Ray Law Associates

Ray Law Associates Our Law Office, which is located in Dhaka, Bangladesh, is a full service law firm, providing a full range of legal services in all fields of the legal prac

Our Official Site : http://www.raylawassociates.com/
16/10/2016

Our Official Site : http://www.raylawassociates.com/

Welcome to the official webpage of Ray Law Associates( Law Office). Our Law Office, which is located in Dhaka, Bangladesh, is a full service law firm, providing a full range of legal services in all fields of the legal practice, corporate – business law, contracts, civil , criminal , family law, imm...

06/08/2016

Sharp rise in divorce rate in capital
Twenty-three divorce petitions were filed a day on average in 2013 calendar year in the capital, showing a sharp rise in the divorce rate, according to records of the two city corporations, reports UNB. The records of the two city corporations-Dhaka South City Corporation (DSCC) and Dhaka North City Corporation (DNCC) -- reveal that the number of women seeking divorce is higher than that of men as more than 65 percent of the petitioners are women. Sociologists attribute the rising rate in divorce to individualism, lack of patience and moral education, and cultural gap between partners. In their petitions, most of the women cited mental and physical tortures by their husbands as the main reasons for seeking an end to their relationship while husbands mentioned 'disobedience and unrestrained lifestyle' of their wives as the ground for seeking divorce. In 2013, the two city corporations received 8,191 divorce petitions and 7,653 in 2012, while the undivided Dhaka City Corporation received 6,776 divorce petitions in 2011. Officials at the city corporations said only five percent of applications are withdrawn following arbitrations arranged by the city corporation authorities. In the nine months of the current calendar year of 2014, the DSCC alone received some 3,500 divorce petitions. It also received 4,470 divorce applications in 2012, while 4,518 in 2013. According to statistics of one of the 10 zones of the two city corporations, a total of 3,775 divorce petitions were lodged in seven years from 2007 to 2013. Of the 3775 petitions filed with Zone-1 DSCC, the number of women seeking divorce is 24,66 (65 pc) while that of men is 1309 (35 pc). Only 193 (five pc) petitions out of 3,775 were withdrawn, following arbitrations arranged by the city corporation authorities. DSCC Zone-1 executive officer Shaheena Khatun told UNB that women petitioners seek break-up voicing against physical and psychological tortures or extramarital relations of husbands in most cases. In many cases, upper-class women want separation for physical and psychological tortures and extramarital relationship by husbands, while lower-class women seek divorce as husbands do not provide them with maintenance costs, Shaheena Khatun said. Terming the rise in divorce rate a sign of social degradation, sociologists think that the growing individualism, lack of patience and moral education, and cultural gap between partners are the prime reasons behind it. Sociologist Prof Masuda M Rashid Chowdhury said as women have become aware of their rights and financially self-reliant due to education, they are not ready to tolerate physical and psychological tortures by their husbands. "In the past, women used to endure torture by husbands in this patriarchal society, now they don't," she said. Blaming rapid breaking up of joint families for the growing divorce rate, Prof Chowdhury said, "In many cases, no one comes forward to mediate when differences and conflicts surface between the partners in the nuclear family." Dr Moshiur Rahman, a professor of Dhaka University's Sociology Department, blamed rapid changes in society for the growing incidents of divorce, saying that most people cannot adjust with the rapid changes, including breaking up of joint families, growing individualism, increasing education and self-reliance of women and easy communication system. He said a combine approach of moral teaching and knowledge-based education should be given in both family and educational institutions to prevent extramarital relationships and change the attitude towards women.

