Comments on: Sidr Information Links

By: Suffering group

Suffering group — Sun, 17 Aug 2008 01:25:32 +0000

APPEAL FOR HELP & SUPPORT TO CHANGE OPPRESSIVE LAWSDear SirFrom 1972 after independent many of the Bangladeshi Citizens started to established industries investing family resources & adopting innovative technology as self earner and to create job opportunity for million of unemployed person and to achieve economic freedom. And Government also started to help these growing PRIVATE SECTOR INDUSTRIES having fund from International Loan giving Agencies, through different Bank. From 1989.But the Industrial Entrepreneurs becomes victims of deep rooted conspiracy . The Bank Official = refrain themselves from ascertaining production capacity of imported machineries and to provide required working capital loan in time extending total non-cooperation, negligence etc.Due to Such conspiracy & negligence?s , Non Banking Activities of Bank Official & Policy Maker, most of the these Industries became inoperative & have lost their Cash Capital, Expatriate Capabilities, and helpless victims of such deep rooted conspiracy having similarity to :HISTORY WHICH REMIND US THAT THE HANDS OF THE TECHNICIAN OF MUSLIN FABRICS ? ,THE FINEST QUALITY FABRICS WHICH WERE EVER MADE IN BENGAL ONLY ? WERE CUT DOWN BY THE THEN COLONIAL RULER OF UNDIVIDED INDIA.?In 1992 &1996 the Sick Industries Rehabilitation Cell were formed by GOVERNMENT OF BANGLADESH & have Identified and Registered these Industries as SICK INDUSTRIES declaring not as defaulter but victims of Violation of Contract, Negligence, Fraudulent Activities, Malpractices of Bank Officials including Policy Maker due to lack of Accountability .which are no more hidden matter . But unfortunately the SICK INDUSTRIES REHABILITATION CELL has are now closed. & have no power to help Industries of private sectorIndustrial Entrepreneur of Bangladesh are completely deprive of Legal Right due to enactment of BANK RUPTCY ACT of 1997 and ARTHA RIN ACT of 1989 which were amended on 2003 and 2007 treating the INDUSTRIAL ENTRPRENEURS OF PRIVATE SECTOR as like as SLAVE of Primitive Age.But these laws are not applicable in Nationalized / Sector where Billions of Dollar are spend & managed by Expert Personal also.There are no provision for application of LAW OF TORT in Bangladesh which are most common Law even in neighboring countries not to speak of USA , EUROPE or AUSTRALIA, DUE TO WHICH BANGLADESH HAS BECOME A HEAVEN FOR REPRESSION / EXPLOITATION BY BANK OFFICIAL AND POLICY MAKER.The Owner of Industries under Private Sector can not claim any Compensation or Set Off on the Suit filed by the Bank Official or Loan Giving Agencies FOR VIOLATION OF CONTRACT, NEGLEGIENCES, MALPRACTICES, including fraudulent activities As a result NUMBER OF SICK / DISTRESSED are increasing in Every Year due to lack of accountability of Bank Official due to restriction as per SECTION NO 18 ( 2) & ( 3 ) of ARTHA RIN ACT of 2003 Bank Official / Loan Giving Agencies have been allowed total indemnity in all respect . These have been done to hide out existing high profile malpractices and corruption as per opinion of Expert PersonalsIn short Industrial Entrepreneur in Bangladesh have no legal right to protect themselves from the oppression of Bank Official & Policy Maker which are no more hidden matter. Bank official have given Indemnity for Violation of Contract , Negligence Malpractices & Fraudulent Activities Industrial Entrepreneurs can file a separate suit for compensation in separate civil Court creating more complicacy for life long litigation WITH OF NO RESULT due to restriction to obstruct or resist any order / decree of ARTHA RIN ACT / COURT by any other DECREE OR ORDER OF OTHER COURT or even of by HIGHER COURT THE RIGHT OF EQUITY OF LAW HAVE COMPLETELY BEEN DENIED TO THE INDUSTRIAL ENTREPRENEUR OF PRIVAT SECTOR as per Section 12, 12 ( khan ) 18 ( 2 ) & (3 ) 19, 20, 21, 34,40, 41, 42, 44, 47 and 50 of ARTHA RIN ACT. WHICH ARE COMMONLY KNOWN AS OPPRESSIVE LAW and direct violation of ARTICLE NO : 8, 15, 26 and 27 of BANGLADESH CONSTITUTION ?( ******* Details of above sections of ARTHA RIN ACT have been given as below in short )And similarly the Door of Higher Court have also been closed for the Industries Owner imposing terms for advance deposit of 50 % of decreetal amount by the ARTHA RIN COURT which are not applicable upon any Bank or Loan Giving Agencies. These are few example of oppressive laws how the citizen in Bangladesh are repressed, depriving legal right by the policy maker miss -guiding the innocent or ignorant vast majority of Citizen of Bangladesh to protect the interest of vested groupNow there are no other alternative way but to draw the kind attention of Concerned Authority Including International Community / Organizations seeking help to save & protect the OWNER OF SICK OR DISTRESSED INDUSTRIES OF Bangladesh under Private Sector, including their properties from such conspiracy and oppressive laws as well to protect the interest of large number of workers, staffs of the Private Sector and also for CHANGE of such oppressive laws to restore Accountability of Bank Official / Loan Giving Agencies for change the Economy of the country( A ) – Our humble appeal before the Government of Bangladesh to kindly allow Industrial Entrepreneur to claim Set Off or compensation on suit filed by the Bank / loan Giving Agencies. or allow to Run Compensation Suit Simultaneously with suits file by Bank Officials under ARTHA RIN ACT -2003 with equal opportunity and equal right between Banks / Loan Giving Agencies and of Industrial Entrepreneurs keeping similarity with on going process of ECONOMIC and ADMINISTRATIVE ,REFORMS PROGRAMME OF GOVERNMENT to maintain balance of law .