Registered No D A-1

Gazette

Bangladesh

Additional Issue
Published by the Authority

Monday, October 8, 2018

Bangladesh Parliament

Dhaka, 23 Ashwin, 1426/08 October, 2018

The Parliament has accepted the following Act which has been approved by the President according
to 23 Ashwin, 1425 on 08 October, 2018 and the Act is being published for information to public:--

Act No 46 of the Year 2018

The Act is enacted to ensure National Digital Security and enact laws regarding Digital Crime
Identification, Prevention, Suppression, Trial and other related matters

Whereas it is expedient and necessary to formulate an Act for ensuring National Digital Security
and enact laws regarding Digital Crime Identification, Prevention, Suppression, Trial and other
related matters

It is, hereby enacted as follows: -

CHAPTER ONE

Preliminary

1) Short Title and Commencement: - (1) This Act shall be called Digital Security Act 2018
(2) It will come into force immediately

2) Definition: -
(1) Unless there is anything repugnant in the subject or context, in this Act,
a) “Appeal Tribunal” means the cyber appeal tribunal created under Section 82, information
and communication technology Act, 2006 ( Act No. 39 of year 2006);
b) “Data Storage” means text, image, information presented as audio or video format,
knowledge, incident, principle idea or guidelines, which
i) has been or is being formally produced by means of any computer or
computer network or computer system; and
ii) has been prepared with the aim of using it in any computer or computer
network or computer system
c) “ Agency” means Digital Security Agency formed under Section 5 of this Act;
d) “Computer Emergency Response Team” means the National computer emergency
response team or computer emergency response team formed under Section 9;
e) “Computer System” means the communication process between one or more computer(s)
or digital device(s) that are capable of collecting, sending and storing data singly or by
connecting with each other;
f) “Council” means national digital security council formed under Section 12;
g) “Critical Information Infrastructure” means any physical or virtual information
infrastructure declared by the government which is capable of controlling, processing,
circulating or preserving any information, data or electronic information and which if it is
damaged or compromised may adversely affect -
(i) public safety or financial security or public health,
(ii) national security or national integrity or sovereignty;
h) “Tribunal” means cyber tribunal created under Section 68 of, information and
communication technology Act, 2006 (Act No. 39 of year 2006);
i) “Digital” means the working procedure based on binary system (0 or 1) or digit based
system, and to fulfill the objective of this Act, electrical, digital, magnetic, optical,
biometric, electrochemical, electromechanical, wireless or electro-magnetic technology
will be the part of it;
j) “ Digital Device” means any electronic, digital, magnetic, optical or information processing
device or system which by using electronic, digital, magnetic, optical or information
processing device or system, will perform logical, mathematical and memory
programming, and any digital or computer device system or computer network
connected with it or all kinds of input, output, processing, accumulating digital software
device or communication facilities will be included;
k) “Digital Security” means the security of any digital device or digital system;
l) “Digital Forensic Lab” means the digital forensic lab formed under Section 10;
m) “Police Officer” means a police officer who is not below the rank of sub-inspector;
n) “Program” means any directives expressed in the form of sound, signal, writing or in any
other form; produced with the help of a machine in a readable medium, using which any
specific activity can be executed or be made tangibly productive using digital device
o) “Criminal Procedure” means Code of Criminal Procedure, 1898 (Act V of 1898);
p) “Person” means any person or institution, company, partnership business, farm or any
other organization, in case of the digital device its controller, and any entity created by
law or artificial legal entity will be included in it;
q) “Illegal Entrance” means entrance without the permission of any person or authority or
entrance in violation of the conditions of permission of entrance by the said person or
authority into any computer or digital device or digital network system, or by above
mentioned entrance create hindrance in the exchange of any data-information suspend or
prevent or stop the process of exchange of data-information, or change the data-
information or add or deduct the data-information or collect the data-information with
the use of a digital device
 r) “Director General” means the director general of the agency;
s) “Defamation” means as defined under Section 499 of Penal Code (Act XLV of 1860)
t) “Malware” means such kind of computer or digital instruction, data-information, Program
or application which-
i) Is to change, distort, damage any work done by digital device or
computer or to create adverse effect on the work done
ii) Is to connect oneself to any computer or digital device and any
Program of that mentioned computer or digital device, to
operate data-information or during any other operation, it
becomes autonomously active and by means of which the
mentioned computer or digital device causes harmful incident
or changes;
iii) Is to create the opportunity of automatic entrance to a digital
device or to steal information of the said device;
u) “Cognition of Liberation War” means those great ideals which inspired our brave public
to dedicate themselves to the national liberation struggle and our brave martyrs to lay
down their lives for the cause of liberation, the ideals of nationalism, socialism,
democracy and secularism
v) “Service Provider” means:-
i) Any person who through computer or digital process enables
any user to communicate; or
ii) Any such person, entity or institution who or which preserves or
process data in favour of the service user

(2) The words and definition of expression used in this Act for which no definition has been provided
in this Act it will ne deemed that those words and expression has been used in the meaning they are
used in the, Information and communication technology Act, 2006.

3) Application of the act: -

If there is any conflict with the provision of this Act with any provision of any other Act,then the
provisions of this Act will apply to the extent it is inconsistent with any other Act
However for any provisions relating to right to information the provisions of The Right to
Information Act 2009 (Act no. 20 of 2009) will apply

4) Extra Judicial Application of the Act:-

1) If any person commits any offense within this Act outside Bangladesh which would be a
punishable offense if committed inside Bangladesh, then the provisions of this Act would be
applicable in such a manner as if those Acts were committed in Bangladesh
2) If any person commits any offense in Bangladesh within this Act from outside Bangladesh
using any computer, computer system, or computer, then the provision of this Act will be
applicable in such a manner as if the whole process of the offense was committed inside
Bangladesh
3) If any person commits any offense outside Bangladesh within this Act from inside
Bangladesh, then the provisions of this Act will be applicable in such a manner that the
whole process of committing the offense occurred inside Bangladesh.
 CHAPTER TWO

DIGITAL SECURITY AGENCY

5) Formation of agency, office, etc.:-

(1) To fulfill the objective of this Act, government, by notification in the official Gazette shall
create an agency entitled as Digital Security agency consisting of 1 (one) Managing Director
and 2 (two) Directors
(2) The headquarter of the agency will be in Dhaka, but if needed government, can establish
branch office of the agency in any place in the country outside Dhaka.
(3) The responsibility, powers and functions of the Agency will be determined in accordance
with rules.

6) Appointment of Managing Director, Directors, tenure etc.;-

(1) The government from the expert personnel in relation to the subject of computer or cyber
security will appoint the Managing Director and the Directors and the terms of employment
will be determined by the government.
(2) The Managing Director and the Directors will be the fulltime official of the agency, and they
will follow the provisions of this Act and the Rules implemented under this Act in performing
functions, exercising power, performing responsibilities as directed by the government
(3) If the position of the managing director is vacant, or if he/she is absent, sick or for any other
reason is unable to fulfill his/her responsibility, then until a new managing director has been
appointed in the vacant post, or until the Managing director has resumed his responsibilities,
the senior most director will perform the responsibility of the Managing Director
temporarily.
7) Agency Manpower: -
(1) The necessary manpower of the agency will be hired according to the organizational
framework provided by the government.
(2) The agency can appoint necessary number of employees to properly perform its functions.
The terms of employment will be determined by rules.

CHAPTER THREE

PREVENTIVE MEASURES

8) Power to remove or block some data-information:-

(1) If any data-information published or propagated in digital media regarding a subject that
comes under the purview of Director General which threatens the Digital Security, then the
Director General can request the Bangladesh Telecommunications and Regulatory Authority
(BTRC) to remove or block the said Data-information as appropriate
(2) If it is evident to law and order enforcing security force that any data –information published
or propagated in digital media hampers the nation or any part therein in terms of nations
unity, financial activities, security, defense, religious values, public discipline or incites
racism and hatred then the law and order enforcing Security force can request BTRC to block
or remove the data-information via the Director General of the Agency.
(3) If the BTRC is requested as enshrined in subsection (1) and (2), BTRC will immediately
notify the subject matter of the request to the government and remove or block the data-
information as appropriate
(4) To fulfill the objective of the provision, other necessary subjects will be determined by rules
9) Emergency Response Team;-

(1) To fulfill the objective of this Act, there will be a national computer emergency response
team under the agency, which will operate round the clock.
(2) Any Critical Information Infrastructure as defined in Section 15, can create its own computer
emergency response team with prior permission from the agency
(3) Computer emergency response team will be formed by digital security expert personnel’s
and if necessary, will include members of law and order enforcing Security force.
(4) Computer emergency response team will operate round the clock performing their
responsibilities as determined by rules.
(5) Without going against sub-section (4) as a whole, computer emergency response team will
fulfill the responsibilities mentioned below, they are: -
a. To ensure the security of Critical information infrastructure.
b. If there is any cyber or digital attack or if the cyber or if cyber or digital security is
hampered then take immediate necessary remedial measures
c. To take necessary initiatives to prevent possible and upcoming cyber or digital attacks.
d. To fulfill the objectives of this Act, with prior permission of the government, to take
overall cooperation initiatives including information exchange with any similar type of
international team or organization; and
e. And other activities determined by rules.
(6) The agency will coordinate activities among Emergency response teams and also supervise
them
10) Digital Forensic Lab: -
(1) To fulfill the objective of this Act, there will be one or more forensic lab under the control
and supervision of the agency.
(2) No matter what is in Subsection (1), if a digital forensic lab was established under a
government authority or institution before the enactment of this Act, the agency will give
recognition to those forensic lab subject to the quality requirements under Section 11 of this
Act and it will be deemed that those labs were established under this Act
(3) Agency will establish coordination between the digital forensic labs.
(4) The establishment of digital forensic lab, it uses, operations and other issues will be
determined by rules.

11) Quality Control of Digital Forensic Lab:-

(1) The agency through quality standards determined by rules will ensure the quality of each
Digital Forensic lab,
(2) In ensuring quality as per subsection (1), among other issues, each digital forensic lab-
a. will have qualified and trained manpower to operate the activities of the lab;
b. will ensure the physical infrastructural facilities;
c. will take necessary measures to maintain the secrecy and security of the data-
information
d. to use instruments of quality in order to maintain the quality of the examination of
digital technical standard; and
e. All activities should be performed following scientific procedure and procedure
determined by rules.
 Chapter FOUR
Digital Security Council

12) National Digital Security Council:-

(1) To fulfill the objective of this Act, a National Digital Security Council will be formed
consisting of 13 (thirteen) members including a chairman; as described below-
a. Chairman
b. Minister, State Minister or Deputy Minister of Ministry of Posts, Telecommunication and
Information Technology;
c. Minister, State Minister or Deputy Minister of Ministry of Law, Justice and Parliamentary
Affairs
d. Principal Secretary of the Prime Minister’s Office;
e. Governor, Bangladesh Bank;
f. Secretary, Posts & Telecommunication Division
g. Secretary, Information and Communication Technology Division;
h. Secretary, Public security Division;
i. Foreign Secretary, Ministry of Foreign Affairs;
j. Inspector General of Police, Bangladesh Police;
k. Chairman BTRC
l. Director General, Defense Intelligence Head Office;
m. Director General, National Digital Security Council; -Member Secretary

(2) The Prime Minister of Peoples Republic of Bangladesh will be the Chairman.
(3) To fulfill the objective of Subsection (1), with the advice/approval of the chairman, the
council may co-opt as member at any time, a person with specialized knowledge or
representative of a relevant body (for example: Bangladesh Computer Samity (BCS),
Bangladesh Association of Software and Information Services (BASIS), Internet Service
Providers Association of Bangladesh (ISPAB), National Telecommunication Monitoring
Centre (NTMC) or a suitable representative from mass media on recommendation from
Ministry of Information through gazette notification for a specified time and on specific
terms.

