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Emergency Power Ordinance, 1987

No.700-Pub.- The following Ordinance has been made by the President of the People's Republic
of Bangladesh and is hereby published for general information:
 
 
 
 
 
 
 

                      Emergency Power Ordinance, 1987
                          Ordinance No.XXII of 1987

An Ordinance made to take special measures for the purpose of maintaining the security
and interests of the state and population and preserving public order and keeping the
economic life unimpaired and securing the delivery of supplies and services essential to
the life of the community

Whereas, in exercise of the powers conferred to him by Article 93 (1) of the Constitution, the
President has proclaimed a state of emergency;

And whereas it is expedient to take special measures for the purpose of maintaining the security
and interests of the state and population and preserving public order and keeping the economic
life unimpaired and securing the supply of goods and services essential to the life of the
community;

And whereas Parliament is not in session and the President is satisfied that circumstances exist
which render immediate action necessary;

Now, therefore, in exercise of the powers conferred on him by Article 93 (1) of the Constitution,
the President is pleased to make and promulgate the following Ordinance:-

1. Short title and term.- (1) This Ordinance may be called the Emergency Power Ordinance,
1987.
(2) It shall have effect as long as the proclamation of the state of emergency by the President on
the 27th November of 1987 is in force.

2. Pre-eminence of the Ordinance.- Notwithstanding anything to the contrary contained in any
other law or contract or document for the time being in force, the provisions of this Ordinance or
rules made thereunder and the orders issued under the rules shall have effect.

3. Power to make rules.- (1) The Government may, by notification in the official Gazette, make
such rules as it thinks expedient for the purpose of maintaining the security and interests of the
state and population or of preserving the public order or of keeping the economic life unimpaired
or of securing the supply of goods and services essential to the life of the community.
(2) In particular, and without prejudice to the generality of the powers conferred in sub-section
(1), in such rules all or any of the following matters shall be provided for or the power to provide
for such matters shall, by order, be conferred on any authority, namely:-

     (a) suppression of activities creating hate against the Government or terror in the
     public mind;
     (b) suppression of activities impairing the relations of Bangladesh with foreign states;

     (c) suppression of activities disturbing peace in any area of Bangladesh;
     (d) suppression of activities creating hate or animosity between different parts or
     classes of the society;
     (e) suppression of activities against the safety and interests of the state and
     population;
     (f) suppression of activities disturbing the economic life and public order of
     Bangladesh;
     (g) suppression of activities obstructing the supply of goods and services essential to
     the life of the community;
     (h) suppression of the printing and publishing of newspapers, books, documents or
     papers with news or matters impairing the public security, the public order or the
     supply of goods and services essential to the life of the community;
     (i) confiscation of any newspaper, book, document or paper with any news or
     matters stated in clause (h) and the search and confiscation of securities from the
     printing-house used for their print and publication;
     (j) closing of printing-houses used for the print and publication of newspapers,
     books, documents or papers with news or matters stated in clause (h),
     notwithstanding the confiscation of securities as stated in clause (i);
     (k) providing for the safety of river and sea ports, airports, dockyards, railways,
     roads, bridges, canals, telegraphs, telephones, post offices, signalling apparatuses,
     wireless centers and other communication means, facilities for the supply of water,
     gas and electricity, vessels, vehicles, airplanes and railway trains, warehouses,
     storehouses, factories, industrial and commercial institutions and houses, courtyards
     and other properties used or usable by the Government or any local authority;
     (l) providing for the arrest and detention of any person in order to prevent him from
     activities impairing the relations of Bangladesh with any foreign state, activities
     against the safety and interests of the state and population, activities obstructing the
     supply of goods and services essential to the life of the community or any activities
     injurious to the maintenance of peaceful conditions in any part of Bangladesh and
     impositions of restrictions on the access, settlement, sojourn or mouvement of any
     such person to or in any area;
     (m) control of persons entering Bangladesh, leaving Bangladesh or travelling in
     Bangladesh;
     (n) control of the working hours and free hours of river and sea ports, airports,
     dockyards and industrial and commercial institutes and institutions;
     (o) control of conveyance by rail, water or land and reservation of place on vessels,
     railway carriages or other vehicles on requirement of the Government or local
     authority;
     (p) detention of postal items or delay of their delivery and detention of informations
     emitted by radio or telephone or obstruction of their emission;
     (qu) control of industry and commerce if required for the maintenance of supply of
     goods and services essential to the life of the community;
     (r) control of the production, transport, distribution and use of electricity;
     (s) taking over by the Government of the management of any institution or property
     related to the supply of goods and services essential to the life of the community;
     (t) control of coins, bullion, bank notes, company notes, securities or of the holding,
     use, transfer of, or business in, foreign currency;
     (u) confiscation of movable and immovable property;
     (v) prevention of hoarding, profiteering, black marketeering or any other kind of
     immoral activity in repect of goods essential to the life of the community;
     (w) prohibiting the import and export of any goods or substances including coins,
     bullion, bank notes, securities and foreign currency and application of the provisions
     of the Customs Act, 1969 (VI of 1969) regarding the control thereof;
     (x) prohibiting or regulating meetings, gatherings, fairs and processions;
     (y) suspension of the activities and undertakings of political groups, trade unions,
     clubs or committees;
     (z) entering of any place suspected to be used in any activity detrimental to the
     safety and interest of the state and population and seizure and transfer of any matter
     there found which is suspected to be used in any such activity;
     (aa) prohibiting strikes and lock-outs.

