorded temporarily until they may be permanently assigned to suspense accounts or clearing accounts. However, suspense accounts are more frequently utilized when a transaction involves a question that needs to be answered.
Do Interest-Bearing Mortgage Suspense Accounts Exist?
No, the borrower does not receive interest on the funds in a mortgage suspense account, in contrast to mortgage escrow accounts.1.
In essence, a suspense account is a bookkeeping method used to track money for a short while until specific problems are fixed. Suspense accounts allow businesses to track payments they receive, but they can’t be fully reconciled until some details are filled in (like an invoice number). It is a method used by mortgage servicers to document partial monthly payments until the borrower completes the payment. Suspense accounts are also used by brokerage firms to track a customer’s funds, for example, between the time they sell an investment and the time they reinvest it.
Your business will change as life does as things change all the time. It will be simpler for you to handle change as a business owner if you have a well-thought-out exit strategy [that will benefit your company’s success]. Because of this, a lot of individuals concurred that each owner of a firm should have a contingency plan in place that specifies what has to happen in the event that ownership is transferred.
Think about the following situation. You’ve decided to sell your business and retire. Whether you sell your company or transfer ownership depends on the specifics of the ownership transition and how it is structured. Because of this, it’s imperative to have a fallback strategy in place and to understand the process of transferring corporate ownership.
Change Ownership of a Business in Bangladesh
Bangladesh: Six Steps for Transferring Company Shares
Here is a detailed breakdown of the six steps involved in transferring the shares of a private limited company that is registered in Bangladesh.
1. Determine if the transfer of shares is subject to any restrictions:
A private limited company’s articles of association may place restrictions on share transfers (AOA). Therefore, it is necessary to check the Company’s Articles of Association prior to initiating the offer exchange process. In Bangladesh, it is customary for an organization’s articles of association to specify the predetermined procedure that needs to be adhered to for any internal proposal exchange.
2. Kindly Let the Board of Directors of the Company Know
If a shareholder wishes to move the offers, they must notify the board of directors in writing of their decision to shift a section of the business. According to the Articles of Association, the Director may occasionally have the right to reject enrollment or relocation of offers.
3. The anticipated share price is paid.
If a shareholder wishes to move the offers, they must notify the board of directors in writing of their decision to shift a section of the business. According to the Articles of Association, the Director may occasionally have the right to reject enrollment or relocation of offers.
4. Form 117 Needs to Be Filed
Once the company gave its approval, the share price should have been paid. Whether the buyer and vendor are domestic or overseas, proof of payment is not required. If the seller is a Bangladeshi and the buyer is a foreigner, the Joint Stock Companies and Firms Registrar (RJSC) will require a letter of bank encashment in order to transfer the share.
5. Payment of Stamp Duty
Stamp duty is charged on the face value of each share.
After Form 117 is signed, a copy ought to be delivered to the Company.
6. Modification and Supply of Share Certificate Registrar Records
The company should update its share registrar, share transfer registrar, and minutes registrar when the aforementioned procedures are finished. It should also issue a new share certificate in the new shareholder’s name or amend an existing share certificate to reflect the changes. The Company’s Share Transfer Requires The Five Documents Below
an official letter from the company’s board of directors approving the stock transfer.
a document outlining the quantity of firm shares that are being transferred.
Company Form 117 needs to be filled out and signed.
The Board of Directors of the company’s approval of the share transfer; a Certificate of Transfer of Shares (Certificate of Transfer of Shares).
