Employment: Working Hours, Wages, Holidays - counselslaw.com (CLP) https://www.counselslaw.com Law Firm in Gulshan, Dhaka, Bangladesh. Thu, 17 Oct 2019 12:06:30 +0000 en-GB hourly 1 https://wordpress.org/?v=5.2.4 https://www.counselslaw.com/wp-content/uploads/2019/07/6ca104f273-Screen_20Shot_202015-11-11_20at_2022.54.png Employment: Working Hours, Wages, Holidays - counselslaw.com (CLP) https://www.counselslaw.com 32 32 Employment: Working Hours, Wages, Holidays https://www.counselslaw.com/employment-working-hours-wages-holidays/ https://www.counselslaw.com/employment-working-hours-wages-holidays/#respond Thu, 17 Oct 2019 12:05:59 +0000 https://www.counselslaw.com/?p=1397 Labor law is very important law to protect the interest of the workers in Bnagladesh. The main purpose of this writing is to give an idea about the employment matter, types of workers, terms and conditions of employment, working hours, wages, holidays of a labour as per  The Bangladesh Labor Act, 2006 . WORKERS: According […]

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Labor law is very important law to protect the interest of the workers in Bnagladesh. The main purpose of this writing is to give an idea about the employment matter, types of workers, terms and conditions of employment, working hours, wages, holidays of a labour as per  The Bangladesh Labor Act, 2006 .

WORKERS:

According to Bangladesh Labour Act 2006,‘Worker’means any person including an apprentice employed in any establishment or industry, either directly or through a contractor, to do any skilled, unskilled, manual, technical, trade promotional or clerical work for hire or reward, whether the terms of employment be expressed or implied, but does not include a person employed mainly in a managerial or administrative capacity.

TYPES OF WORKERS:

Workers employed in any establishment shall be classified in any of the following classes according to the nature and condition of work; namely (a) Apprentice, (b) Substitute /Badli, (c) Casual, (d) Temporary, (e) Probationer, (f) Permanent and (g) Seasonal.

  1. Apprentice: As a trainee + Paid allowance only
  2. Substitute/ Badli: In the post of a permanent Worker or of a probation worker
  3. Casual: Casual in nature
  4. Temporary: Temporary in nature + finished within a limited period
  5. Probationer: In a permanent post + the period of his probation
  6. Permanent: He has completed the period of his probation
  7. Seasonal: Any work season and remain in employment up to the end of the season

CONDITIONS OF EMPLOYMENT:

In the Bangladesh Labour Act 2006, it is provided that any establishment may have its own service rule but the service rule must contain all the regulations mentioned in the Act.

Thereafter, the service rule has to be submitted to the Chief Inspector. He will approve of it if there is not any amendment within 90 days of the receipt.

However, if he does not approve, the aggrieved person may seek for an appeal to the Government within 30 days. After that, the Government shall dispose of such appeal within 45 days and the order of the Government shall be final.

RECRUITMENT:

No employer shall employ any worker without giving such worker a letter of appointment and every such employed worker shall be provided with an identity card with photograph.

WORKING HOURS:

Under the provisions of the Act, it is brought up the working hours of a worker, such as:

  1. Daily Working Hour: Up to 8 hours per day.
  2. Interval for Rest or Meal:

Shift exceeding 6 hours: 1-hour break

Shift of 5 hours: 30 minutes

Shift of 8 hours: i) Two 30 minutes break, or ii) One 1-hour break

  • Weekly Working Hour: Up to 48 hours per week.
  • Overtime: Up to 10 hours per day and 60 hours per week.

On average 56 hours per week.

For road transport workers, 150 hours of overtime per year.

  • Night Shift: A holiday for a whole day which means 24 hours break between each night shift has to be given.
  • Limitation for Women Workers: No shift from 10.00pm to 06.00am without the woman worker’s consent.
  • Restriction on Double Employment: Double employment is not allowed for any worker.

WAGES:

‘Wages’ means all remuneration, expressed in terms of money or capable of being soexpressed, which would, if the terms of employment, expressed or implied, were fulfilled, bepayable to a worker in respect of his employment or of work done in such employment, and includes any other additional remuneration of the nature aforesaid which would be so payable, but does not include-

(a) The value of any house accommodation, supply of light, water, medical attendance or other amenity or of any service excluded by general or special order of the government,

(b) Any contribution paid by the employer to any pension fund, provident fund,

(c) Any traveling allowance on the value of any traveling concession,

(d) Any sum paid to the worker to defray special expenses entitled on him by the nature of his employment;

The wages of every worker shall be paid before the expiry of the seventh day after the last day of the wage period in respect of which the wages are payable.

Where the employment of any worker is terminated by retirement or by the employer, whether by way of retrenchment, discharge, removal, dismissal or otherwise, the wages payable to him shall be paid before the expiry of the seventh working day from the day on which his employment is so terminated.

All payment of wages shall be made on a working day.

HOLIDAY:

Every worker shall be entitled to casual leave the full wages for ten days in a calendar year, and such leave shall not be accumulated and carried forward to the succeeding year. However, this rule shall not apply to a worker employed in a tea plantation.

Every worker other than a newspaper worker shall be entitled to sick leave with full wages for fourteen days in a calendar year.

Every newspaper worker shall be entitled to sick leave with half wages for not less than one-eighteenth of the period of services.

No such leave shall be allowed unless a registered medical practitioner appointed by the employer or, if no such medical practitioner is appointed by the employer, any other registered medical practitioner, after examination, certifies that the worker is ill and requires sick leave for cure or treatment for such period as may be specified by him.

Such leave shall not be accumulated and carried forward to the succeeding year.

Labour Law Disputes at CLP

The Barristers, Advocates, and lawyers at CLP in Gulshan, Dhaka, Bangladesh are highly experienced at dealing with Labour Law Disputes. In addition to handling various issues related to service of employment amongst domestic clients on a regular basis, it also has experience at consulting and assisting numerous international clients.

For queries or legal assistance, please reach us at:

E-mail: info@counselslaw.com
Phone: +8801700920980 | +8801947470606
Address: House 39, Road 126 (3rd Floor) Islam Mansion, Gulshan 1, Dhaka.

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MARRIAGE & DIVORCE IN BANGLADESH: EVERYTHING YOU NEED TO KNOW https://www.counselslaw.com/marriage-divorce-in-bangladesh-everything-you-need-to-know/ https://www.counselslaw.com/marriage-divorce-in-bangladesh-everything-you-need-to-know/#respond Wed, 16 Oct 2019 08:58:40 +0000 https://www.counselslaw.com/?p=1393 Muslim Marriage and Divorce In this article we have explained the Muslim Hindu Divorce process and cost In Bangladesh. Marriage is defined as a lawful agreement under the provisions of the Muslim Law, binding a man and woman leading to the validation of all the rights and responsibilities, along with the consent of the parties. […]

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Muslim Marriage and Divorce

In this article we have explained the Muslim Hindu Divorce process and cost In Bangladesh.

Marriage is defined as a lawful agreement under the provisions of the Muslim Law, binding a man and woman leading to the validation of all the rights and responsibilities, along with the consent of the parties. The basic of marriage is- ‘It is a contract of civil nature’. However, Bangladesh has advanced towards secularism where different marriage systems in accordance with different religions exist.  Despite having the religious norms to get married in different religions, people of all faiths can simply register their marriage under the provisions of the Special Marriage Act, 1872.

MUSLIM MARRIAGE:

The essential conditions of a valid Muslim Marriage are:

The essential conditions of a valid Muslim Marriage are:

  1. Presence of minimum two witnesses is a must and in case of female witness it will be counted as- 1 male is equal to 2 female.
  2. The parties to the marriage should be Muslim or kitabia, sound minded and adult. According to Child Marriages Restraint Act 2017, the minimum age of the female or bride must be 18 years and minimum age of the male or groom must be 21 years.
  3. According to Muslim Family Laws Ordinance 1961 the marriage should be registered.
  4. There should be a free and voluntary consent by the both parties.
  5. Dower money or ‘Denmahar’ must be decided by the guardian of the parties or by Parties of the marriage.

Marriage Registration Fees:

The government has fixed the fees of the Marriage Registration consistent with the dower money, such as:

  1. The fee is BDT 12.50/= (Twelve Taka and Fifty Paisa) for each BDT 1000/= (One Thousand Taka) of dower money
  2. The fee is BDT 1250/= (One Thousand Two Hundred and Fifty Taka) for each BDT 1,00,000/= (One Lac Taka) of dower money
  3. The fee is BDT 100/= (One Hundred Taka) after BDT 4,00,000/= (Four Lac Taka) of dower money.