29/07/2016

wenty-three divorce petitions were filed a day on average in 2013 calendar year in the capital, showing a sharp rise in the divorce rate, according to records of the two city corporations, reports UNB. The records of the two city corporations-Dhaka South City Corporation (DSCC) and Dhaka North City Corporation (DNCC) -- reveal that the number of women seeking divorce is higher than that of men as more than 65 percent of the petitioners are women. Sociologists attribute the rising rate in divorce to individualism, lack of patience and moral education, and cultural gap between partners. In their petitions, most of the women cited mental and physical tortures by their husbands as the main reasons for seeking an end to their relationship while husbands mentioned 'disobedience and unrestrained lifestyle' of their wives as the ground for seeking divorce. In 2013, the two city corporations received 8,191 divorce petitions and 7,653 in 2012, while the undivided Dhaka City Corporation received 6,776 divorce petitions in 2011. Officials at the city corporations said only five percent of applications are withdrawn following arbitrations arranged by the city corporation authorities. In the nine months of the current calendar year of 2014, the DSCC alone received some 3,500 divorce petitions. It also received 4,470 divorce applications in 2012, while 4,518 in 2013. According to statistics of one of the 10 zones of the two city corporations, a total of 3,775 divorce petitions were lodged in seven years from 2007 to 2013. Of the 3775 petitions filed with Zone-1 DSCC, the number of women seeking divorce is 24,66 (65 pc) while that of men is 1309 (35 pc). Only 193 (five pc) petitions out of 3,775 were withdrawn, following arbitrations arranged by the city corporation authorities. DSCC Zone-1 executive officer Shaheena Khatun told UNB that women petitioners seek break-up voicing against physical and psychological tortures or extramarital relations of husbands in most cases. In many cases, upper-class women want separation for physical and psychological tortures and extramarital relationship by husbands, while lower-class women seek divorce as husbands do not provide them with maintenance costs, Shaheena Khatun said. Terming the rise in divorce rate a sign of social degradation, sociologists think that the growing individualism, lack of patience and moral education, and cultural gap between partners are the prime reasons behind it. Sociologist Prof Masuda M Rashid Chowdhury said as women have become aware of their rights and financially self-reliant due to education, they are not ready to tolerate physical and psychological tortures by their husbands. "In the past, women used to endure torture by husbands in this patriarchal society, now they don't," she said. Blaming rapid breaking up of joint families for the growing divorce rate, Prof Chowdhury said, "In many cases, no one comes forward to mediate when differences and conflicts surface between the partners in the nuclear family." Dr Moshiur Rahman, a professor of Dhaka University's Sociology Department, blamed rapid changes in society for the growing incidents of divorce, saying that most people cannot adjust with the rapid changes, including breaking up of joint families, growing individualism, increasing education and self-reliance of women and easy communication system. He said a combine approach of moral teaching and knowledge-based education should be given in both family and educational institutions to prevent extramarital relationships and change the attitude towards women.

22/07/2016

No party can pronounce divorce without specific reason
I don’t find any jurisdiction of allowing declaring divorce without any specific reason. This is no reasonable ground to allow any party to pronounce divorce without any specific reason . Muslim religious law only permits dissolution of marriage with specific reason . Though hundred years ago Muslim jurists permits divorce with specific reason . but unfortunately the right of divorce by muslim husband has been misunderstood and Islamic guideline has been totally ignored by the society and the court of law . Position of divorce law for woman in Bangladesh is right indeed. If the Muslim woman wants to dissolve marriage under dissolution of Muslim marriages Act 1939 , she must have to show reasonable ground stated in that law .

14/07/2016

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Last updated: 21st September 2015
Bangladesh at a glance

Introduction
General information
Geography
People
Economy Key indicators
Transportation
Communication
Health

Introduction

Bangladesh emerged as an independent and sovereign country in 1971 following a nine month war of liberation. It is one of the largest deltas of the world with a total area of 147,570 sq. km. With a unique communal harmony, Bangladesh has a population of about 152.51 million, making it one of the densely populated countries of the world. The majority (over 88%) of the people are Muslim. Over 98% of the people speak in Bangla. English, however, is widely spoken. The country is covered with a network of rivers and canals forming a maze of interconnecting channels. Being an active partner, Bangladesh plays vital role in the international and regional forum, particularly in the UN, Commonwealth and South Asian Association of Regional Cooperation (SAARC).


General information
Official Name:
The People's Republic of Bangladesh
Political system:
Parliamentary democracy
Capital name:
Dhaka
Time zone:
GMT + 6 hours
Major cities:
Dhaka, Chittagong, Khulna, Rajshahi, Sylhet, Barisal, Rangpur
Principal rivers:
Padma, Meghna, Jamuna, Brahmaputra, Teesta, Surma and Karnaphuli.(total 310 rivers including tributaries).
Principal industries:
Ready made garments, pharmaceuticals, cements, garment accessories, chemicals, fertilizers, newsprint, leather and leather goods, paper, sugar, jute, ship building.
Principal exports:
Readymade garments, frozen foods (shrimps), leather, leather products, jute, jute products, tea, ceramic, textile fabrics, home textile, chemical product, light engineering products including bi-cycle.


