Act No.9 of 1991

An Act made for the establishment of a National Women Organisation

Whereas it is expedient to establish an organisation for the general welfare of women by the name of National Women Organisation;

and whereas the 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 to him by article 93 (1) of the Constitution of the People's Republic of Bangladesh, the President is pleased to make and promulgate the following Act*:-

1. Short title.- This Act shall be called National Women Organisation Act, 1991.

2. Definitions.- Unless there is anything repugnant in the subject or context, in this Act-

a) "organisation" means the National Women Organisation established under this Act;
b) "parishad" means the Managing Parishad established under section 8;
c) "rule" means any rule made under this Act;
d) "zila committee" means a Zila Committee of the Organisation;
e) "sub-zila committee" means a Sub-zila Committee of the Organisation.
3. Establishment of the National Women Organisation.- (1) The Government shall, after the commencement of this Act, as fast as possible, establish, by notification in the official Gazette, an organisation to be called National Women Organisation for the purpose of this Act.
(2) The Organisation shall be a statutory organisation and it shall have perpetual succession and a common seal and shall have power, subject to this Ordinance and rules, to acquire, to own or to transfer property, whether movable or immovable, and cases may be filed by or against it.

4. Head office.- The head office of the Organisation shall be situated in Dhaka.

5. Management and Administration.- (1) The management and administration of the Organisation shall be entrusted to a Managing Parishad and the Parishad may use the same powers and perform the same functions as the Organisation.
(2) The Organisation shall carry out its functions in accordance with the policies formulated by the Government.

6. Chief Assistant.- The Organisation shall have a Chief Assistant and he shall be nominated by the Government.

7. Functions.- The Organisation shall have the following functions, namely:-

a) to enhance the self-confidence of women in all fields of the national life;
b) to provide for the vocational and professional education of women;
c) to render women help to acquire economical independence;
d) to support women in maintaining their legal rights;
e) to incite women to take advantage of family welfare provisions etc. ;
f) to establish contact with, and to co-operate with, official and inofficial, indigenous and foreign institutions devoted to the welfare of women;
g) to endeavour to include women in national development activities;
h) to incite women to found co-operative societies and to establish cottage industries;
i) to create opportunities for women to participate in sports and the cultural life;
j) to provide for meetings, seminars, workshops on various subjects connected with the interests of women;
k) to take every measure which may be required to carry out the abovementioned functions.
8. Managing Parishad.- (1) The Managing Parishad shall consist of the following members, namely:-
a) a Chairman nominated by the Government;
b) a Vice-Chairman elected by the membrers of the Managing Parishad in the manner prescribed by law;
c) two members elected in the manner prescribed by law from among the woman teachers of every university;
d) five members elected in the manner prescribed by law from such woman organisations as are approved in this behalf by the Government;
e) five members nominated by the Government from such women as are engaged in social services, literary and artistic activities, cultural life and other professions;
f) one representative of the Women's Ministry or Department nominated by that Ministry or Department;
g) one representative of the Ministry or Department of Finance nominate by that Ministry or Department;
h) one representative of the Local Government Department nominated by that Department;
i) one representative of the Village Development and Co-operation Department nominated by that Department;
j) one representative of the Ministry or Department of Health and Family Welfare nominated by that Ministry or Department;
k) the Chairmen of the Zila Parishads, by virtue of their office;
l) the Executive Director of the Organisation who shall also be its secretary.
(2) The Chairman and the members referred to in clause e) of sub-section (1) shall remain on their posts for a period of two years beginning from the date of their nomination:
Provided that the Government may at any time before the expiry of the said period, without showing any reason, remove them from their posts and they, too, may at any time, by a signed letter to the Government, resign their posts.

9. Executive Committee.- (1) The Organisation shall have an Executive Committee and it shall consist of the following members, namely:-

a) the Chairman of the Organisation, who shall also be its Chairman;
b) the Vice-Chairman of the Organisation;
c) four members elected in the manner prescribed by law from among the members of the Managing Parishad;
d) four distinguished women nominated by the Government;
e) one representative of the Women's Ministry or Department nominated by that Ministry or Department;
f) the Executive Manager of the Organisation, who shall also be its secretary.
(2) The members referred to in clause d) of sub-section (1) shall hold office for a period of two years beginning from the date of their nomination: Provided that the Government may at any time before the expiry of the said period, without showing any reason, remove them from their posts and they, too, may at any time, by a signed letter to the Government, resign their posts.
(3) The Executive Committee shall render assistance and give advice to the Parishad so that it can carry out its functions perfectly, it shall be responsible for the realisation of every decision of the Parishad and it shall apply all powers and fulfill all resposibilities handed over by the Parishad.

