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bdconstitution.peperonity.net

MISCELLANEOUS P1

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MISCELLANEOUS

143. Property of the Republic
(1) There shall vest in the Republic, in addition to any other land or property lawfully vested-

(a) all minerals and other things of value underlying any land of Bangladesh;
(b) all lands, minerals and other things of value underlying the ocean within the territorial waters, or the ocean over the continental shelf, of Bangladesh; and
(c) any property located in Bangladesh that has no rightful owner.

(2) Parliament may from time to time by law provide for the determination of the boundaries of the territory of Bangladesh and of the territorial waters and the continental shelf of Bangladesh.

144. Executive authority in relation to property, trade, etc.
The executive authority of the Republic shall extend to the acquisition, sale, transfer, mortgage and disposal of property, the carrying on of any trade or business and the making of any contract.

145. Contracts and deeds
(1) All contracts and deeds made in exercise of the executive authority of the Republic shall be expressed to be made by the President, and shall be executed on behlf of the President by such person and in such manner as he may direct or authorise.

(2) Where a contract or deed is made or executed in exercise of the executive authority of the Republic, neither the President nor any other person making or executing the contract or deed in exercise of the authority shall be personally liable in respect thereof, but this article shall not prejudice the right of any person to take proceedings against the Government.

99[145A. International treaties
All treaties with foreign countries shall be submitted to the President, who shall cause them to be laid before Parliament:

100[Provided that any such treaty connected with national security shall be laid in a secret session of Parliament]]

146. Suits in name of Bangladesh
The Government of Bangladesh may sue or be sued by the name of Bangladesh.

147. Remuneration, etc., of certain officers
(1) The remuneration, privileges and other terms and conditions of service of a person holding or acting in any office to which this article applies shall be determined by or under Act of parliament, but until they are so determined-

(a) they shall be those (if any) appertaining to the person holding or, as the case may be acting in the office in question immediately before the commencement of this Constitution; or
(b) if thepreceding sub-clause is not applicable, they shall be determined by order made by the President.

(2) The remuneration, privileges and other terms and conditions of service of a person holding or acting in any office to which this article applies shall not be varied to the disadvantage of any such person during his term of office.

(3) No person appointed to or acting in any office to which this article applies shall hold any arise, post or position of profit or emolument or take any part whatsoever in the management or conduct of any company, association or body having profit or gain as its object:

Provided that such person shall not for the purposes of this clause be deemed to hold any such office, post or position by reason only that he holds or is acting in the office first above-mentioned.

(4) This article applies to the offices of -

(a) President;
101 * * * * * * *
102[(b) Prime Minister and Chief Advisor;]
(c) Speaker or Deputy Speaker;
103[(d) Minister, Advisor, Minister of State or Deputy Minister;]
(e) Judge of the Supreme Court;
104* * * * * * *
(f) Comptroller and Auditor-General;
(g) Election Commissioner;
(h) Member of a public service commission.

148. Oaths of office
(1) A person elected or appointed to any office mentioned in the Third Schedule shall before entering upon the office make and subscribe an oath or affirmation (in this article referred to as "an oath") in accordance with that Schedule.

105* * * * * * *

(2) Where under this Constitution an oath is required to be administrated by a specified person 106* * *, it may be administered by such other person and at such place as may be designated by that person.

(2A) If, within three days next after publication through official Gazette of the result of a general election of members of Parliament under clause (3) of article 123, the person specified under the Constitution for the purpose or such other person designated by that person for the purpose, is unable to, or does not, administer oath to the newly elected members of Parliament, on any account, the Chief Election Commissioner shall administer such oath within three days next thereafter, as if, he is the person specified under the Constitution for the purpose.

(3) Where under this Constitution a person is required to make an oath before he enters upon an office he shall be deemed to have entered upon the office immediately after he makes the oath.

149. Saving for existing laws
Subject to the provisions of this Constitution all existing laws shall continue to have effect but may be amended or repealed by law made under this Constitution.

150. Transitional and temporaty provisions
The transitional and temporary provisions set out in the Fourth Schedule shall have effect notwithstanding any other provisions of this Constitution.
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