(3) The rules made under sub-section (1) shall provide for all or any of the following matters,
namely:-

     (a) arrest and trial of any person transgressing the said rules or any order given
     thereunder;
     (b) arrangement of punishments for the transgression of, or attempt to transgress, or
     abetment of the transgression of, or attempt to abet the transgression of, the said
     rules or any order given thereunder, which punishments may be death sentence or
     lifelong imprisonment or both punishments;
     (c) forfeiture, seizure and confiscation of any property relating which any
     transgression, attempt of transgression or abetment of transgression has been
     committed;
     (d) conferment of powers and duties on the Government or any officer or authority
     in respect of any matter related to the said rules or any order given thereunder;
     (e) determination of the powers and duties of public employees and other persons in
     respect of ensuring the application of the said rules and the orders made thereunder
     and of preventing their transgression;
     (f) restrictions in respect of issuing any notice in accordance with the said rules or
     any order given thereunder;
     (g) realisation of fees for the approval of any licence, permit or certificate under the
     said rules.

(4) Any rule made under this section shall be given effect retrospectively.

4. Conferment of powers.- The Government may, by order, confer all or any of its powers or
responsabilities under any rule mentioned in section 3 on any officer or authority subordinate to it.

5. Protection of orders.- (1) No question shall arise before any court in respect of any power
conferred or order issued by or under this Ordinance.
(2) Where any authority is considered to have issued or signed any order in exercise of the
powers conferred by or under this Ordinance, the court shall, within the meaning of the Evidence
Act, 1872 (X of 1872), presume such order to have been issued or signed by such authority.

6. Indemnity.- (1) No suit, prosecution or other legal proceeding shall be instituted against any
person for anything done in good faith in accordance with this Ordinance or any rule made
thereunder or any order issued under any such rule.
(2) Unless there is any clear provision in this Ordinance, no suit, prosecution or other legal
proceeding shall be instituted against the Government for any damage caused by anything done in
good faith under this Ordinance or any rule made thereunder or any order issued under any such
rule.

7. Amendment of Act XIV of 1974.- (1) As long as this Ordinance is in force, the Special
Powers Act, 1974 (XIV of 1974) shall have effect as if-

     (a) for clause (f) of section 2 the following clause had been substituted, namely:-