TRW Law Firm’s Exclusive Consultation for Transferring Business Ownership
In Bangladesh, the most fundamental type of business structure is the single proprietorship. Legally, the owner and the business are one and the same since a sole proprietorship lacks the distinction of an independent incorporated corporation. Each and every asset and liability of the business belongs to the owner personally. Personal belongings are not shielded from obligations and risks associated with businesses. As a sole proprietor of a business, you bear limitless responsibility. This implies that creditors who owe money to your company may pursue your personal assets if it is unable to pay its debts. This enormous financial risk is usually unknown to many business owners. The proprietor is held personally responsible for the debts of the business in the event that it is sued or cannot cover its costs. Further details regarding sole proprietorship are available in the proprietorship guide. Transfer Ownership of Your Company with Confidence
In Bangladesh, businesses are restricted by limited guarantees or shares. Although it is theoretically conceivable to register an infinite business, these types of companies are not popular. A corporation whose liabilities are limited to the amount of its stock capital is known as an LLC. According to Bangladeshi law, a Private Limited corporation (PLC) is a registered legal entity separate from its members. In a limited liability company, the owners’ liabilities are confined to the company’s assets, and their personal assets are protected against corporate debts. There are two types of limited liability companies in Bangladesh: private and public. Transferring Business Ownership For Private Limited Companies Precisely
A private limited company is a type of limited liability business that is not open to the public and has fewer than 50 shareholders. Most privately held companies in Bangladesh are registered as private limited companies. A private limited company’s stockholders may be people, corporations, or both. A private limited company is the most cutting-edge, adaptable, and expandable corporate structure in Bangladesh. It’s also the most advised form of business entity for serious entrepreneurs in Bangladesh (as compared to sole proprietorship or limited liability partnership).
You can contact TRW by the following method:
Each law firm’s specific services may differ, therefore it is critical to conduct research and consult with a law firm to discover whether they can satisfy your specific legal needs.
Export Registration Certificate in Bangladesh 2024
Any business entity that wishes to export any authorized domestic commodities from Bangladesh, regardless of value or quantity, must get an Export Registration Certificate. This Certificate’s legal basis is stated in The Export Policy Order 2015-2018.
The applicant must get the IRC Form from the CCI&E office or website and submit the completed Form, along with supporting papers, to the CCI&E office’s Dispatch Section. The registration money and pass-book cost should be deposited at Bangladesh Bank or Sonali Bank, and three (3) copies of the Treasury Challan should be obtained.
To get the Export Registration Certificate, the applicant must submit the completed application form, the listed supporting documents, and the Treasury Challan to the CCI&E office.
REQUIRED SUPPORTING DOCUMENTS:
Attested photocopy of valid Trade License
Attested photocopy of membership certificate from local Chamber of Commerce and Industry or relevant Trade Association
Original copy of Treasury Chalan
If a partnership business: Partnership Deed (certified attested copy)
If a limited company: (certified attested copies)
Certificate of Incorporation
Articles of Association
Memorandum of Association
(To facilitate verification of the submitted documents, applicants are requested to submit the original documents as well. The original copies of the documents will be returned at the completion of the process).
PROCESS STEPS:
Step 1: Collect ERC form from office of Controller Import and Export.
Step 2: Deposit schedule fees at Bangladesh Bank or designated branches of Sonali Bank. Fees should be deposits under the head number: 1 – 1731 – 0001 – 1801
(Sonali bank branches should be used only where Bangladesh Bank is not available). Collect and complete 3 copies of Chalan Form and pay the scheduled fee.
Category of Certificate
Initial Registration Fee
Renewal fee
Export Registration Certificate
7000
5000
Step 3: Submit application form with recovery supporting documents
Attested a recent passport size photo of applicant
Make copies of complete application package for self
Submit application at the receipt room 3rd floor of CI&E by 4 p.m.
Attested photograph of entrepreneur/managing partner/managing director.
Attested copy of trade license.
Membership Certificate from Local Chamber of Commerce and Industries or Bangladesh Indenting Agents’ Association.
Bank’s certificate for economic solvency.
Agencies deed with overseas suppliers.
Original copy of Chalan.
Attested copy of TIN.
For partnership company: Attested copy of registered partnership deed
For public/private limited company: Attested copies of certificate of incorporation along with memorandum and articles of association by Registrar of Joint Stock Companies and Firms (RJSC).
PROCESS STEPS:
Step 1: Collect a form of indenting registration certificate (Free of cost) from Controller of Imports & Exports office (3rd floor).
Step 2: Deposit schedule fees at Bangladesh Bank or designated branches of Sonali Bank. Fees should be deposits under the head number: 1 – 1731 – 0001 – 1801
(Sonali bank branches should be used only where Bangladesh Bank is not available). Collect and complete 3 copies of Chalan Form and pay the scheduled fee
Category of Certificate
Initial Registration Fee
Renewal fee
Intending Registration Certificate
7000
5000
Step 3: Submit application form with supporting documents
Attach a recent passport size photo of the applicant
Submit complete application at the receipt room on 3rd floor of CI&E office
Collect authority’s signature in your company’s pad
