About complexities of holding FBCCI election 2010
Friday, 12 March 2010
Manzur Ahmed
The FBCCI rejected unanimously the special agenda to incorporate in the FBCCI Articles of Association in its EGM held on February 28, 2010 the SRO No 13 promulgated by Ministry of Commerce on February 12, 2010, wherein under Rules 22 (3) and (4), out of 275 Associations and 69 Chambers, sixteen registered trade organization, eight each from the specified Chambers and Associations, were granted the power to nominate directors in FBCCI Board of Directors and get elected without contesting FBCCI election in violation of sections 3 (5) of the Trade Organization Ordinance, 1961 and 3 (3) of the Trade Organization Rules, 1994 and section 91 (1) of the Companies Act, 1994.
Nonetheless, inspite of such total rejection SRO No 13 shall come into force, for being rejected to be incorporated in the FBCCI Articles of Association, 150 days after its date of promulgation as prescribed in Rule 25 of the Trade Organization Rules, 1994.
As a consequence and in view of the growing complexities of holding FBCCI election 2010 in time appointment of an Administrator in FBCCI replacing the incumbent FBCCI Board of Directors under sub-section10 (2) (b) of the Trade Organization Ordinance, 1961 and section14 (iii) of the FBCCI Articles of Association incorporated under SRO No 373- Law/2002 dated 31/12/2002, to manage and conduct the affairs of FBBCI with effect from March 25, 2010, hold election and hand over charge of the Federation to the newly elected Board of Directors similar to the appointment of Mr. Manjur Elahi as Administrator in 2007 is the immediate option.
The 24 months term of office of the incumbent Board of Directors of the Federation of Bangladesh Chambers of Commerce and Industry (FBCCI) expires on 24th March, 2010 as prescribed in SRO No 373- Law/2002 dated 31/12/2002 and Article14 (i) of FBCCI Articles of Association.
According to SRO No 373- Law/2002 dated 31/12/2002 and Article 14 (ii) of the FBCCI Articles of Association the term of office of the FBCCI board of directors can only be extended only in case when the scheduled election could not be held in time due to 'Acts of God' and in all other cases the members of the board of directors shall be deemed to have vacated office on the date of expiry of 24 months from the date of assumption of office irrespective of whether the election or AGM is held or not.
Accordingly the board of directors of the FBCCI was required to constitute by December 03, 2009 the Election Board and the Election Appeal Board to conduct FBCCI biannual election, scheduled to be held by 09/03/2010, for the term of 2010-2012.
But, instead, the incumbent FBCCI board of directors obtained an order from the Ministry of Commerce deferring the holding of legally binding FBCCI biannual election in time as prescribed in SRO 373 of 31/12/2002, Trade Organization Rules, 1994 and FBCCI Articles of Association.
The order issued by the Ministry of Commerce to defer holding of election scheduled under the FBCCI Articles of Association, being in violation of above existing laws, have no legal effect and can not be complied with under law.
The Board of Directors have no role in the election which is conducted by the Election Board and in fact barred from interfering in any matter concerning election by SRO No 373- Law/2002 dated 31/12/20 and Article 15B of the FBCCI Articles of Association.
In order to expedite and ensure smooth and regular functional continuity of FBCCI and its affiliated member bodies, which is strategically very important for the national trade and economic governance, government should very rigidly keep itself aloof from changing any Rules relating to FBCCI and its affiliated member bodies at this point of time in the wake of the mandatory election which due to be completed by March 9, 2010 as per law (SRO 373 Dated 30/12/2002).
Moreover, changing election rules and according special privilege to few to get elected without election during the due timeframe of election are surely not the prudent options for the democratically elected present government of Bangladesh. The present government must not carry out the unethical and unlawful acts of vested interests perpetrated during the previous regimes and bear the responsibility of inevitable legal complexities and dead lock in the countries apex trade body.
The government should appoint an Administrator in FBCCI to hold election at the earliest to reconstitute immediately FBCCI Board with strong leadership having recognized expertise so as to upgrade it into a world class advocacy forum capable and worthy enough to assist and cooperate with the government in achieving the economic goals of the country.