INTERFAITH MARRIAGE

Marriages between people from different religions are recognized under the Special Marriages Act of 1872.  

It is mentioned under the Act that marriages may be celebrated under this Act between persons neither of whom professes the Christian or the Jewish, or the Hindu or the Muslim or the Parsi or the Buddhist, or the Sikh or the Jaina religion, or between persons each of whom professes one or other of the following religions, that is to say, the Hindu, Buddhist, Sikh or Jaina religion upon some requirements which are:

(1) Neither party must, at the time of the marriage, have a husband or wife living:

(2) The man must have completed his age of eighteen years, and the woman her age of fourteen years, according to the Gregorian calendar:

(3) Each party must, if he or she has not completed the age of twenty-one years, have obtained the consent of his or her father or guardian to the marriage:

(4) The parties must not be related to each other in any degree of consanguinity or affinity which would, according to any law to which either of them is subject, render a marriage between them illegal.

NOTICE BEFORE MARRIAGE

One of the parties must give notice in writing to the Registrar before whom the marriage is to be solemnized. The Registrar to whom such notice is given must be the Registrar of a district within which one at least of the parties to the marriage has resided for fourteen days before such notice is given.

SIGN IN A DECLARATION FORM:

Before the marriage is solemnized, the parties and three witnesses shall, in the presence of the Registrar, sign a declaration in the form according to the second schedule to the Special Marriage Act, 1872. If either party has not completed the age of twenty-one years, the declaration shall also be signed by his or her father or guardian, except in the case of a widow, and, in every case, it shall be countersigned by the Registrar.

DIVORCE  PROCESS IN BANGLADESH:

Universally, divorce means one of the types of the legal dissolution of material bond between the parties fulfilling the requirements as per the law.

DIVORCE OF MUSLIM MARRIAGE:

TALAQ:

Under the provisions Muslim Family Law Ordinance, 1961, it is mentioned that-

(1) Notice to Chairman: Any man who wishes to divorce his wife shall, as soon as may be after the pronouncement of Talaq in any form whatsoever, give the Chairman notice in writing of his having done so, and shall supply a copy thereof to the wife.

(2) Penalty for Default: Whoever contravenes the provisions of sub-section (1) shall be punishable with simple imprisonment for term which may extend to one year or with fine which may extend to 10 [ten thousand taka] or with both.

 (3) Iddat Period: Save as provided in sub-section (5), a Talaq unless revoked earlier, expressly or otherwise, shall not be effective until the expiration of ninety days from the day on which notice under sub-section (1) is delivered to the Chairman.

(4) Formation of Arbitration Council: Within thirty days of the receipt of notice under sub-section (1), the Chairman shall constitute an Arbitration Council for the purpose of bringing about reconciliation between the parties, and the Arbitration Council shall take all steps necessary to bring about such reconciliation.

(5) Pregnancy: If the wife be pregnant at the time Talaq is pronounced, Talaq shall not be effective until the period mentioned in sub-section (3) or the pregnancy, whichever be later, ends.

(6) Re-marriage of Wife: Nothing shall debar a wife whose marriage has been terminated by Talaq effective under this section from re-marrying the same husband, without an intervening marriage with a third-person, unless such termination is for the third time so effective.

DIVORCE BY WIFE:

According to Muslim Family Laws Ordinance, 1961 it is stated that where the right to divorce has been duly delegated to the wife and she wishes to exercise that right, or where any of the parties to a marriage wishes to dissolve the marriage otherwise than by Talaq, the provisions of Talaq shall, mutatis mutandis and so far as applicable, apply.

On the other hand, under the provisions of the Dissolution of Muslim Marriages Act, 1939, it is also declared that-

A woman married under Muslim law shall be entitled to obtain a decree for the dissolution of her marriage on any one or more of the following grounds, namely:-

  • that the whereabouts of the husband have not been known for a period of four years;
  • that the husband has neglected or has failed to provide for her maintenance for a period of two years;
  • that the husband has been sentenced to imprisonment for a period of seven years or upwards;
  • that the husband has failed to perform, without reasonable cause, his marital obligations for a period of three years;
  • that the husband was impotent at the time of the marriage and continues to be so;
  • that the husband has been insane for a period of two years or is suffering from leprosy or a virulent venereal disease;
  • that she, having been given in marriage by her father or other guardian before she attained the age of eighteen years, repudiated the marriage before attaining the age of  nineteen years: Provided that the marriage has not been consummated;
  • that the husband treats her with cruelty, that is to say,- (a) habitually assaults her or makes her life miserable by cruelty of conduct even if such conduct does not amount to physical ill-treatment, or (b) associates with women of evil repute or leads an infamous life, or (c) attempts to force her to lead an immoral life, or (d) disposes of her property or prevents her exercising her legal rights over it, or (e) obstructs her in the observance of her religious profession or practice, or (f) if he has more wives than one, does not treat her equitably in accordance with the injunctions of the Quran;
  • on any other ground which is recognized as valid for the dissolution of marriage under Muslim law:

Provided that- (a) no decree shall be passed on ground (iii) until the sentence has become final; (b) a decree passed on ground (i) shall not take effect for a period of six months from the date of such decree, and if the husband appears either in person or through an authorized agent within that period and satisfies the Court that he is prepared to perform his conjugal duties, the Court shall set aside the said decree; and (c) before passing a decree on ground (v) the Court shall, on application by the husband, make an order requiring the husband to satisfy the Court within a period of one year from the date of such order that he has ceased to be impotent, and if the husband so satisfies the Court within such period, no decree shall be passed on the said ground.

DISSOLUTION OF HINDU MARRIAGE

In Bangladesh, there is no specific law with regard to dissolution of Hindu marriage. The Hindus consider their marriage as a holy matrimony which creates a celestial affiliation that cannot be dissolved. 

Nevertheless, separation in Hindu marriage is possible and takes place. But Hindu married woman shall only be permitted to entertain this right if she is virtuous and has not changed her religion or attains the right with sufficient cause to comply with a decree of a competent Court for the restitution of conjugal rights.

Under the provisions of THE HINDU MARRIED WOMEN’S RIGHT TO SEPARATE RESIDENCE AND MAINTENANCE ACT, 1946; a Hindu married women can seek for separation from her husband and ask for maintenance from him depending upon fulfilling some criteria which are-

  • If he is suffering from any loathsome disease not contracted from her;
  • If he is guilty of such cruelty towards her as renders it unsafe or undesirable for her to live with him;
  • If he is guilty of desertion, that is to say, of abandoning her without her consent or against her wish;
  • If he marries again;
  • If he ceases to be a Hindu by conversion to another religion;
  • If he keeps a concubine in the house or habitually resides with a concubine;
  • For any other justifiable cause.

DISSOLUTION OF CHRISTIAN MARRIAGE

Under the provisions of the Divorce Act, 1869, it is mentioned that-

  • Any husband may present a petition to the District Court or to the High Court Division, praying that his marriage may be dissolved on the ground that his wife has, since the solemnization thereof, been guilty of adultery.
  • Any wife may present a petition to the District court or to the High Court Division to dissolve her marriage if-

Her husband has exchanged his profession of Christianity for the profession of some other religion, and gone through a form of marriage with another woman;

Or has been guilty of incestuous adultery,

Or of bigamy with adultery,

Or of marriage with another woman with adultery,

Or of rape, sodomy or bestiality,

Or of adultery coupled with such cruelty as without adultery would have entitled her to a divorce mensa et toro,

Or of adultery coupled with desertion, without reasonable excuse, for two years or upwards.

Nullity of Marriage

After that, a district judge may pass a decree for dissolution of marriage nisi subject to confirmation by the High Court Division. Either the District Judge Court or the High Court may also pass a decree of nullity of a marriage if there is any situation like:

(i) that one of the parties is impotent; (ii) that the parties are within the prohibited degree of consanguinity or affinity; (iii) that either party was insane at the time of marriage; (iv) that the former husband or wife of either party was living at the time of marriage, and such marriage was then in force.