10. Zila Committee.- (1) In every Zila there shall be one Zila Committee and it shall consist of the following members, namely:-

a) the women members of the Zila Parishad;
b) the officers responsible for the women of the Zila;
c) the Chairmen of the Sub-Zilas, by virtue of their opffice;
d) one member nominated from among the women teachers working in the Zila;
e) one member nominated from among such women as are engaged in social services in the Zila;
f) two members elected in the manner prescribed by law from among the members of such organisation as are approved by the Government and devoted to the welfare of women in the Zila;
g) three members nominated from among the distinguished women of the Zila.
(2) Its Chairman shall be nominated by the Government from among the members of the Zila Committee and he shall, subject to being a member of the Committee, hold office for a period of two years beginning from the date of his nomination:
Provided that the Government may at any time before the expiry of the said period, without showing any reason, remove him and he, too, may at any time, by a signed letter to the Government, resign his office.
(3) the members referred to in clause d), clause e), clause h) of sub-section (1) shall be nominated by the Government on the recommendation of the Deputy Commissioner.
(4) The members nominated to the Zila Committee shall be permanent residents of the Zila and they shall remain on their posts for a period of two years beginning from the date of their nomination:
Provided that the Government may at any time before the expiry of the said period, without showing any reason, remove them and they, too, may at any time, by a signed letter to the Government, resign their office.

11. Sub-Zila Committee.- (1) In every Sub-Zila there shall be one Sub-Zila Committee and it shall consist of the following members, namely:-

a) the women members of the Sub-Zila Parishad;
b) six members from among the women members of the Union Parishads of the Sub-Zila;
c) one member nominated from among the women teachers of the Sub-Zila;
d) one member nominated from among the women which are engaged in social services in the Sub-Zila;
e) one member elected in the manner prescribed by law from among the members of such inofficial organisations as are approved by the Government and devoted to the welfare of the women in the Sub-Zila;
f) three members nominated from among the distinguished women of the Sub-Zila.
(2) Its Chairman shall be nominated by the Government from among the members of the Sub-Zila Committee and he shall, subject to being a member of the Committee, hold office for a period of two years beginning from the date of his nomination:
Provided that the Government may at any time before the expiry of the said period, without showing any reason, remove him and he, too, may at any time, by a signed letter to the Government, resign his office.
(3) The members referred to in clause c), clause d), clause f) of sub-section (1)shall be nominated by the Government on the recommendation of the Sub-Zila Executive Officer.
(4) The members nominated to the Sub-Zila Committee shall be permanent residents of the Sub-Zila and they shall hold office for a period of two years beginning from the date of their nomination:
Provided that the Government may at any time before the expiry of the said period, without showing any reason, remove them and they, too, may at any time, by a signed letter to the Government, resign their office.

12. Temporary vacancy in the office of a Chairman of a Parishad, Zila or Sub-Zila Committee.- If a vacancy occurs in the office of a Chairman of a Parishad, Zila or Sub-Zila Committee or if a Chairman of a Parishad, Zila or Sub-Zila Committee fails to discharge the functions of his office on account of absencs, illness or any other cause, any person appointed by the Government shall discharge the functions of a Chairman of, as the case may be, a Parishad, Zila or Sub-Zila Committee until a Chairman appointed freshly to the vacant office assumes his charges, or the Chairman will be able to discharge his functions again.

13. Functions of the Zila and Sub-Zila Committee.- (1) The Zila and Sub-Zila Committee shall discharge the functions of the Organisation as Zila and Sub-Zila branches of the Organisation, respectively and they shall, for this purpose, fulfill the responsabilities handed over by the Parishad.
(2) The Zila Committee and the Sub-Zila Committee shall be responsible to the Parishad for the fulfillment of their responsabilities.

14. Meetings.- (1) The Parishad shall, subject to the other provisions of this section, determine the proceeding of the meetings of its Executive Committee, the Zila Committee and Sub-Zila Committee.
(2) Every meeting of the Parishad or the Executive Committee shall be summoned by its secretary at the place and time determined by its Chairman.
(3) The meetings of the Parishad shall be presided over by its Chairman and, in his absence, by its Vice-Chairman and, in the absence of both, by any member nominated from among the members present at the meeting.
(4) The meetings of the Executive Committee shall be presided over by its Chairman and, in his absence, by a member nominated by him.
(5) The quorum at the meetings of the Parishad shall be constituted by the presence of one fourth of its total membership and the quorum at the meetings of the Executive Committee shall be constituted by the presence of one third of its total membership.
(6) At the meetings of the Parishad or the Executive Committee each member shall have one vote and the person presiding over the meeting shall, in the event of equality of votes, have a second or casting vote.

15. Restriction on the holding of more than one office by one and the same person in several cases.- No person shall, otherwise than by virtue of his office, be at the same time Chairman, Vice-Chairman or member of the Parishad, Executive Committee, Zila Committee or Sub-Zila Committee.

16. No proceedings illegal on account of a defect in the constitution of a Parishad etc. .- No proceeding of a Parishad, Executive Committee, Zila Committee or Sub-Zila Committee shall be illegal on the mere grounds of a defect in the constitution of, or vacany in, such Parishad, Executive Committee, Zila Committee or Sub-Zila Committee and no question may arise with regard thereto.