Source: Bangladesh Bureau of Statistics
Geography
Location:

Between 200 34' and 260 38' north latitude and between 880 01'
and 920 41' east longitude.
Boundary:
North: India
West: India
South: Bay of Bengal
East: India and Myanmar
Area: 56,977 sq. miles or 147,570 sq. km.
Territorial water: 12 nautical miles Territorial Sea, 200 nautical miles Economic Zone.
Main seasons:
Summer (March-May), rainy season (June-September) and winter (December-February)
Climate variations:
Season

Temperature

Rainfall

Relative humidity

maximum

minimum

Pre monsoon
32.60C

22.40C

453 mm

74%
Monsoon
31.50C

25.50C

1,733 mm

86%
Post monsoon
30.50C

21.40C

210 mm

80%
Winter
26.50C

13.90C

44 mm

73%
Annual
30.40C

21.20C

203 mm

78%
Principal seasonal crops and fruits: Paddy, jute, wheat, to***co, pulses, oil seeds, spices, vegetables, jack-fruit, banana, mango, coconut, pineapple etc.
Natural resources: Natural gas, coal, lime, white clay, granite, glass sand.


Source: Bangladesh Bureau of Statistics
National Demographics
Total population (m*)

152.51
Male (m)

76.35
Female (m)

76.16
Annual growth rate

1.37%
S*x ratio (males per 100 females)

100.3
Density (per sq km)
1015
*=million
Source: Bangladesh Bureau of Statistics
Source: Projections as per previous report, Bangladesh Bureau of Statistics
Overview
GDP total: $112.00 bn (at current prices 2011-12)
GDP per capita: $1192 (at current prices 2014-15)
GDP growth rate (%): 6.12 (at constant prices 2013-14)
Total exports: $30.18 bn (2013-14)
Total imports: $36.99 bn (2013-14)
FDI Inflows: $1181 bn (Jan-Sep 2014)
International reserves: $21590.00 bn (Nov, 2014)
Currency: BDT (1 BDT=$0.0121) (avg 2011-12)
Source: Ministry of Finance,
Export Promotion Bureau


Source:Bangladesh Economic Review-2010 (Bangla version), Ministry of Finance
Contribution of industries to GDP during 2010-11 (m US$)

contribution-of-industries-to-gdp-during-2010-11-m-us


Source:Bangladesh Economic Review-2010 (Bangla version), Ministry of Finance

Foreign trade
Export Import trend during the financial year (2005-11*)

(in m US$)

export-import1
* Import fugure up to February, 2011 & export figure up to March, 2011
Source: Ministry of Commerce, GOB; Bangladesh Economic Review 2011(Bangla Version)
Major economic indicators: monthly update (volume 06/2010),Bangladesh Bank
Bangladesh export by major products (2010-2011)
Key indicators
Electricity
Electricity data

2006-07

2007-08

2008-09
2009-2010 2010-2011
Per capita generation (Kwh)
168.08

176.87

184.26
200.32 252
Per capita consumption (Kwh)
149.97

158.20

165.32
170.27
Source: Anuual report 2009-10, Bangladesh Power Development Board
% of total electricity production during 2010


Source: Power and Energy Sector Development Roadmap, Ministry of Finance


Year

Installed capacity (MW)

11/07/2016

Bangladesh : A New Horizon For Investment

Bangladesh is now trying to establish itself as the next rising star in South Asia for foreign investment. The government has implemented a number of policy reforms designed to create a more open and competitive climate for private investment, both foreign and local.

The country has a genuinely democratic system of government and enjoys political stability seen as a sine qua non for ensuring a favorable climate for investment and sustained development.

Bangladesh has been quick to undertake major restructuring for establishing a market economy, with the major thrust coming from the private sector. The country enjoys modest but steady economic growth. Its current development strategy is based on the premise that the creation and distribution of wealth occurs through the acceleration of growth driven by competitive market forces, with the government facilitating growth and making a clean break from the practices of a controlled economy where private investment is constrained. With this end in view. The government has been gradually withdrawing its involvement in this industrial and infrastructure sectors and promoting private sector participation.

