15
15. The General Body shall, in the First Annual General Meeting elect, from amongst the delegates present in the meeting, the Vice-Chairman of the Society and twelve members of the Managing Board for a term of three years: Provided that such elected persons shall hold office as long as they continue to be members of the Society : 33 [* * *] 16. (1) Until such time as the General Body is constituted the Ad hoc Committee of the Bangladesh Red Cross Society constituted by the Government by order dated the 4th January, 1972, issued by the Ministry of Health, Labour and Social Welfare, shall be deemed to be the Ad hoc General Body of the Society and shall perform the functions and discharge the duties of the Managing Board till such time as the Managing Board is constituted. (2) It shall be the duty of the Ad hoc General Body: (a) to frame Rules under this Order and publish the same in the official Gazette before the 31st day of May, 1973; (b) to constitute the Units of the Society before the 30th day of November, 1973; and (c) to hold the Annual General Meeting of the Society before the 31st day of December, 1973. (3) If the Ad hoc General Body fails to make the Rules or to constitute the Units or to hold the Annual General Meeting of the Society within the times specified in clause (2), the President shall dissolve the Ad hoc General Body and shall appoint a new Ad hoc General Body, consisting of not more than fifteen persons who are members of the Society, to discharge the duties under this Article. (4) The new Ad hoc General Body, if any, appointed under clause (3) shall, function for such period, not exceeding six months, as the President may determine. 17. (1) On the commencement of this Order : (a) all assets of the Pakistan Red Cross Society in Bangladesh and of the former East Pakistan Provincial Branch and other branches thereof shall stand transferred to and vested in the Society. Explanation.- The expression “assets” includes rights, privileges, authorities, powers and properties, both movable and immovable, including buildings, vehicles, vessels, cash balance, bank deposits, reserve funds, investments, stocks and shares and all interests arising out of such rights, privileges, authorities, powers and properties, and all books of account, registers, records and all other documents; (b) all debts and liabilities incurred, all obligations undertaken, all contracts entered into and all agreements made by or with the Pakistan Red Cross Society or the former East Pakistan Provincial Branch thereof for the sole benefit of the former East Pakistan Provincial Branch or the territories constituting Bangladesh shall stand transferred to, and be deemed to have been incurred, undertaken, entered into and made by or with the Society; (c) all suits and other legal proceedings instituted in Bangladesh before the commencement of this Order by or against the Pakistan Red Cross Society or the former East Pakistan Provincial Branch thereof shall be deemed to have been instituted by or against the Society and may be continued or proceeded with accordingly; (d) all officers and other employees of the Pakistan Red Cross Society and of the former East Pakistan Provincial Branch thereof in Bangladesh shall stand transferred to the Society on such terms and conditions as the Society may determine : Provided that an officer or an employee so transferred shall have the option not to continue in the service of the Society. (2) The following properties shall vest in the Society : (a) all monies and properties which may be allotted to the Society out of the share of the Pakistan Red Cross Society in the assets of the Indian Red Cross Society as specified in the Second Schedule; (b) all monies and properties in the share of the former East Pakistan Provincial Branch of the Pakistan Red Cross Society which may be received by the Society out of the assets of the Pakistan Red Cross Society; and (c) all gifts made to the Society for the purposes of the Society. 18. Notwithstanding anything contained in any appeal for subscriptions or gifts to or for the purposes of the Joint War Committee, Indian Branch, of the Order of St. John of Jerusalem in England and the British Red Cross Society made during the World War, the Society may in its discretion apply: (a) either the corpus or the income or any part of such corpus or income of any property vested in it under sub-clause (a) of clause (2) of Article 17 for the relief of sickness, suffering or distress caused by any War in Bangladesh or in any other country in which armed forces from Bangladesh may be employed and for purposes cognate to those subjects and in maintaining 34 [Red Crescent Depots] for Military purposes in and outside Bangladesh; (b) the income only of any such property but not the corpus or any part thereof for the relief of sickness of suffering in Bangladesh or in pursuance of any of the objects set forth in the First Schedule. 