13) The power of the Council, etc.: - (1) The Council in implementing the provisions of this Act and
the Rules enacted under this Act will provide directives and advice to the agency

(2) The Council in addition to other subject matters will specially perform the following.
Namely: -

a. If the digital security is under threat provide necessary directions to remedy the
situation;
b. To advice on how to improve the digital security infrastructure; how to increase in its
manpower and how to increase in its quality
c. To enact inter-institutional policies with the aim of ensuring digital security:
d. Taking necessary steps to ensure the implementation of the Act and of the Rules enacted
under this Act; and
e. Any other act determined by rules;
(3) Agency will provide necessary secretarial support to the council to perform its functions.
14) Council Meeting, Etc. (1) In lieu of provisions of this Section, council can decide its working
procedures of the meeting.
(2) The meetings of the council will take place on a date, time and place as decided by its Chairman.
(3) Council will meet as and when necessary.
(4) The chairman will chair all council meetings.
(5) Any work or proceedings of the council will not be illegal because of the reason of a position
being vacant or because of an error in the formation the council and no questions can be raised
on it.

CHAPTER FIVE

Critical Information Infrastructure

15) Critical Information Infrastructure:- To fulfill the objective of this Act, government through
government gazette may declare as critical information infrastructure any computer system,
network or Information Infrastructure .

16) Visiting and Inspecting the security of Critical Information Infrastructure:-

(1) Director General, to ensure the conformance of the provisions of this Act will time to time
visit and inspect the Critical information infrastructures and will submit a report to the
government.
(2) The declared Critical information infrastructures within this Act, in a process determined by
Rules will submit an investigative report regarding the internal and external infrastructure
of it to the Government and notify The Director General about the subject matter of the
report
(3) If the Director General reasonably believes that in a matter within his jurisdiction an act of
any individual is threatening or harmful to any Critical Information Infrastructure he may by
his own volition or by complaint of another start an investigation on the matter
(4) To fulfill the objective of this Act, expert personnel in the area of Digital Security shall
complete the security visit or investigation activities on matters of Digital security.

CHAPTER SIX

Crime and Punishment

17) Punishment for Illegal Entrance in Critical Information Infrastructure, etc.: -

(1) If any person intentionally or knowingly in any Critical information infrastructure-

a. Illegally enters, or
b. By means of illegal entrance, harms or destroys or renders inactive the infrastructure or
tries to do so,
Then the above activity of that person will be an offense under the Act

(2) If any person of Sub Section (1)-

 a. Commits any offense within the Clause (a) then, the person will be penalized by
imprisonment for a term not exceeding 7(seven) years or by fine not exceeding 25
(twenty five) lacs taka or with both.
b. Commits any offense within Clause (b) then, the person will be penalized by
imprisonment for a term not exceeding 14 (fourteen) years or with fine not exceeding 1
(one) crore taka or with both.
(3) If any person commits the offense mentioned in sub-section (1) for the second time or
recurrently commits the offense then, he will be punished with lifetime imprisonment or
with fine not exceeding 5 (five) crore taka or with both

18) Illegal Entrance in computer, digital device, computer system, etc. and punishment:-

(1) If any person willingly-

a. illegally enters or help to enter in any computer, computer system or computer network,
or
b. illegally enters or helps to enter with the intention of committing a crime then the
activity of that person will be a offense under the Act
(2) If any person under Sub Section (1)-
a. Commits any offense within the Clause (a) then, the person will be penalized with
imprisonment for a term not exceeding 6 months or by fine not exceeding3 (three) lacs
taka or with both.
b. Commits any offense within Clause (b) then, the person will be penalized with
imprisonment for a term not exceeding 3(three) years or with fine not exceeding 10
(ten) lacs taka or with both.

(3) If an offence within the Sub-Section (1), is committed in case of a secured computer or
computer system or computer network then, the person will be penalized by imprisonment
for a term not exceeding 3(three) years or by fine not exceeding 10 (ten) lacs taka or with
both.

(4) If any person commits the offense within this Section for the second time or recurrently
commits it then, he will be penalized with punishment that is two times of the punishment
designated for the main offense

19) Damage of Computer, Computer System, etc. and punishment:-

(1) If any person-

a. Collects any data or data-storage, information or part of it from any computer, computer
system, or computer network or collects transferable information or part of it or copy of
it stored in the said computer, computer system or computer network, or
b. Intentionally inserts or tries to insert any virus or malware or any harmful software in
any computer or computer system or computer network, or
c. Intentionally harms or tires to harm the data or data-storage of any computer, computer
system, or computer network or harms or tries to harm the Programs protected in a
computer, computer system, or computer network or
d. By any means stops or tries to stop a valid or authorized person to enter any computer,
computer system, or computer network, or
e. Intentionally creates or tries to create spam or undesired emails without the permission
of the sender or receiver, for any product or service marketing, or
 f. Interferes unjustly in any computer, computer system or Computer network or by lies
and deliberate falsity enjoys the service of an individual or transfers the charge or tries
to transfer of such service into the account of another

Then, that person’s activity will be a an offense under the Act

(2) If any person commits any offense mentioned within sub section (1), the person will be
penalized with imprisonment for a term not exceeding 7(seven) years or fine not exceeding
10 (ten) lacs taka or with both.
(3) If any person commits the offense mentioned in sub-section (1) for the second time or
recurrently commits it then, he will be punished with imprisonment for a term not exceeding
10( ten) years of imprisonment or with fine not exceeding 25 (twenty five) lacs taka or with
both.

20) Offenses relating to Computer Source Code Change and Punishment:-

(1) If any person intentionally or knowingly hides or destroys or changes the source code used
in any computer, computer system, or computer network or if he tries to hide, destroy or
change the source through another person and if that source code is preservable and
securable then that act of the said person will be considered an offense under the Act.
(2) If any person commits any offense mentioned within sub section (1), the person will be
penalized with imprisonment for a term not exceeding 3 (three) years or fine not exceeding
3 (three) lacs taka or with both

(3) If any person commits the offense mentioned in sub-section (1) for the second time or
recurrently commits it then, he will be punished with imprisonment for a term not exceeding
5(five) years or with fine not exceeding 5 (five) lacs taka or with both.

21) Punishment for Any propaganda or campaign against liberation war, Cognition of
liberation war, Father of the nation, National Anthem or National Flag: -

(1) If any person by means of digital medium runs any propaganda or campaign or assists in
running a propaganda or campaign against the liberation war of Bangladesh, Cognition of
liberation war, Father of the Nation, National Anthem or national Flag then, that act of that
person will be an offense under the Act.

(2) If any person commits any offense mentioned within sub section (1), the person will be
penalized with imprisonment for a term not exceeding 10 (ten) years or with fine not
exceeding 1 (one) crore taka or with both.

(3) If any person commits the offense mentioned in sub-section (1) for the second time or
recurrently commits it then, he will be punished with life term imprisonment or with fine
not exceeding 3 (three) crores or with both

22) Digital or Electronic Forgery:-

(1) If any person commits forgery by means of any digital or electronic medium then that
activity of that particular person will be an offense under the Act.
 (2) If any person commits any offense mentioned within sub section (1), the person will be
penalized with imprisonment for a term not exceeding 5 (five) years or with a fine not
exceeding 5 (five) lacs taka or with both

(3) If any person commits the offense mentioned in sub-section (1) for the second time or
recurrently commits it then, he will be punished with imprisonment for a term not exceeding
7 (seven) years or with fine not exceeding 10 (ten) lacs taka or with both

Explanation:-

To fulfill the objective of this Act, “Digital or Electronic Forgery” means, if any person without
authority or in excess of the given authority or by means of unauthorized practice produces
input or output of any computer or digital device or changes, erases or hides incorrect data or
program, or results in erroneous information, or information system of any computer or digital
device, data system and computer or digital network operation

23) Digital or Electronic Fraud:-

(1) If any person commits fraud by means of any digital or electronic medium then that activity
of that particular person will be an offense under the Act.

(2) If any person commits any offense mentioned within sub section (1), the person will be
penalized with imprisonment for a term not exceeding 5 (five) years or by fine not exceeding
5 (five) lacs taka or with both

(3) If any person commits the offense mentioned in sub-section (1) for the second time or
recurrently commits it then, he will be punished with imprisonment for a term not exceeding
7 (seven) years or with fine not exceeding 10 (ten) lacs taka or with both

Explanation:-
To fulfill the objective of this Act, “Digital or Electric Fraud” means, if any person
intentionally or knowingly or without permission changes any information, deletes, adds
new information or creates distortion and reduces the value of that or the utility of any
computer program, computer system, computer network, digital device, digital system,
digital network, or of a social communication medium, trying to gain benefit for
himself/herself or for others or trying to harm others or to deceive others .

24) Identity Fraud or Being in Disguise:-

(1) If any person intentionally or knowingly uses any computer, computer Program, computer
system, computer network, digital device, digital system or digital network-
a. With the intention of deceiving or cheating carries the identity of another person or
shows any person’s identity as his own, or
b. Intentionally by forgery assuming the identity of a alive or dead person as one’s own for
the following purpose-

i. To achieve some advantages for oneself or for any other person;

 ii. To acquire any property or interest in any property;
iii. To harm a person by using another person’s identity in disguise.
Then the Act of the person will be an offense under the Act

(2) If any person commits any offense mentioned within sub section (1), the person will be
penalized by imprisonment for a term not exceeding 5 (five) years or fine not exceeding 5
(five) lacs taka or both

(3) If any person commits the offense mentioned in sub-section (1) for the second time or
recurrently commits it then, he will be punished with imprisonment for a term not exceeding
7 (seven) years or with 10 (ten) lacs taka or with both

25) Publishing, sending of offensive, false or fear inducing data-information, etc.:-

(1) If any person in any website or through any digital medium-

a. Intentionally or knowingly sends such information which is offensive or fear inducing,
or which despite knowing it as false is sent, published or propagated with the intention
to annoy, insult, humiliate or denigrate a person or
b. Publishes or propagates or assists in publishing or propagating any information with the
intention of tarnishing the image of the nation or spread confusion or despite knowing it
as false, publishes or propagates or assists in publishing or propagates information in its
full or in a distorted form for the same intentions
,
Then, the activity of that person will be an offense under the Act.

(2) If any person commits any offense mentioned within sub section (1), the person will be
penalized with imprisonment for a term not exceeding 3(three) years of or fine not
exceeding 3(three) lacs taka or with both.