LEGAL ADVICE REGARDING MARRIAGE AND DIVORCE AT CLP

The Barristers, Advocates, and lawyers at CLP in Gulshan, Dhaka, Bangladesh are highly experienced at dealing with marriage, divorce, alimony. In addition to handling various issues related marriage and divorce amongst domestic clients on a regular basis, it also has experience at consulting and assisting numerous international clients with utmost care and attention throughout their legal troubles. For queries or legal assistance, please reach us at:

E-mail: info@counselslaw.com
Phone: +8801700920980 | +8801947470606
Address: House 39, Road 126 (3rd Floor) Islam Mansion, Gulshan 1, Dhaka.

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THE PROSPECTS OF MULTI LEVEL MARKETING (MLM) BUSINESS COMPANY IN BANGLADESH https://www.counselslaw.com/the-prospects-of-multi-level-marketing-mlm-business-company-in-bangladesh/ https://www.counselslaw.com/the-prospects-of-multi-level-marketing-mlm-business-company-in-bangladesh/#respond Tue, 27 Aug 2019 12:02:47 +0000 https://www.counselslaw.com/?p=1320 INTRODUCTION: Multi-level Marketing (MLM) is a business prospect that goes by many names – network marketing, direct selling, person-to person marketing, matrix marketing, binary marketing or one to one marketing. Network marketing often called Multi-Level Marketing is perhaps one of the least understood methods of moving products and/or services into the market place. It is […]

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INTRODUCTION:

Multi-level Marketing (MLM) is a business prospect that goes by many names – network marketing, direct selling, person-to person marketing, matrix marketing, binary marketing or one to one marketing. Network marketing often called Multi-Level Marketing is perhaps one of the least understood methods of moving products and/or services into the market place. It is a system whereby the company producing the product or service rewards the people who make word of mouth referrals. The people who operate as components in the chain are referred to by any of the following names – Members, Independent Salespeople, Network Marketers, Advisors, Agents, and Distributors – different schemes uses in different categories. Over the following decades, MLM has evolved and developed further into the wide array of companies, product ranges, reward plans and cultures that exist today. This unique, powerful system of free enterprise continues to grow, attracting more and more people to it. As we prepare to enter the twenty-first century, MLM has been so well-respected, so healthy, so attractive or so rewarding. In Bangladesh MLM Company is growing day by day because of increasing of demand throughout the country. MLM Company started its journey with the goal to create self-employment opportunities for millions of educated-unemployed youths of Bangladesh.

BACKROUND HISTORY OF MLM COMPANIES:

Exactly nobody knows when MLM business began, because it really evolved over a number of years, prior to World War II. Most observers agree that Nutrilite was the first true MLM Company. MLM Company Officially first introduced in 1940/41 By Dr. Carl Rehn Bourgh in America. First MLM Company is Calpurnia Vitamins Co. Then Neutrality Product incorporated (NPI).In 1958 it was treated as an international MLM concept with the opinion of American Parliamentarian along with the Traditional marketing Concept. At Present More Then 150+Countries and 15000+ companies are practicing This System all over the world.The Greatest Example is MALAYASIA, More Than thousand of Companies are practicing this system (2018). Direct Sales Act 1993 treated as an act of Malaysia Parliament and our neighboring country India has 3000+ running MLM companies. In Bangladesh since 1999 near about 75 MLM companies where we can explore to engage our employment. According to www.mlmbd.com there are 24 MLM companies actively found to be operating in Bangladesh.

MLM BUSINESS SYSTEM:

MLM system is the dynamic innovation in the world business arena. It is also a marketing system treated as the modern concept for the whole universe. Basically it is direct product Distribution marketing system without intermediation.It is Multi-level selling system among the Basic consumers using personal referrals. Consumers can be part of the products distribution system & can share profit.It is a strategy for selling products whereby independent salesmen are permitted to recruit other salesmen and to draw commissions from the sales of their recruits.

COMMON SUBJECT OF CRITICISM:

Multi-level marketing (MLM) is a marketing strategy in which the sales force is compensated not only for sales they personally generate, but also for the sales of others they recruit, creating a down line of distributors and a hierarchy of multiple levels of compensation. Other terms for MLM include pyramid selling, network marketing and referral marketing. Most commonly, the salespeople are expected to sell products directly to consumers by means of relationship referrals and word of mouth marketing. Some people use “direct selling” as a name for MLM, although MLM is only one type of direct selling, which started centuries ago with peddling.MLM companies have been a frequent subject of criticism as well as the target of lawsuits.

Furthermore, criticism has focused on their similarity to illegal pyramid schemes, price-fixing of products, high initial start-up costs, and emphasis on recruitment of lower-tiered salespeople over actual sales. Encouraging if not requiring salespeople to purchase and use the company’s products, potential exploitation of personal relationships, which are using as new sales, and recruiting targets. occasionally exaggerated compensation schemes, and cult-like techniques which some groups use to enhance their members’ enthusiasm and devotion.

It’s ironic that people still mistakenly accuse MLM of being pyramid selling when it was actually the reputable MLM companies that first petitioned government authorities to have pyramid selling outlawed. It did not take long for legislation to be passed to rub out pyramid selling. Nevertheless, pyramid selling is not really a system or structure, despite its cunning name. It’s a mentality – an attitude –, which is very hard to legislate against. Consequently, many anti-pyramid laws also discriminate unintentionally against legitimate network marketing, “throwing the baby away from the bathwater.”

MLM BUSINESS IN BANGLADESH.

MLM is a recent activities and trend added to the business of Bangladesh. It is a concept used by many countries around the world with USA, Canada, Singapore, Malaysia, Taiwan, and India almost 55 years. In addition, it entered the Bangladesh in 1998 through GGN (Global Guardian Network). In Bangladesh since the marketing concept was latest in the MLM Company started to face with many difficulties from the beginning. However, many people misunderstood the concept, even by some of the government agencies. MLM not only operates as direct marketing channel but also it is being practiced by Multi-Level Marketing, Network Marketing, Direct Selling etc. The companies deal with, mainly falls into three categories – health and health related products; computers, information, and communication technology; and convenience and consumer products. On that line of selling near about 75 MLM companies in Bangladesh where we can explore to engage our employment. According to www.mlmbd.com, there are 24 MLM companies actively found to be operating in Bangladesh which changing their customers lifestyle and country’s economy.

LEGAL OBLIGATIONS:

The cabinet of Bangladesh Government approved proposals for a law to lead in the multi-level marketing (MLM) business in the country. According to the proposed MLM Control Act 2012, any person or organization has to obtain a license to run such businesses. The law has a provision for three to five years’ jail and a maximum of Tk 50 lakh fine for not having a license or forgery in business. Moreover, if anyone is found guilty of cheating people in the name of MLM business, he/she will be sentenced to one to five years in jail and will have to give those people double the money, which has been exchanged, in compensation. 

PAST ERROR IN MLM BUSINESS IN BANGLADESH:

However, in some cases, Destiny-2000 Ltd, Uni Pay2 and others company before was performing in a way which does not match with its social image and those sectors need extra attention. It needs to maintain its accounts receivables and payables more consistently and accountability from the governmental Perspective. There marketing strategy is different of the other MLM companies in the world. There marketing strategy was not very strong and unique and they have inefficient and dishonest management system. They should ensure proper payment system through banking channel for the swift payment of their Distributors and should appoint additional distributor to fill the additional target market.

Additionally they should ensure product availability & introduce more delivery sites all over the country and might consider re-adjusting with the local market price in order to gain local market share over the existing leader. The company need to capture the industrial project segment of the market is because right now it is one of the growing sectors where the MLM demand is high.

Furthermore, It should conduct the different seminars with the efficient trainers, consultants and government officials in order to make them aware about the proper and genuine MLM Business.It should communicate with government to establish the principles and constitutions of MLM. They should develop effective and informative Websites to inform all information regarding Destiny Business.

Moreover, Government has no specific focus on MLM in Destiny Business that is why people are non-reliable on Destiny Business. There are no specific rules and regulations regarding MLM from the government. This is the main obstacle. Companies like Unipay2u, destiny 2000 got away easily, due to the loop holes in the law.

STRICT LAW APPLIED FOR DOING GENUINE MLM BUSINESS :

After massive allegations of cheating people by companies, millions of Bangladeshis lost their hard-earned money to fraud companies. The Ministry of Commerce, Bangladesh, is all set to form a strict all in coming months. In future all companies will come under tough monitoring.

The MLM companies should not be engaged in 21 types of businesses including those of land, flat, shops, office space, insurance, leasing, cooperative, trees and lotteries. If the license of a company is suspended and it is found operating business or engaged in sales of products, the government will freeze the company’s bank accounts as per the recommendation of the High Court. Sale of any imaginary product, tangible assets like trees, apartment, etc, any kind of bonus scheme, collection or disbursement of funds by installment or savings, lottery ticket selling, trading of gold/platinum/bronze are remarkable fields where the MLM companies would not be allowed to do business.