          "(f) "prejudicial act" means any act which is intended or is likely-
          (i) to prejudice the sovereignty or defence of Bangladesh;
          (ii) to prejudice the maintenance of friendly relations of Bangladesh
          with foreign states;
          (iii) to prejudice the security or the public safety or interest of
          Bangladesh;
          (iv) to interfere with or encourage or incite interference with the
          administration of law or the maintenance of law and order;
          (v) to cause disaffection among, or to prejudice, prevent or interfere
          with the discipline of, or the performance of duties by, members of the
          armed forces or public servants;
          (vi) to induce any member of such forces or any public servant to fail in
          the performance of his duties as such;
          (vii) to bring into hatred or contempt, or to excite disaffection towards,
          the Government established by law in Bangladesh;
          (viii) to create or excite feelings of enmity or hatred between different
          comunities, classes or sections of people;
          (ix) to cause fear or alarm to the public or to any section of the public;
          (x) to impede, delay or restrict the means of transport or locomotion or
          the supply or distribution of any essential commodity;
          (xi) to prejudice the maintenance of supplies and services essential to
          the life of the community;
          (xii) to prejudice the economic or financial interest of the State;
          (xiii) to cause, or to instigate or incite, directly or indirectly, the
          cessation of work by a body of persons employed in any undertaking
          or establishment, except in furtherance of an industrial dispute as
          defined in the Industrial Relations Ordinance, 1969 (XXIII of 1969),
          with which such body of persons is directly concerned;
          (xiv) to encourage or incite any person or class of persons, or the
          public generally, to refuse or defer payment of any tax, rate, cess or
          other dues or amount payable to the Government or to any local
          authority;
          (xv) to instigate, directly or indirectly, the use of criminal force against
          public servants generally or any class of public servants or any
          individual public servant.";

     (b) for section 3 the following section had been substituted, namely:-

     "3. Power to make orders detaining, removing or restricting the movements
     of certain persons.- (1) The Government may, if satisfied with respect to any
     person that with a view to preventing him from doing any prejudicial act it is
     necessary so to do, make an order-

          (a) directing that such person be detained;
          (b) directing him, if he is not a citizen of Bangladesh, to remove himself
          from Bangladesh in such manner, by such time and by such route as
          may be specified in the order, and prohibiting his return to Bangladesh;

          (c) requiring him to reside or remain in such place or within such area
          in Bangladesh as may be specified in the order;
          (d) requiring him to notify his movements or to report himself or both
          to notify his movements and report himself in such manner, at such
          times and to such authority or person as may be specified in the order;
          (e) imposing upon him such restrictions as may be specified in the
          order in respect of his association or communication with other
          persons;
          (f) otherwise regulating his conduct in regard to any such matter as may
          be specified in the order.

     (2) Any District Magistrate or Additional District Magistrate may, if satisfied with
     respect to any person that woth a view to preventing him from doing any prejudicial
     act within the meaning of section 2 (f) (iii), (iv), (viii), (ix), (xi) or (xii) it is necessary
     so to do make an order directing that such person be detained.
     (3) When any order is made under sub-section (2), the District Magistrate or the
     Additional District Magistrate making the order shall forthwith report the fact to the
     Government together with the grounds on which the order has been made and such
     other particulars as, in his opinion, have a bearing on the matter, and no such order
     shall remain in force for more than thirty days after the making thereof unless in the
     meantime it has been approved by the Government.
     (4) An order made under sub-section (1) may require the person in respect of
     whom it is made to enter into a bond with or without sureties, for the due
     observance of the restrictions and conditions specified in the order.
     (5) If any person fails to remove himself from Bangladesh in accordance with the
     direction of an order made under sub-section (1) (b), then, without prejudice to the
     provisions of sub-section (6), he may be so removed by any police officer or by any
     person authorised by the Government in this behalf.
     (6) If any person contravenes any order made under this section he shall be
     punishable with rigorous imprisonment for a term which may extend to three years,
     or with fine, or with both.
     (7) Where, by reason of a contravention of an order made under this section, a
     bond executed under sub-section (4) has been forfeited, the Court or Tribunal
     having jurisdiction to try the person who had contravened the order may call upon
     any person bound by the bond to pay the penalty thereof or to show cause why it
     should not be paid, and if sufficient cause is not shown and the penalty is not paid,
     the Court or Tribunal may proceed to recover the same in the same manner as a
     Court proceeding on the forfeiture of a bond under the Code.