(3) If any person commits the offense mentioned in sub-section (1) for the second time or
recurrently commits it then, he will be punished with imprisonment for a term not exceeding
5(five) years or with fine not exceeding 10 (ten) lacs taka or with both

26) Punishment for Collecting, Using sIdentity Information without Permission, etc :-

(1) If any person without any legal authority collects, sells, takes possession, supplies or uses
any person’s identity information, then, that activity of that person will be an offense under
the Act.
(2) If any person commits any offense mentioned within sub section (1), the person will be
penalized with imprisonment for a term not exceeding 5 (five) years or fine not exceeding 5
(five) lacs taka or with both.

(3) If any person commits the offense mentioned in sub-section (1) for the second time or
recurrently commits it then, he will be penalized with imprisonment for a term not
exceeding 7 (seven) years or with fine not exceeding 10 (ten) lacs taka or with both.

Explanation:-
 To fulfill the objective of this Section, “Identity Information”, means any external, biological
or physical information or any other information which singly or jointly can identify a
person or a system, his/her name, address, Date of birth, mother’s name , father’s name,
signature, National identity , birth and death registration number, finger print, passport
number , bank account number , driver’s license , E-TIN number, Electronic or digital
signature , username, Credit or debit card number, voice print , retina image , iris image ,
DNA profile, Security related questions or any other identification which due to the
excellence of technology is easily available.

27) Punishment for committing Cyber-terrorism: -

(1) If any person –

a. With the intention to breach the national security or to endanger the sovereignty of the
Nation and to instill terror within the public or a part of them creates obstruction in the
authorized access to any computer, computer network or internet network or illegally
accesses the said computer, computer network or internet network or cause the act of
obstruction of access or illegal entry through someone, or
b. Creates such pollution within any digital device or inserts malware which causes in the
death of a person or results in serious injury to a person or raises a possibility of it, or
c. Damages or destroys the supply of daily necessities of public or adversely affects any
critical information infrastructure
d. Intentionally or knowingly enters or penetrates any computer, computer network,
internet network, any secured data information or computer database or such secured
data information or computer database which can be used to damage friendly relations
with another foreign country or can be used for acts against public order or which can
be used for the benefit any foreign country or any foreign person or any group.

Then that activity of that person will be considered as cyber security crime.

(2) If any person commits any offense mentioned within sub section (1), the person will be
penalized with imprisonment for a term not exceeding 14(fourteen) years or with fine not
exceeding 1(one) crore taka or with both.

(3) If any person commits the offense mentioned in sub-section (1) for the second time or
recurrently commits it then, he will be punished with lifetime imprisonment or with fine not
exceeding 5(five) crore taka or with both

28) Publication, Broadcast, etc. of such information in any website or in any electronic format
that hampers the religious sentiment or values:-

(1) If any person or group intentionally or knowingly with the aim of hurting religious
sentiments or values or with the intention to provoke publish or broadcast anything by
means of any website or any electronic format which hurts religious sentiment or values
then such activity of that person will be considered an offence
 (2) If any person commits an offence under sub section (1), the person will be sentenced to a
term of imprisonment not exceeding 7 (seven) years or fine not exceeding 10 (ten) lac or
both.

(3) If any person commits the offence mentioned in sub-section (1) second time or repeatedly,
he will be punished with imprisonment not exceeding 10 (ten) years or fine not exceeding
20 (twenty) lac taka or both

29) To publish, broadcast, etc., defamation information:-

(1) If a person commits an offence of publication or broadcast defamatory information as

described in section 499 of the Penal Code (Act XLV of 1860) in any website or in any other
electronic format then he will be sentenced to a term of imprisonment not exceeding
3(Three) years or fine not exceeding Tk.5 (Five) lac or both.

(2) If any person commits the offence mentioned in sub-section (1) second time or repeatedly,
he he will be sentenced to a term of imprisonment not exceeding 5(Five) years or fine not
exceeding Tk.10 (Ten) lac or both

30) E-Transaction without legal authority Offence and Punishment:-

(1) If any person-
a. Does e-transaction through electronic and digital medium of any bank, insurance, or any other
financial institution or any mobile money service providing organisation without legal authority,
or.
b. Does e-transaction that has been declared illegal by the Government or Bangladesh Bank,.

Then such activity will be considered as an offence.

(2) If any person commits offence mentioned in sub section (1), the person will be penalized
with either maximum of 5(five) years of imprisonment or fine of Tk. 5 (five) lac or will be
punished with both.

(3) If any person commits the offence mentioned in sub-section (1) for the second time or
repeatedly, he will be punished with a maximum of 7(seven) years imprisonment or with
maximum fine of Tk. 10 (ten) lac or both.

Explanation:-

To fulfill the objective of this Section, “E-Transaction”, means deposit or withdrawal of fund
or direction, order or legally authorized money transaction for withdrawal through any
bank, financial institution or through any digital or electronic medium to a specified account
number by a person with the aim of transferring funds..

31) Deterioration of Act-order, etc. and Punishment:-

 (1) If any person intentionally publish or broadcast any kind of file in any website or digital
format which will create hostility, hatred or adversity among people or destroy any
communal harmony or create unrest or disorder or deteriorates or threatens to
deteriorate the law and order then that activity of that person will be considered as an
offence..
(2) If any person commits any crime mentioned within sub section (1), the person will be
penalized with imprisonment for a term not exceeding to 7(seven) years or fine not
exceeding Tk. 5(five) lac or with both.
(3) If any person commits the crime mentioned in sub-section (1) for the second time or
recurrently commits it, he will be punished with imprisonment for a term not exceeding
10(ten) years or with fine not exceeding Tk.10 (ten) lac or with both

32) Breaching Government Secret Offence and Punishment:-

(1) If any person commits or aids and abets in committing an offence under Official Secrets Act, 1923
(Act No XIX of 1923) through computer, digital device, computer network, digital network or
through any other digital medium then he will be punished to a term of imprisonment not
exceeding 14(fourteen) years or with fine not exceeding Tk.25 (Twenty Five) Lac or with both.

(2) If any person commits the offence mentioned in sub-section (1) for the second time or
recurrently commits it, he will be punished with life imprisonment or with fine not exceeding Tk.
1(one) crore or with both.

33) Illegal Transferring, Saving etc. of Data-Information, Punishment:-

(1) If any person enters any computer or digital system illegally and does any addition or subtraction,
transfer or with the aim of transfer save or aid in saving any data-information belonging to
government, semi-government, autonomous or statutory organization or any financial or commercial
organisation , then the activity of that person will be considered an offence.

(2) If any person commits an offence mentioned in sub section (1), he will be sentenced to a term of
imprisonment not exceeding 5(Five) years or with fine not exceeding Tk.10 (Ten) lac or with both.

(3) If any person commits the offence mentioned in sub-section (1) second time or recurrently commits
it then, he will be sentenced to a term of imprisonment not exceeding 7(Seven) years or with fine not
exceeding Tk.15 (Fifteen) lac or with both.

34) Hacking Related Offence and Punishment:-

(1) If a person commits hacking then it will be considered an offence. and for this, he will be
sentenced to a term of imprisonment not exceeding 14(Fourteen) years or with fine not
exceeding Tk.1 (One) Crore or with both.
 (2) If any person commits the offence mentioned in sub-section (1) second time or repeatedly
then, he will be penalized with life imprisonment or with fine not exceeding Tk.5 (Five)
Crore or both

Explanation:
In this section “Hacking” means-

a. To destroy, change, format, cancel any information of the compute data storage or to
reduce the value or suitability of it or damaging it in any other way, or
b. Without ownership or possession illegally entering and damaging any computer, server,
computer network, or any electric system

35) Aiding in Commission of Offence and its Punishment:-

(1) If any person aids in committing any offence under this Act then such act of that person will
be considered an offence.
(2) In case of aiding of an offence, the punishment will be the same as that of the original
offence.

36) Offence Committed by Company:-

(1) In case of a company committing an offence under this Act, all such owner, chief executive, director,
manager, secretary, shareholder or any other officer or employee or representative of the company
having direct connection with the offence will be considered as the offender unless he can prove that
the offence took place without his knowledge or he took all possible steps to stop the commission of
the offence
(2) If the company mentioned under subsection (1) is a company having corporate legal personality,
then apart from the people mentioned, the company can also be charged and found guilty under the
same proceedings, but only the monetary punishment can be imposed on the company as per the
relevant provisions
Explanation:
In this Section-

a. The word “Company” includes any commercial institution, business partnership, society,
association or organization;
b. In case of commercial organization meaning of “Director “will be regarded as including its
shareholder or member of board of directors.

37) The power to give order of compensation:

If a person cause financial damage to another person under Section 22 digital or electronic
forgery, under Section 23 digital or electric fraud and under Section 24 identification fraud
or by means of disguise, the tribunal, may order him to compensate the affected person by
giving money equivalent to the damage caused or a suitable amount after considering the
damage caused
38) No Responsibility for the service provider:
 (1) Any service provider will not be responsible under this Act or any rules enacted under this
Act for facilitating access to data-information, if he succeeds in proving that, the offence or
breach was committed without his knowledge or he took all possible steps to stop the
commission of the offence. .

CHAPTER SEVEN
INVESTIGATION OF OFFENCE AND TRIAL

39) Investigation, etc.-

(1) Police Officer, hereinafter mentioned as the investigation officer in this chapter, will
investigate offence committed under this Act.
(2) Irrespective of the provision in Sub Section (1), if, before starting trial or at any stage of
investigation it is evident that, an investigation team is required for fair investigation of the
case in question then by order of the tribunal or the government, under the control and
conditions of the authority or organization mentioned in that order, investigation
organization, with combination of Law and Security Enforcement Authority and Agency. can
form a Joint Investigation team.

40) Time limit of Investigation, etc.: -

(1) Investigation officer-
a. Shall complete the investigation within 60 days from the date of getting charge of the
investigation
b. If he fails to finish the investigation within the time mentioned in sub-section (a) then with
the permission of his controlling officer, he can extend the time limit for investigation to
another 15(fifteen) days
c. If he fails to finish the investigation within the time mentioned in sub-section (b), then he
will record the reason and bring the matter to the knowledge of Tribunal in the form of a
report,. and with the permission of the tribunal, he will complete the investigation within the
next 30 ( thirty) days.
(2) If any investigating officer fails to finish the investigation under Sub Section (1), then the
tribunal may extend the time limit of the investigation up to a reasonable period.

41) Power of Investigation Officer: -

(1) While investigating any offence under this Act, the investigation officer shall have the
following powers, such as:-
a. He/she can take in his/her custody computer, computer Program, computer system,
computer network or any digital device, digital system, digital network or any Program,
data-information which has been saved in any computer or compact disc or removable
drive or in any other way;.
b. He/she can take necessary initiative to collect data-information from traffic-data from
any person or organization.
c. Any other task necessary to fulfill the objectives of this Act.
 (2) While conducting investigation under this Act the investigation officer may take help from
any expert person or any specialized organization for the sake of investigation of an offence.