Furthermore, the secretary will have power to suspend licenses of the MLM companies and halt their business if they are caught on charges of any wrongdoing. The MLM companies will be allowed to pursue businesses under electronic marketing, pyramid selling scheme, networking marketing, tele-marketing, door-to-door sale and mail order sale. If any company bypasses any provision of the act, they will be penalizing and the board of directors of the company will face a jail sentence. Additionally, the MLM companies also will have to be enlisted with the Registrar of Joint Stock Companies and Firms (RJSC) as like any other company in Bangladesh.

RECOMANDATIONS FOR DOING MLM BUSINESS IN BANGLADESH:

I would like to discuss several benefits why it is the high time to do MLM business in Bangladesh. Use these benefits to promote your MLM Program and to recruit anyone in your organization you may be successful in MLM business in Bangladesh. Network marketing will work any country where there are people, social environment, easy internet facilities and demand of good products. Now Bangladesh is Digital country so there is a very good prospect in direct selling business than before. It seems like multi-level marketing businesses are getting more popular than ever especially with the way our economy is going. They are the rage now on the internet sphere via social media. In fact, people who work from the comfort of their own home have taken by many multi level marketing businesses companies.

Now there are various MLM companies with variants products doing business in Bangladesh. It is very easy for people to choose from them genuine one. They come in all shapes and sizes, with all kinds of compensation plans and support the people. Having a successful multi-level marketing business opportunity can give both money and make everyone’s dream become true. It is very exciting to know that you can begin internet marketing with a multi level marketing business opportunity and get great results.

However, they require just as much hard work and commitment as any other business. If you are relatively new to this industry and concept, you might be a little skeptical and that fine. Here are some advantages to owning multi level marketing opportunities. Having successful multi, level marketing businesses can give you the money that you have always dreamed of having. They give you a fair advantage to a life of abundance that no other business modal can offer.

CONCLUSION:

If we are looking for great MLM companies, it is very important to choose which one we are really want to do work. Additionally, which one is sound better than other and must be aware though many of them sound too good to be true The social impacts on those in the industry has thrown up some attractive results in terms of the very positive attitude toward the direct selling industry held by members of the independent sales force. While most had seen an development in life style and in extra income, clearly the most compelling result were the way in which people believed they had benefited in more personal way. That they believed they had improved people and they were more confident, more motivated, better communicators and had developed new skills, particularly business and financial skills. This result has thrown new light on the business industry of Bangladesh.

However, the social scenario and demographic characteristics of the members, distributors involved in the MLM practices. I believe numerous other predictors may also be important and opportunities available, motivations for involvement, economic impact of such practices on life style and on economy of Bangladesh as a whole. The profitability and the market tests of MLM Company is encouraging for the potential and present investors and it very attractive for the new comers who want to be launching MLM business in Bangladesh. I hope Network marketing and online marketing will be the future of trade and selling in Bangladesh and a great opportunity to take control of financial future.

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Admiralty & Ship Arrest under Maritime laws of Bangladesh https://www.counselslaw.com/admiralty-ship-arrest/ https://www.counselslaw.com/admiralty-ship-arrest/#comments Tue, 30 Jul 2019 11:44:58 +0000 https://www.counselslaw.com/?p=884 The post Admiralty & Ship Arrest under Maritime laws of Bangladesh appeared first on counselslaw.com (CLP).

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The law in relation to Admiralty and maritime can be traced back since the Admiralty Courts Act 1840. Thereafter the Act has been developed with Admiralty Court Act, 1861, The Courts of Admiralty Act, 1891 and Admiralty Rules 1912. Now in Bangladesh, Admiralty Courts Act 2000 deals with all issues in relation to admiralty.

Admiralty Court:

The High Court Division of Supreme Court of Bangladesh has an original jurisdiction to deal with the cases of admiralty. It extends to ships or vesselsanchored at any port of Bangladeshi. 

Admiralty Ship Arrest in Bangladeh

Admiralty Court Jurisdiction:

The Admiralty Court shall have jurisdiction to hear and determine any of the  questions or claims in relation to :(a)  the possession or ownership of a ship (b)   any question arising between the co-owners of a ship as to possession, employment or income of that ship;(c) any claim in respect of a mortgage of or charge on a ship or any share therein;(d)   any claim for damage done by a ship;(e)  any claim for damage received by a ship;(f) any claim for loss of life or personal injury sustained in consequence of any defect in a ship(g) any claim for loss of or damage to goods carried in a ship;(h) any claim arising out of any agreement relating to the carriage of goods in a ship or to the use or hire of a ship;(i)  any claim in the nature of salvage of life from a ship (j) any claim in respect of towage of a ship or an aircraft;(k) any claim for forfeiture or condemnation of a ship or of goods 

Mode of exercise:

The admiralty jurisdiction of High Court Divisionmay be exercised in personamandaction in rem with some conditions.The Admiralty Jurisdiction of the High Court Division as the Court of Admiralty may be exercised through an action in rem against the ship, aircraft or property.

Institution of Suit :An action or a suit before the High Court Division shall be instituted by a plaint drawn up, subscribed and verified  according to the Code of Civil Procedure, 1908. As per section 7 of Admiralty Act 2000, the maximum court fee for Admiralty suits is Taka.1, 00,000 (One Lac), except the claims by the master or seamen for wages earned on board.

Enforcement of Judgment:

The Hon’ble Court upon satisfaction on a well-founded case may enforce the payment of judgment by attachment against the party on whose behalf a caveat has been entered, and by the arrest of the property if no caveat has been entered.  An order of sale by the Hon’ble court will be conducted by the Marshal in a manner as a sale of moveable property in execution of a decree in an ordinary civil suit, unless the Hon’ble Court otherwise orders. In practice, if bank guarantee is provided, it will be en-cashed in favour of the judgment-debtor. Foreign judgments and arbitration awards are also enforceable by the Hon’ble Court.

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Trade License Process in Bangladesh https://www.counselslaw.com/trade-license-bangladesh/ https://www.counselslaw.com/trade-license-bangladesh/#respond Fri, 26 Jul 2019 21:15:19 +0000 https://www.counselslaw.com/?p=695 The post Trade License Process in Bangladesh appeared first on counselslaw.com (CLP).

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STEP BY STEP INSTRUCTIONS TO GET A TRADE LICENSE IN BANGLADESH

Receiving a trade permit is among the initial steps of beginning your business. Doing business in Bangladesh requires a formal authorization from Dhaka City Corporation or Municipality’s important office (Union Parishad, Pouroshava, upozilla or zilla parishad) to work. This authorization is given as Trade License. So as to get a Trade License in Bangladesh the lawful premise of this prerequisite Business License is being presented in Bangladesh under the City Corporation Taxation Rules, 1983 and Municipal Taxation Rules, 1986.. It is issued when a business visionary connected through the license form/structure. Working business without an exchange permit is unlawful in Bangladesh. For effectively acquiring an exchange permit, the business visionary is required to utilize the fitting structure and apply through the significant expert’s office. For example, Dhaka City Corporation is separated into two sections, North and South. The candidate will require picking the right structure contingent upon the territory where the business is found.

To begin you need the lawful authorization and trade permit from City Corporation or City Council of your business zone is that approach to be lawful. As far framework says, the way toward getting business permit in Bangladesh isn’t muddled yet because of absence of honesty and violation the rules by corruption, it is practically difficult to get a trade License without bribe. Along these lines, on the off chance that you realize that, the expense of getting a business permit is BDT 2000 and you are going with a light personality to get your permit then Team CLP will guide you to stop and check your cash sack for additional lubrication cash.

VITAL INFORMATION ON HOW TO GET YOUR TRADE LICENSE

Procedure: The procedure is overseen by the City Corporation or city committee where the business exists. A permit is issued solely for the sake of the licensee and such permit isn’t transferable. The licensee will not utilize the permit for some other purposes, with the exception of the reason and nature of calling, trade or calling it was issued. A renewed Trade License is given by the concerned staff of the zonal tax collection office. An expense for exchange permit must be kept at any Bank as demonstrated on the Trade License form/structure.

