| Protection
of home and correspondence. |
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| 43
(a) to be secured in his home against entry, search
and seizure; and 43 (b) to the privacy of his correspondence
and other means of communication. |
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| 44
(1) The right to move the **High Court Division in
accordance with ***clause (1) of article 102, for the enforcement
of the rights conferred by this Part is guaranteed. |
| - Enforcement
of fundamental rights * |
| 44
(2) Without prejudice to the powers of the **High
Court Division under article 102, Parliament may by law empower
any other court, within the local limits of its jurisdiction,
to exercise all or any of those powers. |
| 00000 00000 |
| 45
Nothing in this Part shall apply to any provision of a disciplinary
law relating to members of disciplined force, being a provision
limited to the purpose of ensuring the proper discharge of
their duties or the maintenance of discipline in that force.
Modification of rights in respect of disciplinary law. |
| 00000 00000 |
| 46
Notwithstanding anything in the foregoing provisions
of this part, Parliament may by law make provision for indemnifying
any person in the service of the Republic or any other person
in respect of any act done by him in connection with the national
liberation struggle or the maintenance or restoration or order
in any area in Bangladesh or validate any sentence passed,
punishment inflicted, forfeiture ordered, or other act done
in any such area. Power to provide indemnity. |
| _________________________ |
| * Article
44 was substituted for the former article 44 by the Second
Proclamation (Seventh Amendment) Order, 1976 (Second Proclamation
Order No. IV of 1976) {m.e.l. 13-8-76) |
| 00000 00000 |
| ** The words "High Court Division" were substituted for
the words "High Court" by the Second Proclamation (Tenth Amendment)
Order, 1977 (Second Proclamation Order No. 1 of 1977) (w.e.l.
1-12-1977) |
| 00000 00000 |
| *** The
word, brackets and figure "clause (1)" were substituted for
the word, brackets and figure "clause (2)", ffc'd |
| 00000 00000 |
| 47
(1) No law providing for any of the following matters
shall be deemed to be void on the ground that it is inconsistent
with, or takes away or abridges, any of the rights guaranteed
by this Part- |
| 47
(1a) the compulsory acquisition, nationalization
or requisition of any property, or the control of management
thereof whether temporarily or permanently; |
| 47
(1b) the compulsory amalgamation of bodies carrying
on commercial or other undertakings; |
| 47
(1c) the extinction, modification, restriction or
regulation of rights of directors, managers, agents and officers
of any such bodies, or of the voting rights of persons owning
shares or stock (in whatever form) therein; |
| 47
(1d) the extinction, modification, restriction or
regulation of rights to search for or win minerals or mineral
oil; |
| 47
(1e) the carrying on by the Government or by a corporation
owned, controlled or managed by the Government, of any trade,
business, industry or service to the exclusion, complete or
partial, of other persons ; or |
| 47
(1f) the extinction, modification, restriction or
regulation of any right to property, any right in respect
of profession, occupation, trade or business- or the rights
of employers or employees in any statutory public authority
or in any commercial or industrial undertaking ; |
| 00000 00000 |
| If Parliament
in such law (including, in the case of existing law, by amendment)
expressly declares that such provision is made to give effect
to any of the fundamental principles of state policy set out
in Part II of this Constitution. Saving for certain laws |
| 00000 00000 |
| 47
(2) Notwithstanding anything contained in this Constitution
the laws specified in the First Schedule (including any amendment
of any such law) shall continue to have full force and effect,
and no provision of any such law, nor anything done or omitted
to be done under the authority of such law, shall be deemed
void or unlawful on the ground of inconsistency with, or repugnance
to, any provision of this Constitution : |
| 00000 00000 |
| Provided
that nothing in this article shall prevent amendment, modification
or repeal of any such law. * |
| 00000 00000 |
| 47
(3) Notwithstanding anything contained in this Constitution,
no law nor any provision thereof providing for detention,
prosecution or punishment of any person, who is a member of
any armed or defense or auxiliary forces or who is a prisoner
of war, for genocide, crimes against humanity or war crimes
and other crimes under international law shall be deemed void
or unlawful, or ever to have become void or unlawful, on the
ground that such law or provision of any such law is inconsistent
with, or repugnant to, any of the provisions of this Constitution.
** |
| 47A
(1) The rights guaranteed under article 31, clauses
(1) and (3) of article 35 and article 44 shall not apply to
any person to whom a law specified in clause (3) of article
47 applies. *** Inapplicability of certain articles |
| 47A
(2) Notwithstanding anything contained in this Constitution,
no person to whom a law specified in clause (3) of article
47 applies shall have the right to move the Supreme Court
for any of the remedies under this Constitution. |
| 00000 00000 |
| ______________________ |
| * The
proviso was substituted for the original proviso by the Proclamations
(Amendment) Order, 1977 (Proclamations Order No. 1 of 1977).
|
| 00000 00000 |
| ** Clause
(3) was added by the Constitution (First Amendment) Act, 1973
(Act XV of 1973), |
| 00000 00000 |
| *** Article
47A was inserted, ibid., s. 3. |
| .. |
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People's
Republic of Bangladesh, official web site :
http://www.bangladeshgov.org/pmo/constitution |
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| |