42) Search and Seizure through Warrant: -

If any police office has reason to believe that,
a. or An offence has been committed or there is possibility of commission of an offence
under this Act, or-
b. Any computer, computer system, computer network, data-information relating to an
offence under this Act, or any evidence-proof thereof is being kept in some place or with
a person,
Then, he/she can after recording the reason for such belief, apply to the tribunal or as
the case may be, to the Chief Judicial Magistrate or Chief Metropolitan Magistrate to
obtain search warrant and do the below mentioned tasks :

i. To seize any traffic data which is under possession of any service

provider,
ii. At any level of communication create obstruction to any telegraph or
electronic communication containing recipient information and any
data traffic including data-information
43) Search, Seizure and Arrest without Warrant: -

(1) If a police officer has a reason to believe that an offence under this Act has been or is being or will be
committed in any place, or there is a possibility of it happening, or if there is a possibility of evidence
being lost, destroyed, deleted or altered or possibility of it being made scarce in some other way, then
the officer, upon recording the reason for his/her belief, can undertake the following tasks: -
a. Enter and search the said place and, if interrupted, take necessary action in accordance with the
Code of Criminal Procedure;.
b. Seize the computer, computer systems, computer network, data-information or other objects
which were used in committing the offence or documents that can aid in proving the offence that
are found in that place while conducting the search;;
c. Conduct physical search of any person present in that place;
d. Arrest anyone present in the said place if suspected of committing or having committed an
offence under this Act.
(2) ) After conducting a search under subsection (1), the police officer will submit a search report to the
Tribunal.

44) Data Preservation:-

(1) If the Director General on his own accord or on the basis of an application by the investigation officer
believes that, any data-information stored in a computer should be preserved for the interest of an
investigation under this Act or there is possibility that such information could be harmed,
destroyed, altered or lost e, then, he/she can order the person or institution responsible for that
computer or computer system to preserve such data-information for 90(ninety) days.
(2) Tribunal may, on application, extend the period of preservation of such data-information but it
should not be for more than a total of 180 (one hundred and eighty) days.

45) Not to Interrupt the general usage of computer: -

(1) The investigation officer should run the investigation in such a way that,
 the legal use of computer, computer system, computer network or any part thereof; is
not interrupted.
(2) Any computer, computer system or computer network or parts of can be seized if
a. It is not possible to enter the concerned computer, computer system, computer network
or any part of it
b. If the concerned computer, computer system, computer network or any part of it is not
seized to stop commission of an offence or stop an ongoing offence, there is possibility of
the data- information being harmed, destroyed, altered or lost.

46) Help In Investigation:-

The Investigation Officer while conducting investigation of an offence under this Act may request
any person or entity or service provider to provide information or for providing assistance in the
investigation and on such request the person, entity or service provider will be bound to help the
Investigation Officer.

47) Secrecy of the Information obtained in the Investigation:-

(1) if any person, entity or any service provider gives or publishes any information for the
interest of investigation then no proceedings can be brought against that person, entity, or
service provider under civil or criminal law.
(2) All person, entity or service provider related with the investigation under this Act shall
maintain secrecy of information related to the investigation.
(3) If any person breaches the provisions of Sub sections (1) and (2), then the breach will be
considered as an offence, and for such offence he will be sentenced to a term of
imprisonment not exceeding 2(Two) years or fine not exceeding Tk.1 (One) lac or both

48) Cognizance of Offence, etc. :-

(1) irrespective of the provisions of the Code of Criminal Procedure, , the Tribunal will not take
cognizance of an offence without written report of police officer.
(2) Tribunal will follow the procedures for trial of Sessions Court as mentioned in Chapter 23 of
the Code of Criminal Procedure, so far as they are compatible with the provisions of this Act
while conducting trial of offence under this Act.

49) Adjudication of Offence and Appeal:-

(1) Notwithstanding provisions of any other law that are currently in force, offence committed
under this Act will be tried by the Tribunal exclusively.
(2) Any person aggrieved by the judgment of the tribunal may appeal in the Appeal Tribunal.

50) Application of forgery code of conduct: -

(1) Provided there is nothing contrary in the Act, the investigation of the offence, adjudication,
appeal and settlement of other issues, the provisions of Code of Criminal Procedure will be
applicable..
(2) The Tribunal will be regarded as a Session Court and while adjudicating any offence under
this Act or any offence related to it , the tribunal will have all the power of a session court.
(3) The person representing the complainant in Tribunal will be regarded as Public Prosecutor.
51) Opinion of Expert, Training, etc.:-
(1) Tribunal or Appeal Tribunal, while conducting trial, may take independent opinion from an
expert in computer science, cyber forensic, electronic communication, data security and
other fields.
(2) To implement this Act The government or Agency may, if necessary, provide specialized
training to train all people connected to the implementation of the Act in Computer Science,
Cyber Forensic, Electronic Communication, Data Security and other necessary fields. .

52) Time Limit for Disposal of Trial:

(1) The adjudicator of the tribunal will dispose of a case under this Act within 180 (one
hundred and eighty) working days from the date of the Complaint..
(2) If the adjudicator of the Tribunal fails to dispose of a case within the time limit stated
in subsection (1), he can extend the time up to 90 (Ninety) days after recording the
reason of such failure.
(3) If the Tribunal Judge fails to dispose of the case within the time limit stated in
subsection (2), he will record the reason and bring it to the knowledge of the High
Court Division in the form of a report and can continue with the proceedings.
53) Cognizable and Bailable i Offence: -
In this Act-
a. The Offences mentioned in Sections 17, 19, 21, 22, 23, 24, 26, 27, 28, 30, 31, 32, 33 and 34
are cognizable and non-bailable offence; and
b. The Offences mentioned in Subsection (1) , (b) of Section 18, and subsection (3) of
Sections 20, 25, 29 and 47 are non-cognizable and bailable.
c. The Offences mentioned in subsection (1) of section 18 are non-cognizable, bailable
and can be settled with the permission of the court.
d. In case of a person committing an offence under this Act for the second time or
repeatedly, the offence will be cognizable and non-bailable .

54) Confiscation: -

(1) If an offence is committed under this Act then the computer, computer system, floppy disk,
compact disk, tape drive or any other related computer materials or instrument through
which the offence was committed can be confiscated by the order of the tribunal.
(2) Notwithstanding the provision of Subsection (1), if the tribunal is satisfied that the person
who was in control or possession of the computer, computer system, floppy disk, compact
disk, tape drive or any other related computer materials or instrument is not responsible for
the offence committed by that instrument, then, the said computer, computer system, floppy
disk, compact disk, tape drive or any other related computer materials or instrument will not
be confiscated.
(3) If the computer, computer system, floppy disk, compact disk, tape drive or any other related
computerized materials or instrument fit for confiscation under subsection (1) has any legal
computer, computer system, floppy disk, compact disk, tape drive or any other related
computer materials or instrument with it, then those instruments will also be confiscated).
 (4) Notwithstanding anything contained in this section, if the offence is committed by using any
computer or other related computer materials or instrument belonging to a government or
constitutional organization then it will not be confiscated.

CHAPTER EIGHT
REGIONAL AND INTERNATIONAL ASSISTANCE

55) Regional and International Assistance:-

If regional or international assistance becomes necessary while conducting an investigation or

trial of an offence under this Act, then, the provisions of Crime Related Interpersonal Assistance
Act, 2012(Act Number IV of 2012) will be applicable

CHAPTER NINE
MISCELLANEOUS

56) Delegation of Power: -

The Director General may, if necessary, may delegate any power or responsibility entrusted
to him under this Act by a written order to any employee of the agency and to any other
person or to a police officer.

57) Activities done in good faith:

If a person is harmed or if there is a possibility of being harmed by an activity done while
fulfilling a responsibility under this Act, and if the activity is done in good faith, no civil or
criminal proceeding or any other legal proceedings can be brought against the employee or
person who had responsibility for committing that activity under this Act.
58) Testimonial value:
Notwithstanding anything contained in the Evidence Act 1972 (Act I of 1872), or any other law,
any forensic evidence obtained or collected under this Act shall be treated as evidence in the trial
proceedings.
59) Removal of Difficulty:
If any ambiguity is noticed while implementing the provisions of this Act, the government may
take necessary measures to remove the difficulties, by means of an order published in the official
gazette.
60) The power to make rules:-
(1) To fulfil the objective of this Act, government, by notification in the government gadget can
enact rules.
(2) Without prejudice to the subsection (1), government, by notification in the government
gadget, can enact rules for especially for the following among other subjects Namely:-
a. Establishing Digital Forensic Lab;
b. Supervision of the Digital forensic Lab by The Director General
c. Reviewing traffic data or information and the process of its collection and preservation.
d. Process of Interference, Review or Decryption and Protection
e. Security of Compromised Information Infrastructure
f. The process of Regional and International Assistance in terms of Digital security.
 g. Creation and operation of Emergency Response Teams and the process of coordination
of it with other teams.
h. Cloud Computing, Metadata; and
i. Security of preserved Data

61) The Amendment and Custody of Act No 39 of the year 2006:-

(1) As soon as this Act comes into effect, the sections 54 55 56 57 66 of the Information and
Communication Technology Act 2006 (Act no 39 of 2006) will be abolished; henceforth it
shall be mentioned that the above enumerated sections of Information Communication
Technology Act 2006 has been abolished by this Section.
(2) If any proceedings is initiated or received in the tribunal under the abolished sections or if a
case is pending at any stage of the trial process in relation to the abolished sections they will
continue as if the sections were not abolished.

62) Publishing of translated text of the Act in English:-

(1) After the Act comes into force, the Government can publish an authentic English text
translation of this Act by notification in the official Gazette.
(2) In the case of conflict between Bengali and English text of the Act, the Bengali text will
prevail
 OBJECTIVE AND REASON CONTAINING STATEMENT

The announced vision 2021 by Prime Minister Sheikh Hasina: in the aim creating digital
Bangladesh the usage of data and information technology to its highest is a must. In the present
world benefitting by the vast usage of information technology has also increased the wrong
application, for which the level of cyber crime is also increasing. In this circumstances, to ensure
the national digital security and redress, prevention, identificationand restraint and judgement
of digital crimes this Act implementation is a must. To secure the nation and the public life and
property from Cyber cum digital crime is the main objective if this Act.

The implementation of digital Bangladesh can be considered as the revival of the Golden
Bangladesh of the father of the nation Sheikh Mujibur Rahman. The great dreamer has given his
own suitable successor to fulfill the dream of Golden Bangladesh, Honorable Prime Misnister
Sheikh Hasina. Digital security Act 2018 will play a helpful role in implementing Vision 2021;
Digital Bangladesh.