The List of archives required for acquiring a trade permit are as follows:

Application Form from Dhaka City Corporation (North Form) or (South Form)

National ID card of the entrepreneur

Recent receipt or ownership proof

Recent passport size photo of the entrepreneur

Work Permit from Board of Investment

Statement of Bank Solvency & TIN Certificate

ADDITIONAL REQUIRED DOCUMENTS FOR TRADE LICENSE:

In case of general Trade License

Attested Copy of Rent Receipt or Rental Agreement and also the copy of the Holding Tax payment receipt.

In case of Trade license for industries

 – Everything mentioned in serial no. 1 plus

No objection declaration on the surrounding

Location Map

Copy of fire certificate

Declaration on non-judicial stamp of tk 150/to abide by the rules & regulation of DCC.

In case of Clinic/Private Hospital

– permission from the Director General of Health.

In case of Limited Company

Memorandum of Articles Certificate of In-Corporation

In case of Printing Press & Residential Hotel Permission from DC

In case of Recruitment Agency

– License from Manpower Man-power export Bureau.

In case of Arms and Ammunition

 – Copy of Arms License.

In case of Drug and Narcotics

– Copy of Drug/Narcotics License.

In case of Travailing Agency

– Approval from civil aviation authority.

Period Limit

Estimated Processing Time for issuing the license is 3-4 working days, however, may vary depending on the nature of the and type of the business.

Reserved Administration Payment

The submission fee is BDT 10.00.

License fee varies between BDT 100.00- 40,000.00 subjects on the nature and type of business.

For Limited Company, License fee is determined based on paid-up capital.

Renewal of Business Certificate (Commercial Companies)

Business Licenses are compulsory to be renewed yearly. The papers required are License Book which is provided at the time of issuance of Trade License, challan Book, rent and receipt of ownership proof and TIN Certificate.

Strategy for Renewal

The candidate is required to store the planned charges at the assigned bank. After getting the charge receipt, the City Corporation or Municipality’s pertinent zonal office will finish the restoration procedure if the various necessities are met.

Period limit

Evaluated preparing time for reestablishing the License is 1-2 working days, be that as it may, may differ contingent upon the nature and kinds of business.

We're Here To Help!

Office

House: 39, Road: 126 (3rd Floor)
Islam Mansion,
Gulshan-1, Dhaka-1212

Hours

Sunday to Thursday
10:00am – 07:00pm
Friday-Saturday: Closed

Call Us

(+88)01700 920 980

(+88)01947 470 606

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REAL ESTATE AND CONSTRUCTION MATTERS PRACTICE IN CLP https://www.counselslaw.com/real-estate-and-construction-matters-practice-in-clp/ https://www.counselslaw.com/real-estate-and-construction-matters-practice-in-clp/#respond Fri, 26 Jul 2019 21:01:55 +0000 https://www.counselslaw.com/?p=691 The post REAL ESTATE AND CONSTRUCTION MATTERS PRACTICE IN CLP appeared first on counselslaw.com (CLP).

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REAL ESTATE AND CONSTRUCTION MATTERS PRACTICE IN CLP

Real estate had made a mark in the very first year of its development with jumping to noticeable quality as prime. In Bangladesh Real Estate sector is an encouraging area and is rising over the years. There has been a noteworthy recovery in this industry after the sharp downfall due to economic and political instability. Since the market is developing, and increases in demand for housing, growth of middle class group and rising per capita income this is the right time to invest in a property. 

Explicit terms and conditions with respect to purchasing and selling of any property and both parties must submit to them. Thus, we should not exhaust with the things you know and spotlight on things that you may not be aware of generally. Next, the developer must handover the property, registration and the main deed to the purchaser is not more than three months’ time period. Likewise, during transfer, if the property has any deviation in regards to the size or space, the cost must be balanced within three months of the handover. In this manner, next time when you purchase property remember these things.

Both Landowner and Developer/purchaser will not commence or run construction work of the building or development work of the land project without obtaining the plan approval from the appropriate authority of the Government like RAJUK, CDA, KDA, RDA etc.

Additionally Buyer and seller should not enter into any agreement for sale of an apartment or plot of land with any customer nor advertise any project with the intent to sell without getting the plan of the building or the land project approved by the competent authority of the Government.

CLP law firm at Gulshan, in Dhaka Bangladesh deals a complete kind of construction and property-related legal services for Land owners, builders, developers, investors, landlords, both official and isolated lenders and mortgage investment corporations.

Team CLP here to assist you with its immense experience in this field of real estate provides a property-related joint-ventures, sale and leaseback, mergers and acquisitions connecting real estate companies, broad range of commercial and corporate real estate services including all aspects of property acquisitions, divestment, tenancies leases agreement and the allied legal due diligence exercises.

Team CLP frequently provides tactical advice on complex and extraordinary value property acquisition, sale and financing transactions. Our extent of experience combined with extensive resources supports us to form a real estate squad with the appropriate talents and expertise in providing advice of the maximum quality.

REAL ESTATE PRACTICE IN CLP FOR DEVELOPER

Real Estate Developers have to be committed towards the enhancement and growth of the Real Estate Sector of Bangladesh. If they recognize that for sustainable long term growth of this sector, they must conduct their business with a great proficiency, equality, honesty and ethics. Out of the all the parties in the market, a real estate developer has to deal with clause VI. B of the Memorandum and Articles of Association of the Real Estate Housing Association of Bangladesh incorporated under the companies ACT, 1913 (new 1994) the most. Rules and regulations are much rigorous for the real estate developers. For example, if you want to enter the market for commercial purpose, you will have to produce the following documents to the concerned authority for registration.

Tax Identification Number (TIN)

Trade License

VAT Registration Number

Credentials of experts in your company

Memorandum of Association, Article of Association and Certificate of Incorporation

REHAB Membership Registration Copy

CLP at Gulshan in Dhaka Bangladesh helps new investors, financier, owner, developer on their land related matters including property due diligence (entailing title verification, encumbrance search, land ceiling, permissive land use, construction development) pertaining to ownership and occupancy, leasing, stamping and registration of documents, zoning and permitted usage of the properties, vital aspects regulating construction and development.

REAL ESTATE PRACTICE IN CLP

In case of outright purchase of a piece and parcel of land for development of an apartment complex or land development project, Team CLP  helps their clients due diligence to ensure that the land is dispute free, unencumbered and the seller has clear title to the land.

In the event of joint endeavor advancement with the Land Owner of a piece and bundle of land for an apartment building, CLP will assist their client that a deed of understanding is made with the Land Owner obviously indicating the rate offer of the Land Owner and the rate offer of the purchaser or developers in the finished structure. The apartment to be allotted to the Land Owner must be distinguished appearing surmised size of the apartment. A schematic graph should be attached to the deed of understanding for clearness. The said deed of understanding must stipulate the technique for settlement of debate between the Land Owner and the Developer.

Our Land and Real Estate practice covers a wide range of services such as:

Drafting, look over & negotiating various property documents.

Legal opinion by vetting all property related documents.

Transaction support for all types of real estate schemes including due diligence and title search.

Arbitration and Litigation relating to property related disputes.

Assist and Advice on issues relating to stamp duty and registration.

Advice on matters relating to land tenures including agricultural land issues

Foreign Direct Investment in real estate.

Drafting and reviewing contract

Negotiating and litigating landlord/tenant disputes by serving Legal Notice.

Team CLP at Gulshan in Dhaka Bangladesh is devoted and dedicated on working inside short due dates that customers are now and again looked with. We provide high quality legal service and advice in the area of real estate and construction since long. We strive to deliver legal service and advice on all legal aspects of real estate investment under the Laws of Bangladesh. Our team of real estate lawyers has extensive experience on various types of real estate project in Bangladesh. Our key specialized topics incorporate, acquisitions and divestments, sales, purchases and other transfers of real estate and real property; legal aspects of rental property and landlord issues; tenants’, renters’ and homeowners’ rights; title to real property; settlement of claims against property rights; developer and developer-group cost-sharing agreements, development and advancement financing, project management and construction agreements, telecommunication access arrangements, syndicated property investments and commercial and retail leasing.

Team CLP additionally draws on the experience of the Business Law Practice. We give guidance on organizing land co-speculation or joint venture project, raising capital, setting up a suitable business vehicle and verified loaning. CLP team assure their client rapidly assemble a multi-disciplinary group of experienced business real estate specialists to address a diverse range of real property needs.

We're Here To Help!