The writer is the chairman of Fair Trade Advocacy Centre. He can be reached at e-mail: mahmed019@hotmail.com
The FBCCI rejected unanimously the special agenda to incorporate in the FBCCI Articles of Association in its EGM held on February 28, 2010 the SRO No 13 promulgated by Ministry of Commerce on February 12, 2010, wherein under Rules 22 (3) and (4), out of 275 Associations and 69 Chambers, sixteen registered trade organization, eight each from the specified Chambers and Associations, were granted the power to nominate directors in FBCCI Board of Directors and get elected without contesting FBCCI election in violation of sections 3 (5) of the Trade Organization Ordinance, 1961 and 3 (3) of the Trade Organization Rules, 1994 and section 91 (1) of the Companies Act, 1994.
Nonetheless, inspite of such total rejection SRO No 13 shall come into force, for being rejected to be incorporated in the FBCCI Articles of Association, 150 days after its date of promulgation as prescribed in Rule 25 of the Trade Organization Rules, 1994.
As a consequence and in view of the growing complexities of holding FBCCI election 2010 in time appointment of an Administrator in FBCCI replacing the incumbent FBCCI Board of Directors under sub-section10 (2) (b) of the Trade Organization Ordinance, 1961 and section14 (iii) of the FBCCI Articles of Association incorporated under SRO No 373- Law/2002 dated 31/12/2002, to manage and conduct the affairs of FBBCI with effect from March 25, 2010, hold election and hand over charge of the Federation to the newly elected Board of Directors similar to the appointment of Mr. Manjur Elahi as Administrator in 2007 is the immediate option.
The 24 months term of office of the incumbent Board of Directors of the Federation of Bangladesh Chambers of Commerce and Industry (FBCCI) expires on 24th March, 2010 as prescribed in SRO No 373- Law/2002 dated 31/12/2002 and Article14 (i) of FBCCI Articles of Association.
According to SRO No 373- Law/2002 dated 31/12/2002 and Article 14 (ii) of the FBCCI Articles of Association the term of office of the FBCCI board of directors can only be extended only in case when the scheduled election could not be held in time due to 'Acts of God' and in all other cases the members of the board of directors shall be deemed to have vacated office on the date of expiry of 24 months from the date of assumption of office irrespective of whether the election or AGM is held or not.
Accordingly the board of directors of the FBCCI was required to constitute by December 03, 2009 the Election Board and the Election Appeal Board to conduct FBCCI biannual election, scheduled to be held by 09/03/2010, for the term of 2010-2012.
But, instead, the incumbent FBCCI board of directors obtained an order from the Ministry of Commerce deferring the holding of legally binding FBCCI biannual election in time as prescribed in SRO 373 of 31/12/2002, Trade Organization Rules, 1994 and FBCCI Articles of Association.
The order issued by the Ministry of Commerce to defer holding of election scheduled under the FBCCI Articles of Association, being in violation of above existing laws, have no legal effect and can not be complied with under law.
The Board of Directors have no role in the election which is conducted by the Election Board and in fact barred from interfering in any matter concerning election by SRO No 373- Law/2002 dated 31/12/20 and Article 15B of the FBCCI Articles of Association.
In order to expedite and ensure smooth and regular functional continuity of FBCCI and its affiliated member bodies, which is strategically very important for the national trade and economic governance, government should very rigidly keep itself aloof from changing any Rules relating to FBCCI and its affiliated member bodies at this point of time in the wake of the mandatory election which due to be completed by March 9, 2010 as per law (SRO 373 Dated 30/12/2002).
Moreover, changing election rules and according special privilege to few to get elected without election during the due timeframe of election are surely not the prudent options for the democratically elected present government of Bangladesh. The present government must not carry out the unethical and unlawful acts of vested interests perpetrated during the previous regimes and bear the responsibility of inevitable legal complexities and dead lock in the countries apex trade body.
The government should appoint an Administrator in FBCCI to hold election at the earliest to reconstitute immediately FBCCI Board with strong leadership having recognized expertise so as to upgrade it into a world class advocacy forum capable and worthy enough to assist and cooperate with the government in achieving the economic goals of the country.
The writer is the chairman of Fair Trade Advocacy Centre. He can be reached at e-mail: mahmed019@hotmail.com