MUSTAFA JABBAR
MINISTER INCHARGE
BANGLADESH NATIONAL PARLIAMENT

NATIONAL DIGITAL SECURITY CONFIRMATION AND DIGITAL CRIME IDETIFICATION

PREVENTION, RESTRAINT, JUDGMENT AND OTHERS SUBJECTS RELATED PROPOSED BILL

FOR FORMULATION AND CONTAINING PART

RECOMMENDATION WAS FOUND FOR THIS THIS BILL ACCORDING TO THE PARAGRAPH 82
OF THE CONSTITUTION

DR. MD. ABDUR ROB HAOLADAR

SENIOR SECRETARY

( MISTER MOSTAFA JOBBAR)

RECOMMENDATIONS OF PERMANENT COMMITTEE POSTAL, TELECOMMUNICATION AND
INFORMATION TECHNOLOGY MINISTRY

NAME OF BILL: DIGITAL SECURITY BILL, 2018

Postal, telecommunication and Information technology Ministry related permanent

committee correction recommendations in the followings after testing the digital security
bill 2018, such as:-

1. Instead of the long title the following heading will be installed.

“TO FORMULATE PROVISIONS ENSURING THE DIGITAL SECURITY AND CRIME

IDENTIFICATION, PREVENTION, RESTRAINMENT, JUDGEMENT AND OTHER RELATED
SUBJECTS, COMMITTED THROUGH DIGITAL MEDIUM.“

2. The following proposal will be installed instead of the proposal of the Bill, such as:-

“SINCE IT IS NECESSARY AND EXPEDIENT TO IMPLEMENT PROVISION TO IDENTIFY, PREVENT,

RESTRAINT AND JUDGE THE CRIME OCCURING THROUGH DIGITAL MEDIUM AND TO ENSURE
DIGITAL SECUIRTY.”

3. On the Section number 2 of the sub-Section (1), will be renumbered as serial number (u) and serial
number (v), and thus serial number (t) serial number (u) shall be inserted in the following way. Such
as:-

“(u) ““Cognition of Liberation War”, meaning the great ideals who inspired our hero public to
dedicate themselves and to sacrifice the life of the hero martyrs. The ideal of those nationalism,
socialism, democracy and secularism”.

4. (TEXT WAS CLEAR)

5. Before the mentioned word” Digital Security Agency” in The sub-Section(1) of Section 5, by
combining a 1(one) director general and 2(two) director, “ words and coma has to be
insterted.

6. The following will be inserted as Section (6) instead of the Section (6) in the bill, such as:-

“6” The appointment, period of Director General and Director, etc.:-

(1) The Director General and the directors will be an expert on computer or cyber security, he will
be appointed by the government and the conditions of their job shall be decided by the
government.
(2) The director general or the directors will be the fulltime employee of the agency and for the
favour this Act and its provisions, he has perform his activities, use the power and fulfill the
responsibilities as per the order passed by the government.
(3) If the post of the director general is vacant, or if he is absent or sick or for any other reason if he
is unable to perform his duties then until the new director general takes charge in the vacant
 position or until the director general is capable of joining the responsibilities the eldest director
shall fulfill the responsibility of the director general temporarily.

7. In the sub-Section (2) of Section 8, before abbreviating the mentioned word “BRTC” the words and
comas will be inserted by the director general.
8. Section 12 of the bill-
a. Of Sub-Section-
(i) In serial (b),after the mentioned word “ state minister” , the sign and the word
“deputy minister” is to inserted;
(ii) The serial (c) number will be inserted as new serial of serial number (b) and
thus the immediate numbers will (c), (d), (e), (f), (g), (h), (i),(j), and (k), hence
the serials shall be renumbered as (c), (d), (e), (f), (g), (h), (i),(j), and (k).

b. Tin Sub-Section (3), the mentioned “as a member of it any suitable representative of intuitions,
etc. at any time by considering the agenda of the meeting temporarily may co-opt. “instead of
those words and the bracket, “or by the recommendation of the information ministry1 (one)
representative can be the member and can co-opt any time,” these words and coma will be
inserted.
9. The mentioned “1(one) year” in Section 18, sub-Section (2), serial number (a) of the bill, instead of
the number, bracket and the words, “6(six) months” number, bracket and the words and instead of
“3(three) lacs” number, bracket, words, “2(two) lacs “ number, bracket and words shall be inserted.
 Bangladesh National Parliament
Dhaka, 23 Ashwin, 1413/8 October, 2006
The following Act undertaken by the Parliament received approval from the
President on 23 Ashwin, 1413 corresponding to 8 October 2006 and thus published
for the public: --
Act No. 39 of the year 2006
Act prepared to provide legal recognition and security of Information and
Communication Technology and rules of relevant subjects
Since it is plausible and necessary to provide legal recognition and security of
Information & Communication Technology and prepare rules of relevant subjects;
Thus hereby the following Act has been created:--

Chapter I
PRELIMINARY

1. Short Title, extent and commencement.--(1) This Act may be called the Information &
Communication Technology Act, 2006.
(2) It shall extend to the whole of Bangladesh.
2. Definitions.-- In this Act, unless the context otherwise requires,--
(1) "digital signature" means data in an electronic form, which--
(a) is related with any other electronic data directly or logically; and
(b) is able to satisfy the following conditions for validating the digital signature--
(i) affixing with the signatory uniquely;
(ii) capable to identify the signatory;
(iii) created in safe manner or using a means under the sole control of the
signatory; and
(iv) related with the attached data in such a manner that is capable to identify
any alteration made in the data thereafter.
(2) "digital signature certificate" means a certificate issued under section 36;
(3) "electronic" means electrical, digital, magnetic, wireless, optical, electromagnetic or
any technology having equivalent such capability;
(4) "electronic data interchange" means transferring data from one computer to another
computer electronically by following a standard for the purpose of organizing
information;
(5) "electronic form" with reference to information means any information generated, sent,
received or stored in media, magnetic, optical, computer memory, microfilm, computer
generated microfiche or similar device or technology;
(6) "electronic gazette" means the official gazette published in the electronic form in
addition to official printed & published gazette;
(7) "electronic record" means data, record or data generated, image or sound stored,
received or sent in an electronic form or microfilm or computer generated microfiche;
(8) "internet" means such an international computer network by which users of computer,
cellular phone or any other electronic system around the globe can communicate with
 one another and interchange information and can browse the information presented in
the websites;
(9) "electronic mail" means information generated electronically and transmitted using
internet;
(10) "data" means a representation of information, knowledge, facts, concepts or
instructions which are being prepared or have been prepared in a formalized manner,
and is intended to be processed, is being processed, or has been processed in a
computer system or computer network, and may be in any form including computer
printouts, magnetic or optical storage media, punch cards, punched tapes or stored
internally in the memory of the computer;
(11) "data message" means electronic, electronic data interchange including optical,
electronic mail, telegram, telex, fax, telecopy, short message or created something
similar, sent, received or stored information;
(12) "website" means document and information stored in computer and web server which
can be browsed or seen by the user through internet;
(13) "computer" means any electronic, magnetic, optical or other high-speed data
processing device or system which performs logical, arithmetical and memory
functions by manipulations of electronic, magnetic or optical impulses, and includes
all input, output, processing, storage, computer software or communication facilities
which are connected or related to the computer in a computer system or computer
network;
(14) "computer network" means the interconnection of one or more computers through the
use of satellite, microwave, terrestrial line, wireless equipment, wide area network,
local area network, infrared, WiFi, bluetooth or other communication media; and
terminals or a complex consisting of two or more interconnected computers whether
or not the interconnection is continuously maintained;
(15) "subscriber" means a person in whose name the Digital Signature Certificate is
issued;
(16) "chairman" means a chairman appointed under cyber appeal tribunal of section 82 of
this Act;
(17) "civil procedure" means Code of Civil Procedure, 1908 (Act V 0f 1908);
(18) "penal code" means Penal Code, 1860 (Act XLV of 1860);
(19) "prescribed" means prescribed by rules;
(20) "secure signature generating machine or technology" means any signature generating
machine or technology subject to the conditions illustrated under section 17;
(21) "addressee" with reference to data message means a person who is intended by the
originator to receive the electronic record but does not include any intermediary;
(22) “verification” means such procedure used to identify signatory or authentication of
data message;
(23) "originator" with reference to data message means a person who sends or prepares
data message before preservation or causes any date message to be sent, generated,
stored or transmitted but does not include an intermediary;
(24) "regulation" means regulation prepared under this Act;
(25) "criminal procedure" means Code of Criminal Procedure, 1898 (Act V of 1898);
(26) “person” relates to unique person having any natural entity, partnership business,
union, company, body corporate, cooperatives;
(27) “adjudicating officer” means an adjudicating officer of cyber tribunal constituted
under section 68 of this Act;
(28) “rule” means rule prepared under this Act;

2
 (29) “medium” means any person sending, receiving, advancing or saving any data
message or any service rendering on this data message on behalf of any other person
for a particular data message;
(30) “licence” means a licence granted under section 22 of this Act;
(31) “authentication service provider” means certificate issuing authority or any person
rendering service related to digital signature.
(32) “certifying authority” means a person or authority who has been granted a licence
under section 18 to be read with section 22 of this Act to issue a Digital Signature
Certificate:
(33) “certification practice and description of procedure” means certification practice and
description of procedure defined by the regulation where practices and procedures
are written for issuing Digital Signature Certificate;
(34) “member” means a member of cyber appeal tribunal constituted under section 82 of
this Act;
(35) “signatory” means a person providing signature generated through signature
generating machine or procedure;
(36) “signature verification machine” means software or hardware used for verifying
signature;
(37) “signature generating machine” means software or hardware used generating data
for creating signature;
(38) “cyber tribunal” or “tribunal” means a cyber tribunal constituted under section 82 of
this Act;
(39) “cyber appeal tribunal” means a cyber appeal tribunal constituted under section 82 of
this Act.
3. Domination of the Act.-- Where any law provides whatever anything it contained, the
rules of this Act shall be in force;
4. Inter-state application of the Act.--(1) If any person commits offence or contravention
under this Act outside of Bangladesh which is punishable under this Act if he commits it in
Bangladesh, then this Act shall apply as such he commits offence or contravention in Bangladesh;
(2) If any person commits offence or contravention in Bangladesh under this Act from outside
Bangladesh using a computer, computer system or computer network located in Bangladesh, then this
Act shall apply as such the entire process of the offence or contravention took place in Bangladesh;
(3) If any person from within Bangladesh commits offence or contravention outside of
Bangladesh under this Act, then this Act shall apply against him as such the entire process of the
offence or contravention took place in Bangladesh;

Chapter II
DIGITAL SIGNATURE & ELECTRONIC RECORDS

5. Authentication of electronic records by digital signature.--(1) Subject to the provision of

sub-section (2) of this section, any subscriber may authenticate an electronic record by affixing his
digital signature.
(2) The authentication of electronic record shall be effected by the use of technology neutral
system or standard authentic signature generating machine or strategy.
6. Legal recognition of electronic records.--Where any law provides that information or any
other matter shall be in writing or in the typewritten or printed form, then, notwithstanding anything
contained in such law, such information or matter is rendered or made available in an electronic form:
Provided that such information or matter is accessible so as to be usable for a subsequent
reference.