Office

House: 39, Road: 126 (3rd Floor)
Islam Mansion,
Gulshan-1, Dhaka-1212

Hours

Sunday to Thursday
10:00am – 07:00pm
Friday-Saturday: Closed

Call Us

(+88)01700 920 980

(+88)01947 470 606

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Maritime and Admiralty Laws Practice in CLP Part-2 https://www.counselslaw.com/maritime-and-admiralty-laws-practice-in-clp-part-2/ https://www.counselslaw.com/maritime-and-admiralty-laws-practice-in-clp-part-2/#respond Fri, 26 Jul 2019 20:58:40 +0000 https://www.counselslaw.com/?p=687 The post Maritime and Admiralty Laws Practice in CLP Part-2 appeared first on counselslaw.com (CLP).

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Maritime and Admiralty Laws Practice in CLP Part-2

Maritime or Admiralty law keeps running with the nautical issues and private sea contentions. Office of the chief naval officer law comprises of both national law on sea exercises, and private international law  prevailing the dealings among isolated parties and functioning or consuming ocean-going ships. While each legitimate locale ordinarily has its own enactment overseeing maritime issues, significant universal sea law advancements, including various multilateral treaties Admiralty law might be recognized from the Law of the Sea, which is a group of open global law managing navigational rights, mineral rights, purview over waterfront waters, and the sea connections between countries. The United Nations Convention on the Law of the Sea UNCLOS has been received by 167 countries] and the European Union, and debates are settled at the ITLOS court in Hamburg.

CLP at Gulshan, Dhaka Bangladesh is one of the prominent law offices in the Maritime business to assist their clients with its immense experience in this field of both wet and dry shipping related matter. Under Dry delivery work the firm embraces disputes concerning contract of claims under marine protection or insurance policies, cargo or freight claims, capture of boats or arrest of ships, Ship enrollment, procurement and move of title and possession in Ships, Shipbuilding Contracts, Sale and Purchase of Second-hand Tonnage contract, Arbitration in connection to various transportation related Contracts, Bill of Lading, open Letter of Credit LC related records check activities for a decade. The firm spoken to bearer, shipper, bank, sailor and director, P & I Club and furthermore Ship proprietor with a high achievement rate. Constantly team CLP are assured to deliver the paramount and most on point evidence that we can to guarantee that our client has the upper hand during the dispute settlement concerning contract of claims under marine protection or insurance policies along with other shipping related disputes.

CLP in Dhaka Bangladesh also work on Admiralty cases, on which our team of attorneys and counselors effort very faithfully together and bit their experience of knowledge of the law and courtroom strategies in order to receive the best service and ensure that our client get the proper verdict. Our firm also has the capability of supervising litigation in jurisdictions within different countries and coordinating with our associate law firm, to deliver the best service to our clients. The Chambers legal counselors routinely show up in the Admiralty court of the Hon’ble High Court Division for a few cases for various gatherings with or without an application for Ship capture on a pressing premise under the Admiralty Court Act 2000. Team CLP knows the direness and system of ship capture and its reaction is constantly prompt in the port authority.

Furthermore Team CLP has extensive experience in “wet” shipping work including pilotage, collisions between ships, towing and salvage, casualties and international conventions.

The firm handles a wide scope of wet shipping matters in Dhaka, Chittagong and Khulna port for both domestic and global customers including the proprietors of the ship, ship agents, P&I clubs, lenders, charterers and cargo intrigues together with their safety net providers. The firm has additionally spoken to exchange affiliations and different suppliers of sea administrations cargo forwarders. The firm has dealt with an assortment of load debates including different things, for example, mass oil, grain and containerized products. Moreover the firm is had some expertise in upholding sea liens under neighborhood and universal expressions and laws.

Bangladesh Government urges overseas ship proprietors to enlist their boats under Bangladesh Flag. Government made easygoing principles and guidelines to advance shipping areas. CLP lawyer is in the process for assist and advice and will help in avoiding either litigation or violations of state laws to ensure the best possible outcome for their client and help ship owners for enrolling their boats with Principal Officer-Mercantile Marine Department (POMMD), Chittagong through Bangladesh Inland Water and transport authority BIWTA.

 

 

 

  1. Please give an overview of ship arrest practice in your country.

Bangladesh is one of the most advantageous arrest jurisdictions for the reasons, amongst others, Bangladesh is not a signatory to any arrest convention, ship can be arrested in an action in rem, vessel can be arrested in an action in personam, ship can be arrested for security, ship can be attached even after loss of navigability, ship can be arrested for maritime lien as well as maritime claim, arrest lies for as many as nineteen claims, arrest is straight forward, court has jurisdiction 7/24 hours, arrest is both quick and cheap, court does not require counter security for arrest, there is no provision or practice of awarding damage for wrongful arrest,

P & I club’s LIU/LOI is not accepted for release of the vessel and a vessel is released upon furnishing Bank Guarantee. The High Court Division of the Supreme Court of Bangladesh exercises Admiralty Jurisdiction under the Admiralty Court Act, 2000 and the Admiralty Rules, 1912. Admiralty Rules provide that in suits in rem a warrant for the arrest of property may be issued at the instance either of the   plaintiff or of the defendant at any time after the suit has been instituted, but no warrant of arrest shall   be issued until an affidavit by the party or his agent has been filed, and the  following provisions complied with:-

  1. The affidavit shall state the name and description of the party at whose instance the warrant to be issued, the nature of claim or counter-claim, the name and nature of the property to be arrested, and that the claim or counter-claim has not been satisfied.
  2. In a suit of distribution of salvage the affidavit shall state the amount of the salvage money awarded or agreed to be accepted, and the name, address and description of the party holding the same.

To file an application for arrest of ship the plaintiff/claimant must institute a suit by paying Tk. 1,00,000.00 as Court fee. In a suit for wages Court fee of Tk. 100.00 is required to be paid. The plaint along with the documents is to be filed in the section/office of the Court and the application for arrest of the ship is filed in the Court. Usually, the application comes up in the Daily Cause List of the court on the following working day. However, if the Court is satisfied with urgency of the matter it prepares a supplementary cause list and hears the matter on the same day. If prima facie case in made out in support of the claim the Court Admits the suit and directs issuance of summons. Thereafter, the application for arrest is heard and if the court is prima facie satisfied about the merit of the application it passes an order for arrest of the ship for security of the claim amount. An application for arrest of ship is heard ex-parte unless a caveat has been filed by the defendants. The order for arrest of ship is served upon the defendants by the Marshal of the Court on receipt of fee and charge paid by the claimant. Likewise, cargo on board or any property belonging to any party can also be arrested by the Admiralty Court.

The order for arrest can be vacated by the same court upon an application filed by the defendant on the ground that the ship was wrongly arrested and the defendants can also file an application for reduction of  the quantum of security, but hearing of these kinds of application takes 1 or 2 weeks. When the ship is in a hurry, this kind of application is not generally advised. A ship is released from arrest upon deposit of the amount of claim in the Court or upon furnishing a local bank guarantee. An LOU issued by P & I Club is not accepted in Bangladesh. After release of the ship upon furnishing bank guarantee an application for reduction of Bank guarantee can also be moved by the defendants and, if allowed, a revised Bank guarantee would be furnished. The release order is also served by the Marshal upon receipt of Marshal’s  fee.

 

If the ship has not gotten released by the defendants, the plaintiff can pray for sale of the ship pendente lite and the Court sells the ship through auction and keeps the proceeds with the Marshal which is paid to the plaintiff if the suit is decreed in his favour. If there is more than one claimant and the proceeds cannot satisfy the claims, the Court applies the English Law of priorities.

 

  1. Which International Convention applies to arrest of ships in your country?

 

Neither the International Convention relating to Arrest of Seagoing Ship 1952 nor the International Convention of the Arrest of Ships1999 have been ratified by Bangladesh.

 

  1. Is there any other way to arrest a ship in your jurisdiction?

 

A ship could also be arrested by the plaintiff in execution of decree passed by the High Court Division or a judgment passed by a foreign Court against the Owner of the ship. A ship can also be attached before judgment in a suit in personam. In a suit in rem a ship can be attached if the ship is beached for scrap  before institution of suit. Under the Bangladesh Merchant Shipping Ordinance (MSO) 1983 the Principal Officer, Mercantile Marine Department can detain an unseaworthy ship. Under the MSO the High Court Division can detain a foreign ship for damage caused in any part of the word to the Government of Bangladesh or any Bangladeshi citizen or company and the Principal Officer or Collector of Customs can detain a ship before such application has been made to the High Court Division. Under the Regulations for Working of Chittagong Port (Cargo and Container) 2001the Chittagong Port Authority can detain a vessel until security has been given for the amount of damage caused and the Cost involved in removing the blockade of navigational channel or the total amount is paid.