The government has moved speedily to translate its policy pronouncements into specific reforms. It has been consistently pursuing an open-door investment policy and playing a catalytic rather than a regulatory role.

Regulatory controls and constrains have been reduced to a minimum. The government has steadily liberalized its trade regime. Significant progress has been achieved in reducing non-tariff restrictions on trade, rationalizing tariff rates and improving export incentives. The introduction of VAT has helped rationalization of the import tariff and domestic tax structures. The tariff structure and the import policy are kept under constant review to identify areas where further improvements are called for.

On the legal and administrative front, the government has initiated measures to give greater autonomy and independence to the judiciary - a pre-requisite as viewed by investors, for the restoration of confidence in the judicial system.

A permanent Law Reform Commission has already been set up to ensure greater transparency and predictability in the way rules and regulations are made and implemented.

An Administrative Reform Commission to rationalize existing rules, regulations and procedures has also been set up.

The Company Law has been updated and modernized. The Securities and Exchange Commission has been established to oversee and regulate the operations of the stock market.

The financial services have been strengthened through enactment of the Banking Companies Act, 1991 and the Financial Institution Act, 1993. The Industrial Relations Act has been amended to enhance labour market efficiency.

Motivated by the simple realization that state-owned enterprises are a drain on its scarce resources and that these are generally inefficient, very costly and slow in responding to changing markets and consumer desires, the country has embarked on a privatization programme, offering substantial opportunities for international investors.

In order to entice investors, the government has put in place an extensive programe of incentives, which include :
no ceiling on investment.
tax-holidays.
tax-exemption and duty-free importation of capital machinery and spare parts for 100% export-oriented industries.
residency permits for foreign nationals.
capital, profit and dividend repatriation facilities.
hundred percent foreign equity allowed.
exemption of income tax upto three years for expatriate employees.
term loans and working capital loans from local banks allowed.
reinvestment of repatriable dividends treated as new investment.
double-taxation avoidance, as per bilateral agreements already concluded.
tax exemption on the interest payable on foreign loans and on royalties and technical know-how fees.
open exchange controls.
multiple-entry visas for foreign investors.
investors can take advantage of the generalized system of preference, which allows duty-free access to American, European and Japanese markets.
Taka is convertible for current account transactions.

The Country also offers :
extremely competitive labour costs, perhaps the lowest in Asia.
easily trainable workforce of 56 million.
a large domestic market, with disposable income growing especially among the middle class.
strategic location as the bridge between South and East Asian high-growth regions as well as links with other markets e.g. India, Pakistan, Malaysia, Singapore etc.
low land and energy costs.
good road/bridge/rail infrastructure, which are being improved; two sea-ports being further developed.
enjoys Most Favoured Nations status.
legal protection to foreign investment against nationalization and expropriation.
equitable treatment with local investors regarding indemnification, compensation etc.

All sectors of industry (except five) are open for private investment. The five sectors reserved for public investment only are defense and defense production, nuclear energy, extraction from reserved forests, security printing and mint and air transportation (some domestic routes and international air cargo already opened for private investment.) and railways.

Some of the foreign private investment opportunities are:
direct (100%) foreign investment or joint venture investment in the Export Processing Zones (EPZs) or outside EPZs (with the exception of the five industries mentioned earlier).
portfolio investment by purchasing shares in publicly listed companies through the stock exchange.
investment in infrastructure projects such as power generation (private power generation policy announced); oil, gas and mineral exploration, telecommunication, ports, roads and highways.
outright purchase or purchase of shares of state-owned enterprises, which are under process of privatization.
investment in private EPZ (Private EPZ Act recently passed).

Foreign investment is particularly welcome in the export-oriented industries such as textiles, leather goods, electronic products and components, chemicals and petrochemicals, agro-based industries, green jute pulp, paper, rayon products, frozen foods (dominated by shrimp farming), tourism, agriculture, light industries, software and data processing.

Foreign investment is also desired in high technology products that will help import substitution or industries that will be labour as well as technology intensive.