3
 7. Legal recognition of digital signatures.--Where any law provides that--
(a) any information or any other matter shall be authenticated by affixing the signature;
or
(b) any document shall be authenticated by signature or bear the signature of any person;
then, notwithstanding anything contained in such law, such information or matter is
authenticated by means of digital signature affixed in defined manner or so is the case of any
document.
8. Use of electronic records and electronic signatures in Government and its agencies.--(1)
Where any law provides for--
(a) the filing of any form, application or any other document with any office, authority,
body or agency owned or controlled by the appropriate Government in a particular
manner;
(b) the issue or grant of any licence, permit, sanction, approval or order by whatever
name called in a particular manner;
(c) the receipt or payment of money in a particular manner;
then, notwithstanding anything contained in such law, filing, issue, grant of the document and
receipt and payment of money, as the case may be, is effected by means of prescribed electronic form.
(2) The manner and format in which such electronic records shall be filed, created or issued
and the manner or methods of payment of any fee or charges for creation and filing shall be fixed by
the rules for fulfilling the purposes of this section.
9. Retention of electronic records.--(1) Where any law provides that any document, record or
information shall be retained for any specific period, then such requirement shall be deemed to have
been satisfied if such documents, records or information, as the case may be, are retained in the
electronic form if the following conditions are satisfied--
(a) the information contained therein remains accessible so as to be usable for a
subsequent reference;
(b) the electronic record is retained in the format in which it was originally generated,
sent or received, or in a format which can be demonstrated to represent accurately the
information originally generated, sent or received;
(c) such information, if any, as enables the identification of the origin and destination of
an electronic record and the date and time when it was sent or received, is retained:
Provided that this sub-clause does not apply to any information which is automatically generated
solely for the purpose of enabling and electronic record to be dispatched or received.
(2) A person may satisfy the requirements referred to in sub-section (1) of this section by
using the services of any other person, if the conditions in clauses (a) to (c) of that sub-section are
complied with.
(3) Nothing in this section shall apply to any law that expressly provides for the retention of
documents, records or information.
10. Electronic gazette.-- Where any law requires that any law, rule, regulation, order, bye-law,
notification or any other matter shall be published in the Official Gazette, then, such requirement shall
be deemed to have been satisfied if such law, rule, regulation, order, bye-law, notification or any other
matter is published in the Official Gazette or Electronic Gazette:
Provided that where any law, rule, regulation, order, bye-law, notification or any other matter is
published in the Official Gazette or the Electronic Gazette, the date of publication shall be deemed to
be the date of the Gazette which was first published in any form.
11. No liability on Government to accept documents in electronic form.--Nothing contained
in this Act shall by itself compel any Ministry or Department of the Government or any authority or
body established by or under any law or controlled or funded by the Government to accept, issue,
create, retain and preserve any document in the form of electronic records or effect any monetary
transaction in the electronic form.

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 12. Power of Government to make rules in respect of digital signatures.--The Government
may, by notification in the Official Gazette and in additionally optionally in the Electronic Gazette,
make the following rules (all or any of them) to prescribe for the purposes of this Act--
(a) the type of digital signature;
(b) the manner and format in which the digital signature shall be affixed;
(c) the manner and procedure which facilitates identification of the person affixing the
digital signature;
(d) the control processes and procedures to ensure adequate integrity, security and
confidentiality of electronic records and payments; and
(e) any other matter which is necessary to give legal effect to digital signatures.

Chapter III
ATTRIBUTION, ACKNOWLEDGEMENT AND DESPATCH OF
ELECTRONIC RECORDS

13. Attribution. -- (1) An electronic record shall be that of the originator it was sent by the
originator himself.
(2) As between the originator and the addressee, an electronic record shall be deemed to be
that of the originator if it was sent--
(a) by a person who had the authority to act on behalf of the originator in respect of that
electronic record; or
(b) by an information system programmed by or on behalf of the originator to operate
automatically.
(3) As between the originator and the addressee, an addressee shall be entitled to regard an
electronic record as being that of the originator and to act on that assumption if--
(a) in order to ascertain whether the electronic record was that of the originator, the
addressee properly applied a procedure previously agreed to by the originator for that
purpose; or
(b) the information as received by the addressee resulted from the actions of a person
whose relationship with the originator or with any agent of the originator enabled that
person to gain access to a method used by the originator to identify the electronic
records as its own.
(4) Sub-section (3) of this section shall not apply--
(a) from the time when the addressee has received notice from the originator that the
electronic record is not that of the originator, and had reasonable time to act
accordingly;
(b) in such case as in clause (b) of section (3) of this section, at any time when the
addressee knew or ought to have known, after using reasonable care or using agreed
procedure, that the electronic record was not that of the originator;
(c) if, in all circumstances of the case, it is unconscionable for the addressee to regard
the electronic record as being that of the originator or to act on that assumption.
(5) Where an electronic record is that of the originator or is deemed to be that of the
originator, or the addressee is entitled to act on that assumption, then, as between the originator and the
addressee, the addressee shall be entitled to regard the electronic record received as being what the
originator intended to send, and to act on that assumption.

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 (6) Whatever is there in sub-section (5) of this section, the addressee shall not be so entitled
when the addressee knew or should have known, after exercising reasonable care or using any agreed
procedure, that the transmission resulted in any error in the electronic record as received.
(7) The addressee shall be entitled to regard each electronic record received as separate
electronic record and to act on that assumption; however, it shall not be applicable for the following
electronic records--
(a) duplicates of other electronic records created by the addressee; and
(b) the addressee knew or should have known, after exercising reasonable care or using
any agreed procedure, that the electronic record was a duplicate.
14. Acknowledgement of receipt.-- (1) Sub-sections (2), (3) & (4) of this section shall apply
where, on or before sending an electronic record, or by means of that electronic record, the originator
has requested or has agreed with the addressee that receipt of the electronic record be acknowledged.
(2) Where the originator has not agreed with the addressee that the acknowledgement be given
in a particular form or by a particular method, an acknowledgement may be given by--
(a) any communication by the addressee, automated or otherwise; or
(b) any conduct of the addressee, sufficient to indicate to the originator that the
electronic record has been received.
(3) Where the originator has stipulated that the electronic record shall be conditional on receipt
of the acknowledgement, then, until the acknowledgement has been received, the electronic record
shall be deemed to have been never sent by the originator.
(4) Where the originator has not stipulated that the electronic record shall be conditional on
receipt of the acknowledgement, and the acknowledgement has not been received by the originator
within the time specified or agreed or, if no time has been specified or agreed, within a reasonable time,
the originator--
(a) may give notice to the addressee stating that no acknowledgement has been received
and specifying a reasonable time by which the acknowledgement must be received;
and
(b) if no acknowledgement is received within the time specified in clause (a) of this sub-
section, may, after giving notice to the addressee, treat the electronic record as
though it has never been sent.
(5) Where the originator receives the addressee's acknowledgement of receipt, it shall be
presumed that the related electronic record was received by the addressee, but that presumption shall
not imply that the content of the electronic record corresponds to the content of the record received.
(6) Where the received acknowledgement states that the related electronic record met technical
requirements, either agreed upon or set forth in applicable standards, it shall be presumed that those
requirements have been met.
15. Time and place of dispatch and receipt of electronic record. -- (1) Save as otherwise
agreed to between the originator and the addressee,--
(a) the time of dispatch of an electronic record shall be determined when it enters a
computer or electronic machine or resource out side the control of the originator;
(b) the time of receipt of an electronic record shall be determined as follows, namely:--
(i) if the addressee has designated an electronic device or resource for the purpose
of receiving electronic records, receipt occurs,--
(a) at the time when the electronic record enters the designated electronic
device or resource;
(b) if the electronic record is sent to an electronic device or resource of the
addressee that is not designated electronic device or resource, at the
time when the electronic record is retrieved by addressee;

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 (ii) if the addressee has not designated an electronic device or resource along with
the specified timings, if any, receipt occurs when the electronic record enters
the electronic device or resource.
(c) An electronic record is deemed to be dispatched at the place where the originator has
his place of business, and is deemed to be received at the place where the addressee
has his place of business.
(2) The provision of sub-section (1) (b) of this section shall apply notwithstanding that the
place where the computer resource is located may be different from the place where the
electronic record is deemed to have been received under sub-section (1) (c) of this
section.
(3) For the purposes of this section,--
(a) if the originator or the addressee has more than one place of business, the
principal place of business shall be the place of business;
(b) if the originator or the addressee does not have a place of business, his usual
place of residence shall be deemed to be the place of business;
Explanation.-- "principal place of business" or "usual place of residence" in relation to a body
corporate or body incorporated means the place where it is registered.

Chapter IV
SECURE ELECTRONIC RECORDS & DIGITAL SIGNATURES

16. Secure electronic record.-- Where any security procedure has been applied to an electronic
record at a specific point of time, then such record shall be deemed to a secure electronic record from
such point of time to the time of verification.
17. Secure digital signature.-- (1) If, by application of a security procedure agreed to by the
parties concerned, it can be verified that a digital signature, at the time it was affixed, was--
(a) unique to the person affixing it;
(b) capable of identifying the person affixing it; and
(c) created in manner or using a means under the sole control of the person affixing;
then such digital signature shall be deemed to be a secure digital signature as per sub-section (2).
(2) Despite the fact of sub-section (1), the digital signature would be invalidated if the
electronic record was altered relating to this very digital signature.

Chapter V
CONTROLLER & CERTIFYING AUTHORITIES

18. Certifying Authorities Controller and other officers.-- (1) For the purpose of this Act, the
Government may, by notification in the Official Gazette and additionally optionally in Electronic
Gazette, appoint a Controller and such number of Deputy Controller(s) and Assistant Controller(s) as it
deems fit within 90 days of the enactment of this law.
(2) The Controller shall discharge such functions as are vested in him under this Act under
the general superintendence and control of the Government.
(3) The Deputy Controllers and the Assistant Controllers shall perform such functions as are
assigned to them by the Controller under the general superintendence and control of the Controller.

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 (4) The qualifications, experience and terms & conditions of service of Controller, Deputy
Controllers and Assistant Controllers shall be such as may be prescribed by the Service Code.
(5) The Head Office of the Controller shall be located at Dhaka and as the Government may
think fit may establish Branch Offices at such places for fixed time duration or permanently.
(6) There shall be a seal of the office of the controller, which will be used in places approved
by the Government and other defined areas.
(7) For the purpose of preserving all electronic records under this Act there shall be a room in
the Office of Controller which will be named as "electronic records repository room."
19. Functions of the Controller.--The Controller may perform all or any of the following
functions, namely:--
(a) exercising supervision over the activities of the Certifying Authorities;
(b) laying down the standards to be maintained by the Certifying Authorities;
(c) specifying the qualifications and experience which employees of the Certifying
Authorities should possess;
(d) specifying the conditions subject to which the Certifying Authorities shall conduct
their business;
(e) specifying the contents of written, printed or visual materials and advertisements that
may be used in respect of a Digital Signature Certifying;
(f) specifying the form and content of a Digital Signature Certificate;
(g) specifying the form and manner in which accounts shall be maintained by the
Certifying Authorities;
(h) specifying the terms and conditions subject to which auditors may be appointed and
the remuneration to be paid to them for auditing the Certifying Authorities;
(i) facilitatining the establishment of any electronic system by a Certifying Authority
either solely or jointly with other Certifying Authorities and regulation of such
systems;
(j) specifying the manner in which the Certifying Authorities shall conduct their
dealings with the subscribers;
(k) resolving any conflict of interests between the Certifying Authorities and the
subscribers;
(l) laying down the duties and responsibilities of the Certifying Authorities;
(m) maintaining computer based databases, which--
(i) contain the disclosure record of every Certifying Authority containing such
particulars as may be specified by regulations; and
(ii) shall be accessible to the member of the public;
(n) perform any other function under this Act or Codes prepared under this Act.
20. Recognition of foreign Certifying Authorities.-- (1) Subject to such conditions and
restrictions as may be specified by regulations, the Controller may, with the previous approval of the
Government, and by notification in the Official Gazette and additionally optionally in Electronic
Gazette, recognize any foreign Certifying Authority as a Certifying Authority for the purposes of this
Act.
(2) Where any Certifying Authority is recognized under sub-section (1) of this section, the
Digital Signature Certificate issued by such Certifying Authority shall be valid for the purposes of this
Act.
(3) The Controller may, if he is satisfied that any Certifying Authority has contravened any of
the conditions and restrictions subject to which it was granted recognition under sub-section (1) of this
section, for reasons to be recorded in writing, by notification in the Official Gazette and additionally
optionally in Electronic Gazette, revoke such recognition.