 

  1. Are these alternatives e.g. saisie conservatoire or freezing order?

 

There is no separate freezing order other than arrest of a ship in an Admiralty proceeding or in an execution proceeding to enforce a decree. However, an application for injunction to restrain a party from scrapping or removing a vessel can be passed by the Court.

 

  1. For which types of claims can you arrest a ship?

 

A ship could be arrested in an action in rem for any of the following claims:

  • any claim to the possession or ownership of a ship or to the ownership of any share therein or for recovery of documents of title and ownership of a ship, including registration certificate, log book and such certificates as may be necessary for the operation or navigation of the ship;
  • any question arising between the co-owners of a ship as to possession, employment or income of that ship;
  • any claim in respect of a mortgage of or charge on a ship or any share therein;
  • any claim for damage done by a ship;
  • any claim for damage received by a ship;

  • any claim for loss of life or personal injury sustained in consequence of any defect in a ship or in her apparel or equipment, or of the wrongful act, neglect or default of the owners, charterer or persons in possession or control of a ship or of the master or crew thereof or any other persons for whose wrongful acts, neglects or defaults the owners, charterers or persons in possession or control of ship are responsible, being an act, neglect or default in the navigation or management of the ship, in the loading, carriage or discharge of goods on, in or from the ship or in the embarkation, carriage or disembarkation of persons on, in or from the ship;
  • any claim for loss of or damage to goods carried in a ship;
  • any claim arising out of any agreement relating to the carriage of goods in a ship or to the use or hire of a ship;
  • any claim in the nature of salvage of life from a ship or cargo or any property on board a ship or the ship itself or its apparel, whether services were rendered on the high sea or within territorial waters or inland waters or in a port, including any claim arising by virtue of the application by or under section 12 of the Civil Aviation Ordinance, 1960, (Ordinance XXXII of 1960) of the law relation to salvage to aircraft and their apparel and cargo;
  • any claim in respect of towage of a ship or an aircraft;
  • any claim in respect of pilotage of a ship or an aircraft;
  • any claim in respect of goods or materials supplied to a ship for her operation or maintenance;
  • any claim in respect of construction, repair or equipment of a ship or dock charges or dues;
  • any claim for wages by a master or member of the crew of a ship or any claim for any money or property recoverable as wages of master or member of the crew under the Merchant Shipping Ordinance, 1983, or in the Court;
  • any claim for disbursements made on account of or for the purpose of a ship by the Master, shipper, charterer or agent of the ship;
  • any claim arising out of an act which is or is claimed to be a general average act;
  • any claim arising out of bottomry or respondentia;
  • any claim for forfeiture or condemnation of a ship or of goods which are being or have been carried, or have been attempted to be carried, or for the restoration of a ship or any such goods  after seizure, or for droits of admiralty together with any other jurisdiction to grant reliefs as are provided under the provisions of the Merchant Shipping Ordinance.

 

  1. Can you arrest a ship irrespectively of her flag?

 

A ship could be arrested irrespective of her flag.

 

  1. Can you arrest a ship irrespectively of the debtor?

 

As long as the claim gives rise to an action  in rem, even if the ship belongs to a Foreign State the ship  would be arrested. But the ships belonging to the Government of Bangladesh, Bangladesh Army, Bangladesh Navy, Bangladesh Air Force, Bangladesh Rifles, Bangladesh Police and Coast Guard are indemnified.

 

  1. What is the position as regards sister ships and ships in associated ownership?

 

A sister ship can be arrested. But a ship in associated ownership (sister company ship) cannot be arrested.

 

  1. What is the position as regards Bareboat and Time-Chartered vessels?

 

If the ship is on bareboat charter, it can be arrested and if it is on time charter it cannot be subjected to  arrest.

  1. Do your Courts require counter-security in order to arrest a ship?

 

Counter-security is not required to be furnished at the time when the Court orders the arrest of a ship. However, the code of Civil Procedure provides that where, at any stage of the suit, it appears to the Court that a sole plaintiff is, or (when there are more plaintiffs than one) that all the plaintiffs are residing out of Bangladesh, and that such plaintiff does not, or that no one of such plaintiffs does, possess any sufficient immovable property within Bangladesh other than the property in suit, the Court may, either of its own  motion or on the application of any defendant, order the plaintiff or plaintiffs, within a time fixed by it, to     give security for the payment of all costs incurred and likely to be incurred by any defendant.

 

  1. Is there any difference in respect to arresting a ship for a maritime claim and a maritime lien?

 

If the plaintiff’s claim is a maritime lien, the claim survives notwithstanding the change in ownership of a ship and the ship can be subjected to arrest. If the claim is a maritime claim and not a maritime lien the ship cannot be arrested if, before filing of the suit, ownership of the ship has changed.

 

  1. Does your country recognise maritime liens? Under which International Convention, if any?

 

Sections 477 and 478 of the MSO recognize maritime liens to the Seaman’s wages and the Master’s wages respectively. No other statute recognizes maritime liens. However, Court follows English law of maritime liens.

 

  1. What lapse of time is required in order to arrest a ship from the moment the file arrives to your law firm?

 

After receipt of file/documents along with Power of Attorney, 48 hours are required to obtain an order of arrest.

 

  1. Do you need to provide a POA or any other documents of the claim to the Court?

 

Power of Attorney executed by the client, notarized and attested by the Bangladesh High Commission in   the plaintiff’s country is required to be filed along with other documents to prove the claim. But the Court permits to file suit by dint of the scanned copy of the Power of Attorney subject to filing the original after authentication by the Ministry of Foreign Affairs and payment of stamp duty.

 

  1. What original documents are required, what documents can be filed electronically, what documents require notarisation and/or apostille, and when are they needed?

 

All documents in support of the claim along with correspondence between the parties are required to be   filed at the time of filling the suit and application for arrest. Original documents are required to be filed at    the time of trial.

 

  1. Will your Courts accept jurisdiction over the substantive claim once a vessel has been arrested?

 

Court usually accepts jurisdiction over the substantive claim once the vessel has been arrested. However, the Court may refrain from adjudicating the substantive claim if any agreement of jurisdiction stipulates for foreign jurisdiction. In case of pendency of maritime arbitration, court maintains the arrest order for the purpose of security and stays the substantive suit.

We're Here To Help!

Office

House: 39, Road: 126 (3rd Floor)
Islam Mansion,
Gulshan-1, Dhaka-1212

Hours

Sunday to Thursday
10:00am – 07:00pm
Friday-Saturday: Closed

Call Us

(+88)01700 920 980

(+88)01947 470 606

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MARINE INSURANCE PRACTICE IN CLP https://www.counselslaw.com/marine-insurance-practice-in-clp/ https://www.counselslaw.com/marine-insurance-practice-in-clp/#respond Fri, 26 Jul 2019 20:50:28 +0000 https://www.counselslaw.com/?p=680 The post MARINE INSURANCE PRACTICE IN CLP appeared first on counselslaw.com (CLP).

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MARINE INSURANCE PRACTICE IN CLP

With a huge number of load boats venturing to the far corners of the planet day by day, the danger of lost or harmed freight is an undeniable situation. Business misfortunes could add up to a huge number of dollars and influence deals, business tasks and likely lead to higher item costs. To secure your products while they are floating and in travel, you need Marine Insurance policy.

This is a claim to fame protection that spreads legitimate risk for carelessness, harms, and loss of income to freight and ships, and whatever else to do with marine vehicle. It gives you the assets to enable you to recuperate from the misfortunes of missing, sunk, or harmed load

Marine insurance protection policy is a centuries old guide to the lead of ocean exchange. Its motivation is to empower the ship-proprietor, the purchaser and the merchant of merchandise to work their separate business by diminishing themselves, in any event somewhat, of the oppressive monetary outcomes of their property’s being lost or affected because of different dangers of the high seas. Marine protection covers the misfortune or harm of boats, load, terminals, and any vehicle by which the property is moved, obtained, or held between the purposes of birthplace and the last goal. Load protection is the sub-part of marine protection, however Marine protection additionally incorporates onshore and offshore uncovered property, (holder terminals, ports, oil stages, pipelines), Hull, Marine Casualty, and Marine Liability. At the point when merchandise is transported via mail or courier, shipping insurance is used instead.