17. Fund of the Organisation.- (1) The Organisation shall have a fund to which shall be credited the following sums, namely:-

a) donations made by the Government;
b) donations made by local Authorities;
c) loans obtained after the prior approval of the Government;
d) receipts from the sale of properties of the Organisation;
e) receipts from any other source.
(2) The said fund shall be kept in the name of the Organisation in a scheduled bank and money shall be raised from it in the manner prescribed by law.
(3) The necessary expenditures of the Organisation shall be paid from that fund.
(4) The Organisation may invest that fund with any account approved by the Government.

18. Budget.- The Organisation shall every year, within such period as the Government may determine, send an annual budget report of the following financial year to the Government and in that report shall be shown the amount of money the Organisation may require from the Government for that financial year.

19. Audit and accounts.- (1) The Organisation shall maintain its accounts in the manner prescribed by law and and it shall prepare an annual report of its accounts.
(2) The accounts of the Organisation shall be audited annually by the Controller and Auditor-General of Bangladesh and they shall send copy of the audit report to the Government and the Organisation.
(3) For the purpose of an audit under sub-section (2), the Auditor-General or any person authorized by him in this behalf may investigate all the records, books, documents, cash or money deposited with banks, securities, stores and other properties of the Organisation and examine any officer or employee of a Parishad, Executive Committee, Zila Committee or Sub-Zila Committee.

20. Reports.- (1) The Organisation shall, before June 1th of every year, submit, together with its account-books, a report to the Government on the conduct of its affairs during the preceeding year.
(2) The Government may at any time require the Organisation to furnish a report and statement on any matter and the Organisation shall be bound to furnish it to the Government.

21. Executive Director.- (1) The Organisation shall have an Executive Director.
(2) The Executive Director shall be appointed by the Government and the conditions of his employment shall be fixed by the Government.
(3) The Executive Director shall be the chief executive officer of the Organisation and he shall-

a) be responsible for carrying out the decisions of a Parishad and a Executive Committee;
b) discharge other functions of the Organisation in accordance with the directions of a Parishad and Executive Committee.
(4) If a vacancy occurs in the office of an Executive Director or if the Executive Director is unable to discharge the functions of his office on account of absence, illness or any other reason, any person appointed by the Government shall discharge the functions of an Executive Director until an Executive Director appointed freshly to the vacant office assumes his charge, or the Executive Director will be able to discharge his functions again.

22. Appointment of officers and employees.- The Organisation may appoint such officers and employees as it considers necessary for the proper performance of its functions and the conditions of their employment shall be determined by law.

23. Delegation of powers.- The Organisation may, under well defined conditions, delegate any of its powers or responsabilitties to its Chairman, Vice-Chairman, Executive Committees, Zila Committees, Sub-Zila Committees or Executive Director.

24. Public servants.- Every member of a Parishad, Executive Committee, Zila Committee and Sub-Zila Committee and all its officers and employees shall be deemed public servants in the sense in which this expression is used in section 21 of the Penal Code (Act XLV of 1860).

25. Power to make rules.- The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act.

26. Power to make regulations.- Any Parishad may, after prior approval of the Government and by notification in the official Gazette, make such regulations as are not inconsistent with this Act and the rules made thereunder for carrying out the purposes of this Act.

27. Repeals and savings.- (1) The Resolution No. MSW & WA/Sec (M-V-)- 50/85/39, henceforward referred to as the said Resolution, shall, immediately after the establishment of the Organisation, be repealed.
(2) Immediately after the repeal of the said Resolution-

a) the Bangladesh National Woman Organisation established under the said Resolution, henceforward referred to as the abolished Organisation, shall be abolished;
b) the National Council and all Committees established under the said Resolution shall be dissolved;
c) all the possessions, rights, powers, authorities, benefits etc. of the abolished Organisation and all its properties, whether movables or immovables, cash and money deposited with banks and its other claims and rights shall be transferred to the Organisation and the Organisation shall dispose of it;
d) all suits and cases filed by or against the abolished Organisation shall be deemed to have been filed by or against the Organisation;
e) all the debts, liabilities and responsabilities of the abolished Organisation shall be debts, liabilities and responsabilities of the Organisation;
f) all the officers and employees of the abolished Organisation shall be transferred to the Organisation and they shall be deemed officers and employees appointed by the Organisation and they shall, unless changed by the Government, be employed under the same conditions under which they had been employed before being transferred.
28. Repeals and savings.- (1) The national Woman Organisation Ordinance, 1990 (Ordinance No.18 of 1990) is herewith repealed.
(2) Notwithstanding such repeal, all actions made and all measures taken under the repealed Ordinance shall be deemed made or taken under this Act.

*"Act" (ain) in the Bengali text, but cf. sec.3(2). Under Art.93 (1) of the Constitution the President can only make Ordinances.