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 21. Controller to act as repository.-- (1) The Controller shall be the repository of all Digital
Signature Certificates issued under this Act.
(2) The Controller shall ensure that the secrecy and security of the digital signature are
assured and in order to do so shall make use of hardware, software and procedures that are secure from
intrusion and misuse and follow such standards as may be prescribed.
22. Licence to issue Digital Signature Certificate.-- (1) Subject to the provision of sub-
section (2) of this section, any person may make an application to the Controller for a licence to issue
Digital Signature Certificates.
(2) No licences shall be issued under sub-section (1) of this section unless the applicant
fulfills such requirements with respect to qualification, expertise, manpower, financial resources and
other infrastructure facilities which are necessary to issue Digital Signature Certificates.
(3) A licence granted under sub-section (1) of this section—
(a) shall be valid for certain period;
(b) shall be delivered subject to fulfilling defined terms and conditions; and
(c) shall not be transferable or heritable.
23. Application for licence.-- (1) Every application for issue of a licence shall be submitted in
a prescribed form.
(2) Every application of sub-section (1) of this section shall be accompanied by—
(a) a certification practice statement;
(b) necessary documents with respect to identification of the applicant;
(c) evidence of payment of defined fees;
(d) such other documents as may be prescribed.
24. Renewal of licence.—Licence issued under this Act shall be renewed automatically for a
certain period subject to paying fees in a prescribed procedure.
25. Procedure for grant or rejection of licence.—The Controller may, on receipt an
application under sub-section (1) of section 22 of this Act, after considering the documents
accompanying the application and such other factors as he deems fit, grant the licence or reject the
application:
Provided that no application shall be rejected under this section unless the applicant has been
given a reasonable opportunity of presenting his case.
26. Revocation and suspension of licence.—(1) The Controller may suspend or revoke any
licence under this Act, if he is satisfied after making such inquiry, as he may think fit, that a Certifying
Authority has—
(a) made statement in, or in relation to, the application for the issue or renewal of the
licence, which is incorrect or false in material particulars;
(b) failed to comply with the terms and conditions subject to which the licence was
granted;
(c) failed to main the standards specified under section 21(2) of this Act;
(d) contravened any provisions of this Act, rules, regulations or orders made thereunder.
(2) No licence shall be revoked unless the Certifying Authority has been given reasonable
opportunity of showing cause against the proposed revocation under sub-section (1) of this section.
(3) The Controller may, if he has reasonable cause to believe that there is any ground for
revoking a licence under sub-section (1) of this section, by or, suspend such licence temporarily
pending the completion of any enquiry ordered by him.
(4) No licence shall be suspended for a period exceeding 14 (fourteen) days unless the
Certifying Authority has been given a reasonable opportunity of showing cause against the propose
suspension under sub-section (3) of this section;

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 (5) A Certifying Authority whose licence has been suspended temporarily shall not issue
any Digital Signature Certificate during the period of such suspension.
27. Notice of revocation or suspension of licence.—(1) Where the licence of a Certifying
Authority is revoked or suspended temporarily, the Controller shall publish notice of such revocation or
suspension, as the case may be, in the database maintained by him.
(2) Where one or more repositories are specified, the Controller shall publish notices of
such temporarily revocation or suspension, as the case may be, in all such repositories:
Provided that the database containing the temporarily notice of such revocation or suspension,
as the case may be, shall be made available electronically including website or any other medium
which shall be accessible round the clock.
28. Power to delegate.—The Controller may, in writing, authorize the Deputy Controller,
Assistant Controller or any other officer to exercise any of the power of the Controller under this Act.
29. Power to investigate contraventions.—(1) The Controller or any officer authorized by him
in this behalf shall take up for investigation any contravention of the provisions of this Act, rules or
regulations made thereunder.
(2) The Controller or any officer authorized by him in this behalf shall, for the purposes
of sub-section (1) of this section, have the same power as are vested in a Civil Court under the Code of
Civil Procedure, when trying a suit in respect of the following matters, namely:--
(a) discovery and inspection;
(b) enforcing the attendance of any person and examining him on oath or
affirmation;
(c) compelling the production of any document; and
(d) issuing commissions for the examination of witness.
30. Access to computers and data.—(1) Without prejudice to the provisions of section 45 of
this Act the Controller or any officer authorized by him shall, if he has reasonable cause to suspect that
any contravention of the provisions of this Act or rules and regulations made thereunder has been
committed, have access to any computer system, any apparatus, data or any other material connected
with such system, for the purpose of searching or causing a search to be made for obtaining any
information or data contained in or available to such computer system.
(2) For the purpose of sub-section (1) of this section the Controller or any officer
authorized by him may, by order, direct any person in charge of, or otherwise concerned with the
operation of, the computer system, data apparatus or material, to provide him with such reasonable
technical and other assistance as he may consider necessary.
(3) If authorization has been given to a person, the authorized person shall oblige to
assist as instructed under sub-section (1) of this section.
31. Certifying Authority to follow certain procedures.—Every Certifying Authority shall—
(a) make use of hardware, software and procedures that are secure from intrusion and
misuse;
(b) provide a reasonable level of reliability in its services which are reasonable suited to
the performance of intended function under this Act;
(c) adhere to security procedures to ensure that the secrecy and privacy of digital
signatures are assured; and
(d) observe such other standards as may be specified by regulations.
32. Certifying Authority to ensure compliance of the Act, rules, regulations, etc.—Every
Certifying Authority shall ensure that every person employed or otherwise engaged by it complies, in
the course of his employment or engagement, with the provisions of this Act, rules, regulations or
orders made thereunder.
33. Display of licence.—Every Certifying Authority shall display its licence at a conspicuous
place of the premises in which it carries on its business.

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 34. Surrender of licence.—Every Certifying Authority whose licence is revoked or suspended,
as the case may be, shall immediately after such revocation or suspension, as the case may be,
surrender the licence to the Controller.
35. Disclosures.—(1) Every Certifying Authority shall disclose in the manner specified by
regulations—
(a) Digital Signature Certificate used by the Certifying Authority to digitally sign
another Digital Signature Certificate;
(b) any certification practice statement relevant thereto;
(c) notice of the revocation or suspension of its Certifying Authority certificate, if any;
and
(d) any other fact the materially and adversely affects either the reliability of a Digital
Signature Certificate, which the Certifying Authority has issued, or the Certifying
Authority’s ability to perform its service.
(2) Where in the opinion of the Certifying Authority any event has occurred or any
situation has arisen which may materially and adversely affect the integrity of its
computer system or the conditions subject to which a Digital Signature Certificate
was granted, then the Certifying Authority shall use reasonable efforts to notify any
person who is likely to affected by the occurrence, or act in accordance with the
procedure specified in its certification practice statement to deal with such event or
situation.
36. Issue of certificate.—The Certifying Authority may issue a certificate to a prospective
subscriber only after the Certifying Authority—
(a) has received an application in the prescribed form requesting for issuance of a
certificate from the prospective subscriber;
(b) if it has a certification practice statement, complied with all of the practices and
procedures set forth in such certification practice
(c) if the prospective subscriber is the person to be listed in the certificate to be issued;
(d) if all information in the certificate to be issued is correct; and
(e) whether the prospective subscriber paid such fees as may be prescribed for issuance
of certificate.
37. Representations upon issuance of certificate.—(1) By issuing a certificate, the Certifying
Authority represents to any person who reasonably relies on the certificate or digital signature
described in the certificate that the Certifying Authority has issued the certificate in accordance with
any applicable certification practice statement incorporated by reference in the certificate, or of which
the relying person has notice.
(2) In the absence of such certification practice statement mentioned in sub-section (1) of
this section, the Certifying Authority represents that it has confirmed that—
(a) the Certifying Authority has complied with all applicable requirements of this Act
and the rule and regulations made thereunder in issuing the certificate, and if the
Certifying Authority has published the certificate or otherwise made it available to
such relying person, that the subscriber listed in the certificate has accepted it;
(b) all information in the certificate is accurate, unless the Certifying Authority has
stated in the certificate or incorporated by reference in the certificate a statement that
the accuracy of specified information is not confirmed;
(c) the Certifying Authority has no knowledge of any material fact which if it had been
included in the certificate would adversely effect the reliability of the representations
in clauses (a) and (b) of this sub-section.
(3) Where there is an applicable certification practice statement which has been
incorporated by reference in the certificate, or of which the relying person has notice, sub-section (2) of
this section shall apply to the extent that the representations are not inconsistent with the certification
practice statement.

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 38. Revocation of Digital Signature Certificate.—A Certifying Authority shall revoke a
Digital Signature Certificate issued by it—
(a) where the subscriber or any person authorized by him makes a request to that effect;
or
(b) upon the death of the subscriber; or
(c) where the subscriber is a firm or a company, if it has been dissolved or wound up or
has otherwise ceased to exist.
(2) Subject to the provisions of sub-section (3) of this section and without prejudice to
the provisions of sub-section (1) of this section, a Certifying Authority may revoke a Digital Signature
Certificate which has been issued by it at any time if it is of opinion that—
(a) a material fact represented in the Digital Signature Certificate is false or has been
concealed;
(b) a requirement for issuance of the Digital Signature Certificate was not satisfied;
(c) the Certifying Authority’s identification/security system was compromised in a
manner materially or as a whole affecting the Digital Signature Certificate’s
reliability;
(d) the subscriber has been declared insolvent by a competent court or authority.
(3) A Digital Signature Certificate shall not be revoked unless the subscriber has been
given an opportunity of being heard in the matter.
(4) On revocation of a Digital Signature Certificate under this section, the Certifying
Authority shall communicate the same to the subscriber.
39. Suspension of Digital Signature Certificate.—(1) Subject to the provisions of sub-section
(2) of this section, the Certifying Authority which has issued a Digital Signature Certificate may
suspend such Digital Signature Certificate—
(a) on receipt of a request to that effect from the subscriber listed in the Digital Signature
certificate or any person duly authorized to act on behalf of that subscriber;
(b) if it is opinion that the Digital Signature Certificate should be suspended in public
interest.
(2) A Digital Signature Certificate shall not be suspended for a period exceeding 30 (thirty)
days without giving the subscriber a notice under sub-section 1 (b) of this section.
(3) Certifying Authority can suspend the Digital Signature Certificate, if the Authority is
satisfied on the ground that the explanation given by the subscriber in response to the notice of sub-
section (2) of this section is not acceptable.
(4) On suspension of a Digital Signature Certificate under this section, the Certifying
Authority shall communicate the same to the subscriber.
40. Notice of revocation or suspension.—(1) Where a Digital Signature Certificate is revoked
under section 38 of this Act or suspended under section 39 of this Act, the Certifying Authority shall
publish a notice of such revocation or suspension, as the case may be, in the repository specified in the
Digital Signature Certificate for publication of such notice.
(2) Where one or more repositories are specified, the Certifying Authority shall publish
notices of such revocation or suspension, as the case may be, in all such repositories.