     (c) the sections 9, 10, 11 and 12 had been cancelled;
     (d) after sub-section (6) of section 17 the following section had been inserted,
     namely:-
     "(7) Where the security required under sub-section (1) (e) has not been deposited
     by the editor, printer, publisher or the keeper of the press, or where the press is
     used for the purpose of printing or publishing any document containing any
     prejudicial report or any matter which is indecent, obscene or scurrilous, even after
     securoty or any portion thereof has been forfeited under sub-section (6), the
     Government may, without prejudice to any other penalty to which the person guilty
     of printing or publishing such document is liable and after giving the person
     concerned an opportunity of being heard, direct that the press shall be closed
     down.";

     (e) for section 18 the following section had been substituted, namely:-
     18. Regulation of publication of certain matters.- (1) The Government may, for
     the purpose of ensuring the security or the public safety of Bangladesh, or for
     securing the maintenance of public order or for the maintenance of supplies and
     services essential to the life of the community by order addressed to a printer,
     publisher or editor, or to printers, publishers or editors generally,-

          (a) require that all matters, or any matter relating to a particular subject
          or class of subjects shall, before being published in any document or
          class of documents, be submitted for scrutiny to an authority specified
          in the order;
          (b) prohibit or regulate the making or publishing of any document or
          class of documents, or of any matter relating to a particular subject or
          class of subjects, or the use of any press.

     (2) If any person contravenes any order made under sub-section (1), then, without
     prejudice to any other proceedings which may be taken against such person, the
     Government may declare to be forfeited to it every copy of any document published
     or made in contravention of such order, and any press used in the making of such
     document; and, if the document so forfeited is a newspaper, the Government may
     also cancel the declaration made and subscribed in respect of such newspaper.
     (3) Where any document or press has been declared to be forfeited to the
     Governmenmt under sub-section (2), any police officer or any other officer
     authorised by the Government in this behalf may seize any copy of such document
     wherever found or such press and may, for the purpose of such seizure, enter upon
     and search any premises whereon or wherein such document or copy thereof is or is
     reasonably suspected to be, or such press is situated.
     (4) Any person affected by a declaration of forfeiture under sub-section (2) may,
     within seven days of the declaration of forfeiture, appeal against it to the
     Government and the Government shall refer the appeal to the District Judge of the
     district in which such person resides:
     Provided that where appeals against the same declaration have been made by
     persons who reside in different districts all such appeals shall be referred to the
     senior of the District Judges of such districts.

     Explanation.- A person shall be deemed to reside in the district in which he
     ordinarily resides or carries on business or personally works for gain.
     (5) The District Judge to whom a referrence has been made under sub-section (4)
     shall, after giving the appellant an opportunity of being heard, consider the appeal as
     speedily as possible and submit report together with his recommendations to the
     Government and the Government shall pass orders on such appeal in accordance
     with the recommendations of the District Judge.
     (6) If any person contravenes any of the provisions of this section, he shall be
     punishable with imprisonment for a term which may extend to three years, or with
     fine, or with both.
     (7) In this section, "press" has the same meaning as in the Printing Presses and
     Publications (Declarations and Registration) Act, 1973 (XXIII of 1973);

     (f) in section 19-

          (1) for sub-section (1) the following sub-section had been substituted,
          namely:-
          "(1) Where the Government is satisfied with respect to any association
          that there is danger that the association may act in a manner or be used
          for purposes prejudicial to the security or the public safety or interest
          of Bangladesh or the maintenance of public order or the maintenance
          of supplies and services essential to the life of the community, the
          Government may, by order notified in the Official Gazette, direct the
          association to suspend its activities for such period as may be specified
          in the order."; and
          (2) in sub-section (2), for the words "prejudicial to the maintenance of
          public order" the words and commas "prejudicial to the security or the
          safety or interest of Bangladesh, or the maintenance of public order, or
          the maintenance of supplies and services essential to the life of the
          community" shall be substituted.

     (g) after para 4C of the Schedule the following para had been inserted, namely:-
     "4D. Offences punishable under any rules made under the Emergency Powers
     Ordinance, 1987 (Ordinance No.22, 1987) or any order made under such rule.