The country's drive for foreign investment is being spearheaded by the Board of Investment, which was created to facilitate the setting up of manufacturing and other industries in the private sector, both local and foreign. It is a promotional organization dedicated towards providing investment assistance to all investors.

The Board is headed by the country's Prime Minister and it includes Ministers and Secretaries from the concerned ministries as well as representatives from the private sector.
The Board has launched an investment promotion drive at home and abroad to attract investors. The BOI has been assisting in the implementation of new projects as well as providing services.

Bangladesh is on the verge of a significant breakthrough in terms both of international investor confidence and significant inflow of new investment funds.

Bangladesh : A New Horizon For Investment

Bangladesh is now trying to establish itself as the next rising star in South Asia for foreign investment. The government has implemented a number of policy reforms designed to create a more open and competitive climate for private investment, both foreign and local.

The country has a genuinely democratic system of government and enjoys political stability seen as a sine qua non for ensuring a favorable climate for investment and sustained development.

Bangladesh has been quick to undertake major restructuring for establishing a market economy, with the major thrust coming from the private sector. The country enjoys modest but steady economic growth. Its current development strategy is based on the premise that the creation and distribution of wealth occurs through the acceleration of growth driven by competitive market forces, with the government facilitating growth and making a clean break from the practices of a controlled economy where private investment is constrained. With this end in view. The government has been gradually withdrawing its involvement in this industrial and infrastructure sectors and promoting private sector participation.

The government has moved speedily to translate its policy pronouncements into specific reforms. It has been consistently pursuing an open-door investment policy and playing a catalytic rather than a regulatory role.

Regulatory controls and constrains have been reduced to a minimum. The government has steadily liberalized its trade regime. Significant progress has been achieved in reducing non-tariff restrictions on trade, rationalizing tariff rates and improving export incentives. The introduction of VAT has helped rationalization of the import tariff and domestic tax structures. The tariff structure and the import policy are kept under constant review to identify areas where further improvements are called for.

On the legal and administrative front, the government has initiated measures to give greater autonomy and independence to the judiciary - a pre-requisite as viewed by investors, for the restoration of confidence in the judicial system.

A permanent Law Reform Commission has already been set up to ensure greater transparency and predictability in the way rules and regulations are made and implemented.

An Administrative Reform Commission to rationalize existing rules, regulations and procedures has also been set up.

The Company Law has been updated and modernized. The Securities and Exchange Commission has been established to oversee and regulate the operations of the stock market.

The financial services have been strengthened through enactment of the Banking Companies Act, 1991 and the Financial Institution Act, 1993. The Industrial Relations Act has been amended to enhance labour market efficiency.

Motivated by the simple realization that state-owned enterprises are a drain on its scarce resources and that these are generally inefficient, very costly and slow in responding to changing markets and consumer desires, the country has embarked on a privatization programme, offering substantial opportunities for international investors.

In order to entice investors, the government has put in place an extensive programe of incentives, which include :
no ceiling on investment.
tax-holidays.
tax-exemption and duty-free importation of capital machinery and spare parts for 100% export-oriented industries.
residency permits for foreign nationals.
capital, profit and dividend repatriation facilities.
hundred percent foreign equity allowed.
exemption of income tax upto three years for expatriate employees.
term loans and working capital loans from local banks allowed.
reinvestment of repatriable dividends treated as new investment.
double-taxation avoidance, as per bilateral agreements already concluded.
tax exemption on the interest payable on foreign loans and on royalties and technical know-how fees.
open exchange controls.
multiple-entry visas for foreign investors.
investors can take advantage of the generalized system of preference, which allows duty-free access to American, European and Japanese markets.
Taka is convertible for current account transactions.

The Country also offers :
extremely competitive labour costs, perhaps the lowest in Asia.
easily trainable workforce of 56 million.
a large domestic market, with disposable income growing especially among the middle class.
strategic location as the bridge between South and East Asian high-growth regions as well as links with other markets e.g. India, Pakistan, Malaysia, Singapore etc.
low land and energy costs.
good road/bridge/rail infrastructure, which are being improved; two sea-ports being further developed.
enjoys Most Favoured Nations status.
legal protection to foreign investment against nationalization and expropriation.
equitable treatment with local investors regarding indemnification, compensation etc.