Team CLP’s Insurance Practice Group at Gulshan, in Dhaka Bangladesh delivers sponsors and different professionals in the marine protection industry with powerful and proficient interpretation. Our legal counselors prompt clients regarding marine insurance cases and inclusion issues, resistance and checking of complex cases, arrangement wordings, and consistence matters. We speak to clients in individual claims and class activities, insurance and reinsurance arbitrations and mediations.

CLP’S legal advisors have counseled with and drafted wordings for all types of marine inclusions. Our lawyers have contested several of the leading comprehensive cases in the field of marine insurance and policy to keep on being dynamic countrywide and globally in the improvement of new marine coverage and policy items and on industry-driving issues.

Team CLP have also overseen and taken care of various effective dealings and drafted settlements and re-planning concurrences with banks and borrowers. We are glad to have through effective dealings and drafting the contrary understandings, drove our customers prevail in their organizations and figured out how to lift some from all out breakdown to high accomplishment throughout the years.

Consistently our theme is to ensure our clients’ advantages by responding rapidly to events, amassing the fitting individuals or groups to manage the huge number of issues which can emerge, completely explore the facts.

MARITIME DISPUTES AND CLAIMS

Hull assurance policy

Protection of Hull essentially takes into account the middle and body of the vessel alongside every one of the articles and household items on the ship. This kind of marine protection is generally taken out by the proprietor of the ship to keep away from any misfortune to the vessel if there should arise an occurrence of any accidents happening.
Hull and machinery insurance covers loss of and harm to the ship. Protection and reimbursement protection (P&I protection) gives spread to the more extensive, dubious dangers looked by ship-proprietors, including a large group of outsider liabilities.

Wages Salary related Claims

The Chambers have past involvement of working for outside ship director and provider of team and had the option to effectively recoup the wages, charges and so forth. Legitimate help is significant over questions including cases of sailors with respect to compensation, compensation and  so on.

Individual Injury and Wrongful Death Defense

At the point when your organization is engaged with individual damage or unjust demise case, including those including different offended parties or cataclysmic wounds, We have effectively shielded cases brought by ship group individuals and other oceanic representatives or their own delegates under the Admiralty Act, General Maritime Law, Death on the High Seas Act, and the Longshore and Harbor Workers’ Compensation Act. We have additionally been locked in to guard cases brought by travelers against voyage lines, trip administrators, contract angling administrators, and private vessel proprietors and administrators.

Freight Claims

We fundamentally speak to bearers and their guarantors in cases for lost or harmed freight. Our aptitude incorporates arranging and prosecuting claims for harm, burglary, or misfortune including dry and fluid freight, mass and compartment boats, and supertankers during transport, stacking, emptying, and multi-purpose transportation. We likewise give counsel in setting up and actualizing load guarantee taking care of methodology, drafting and assessing bills of replenishing and other payload archives. CLP at Gulshan, Dhaka Bangladesh help their load safety net provider clients with the drafting of freight arrangement language and inclusion feelings, just as portrayal in subrogation and recuperation activities.

Co-ownership Disputes

Providing comprehensive legal services, our Admiralty and Maritime Practice team helps clients negotiate and draft advantageous contracts; defend against litigation and other claims; ensure regulatory compliance; buy and sell marine assets; and manage risk. The wide spectrum of legal issues we handle includes

Delivery and Transportation

We speak to National and universal ship-proprietors, charterers, administrators and directors, loaning establishments, grouping social orders, cargo forwarders, terminal administrators, and other law offices over the full scope of sea and transportation law including wet and dry, petulant and non-quarrelsome issues Shipbuilding and Off-shore construction.

The shipping practice being a specialized field, we, at CLP Members are well aware that there are very few law firms that cater to your shipping and related needs. So, we are dedicated to provide exactly the service that may be required by our clients and believe in investing time and our best efforts in providing solutions and consultancy services to our clients. Our team can advise ship owners, ship builders, ship repairers, naval architects, Classification Societies and suppliers both domestically and internationally with respect to their contracts.  CLP respects the chance to work with you in energetically protecting your sea litigation Consistent with our association’s proactive methodology and philosophy.

We're Here To Help!

Office

House: 39, Road: 126 (3rd Floor)
Islam Mansion,
Gulshan-1, Dhaka-1212

Hours

Sunday to Thursday
10:00am – 07:00pm
Friday-Saturday: Closed

Call Us

(+88)01700 920 980

(+88)01947 470 606

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CORPORATE AND COMMERCIAL LAWS PRACTICE IN CLP https://www.counselslaw.com/corporate-and-commercial-laws-practice-in-clp/ https://www.counselslaw.com/corporate-and-commercial-laws-practice-in-clp/#respond Fri, 26 Jul 2019 20:38:55 +0000 https://www.counselslaw.com/?p=672 The post CORPORATE AND COMMERCIAL LAWS PRACTICE IN CLP appeared first on counselslaw.com (CLP).

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CORPORATE AND COMMERCIAL LAWS PRACTICE IN CLP

Counsels Law Partners (CLP) is one of the prominent versatile corporate and commercial law firms situated at Gulshan in Dhaka Bangladesh providing the best legal solutions to the national and international clients where they are able to combine detailed industry knowledge with their core legal skills. Corporate practice is at the heart of CLP’s activities. CLP provide corporate legal advisory, legal execution, legal drafting, legal business structuring. Team CLP is committed to provide the paramount corporate legal services to their existing and potential clients. CLP provides the following corporate law services to their clients.

Registration of companies and advisory of choosing the legal form of a company

Registration of partnership companies, wholly owned subsidiary companies, joint venture companies.

Providing local representative and virtual office services

Handling Foreign Direct Investment

Import export code registration

Statutory filings under various corporate laws

Advising on corporate legal practices, policies and procedures regarding securities law company privacy and employee policy matters

Due diligence

Reconstituting Company

Shareholders duties and disputes

Minority protection

Issue of shares and transfers

Advising for Corporate Finance, Governance, Investigations, and Litigation

We're Here To Help!

Office

House: 39, Road: 126 (3rd Floor)
Islam Mansion,
Gulshan-1, Dhaka-1212

Hours

Sunday to Thursday
10:00am – 07:00pm
Friday-Saturday: Closed

Call Us

(+88)01700 920 980

(+88)01947 470 606

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Bangladesh work permit and visa-PI and E visa procedure in Bangladesh https://www.counselslaw.com/bangladesh-work-permit-and-visa-pi-and-e-visa-procedure-in-bangladesh/ https://www.counselslaw.com/bangladesh-work-permit-and-visa-pi-and-e-visa-procedure-in-bangladesh/#respond Fri, 26 Jul 2019 20:19:00 +0000 https://www.counselslaw.com/?p=663 The post Bangladesh work permit and visa-PI and E visa procedure in Bangladesh appeared first on counselslaw.com (CLP).

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Bangladesh work permit and visa-PI and E visa procedure in Bangladesh

Enclose permission letter in terms of liaison office;

Provide MoA and AoA and incorporation letter of Private Limited or Joint Venture business;

Consent letter of board of directors with mentioning remuneration and designation in letter head;

Forward passport and color photograph of the directors;

Do not forget to attach service contract or engagement letter of the employees;

All academic certificate and experience letter must attach along with all copies;

News paper advertisement for hiring man power is must for the wholly own share holding limited or Joint Venture entity;

Do not forget to provide business activities copy which shall be written in letter head and attested by country manager;

List of man power with organ gram (hierarchy) in letter head;

Attach income tax only for branch office;

News paper advertisement is not applicable for liaison office;

Trade License, VAT, Export and Import letter, encashment certificate of US Dollar 50 thousand (fifty thousand) must attach with application form;

Make sure attested entire said papers by owner or CEO of the company;

Preserve all papers for PI and E visa and for work permit;

Branch or representative or liaison office shall not provide trade license, export, import and VAT papers;

Enclose form 18 B from Bangladesh bank for open branch office only;

Make sure attested mentioning documents by top management of the entity;

Contact to BOI or our firm to cooperate you;

Except little bit changes rest of documents are almost same for vice versa;

Collect prescribe form from BOI or our office; attach them forwarding letter addressing to Chairman or director of BOI;

We're Here To Help!

Office

House: 39, Road: 126 (3rd Floor)
Islam Mansion,
Gulshan-1, Dhaka-1212

Hours

Sunday to Thursday
10:00am – 07:00pm
Friday-Saturday: Closed

Call Us

(+88)01700 920 980

(+88)01947 470 606

The post Bangladesh work permit and visa-PI and E visa procedure in Bangladesh appeared first on counselslaw.com (CLP).

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