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HC questions legality of provisions for making agencies to refund surplus fund to state exchequer

FE REPORT | Thursday, 8 September 2022



The High Court on Wednesday questioned the legality of two legal provisions which have made mandatory for the autonomous, semi-autonomous and statutory government agencies to refund the surplus funds to the government exchequer.
The court issued a rule asking the authorities concerned of the government to explain in four weeks why sections 3(2) and 5 of the Deposit of Surplus Funds of Autonomous, Semi-
Autonomous, Statutory Government Authority, and Public Non-Financial Corporations into the State Treasury Act 2020, which contain the provisions, should not be declared contradictory to the constitution.
Section 3(2) of the act says, the rules of any other law which are contradictory to this act, will be treated as infective.
According to section 5 of the act, the autonomous, semi-autonomous, state-owned, and public non-financial corporations must refund the surplus funds to the state treasury in three months after the end of every year.
The HC bench of Justice Md Mozibur Rahman Miah and Justice Md Riaz

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