Short title, extent and commencement
1. (1) This Act may be called the 2 [* * *] Film Development Corporation Act, 1957. (2) It extends to the whole of Bangladesh. (3) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint.Interpretation
2. In this Act, unless there is anything repugnant in the subject or context,- (a) “Board” means the Board of Directors of the Corporation; (b) “Borrower” means any person or persons or body of persons, whether incorporated or not, to whom a loan is made by the Corporation under this Act and the successors and assignees of such person or persons; (c) “Corporation” means the Film Development Corporation established by this Act; (d) “Film industry” means an industry engaged in the production of motion pictures for commercial exhibition and includes the setting up and maintaining of studios for the production of films; (e) “Film” means celluloid film used for producing motion pictures for commercial exhibition; 3 [(f) “Scheduled Bank” means a Bank for the time being included in the list of Banks maintained under clause (1) of Article 37 of the Bangladesh Bank Order, 1972 (P.O. No. 127 of 1972)]; and 4 [* * *]Establishment and incorporation of Corporation
3. (1) A Corporation to be called “The Film Development Corporation” shall be established as soon as may be after the commencement of this Act. (2) The Corporation shall be a body corporate by the name of the Film Development Corporation, having perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire and hold property, both movable and immovable, and shall by the said name sue and be sued.Share capital and shareholders
4. (1) The authorised capital of the Corporation shall, in the first instance, be one crore of taka, divided into ten lakh fully paid up shares of Tk 10 each. These shares may be issued and allotted by the Corporation from time to time with the previous sanction of the Government. (2) The authorised capital may, with the previous approval of the Government, be increased from time to time by the Corporation. (3) The Government shall be a shareholder of the Corporation and shall subscribe to and hold not less than fifty-one per centum of the shares issued by the Corporation at any time; the remaining shares shall be reserved for public subscription.Approved securities
5. The shares and debentures of the Corporation shall be deemed to be “approved securities” for the purposes of the Trusts Act, 1882 .Management
6. (1) The general direction and administration of the Corporation and its affairs shall vest in a Board of Directors, which, with the assistance of an Executive Committee and a Managing Director, may exercise all powers and do all acts and things, which may be exercised or done by the Corporation. (2) The Board in discharging its functions shall act on commercial considerations and shall be guided on questions of policy by such directions as the Government, which shall be the sole judge whether a question is a question of policy, may direct from time to time. (3) If the Board fails to carry out any direction given as aforesaid, the Government may remove the Directors, including the Chairman with the exception of Directors elected under section 7(b) for reasons to be recorded in writing, and, notwithstanding anything in section 7, appoint persons in their place to be Directors temporarily until a fresh Board is constituted in accordance with the provisions of that section.Board of Directors
7. The Board of Directors shall consist of the following, namely:- (a) four Directors to be appointed by the Government; and (b) not more than three Directors to be elected in the prescribed manner by the shareholders of the Corporation other than the Government at any time being determined in accordance with the following table:- (c) The Managing Director to be appointed by the Government under section 9: Provided that when the Board is first constituted the Directors referred to in clause (b) shall be appointed by the Government in accordance with the table given in the said clause from amongst the shareholders and shall, for the purpose of this Act, be deemed to be elected Directors.If the total number of shares subscribed to by the shareholders other than the Government is equal to or exceeds: | The number of elected Directors shall be: |
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16-1/3of the total number of shares issued at the time. | One. |
32-2/3of the total number of shares issued at the time. | Two. |
| 49of the total number of shares issued at the time. | Three. |
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Provided that when the Board is first constituted the Directors referred to in clause (b) shall be appointed by the Government in accordance with the table given in the said clause from amongst the shareholders and shall, for the purpose of this Act, be deemed to be elected Directors.               |