All sectors of industry (except five) are open for private investment. The five sectors reserved for public investment only are defense and defense production, nuclear energy, extraction from reserved forests, security printing and mint and air transportation (some domestic routes and international air cargo already opened for private investment.) and railways.

Some of the foreign private investment opportunities are:
direct (100%) foreign investment or joint venture investment in the Export Processing Zones (EPZs) or outside EPZs (with the exception of the five industries mentioned earlier).
portfolio investment by purchasing shares in publicly listed companies through the stock exchange.
investment in infrastructure projects such as power generation (private power generation policy announced); oil, gas and mineral exploration, telecommunication, ports, roads and highways.
outright purchase or purchase of shares of state-owned enterprises, which are under process of privatization.
investment in private EPZ (Private EPZ Act recently passed).

Foreign investment is particularly welcome in the export-oriented industries such as textiles, leather goods, electronic products and components, chemicals and petrochemicals, agro-based industries, green jute pulp, paper, rayon products, frozen foods (dominated by shrimp farming), tourism, agriculture, light industries, software and data processing.

Foreign investment is also desired in high technology products that will help import substitution or industries that will be labour as well as technology intensive.

The country's drive for foreign investment is being spearheaded by the Board of Investment, which was created to facilitate the setting up of manufacturing and other industries in the private sector, both local and foreign. It is a promotional organization dedicated towards providing investment assistance to all investors.

The Board is headed by the country's Prime Minister and it includes Ministers and Secretaries from the concerned ministries as well as representatives from the private sector.
The Board has launched an investment promotion drive at home and abroad to attract investors. The BOI has been assisting in the implementation of new projects as well as providing services.

Bangladesh is on the verge of a significant breakthrough in terms both of international investor confidence and significant inflow of new investment funds.

11/07/2016

Bangladesh Labour Rules 2015 published

September 18, 2015

After much delay, Bangladesh government has introduced the Bangladesh Labour Rules 2015 on September 15, 2015 through a gazette. Government was under pressure from various sources to promulgate the Labour Rules for a long time.

Here are some key points of the Labour Rules 2015:

Employment Policy/Service Rules: If any establishment wants to have its own Employment Policy/Service Rules, it must obtain approval from the Chief Inspector of Labour. All existing Employment Policy/Service Rules must be submitted to the Chief Inspector of Labour within November 15, 2015 for approval.
Registration of Manpower supply agency: The Rules prescribed the process and forms for the registration of manpower supply agencies under the Labour Act. Some new conditions are also imposed on the manpower supply agencies.
Establishment Organogram: Every owner of an establishment must prepare an organogram for the establishment and must obtain the approval of Chief Inspector of Labour for such organogram.
Appointment Letter: Under the Labour Act, an appointment letter must be issued for hiring any labour. The Labour Rules makes it mandatory that the appointment letter must contain certain information such as salary, other financial benefits, applicable rules etc.
Various Register: The Labour Rules prescribe certain forms for various register such as service book, labour register, leave register, etc.
Misconduct and punishment: The Rules prescribe the process for investigation of misconduct.
Two festival bonuses: The Rules makes it mandatory that a labour, who continuously works for a year, must receive two festival bonuses in every year. Each bonus shall not be more than a basic salary.
Provident fund elaborated: the Rules provide detailed guidelines regarding provident fund. New additions includes provisions related to selection of nominee, management of the fund, activities of the trust for managing provident fund.
Holiday: The Rules detailed the provisions related to holidays. It also clarifies the provisions related to compensatory weekly holiday.
Health and fire safely: The Rules provide a detail guideline on health and fire safety.
Wages: the Rules details the provisions related to wages. Clarification is provided for the mechanism of calculating wages for fraction of month and deduction from wages.
Prescribe from for filling case in Labour Court: The Rules introduces some prescribe form for filling cases in the Labout Court.
Approval of factory plan and any extension: The Rules put an end to the Factories Rules and provide detail guideline how approval of factory plan and any extension thereof should be obtained.

Address

Dhaka
1219

Opening Hours

Monday 10:00 - 18:00
Tuesday 10:00 - 18:00
Wednesday 10:00 - 18:00
Thursday 10:00 - 18:00
Saturday 10:00 - 18:00
Sunday 10:00 - 18:00

Telephone

+8801715563607

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