Dhaka: 15-11-1989 Engl./ 1-8-1396 Bangla

Hussein Muhammad Ershad, President

Muhammad Abul Bashar Tuiya (?), Sub-Secretary

ACT NO.32 of 1989

An Act made to consolidate the powers of the court to give interim prohibitory orders;

Whereas it is expedient to consolidate the powers of the court to give interim prohibitory orders;

Therefore it is enacted as follows:-

1. Short title.- This Act may be called the Court (Interim Prohibitory Order) Act, 1989.

2. Consolidation of the powers of the court to give interim prohibitory orders.- (1) Notwithstanding anything said in any other law for the time being in force, in case that in any current suit under the consideration of any court or any other legal procedure a temporary or interim prohibitory order or any interim order is applied for against the Government or any local authority, or against any person discharging functions related to those of the Government or of any local authority, and if, accordingly, the interim order-

(a) may obstruct or impede the implementation of any development programme or any development works; or
(b) if it may be injurious to public welfare in any other way,
in that case the court may not give any such interim order to the person against whom such an interim order has been applied for, until the court has, after consideration, issued a notice to the said person about the said application, and the opportunity of a hearing to that person or to any other person put into charge by that person, and until the court is satisfied that the order does not cause any effects mentioned under clauses (a) and (b).

Explanation.- (1) In this section, "local authority" means village corporation, Village Parishad, Union Parishad, or any corporation, Board, authority or any official institution established by any act, rule, provision or resolution.
(2) In case that a court gives a temporary or interim prohibitory order against any person, in any suit or any other legal procedure, without giving, after consideration, a notice to that person, and without giving him or any person put into charge by him, the opportunity of a hearing, in that case the court shall give that person the opportunity of a hearing, and execute the application concerning the giving of interim orders within seven days after the issue of the said interim order, and if, for any other reason than the petition of that person, the application can not be executed within seven days, the interim order shall become invalid from that time on.