19. (1) Subject to the general principles governing 35 [Red Cross and Red Crescent] activities, the Managing Board may affiliate to the Society any other society or body having all or any of the objects and purposes referred to in Article 5 and may provide for allocation, and distribution of funds and materials, through such society or body, to or for any such objects or purposes. (2) The Society may regulate, control and supervise the activities of the affiliated societies or bodies in such manner and for such purposes as may be prescribed. (3) All societies or bodies in Bangladesh which were affiliated in Pakistan Red Cross Society or the former East Pakistan Provincial Branch thereof on the 16th day of December, 1971, shall be deemed to have been affiliated to the Society under this Order. 20. The Managing Board may receive and hold gifts of whatsoever description either for the general purposes of the Society or for any particular purpose and on receipt of such gifts may, subject to any rule made under Article 23, apply the same to such purposes, either directly or through the Units or the societies or bodies affiliated under Article 19 or any agency established, by agreement, for any such purpose. 21. The Society may appoint such officers and other employees as it considers necessary for the efficient management of its affairs and business on such terms and conditions as it may determine from time to time. 36 [21A. Notwithstanding anything contained in any other law for the time being in force or in any contract or judgment, award or decision of any court or tribunal- (a) the Society and the institutions, organisations and establishments owned, maintained or managed by it, either singly or jointly with 37 [any Red Cross Organisation or any other Red Crescent Organisation], shall be deemed to be non-profit earning and the service of any person in or under the Society or any such institution, organisation or establishment shall be deemed to be service for the cause of humanity and any remuneration paid for such service shall be deemed to be honorarium; (b) the Society or any institution, organisation or establishment specified in clause (a) or any office thereof shall not be deemed to be “factory”, “shop”, “establishment”, “commercial establishment”, “industrial establishment” or “industry” within the meaning of the Factories Act, 1965 (E. P. Act IV of 1965), the Shops and Establishments Act, 1965 (E. P. Act VII of 1965), the Employment of Labour (Standing Orders) Act, 1965 (E. P. Act VIII of 1965), or the Industrial Relations Ordinance, 1969 (Ord. XXIII of 1969); (c) any union or association of the officers or employees of the Society or of any institution, organisation or establishment specified in clause (a) registered or deemed to be registered under the Industrial Relations Ordinance, 1969 (Ord. XXIII of 1969), shall cease to be so registered for the purpose of that Ordinance.] 22. The Society may become a member of any International Organisation having all or any of the objects and purposes set forth in the First Schedule as its objects and purposes. 38 [23. (1) The Managing Board may, with the previous approval of the President, make rules, not inconsistent with this Order, to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this Order. (2) All rules made under this Article shall be published in the official Gazette and shall come into force on such publication.] 24. The Society shall not be dissolved except by law made for the purpose. 25. The Red Cross Society Act (XV of 1920) is hereby repealed.Footnotes
1. The words “Bangladesh Red Crescent Society” were substituted for the words “Bangladesh Red Cross Society” by section 3 of the Bangladesh Red Cross Society (Amendment) Act, 1988 (Act No. XXV of 1988) 2. Clauses (a), (aa) and (aaa) were substituted for former clause (a) by section 2 of the Bangladesh Red Cross Society (Amendment) Ordinance, 1985 (Ordinance No. IX of 1985) 3. The words “Bangladesh Red Crescent Society” were substituted for the words “Bangladesh Red Cross Society” by section 4 of the Bangladesh Red Cross Society (Amendment) Act, 1988 (Act No. XXV of 1988) 4. The words “Bangladesh Red Crescent Society” were substituted for the words “Bangladesh Red Cross Society” by section 4 of the Bangladesh Red Cross Society (Amendment) Act, 1988 (Act No. XXV of 1988) 5. The words “Bangladesh Red Crescent Society” were substituted for the words “Bangladesh Red Cross Society” by section 5 of the Bangladesh Red Cross Society (Amendment) Act, 1988 (Act No. XXV of 1988) 6. The words “Bangladesh Red Crescent Society” were substituted for the words “Bangladesh Red Cross Society” by section 5 of the Bangladesh Red Cross Society (Amendment) Act, 1988 (Act No. XXV of 1988) 7. The words “International Red Cross and Red Crescent Movement” were substituted for the words “ International Red Cross” by section 6 of the Bangladesh Red Cross Society (Amendment) Act, 1988 (Act No. XXV of 1988) 8. The words “International Red Cross and Red Crescent Movement” were substituted for the words “ Red