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Law Commission is established
by the Law Commission Act, 1996. As per section 5 of the Law
Commission Act, 1996, the Commission consists of a chairman
and two Members. Under the law, the Government is empowered
to increase the number of its Members. The Chairman and Members
of the commission hold their respective offices for a term of
three years from the date of their appointment. The chairman
or a member may be reappointed by the Government for the prescribed
term after the expiry of the said term. The commission is supported by a Secretary
and three Senior Research Officers, one Assistant Secretary
and two translation officers.
Functions of the Commission.- The primary
functions of the Commission are as follows:
(a) to identify the
causes of delay of civil and criminal cases in various courts
and with a view to accelerate their disposal and ensure
justice as quickly as possible:
| (1) |
to recommend amendment
of laws concerned or enactment of new laws in appropriate
cases after examination; |
| (2) |
to recommend necessary
reforms in order to modernize the judicial system; |
| (3) |
to recommend training and
other measures for the improvement of the efficiency
of the persons involved with the judicial system such
as judicial officers, staff, law officers and lawyers; |
| (4) |
to recommend necessary
measures for improvement of the entire judicial system
and specially to prevent the abuse of the application
of the laws concerned; |
| (5) |
to recommend modernization
of different aspects of court management, such as, distribution
of works among judges, supply of copies, transmission
and preservation of records, service of notices and
other relevant matters; |
| (6) |
to recommend, an acceptable
measure regarding the feasibility of introducing a more
efficient and accountable system in place of the present
system for conducting the various government cases properly
and establishing a separate investigating agency for
the investigation of the criminal cases; |
(b) keeping in mind
the attraction of domestic and foreign investigation and
necessity of free market economy-
| (1) |
to recommend amendment
of relevant laws including company law or legislation
of new law in appropriate cases in order to create competitive
atmosphere in the field of trade and industry and to
avoid monopoly; |
| (2) |
to recommend, after examination,
measures with regard to relevant laws especially copyright,
trademarks, patents, arbitration, contract, registration
and similar other matters; |
| (3) |
to recommend necessary
measures for the establishment of separate courts for
disposal of cases arising out of commercial and bank
loan matters; |
(c) to
recommend necessary and timely amendments and reforms of the
existing electoral laws administered by the Bangladesh Election
Commission;
(d) to
recommend, after examination, necessary reforms of the existing
laws and enactment of new laws in appropriate cases, in order
to safeguard the rights of women and children and prevent
repression of women;
(e) to
recommend reforms of existing laws, enactment of new laws
in appropriate cases and taking of other acceptable measures
for the proper implementation of legal-aid programs;
(f) to
identify the various laws which conflict with each other on
the same subject and in probable cases, to recommend codification
and unification of various laws on the same subject;
(g) to
recommend repeal of existing laws which are inconsistent with
the fundamental rights and in appropriate cases making amendments
with regard thereto;
(h) to
recommend, after identification repeal of obsolete and unnecessary
laws and in case of necessity, legislation of laws on any
subject;
(i) to
recommend acceptable measure for the upgrading of legal education,
and
(j) to
recommend with regard to other legal matters referred by the
government form time to time.
For more information about the office of the
Law Commission of Bangladesh please click www.lawcommissionbangladesh.org
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