( B ) – And all suits of Artha Rin Court may kindly be transferred to Civil Commercial Court providing Equal Right and Opportunity to prove and fix up the actual responsibility .(C)- The Identified and SICK INDUSTRIES of 1992 & 1996 may kindly be allowed 100 % weaver of all type of loan liabilities as the loan have been already Written Off .( D ) – And the above mentioned SECTIONS OF ARTHA RIN ACTS should be abolished immediately to restore accountability & check existing Negligence , Malpractices & Fraudulent Activities of Banking Sector to reduce the increasing number of Sickness of Industries Every Year.More surprising are in this moment around 40,000 thousand suits have been filed by the banks in the Court for recovery of this poor country , but no body speaks why such large numbers of Industries in Private Sector are getting more & more sick in each year(E) ) ? And Section 28 ( Ka ) of BANKING COMPANY of 2001 which explain WRITTEN OFF does not mean Weaver are to misguide the International Community & Bangladesh National to save the interest of the Vested Group( F )- The system of mortgage of Land & Properties from the Industrial Borrowers by Bank or any Loan Giving Agencies should also be abolished to ESTABLISH ACCOUNTABILITY and to Check Malpractices, Fraudulent Activities which are now prevailing by large in Banks or other Loan Giving Agencies and a major reason of Industrial Sickness .( G ) – It would be an extreme favors if your good self kindly collect the PRINTED COPIES OF THE ABOVE MENTION LAWS for confirmation of above mentioned .& to help the Suffering Groups by circulating this appeal among Honorable Member of your Organization and Partner?s Organizations & to Publish in WEBSITES or News Bulletin or News Media, Electronic Media of your territory to bring to the knowledge of Concern Authority including International COMMUNITY OR ORGANIZATIONS working for HUMAN RIGHT & FUNDAMENTAL / Democratic Right of People for immediate help and support to protect the Owner of the Sick Industries / Distressed Industries of Bangladesh and their properties from such OPPRESSIVE LAWS for which they all would be ever grateful as well for change of all types of oppressive laws restoring accountability at all organization********* N.B. the Summery of above mentioned Section of Arthatha Rin Act at a Galance: !- In section 18 ( 2 ) & ( 3 ) Defendant or Owner of Industries will not be able to claim any set ? off or to make counter claim against the Bank or Bank Official nor will be allowed to claim any Compensation by submitting any Suit against Bank ( Plaintiff ) analogously or simultaneously in Artha Rin Court due to violation of contract, fraudulence activities including negligence, malpractices of Bank officials.11. – Section 21: Settlement Conference between Borrower and Bank is a misnomer of Law of Arbitration or just to divert the attention of common people in the name arbitration or to make everybody fool . 111- – -As Per Section 19 (6) of Artha Rin Act of 2003 no suits can be declared to be dismissed or discharged for default or above mentioned fault of Bank Official. As per Section 20 regarding any order or proceedings of Artha Rin Act can not be raised to Higher Court or to any Other Superior Authority without paying 50 % of claimed or Decretal Amount if the order is totally misleading or against any law or illegal one even . 1V- As per Section 34 Defendant or the Owner of Industries in Artha Rin Adalat Case can be put to the Jail for compelling or forcing him to pay the Bank Money without considering the fault or negligence?s of Bank Official without allowing him to proof the matter of violation of contract, fraudulence activities , negligence, malpractices of Bank officials. V- As per section 41 and 42 -The Owner of Industries are not allowed to file any appeal or revision to High Court or Superior Court against any order of Artha Rin Court without paying 50 % of the claimed amount or Decretal amount in advance , But the Bank Official are not require to pay any amount in advance in the Higher Court, allowing A Great Disparity of Law and Justice. V! – Under section 47 and 50 , The learned Court under Artha Rin Act of 2003 have been bared to make any exemption of principal loan amount for Violation of Contract , Negligence?s Malpractices, including fraudulent activities or any fault of the bank official uni laterally V11- Section 12 ( Kha ) Imposed a bar for filling write petition to Higher Court which are direct violation of human right and constitutional right of the citizen and reflects the negative attitude of the law maker .Suffering Groups of Industrial Entrepreneurs of Bangladesh

By: Suffering group

Suffering group — Sun, 17 Aug 2008 01:22:36 +0000