Cross” by section 6 of the Bangladesh Red Cross Society (Amendment) Act, 1988 (Act No. XXV of 1988) 9. The words “Red Crescent” were substituted for the words “ Red Cross” by section 6 of the Bangladesh Red Cross Society (Amendment) Act, 1988 (Act No. XXV of 1988) 10. Articles 7 and 7A were substituted for former Article 7 by section 2 of the Bangladesh Red Cross Society (Amendment) Ordinance, 1975 (Ordinance No. XLIX of 1975) 11. Clause (1) was substituted by section 2 of the Bangladesh Red Crescent Society (Amendment) Act, 1989 (Act No. XIV of 1989) 12. The word “eight” was substituted for the word “six” by section 2 of the Bangladesh Red Cross Society (Amendment) Act, 1980 (Act No. XXXIV of 1980) 13. Clause (3) was substituted by section 2 of the Bangladesh Red Crescent Society (Amendment) Act, 1989 (Act No. XIV of 1989) 14. The words “five of the eight” were substituted for the words “three of the six” by section 2 of the Bangladesh Red Cross Society (Amendment) Act, 1980 (Act No. XXXIV of 1980) 15. The words “Chairman of the Society from amongst its members on the recommendation of the Chairman of the Executive Committee concerned” were substituted for the words “Chairman of the Society” by section 2 of the Bangladesh Red Crescent Society (Amendment) Act, 1989 (Act No. XIV of 1989) 16. Clause (5) was omitted by section 3 of the Bangladesh Red Cross Society (Amendment) Ordinance, 1985 (Ordinance No. IX of 1985) 17. Clause (7) was added by section 2 of the Bangladesh Red Crescent Society (Amendment) Act, 1989 (Act No. XIV of 1989). 18. Clause (d) was substituted by section 5 of the Bangladesh Red Cross Society (Amendment) Ordinance, 1985 (Ordinance No. IX of 1985) 19. Sub-clause (b) was substituted by section 3 of the Bangladesh Red Crescent Society (Amendment) Act, 1989 (Act No. XIV of 1989) 20. Clause (1A) was omitted by section 6 of the Bangladesh Red Cross Society (Amendment) Ordinance, 1985 (Ordinance No. IX of 1985) 21. Article 9A, 9B, 9C, 9D, and 9E was substituted for Article 9A by section 7 of the Bangladesh Red Cross Society (Amendment) Ordinance, 1985 (Ordinance No. IX of 1985) 22. Clause (1A) was inserted by section 7 of the Bangladesh Red Crescent Society (Amendment) Act, 1988 (Act No. XXV of 1988) 23. The words “Treasurer or member of the Managing Board” were substituted for the words “member of the Managing Board” by section 4 of the Bangladesh Red Crescent Society (Amendment) Act, 1989 (Ordinance No. XIV of 1989) 24. The words “or General Body” were inserted by section 5 of the Bangladesh Red Crescent Society (Amendment) Act, 1989 (Act No. XIV of 1989) 25. The words “or General Body” were inserted by section 5 of the Bangladesh Red Crescent Society (Amendment) Act, 1989 (Act No. XIV of 1989) 26. The word, figure and letter “Article 9B” were substituted for the word, figure and letter “Article 7B” by section 8 of the Bangladesh Red Cross Society (Amendment) Act, 1988 (Act No. XXV of 1988) 27. The words “and the Treasurer” were omitted by section 6 of the Bangladesh Red Crescent Society (Amendment) Act, 1989 (Act No. XIV of 1989) 28. The word “he” was substituted for the word “they” by section 6 of the Bangladesh Red Crescent Society (Amendment) Act, 1989 (Act No. XIV of 1989) 29. The words “or the Treasurer” were omitted by section 6 of the Bangladesh Red Crescent Society (Amendment) Act, 1989 (Act No. XIV of 1989) 30. The words “and the Treasurer of the Society in accordance with the provisions of this Order and rules made thereunder” were substituted for the words “of the Society in accordance with the provisions of this Order” by section 6 of the Bangladesh Red Crescent Society (Amendment) Act, 1989 (Act No. XIV of 1989) 31. Article 14A was inserted by section 8 of the Bangladesh Red Crescent Society (Amendment) Act, 1989 (Act No. XIV of 1989) 32. Clause (d) was substituted by section 7 of the Bangladesh Red Crescent Society (Amendment) Act, 1989 (Act No. XIV of 1989) 33. The proviso was omitted by section 6 of the Bangladesh Red Cross Society (Amendment) Ordinance, 1975 (Ordinance No. XLIX of 1975) 34. The words “Red Crescent Depots” were substituted for the words “Red Cross Depots” by section 9 of the Bangladesh Red Cross Society (Amendment) Act, 1988 (Act No. XXV of 1988) 35. The words “Red Cross and Red Crescent” were substituted for the words “Red Cross” by section 10 of the Bangladesh Red Cross Society (Amendment) Act, 1988 (Act No. XXV of 1988) 36. Article 21A was inserted by section 2 of the Bangladesh Red Cross Society (Amendment) Act, 1974 (Act No. V of 1974) 37. The words “any Red Cross Organisation or any other Red Crescent Organisation” were substituted for the words “any other Red Cross Organisation” by section 11 of the Bangladesh Red Cross Society (Amendment) Act, 1988 (Act No. XXV of 1988) 38. Article 23 was substituted by section 7 of the Bangladesh Red Cross Society (Amendment) Ordinance, 1975 (Ordinance No. XLIX of 1975)Click here to see the original act on the Bangladesh Legal Database.