Chapter VI
DUTIES OF SUBSCRIBERS

41. Application of security procedure.--The subscriber shall apply required security procedure
to ensure the purity of Digital Signature Certificate issued by a Certifying Authority.

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 42. Acceptance of Digital Signature Certificate.--(1) A subscriber shall be deemed to have
accepted a Digital Signature Certificate if he publishes or authorizes the publication of a Digital
Signature Certificate to one or more persons or in a repository.
(2) By accepting Digital Signature Certificate the subscriber certifies to all who reasonably rely
on the information contained in the Digital Signature Certificate that--
(a) all representations made by the subscriber to the Certifying Authority and all materials
relevant to the information contained in the Digital Certificate are true; and
(b) all information in the Digital Signature Certificate that is within the knowledge of the
subscriber is true.
43. Presumption of represented information of obtaining Digital Signature Certificate.--
All material representations made by the subscriber to a Certifying Authority for purposes of obtaining
a certificate, including all information known to the subscriber and represented in the Digital Signature
Certificate, shall be accurate and complete to the best of the subscriber's knowledge and belief,
regardless of whether such representations are confirmed by the Certifying Authority.
44. Control of safety measure of subscriber.--(1) Every subscriber shall exercise reasonable
care to retain control of using of Digital Signature Certificate and take all steps to prevent its disclosure
to a person not authorized to affix the digital signature of the subscriber.
(2) If the security of Digital Signature Certificate has been compromised by disobeying the
rules in sub-section (1) of this section, the subscriber shall communicate the same without any delay to
the Certifying Authority who has issued the Digital Signature Certificate in an agreed manner.

Chapter VII
BREACHING RULES, PREVENTION, PENALTIES ETC.

45. Power of Controller to give directions.—The Controller may, by order, direct a Certifying
Authority or any employee of such a Certifying Authority to take such measure or cease carrying on
such activities as specified in the order if those are necessary to ensure compliance with the provisions
of this Act, or rules and regulations made thereunder.
46. Power of Controller to give directions in emergency.—If the Controller is satisfied that it
is necessary or expedient so to do in the interest of the sovereignty, integrity, or security of Bangladesh,
friendly relations of Bangladesh with other States, public order or for preventing incitement to
commission of any cognizable offence, for reasons to be recorded in writing, by order, direct any
agency of the Government to intercept any information to be transmitted through any computer
resource.
(2) The subscriber or any person in charge of a computer resource shall, when called
upon by any agency to which direction has been issued under sub-section (1) of this section, extend all
facilities and technical assistance to decrypt the information.
47. Power to announce protected systems.—(1) The Controller may, by notification in the
Official Gazette or in Electronic Gazette, declare any computer, computer system or computer network
to be a protected system.
(2) The Controller, by order in writing, authorize the persons who are authorized to
secure access to protected systems notified under sub-section (1) of this section.
48. Penalty for failure to furnish document, return and report.—If any person fails to
submit given document, return and report under the provisions of this Act, or rules and regulations
made thereunder to the Controller or Certifying Authority, the Controller or any officer of the
Government authorized by the Government by special order, as the case may be, can fine the person
which may extend to Taka ten thousands mentioning reasons in written by administrative order.
49. Penalty for failure to file return, information, book etc.—If any person fails to deliver
any information, books or any other documents under the provisions of this Act, or rules and
regulations made thereunder within stipulated time, the Controller or any officer of the Government
authorized by the Government by special order, as the case may be, can fine the person which may
extend to Taka ten thousand mentioning reasons in written by administrative order.

13
 50. Penalty for failure to maintain books of accounts or record.—If any person fails to
maintain books of accounts or records which is supposed to be preserved under the provisions of this
Act, or rules and regulations made thereunder, the Controller or any officer of the Government
authorized by the Government by special order, as the case may be, can fine the person which may
extend to Taka two lakhs mentioning reasons in written by administrative order.
51. Residuary penalty.—If any person contravenes any rules of this Act for which the
provision of penalties has not been fixed separately under the provisions of this Act, or rules and
regulations made thereunder, the Controller or any officer of the Government authorized by the
Government by special order, as the case may be, can fine the person for breaching the very rule which
may extend to Taka twenty five thousands mentioning reasons in written by administrative order.
52. Power of Controller to issue prohibition of possible breaching of rules.—(1) If the
Controller is in the opinion that, any person has attempted or is attempting to do such activities which
is breaching or may breach the provisions of this Act, rules, regulations made thereunder, or conditions
or any order of the Controller then the Controller shall issue a notice within the stipulated time limit
ordering the person to present his statement in written why he should not refrain himself from doing
such activity and if such statement is presented then the Controller shall issue an order to refrain him
from doing such activity or any other instruction about the activity sthat deems fit to him.
(2) If the Controller is satisfied that, the nature of breaching or possible breaching under
sub-section (1) of this section is such that to prevent the person from that activity immediately, then the
Controller shall issue an interim order which deems fit to him during the time of issuing a notice under
that sub-section.
(3) If any instruction under sub-sections (1) and (2) of this section is given to anyone, he
shall be bound to obey it.
(4) If any person breaches the given instructions of this section, the Controller can fine the
person which may extend to Taka ten thousand.
53. Penalties.—(1) The Controller can impose penalties for breaching other rules under this Act
defined by the rules as an addition to imposable penalties under this Act.
(2) No penalty shall be imposed under this Act for breaching this Act or any rules of this
Act without giving reasonable opportunity to the offender on hearing.
(3) The accused person can lodge an application to the Controller for auditing the decision
of imposing penalties by the Controller within seven days from the date the decision is made and if any
such application is lodged, the Controller shall give opportunity to the Applicant for hearing and
dissolve it within fifteen days.
(4) Unless the penalties are paid under this Act which is due, is collectable as a
Government demand under the Public Demands Recovery Act, 1913 (Ben. Act III of 1913).

Chapter VIII
OFFENCES, INVESTIGATION, ADJUDICATION, PENALTIES ETC.

Part-1
Offences & Penalties

54. Penalty for damage to computer, computer system, etc.--If any person, without
permission of the owner or any person who is in charge of a computer, computer system or computer
network,--
(a) accesses or secure access to such computer, computer system or computer networks
for the purpose of destroying information or retrieving or collecting information or
assists other to do so;
(b) downloads, copies or extracts any data, computer database or information from such
computer, computer system or computer network including information or data held
or stored in any removable storage medium;

14
 (c) introduces or causes to be introduced any computer contaminant or computer virus
into any computer, computer system or computer network;
(d) damages or causes to be damaged willingly in any computer, computer system or
computer network, data, computer database or any other programmes residing in
such computer, computer system or computer network;
(e) disrupts or causes disruption of any computer, computer system or computer
network;
(f) denies of causes the denial of access to any person authorized to access any
computer, computer system or computer network by any means;
(g) provides any assistance to any person to facilitate access to a computer, computer
system or computer network, in contravention of the provisions of this Act, rules or
regulations made thereunder;
(h) for the purpose of advertisement of goods and services, generates or causes
generation of spams or sends unwanted electronic mails without any permission of
the originator or subscriber;
(i) charges the services availed of by a person to the account of another person by
tampering with or manipulating any computer, computer system or computer
network;
then the above said activities shall be treated as offences of the said person.
(2) If any person commits offence under sub-section (1) of this section, he shall be
punishable with imprisonment for a term which may extend to ten years, or with fine which may extend
to Taka ten lakhs, or with both.
Explanation.--For the purpose of this section--
(i) "computer contaminant" means any set of computer instructions that are designed--
(a) to modify, destroy record, transmit data or program residing within a computer,
computer system or computer network; or
(b) by any means to usurp the normal operation of the computer, computer system or
computer network;
(ii) "computer database" means a representation information, knowledge, facts, concepts or
instructions in the form of text, image, audio or video that--
(a) are being prepared or have been prepared in a formalized manner by a computer,
computer system or computer network; and
(b) are intended for use in a computer, computer system or computer network;
(iii) "computer virus" means such computer instruction, information, data or program, that--
(a) destroys, damages, degrades or adversely affects the performance of a computer
resource; or
(b) attaches itself to another computer resource and operates when a program, data or
instruction is executed or some other event takes place in that computer;
(iv) "damage" means to destroy, alter, delete, add, modify or rearrange any computer resource
by any means.
55. Punishment for tampering with computer source code.--(1) Whoever intentionally or
knowingly conceals, destroys or alters or intentionally or knowingly causes other person to conceal,
destroy or alter any computer source code used for a computer, computer program, computer system or
computer network, when the computer source code is required to be kept or maintained by any law for
time being in force, then this activity of his will be regarded as offence.
(2) Whoever commits offence under sub-section (1) of this section he shall be punishable
with imprisonment for a term which may extend to three years, or with fine which may extend to Taka
three lakhs, or with both.

15
 Explanation.--For the purpose of this section, "computer source code" means the listing of
programs, computer commands, design and layout and program analysis of computer resources in any
form.
56. Punishment for hacking with computer system.--(1) If any person--
(a) with the intent to cause or knowing that he is likely to cause wrongful loss or damage to
the public or any person, does any act and thereby destroys, deletes or alters any
information residing in a computer resource or diminishes its value or utility or affects
it injuriously by any means;
(b) damage through illegal access to any such computer, computer network or any other
electronic system which do not belong to him;
then such activity shall be treated as hacking offence.
(2) Whoever commits hacking offence under sub-section (1) of this section he shall be
punishable with imprisonment for a term which may extend to ten years, or with fine which may extend
to Taka one crore, or with both.
57. Punishment for publishing fake, obscene or defaming information in electronic form.--
(1) If any person deliberately publishes or transmits or causes to be published or transmitted in the
website or in electronic form any material which is fake and obscene or its effect is such as to tend to
deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or
hear the matter contained or embodied in it, or causes to deteriorate or creates possibility to deteriorate
law and order, prejudice the image of the State or person or causes to hurt or may hurt religious belief
or instigate against any person or organization, then this activity of his will be regarded as an offence.
(2) Whoever commits offence under sub-section (1) of this section he shall be punishable
with imprisonment for a term which may extend to ten years and with fine which may extend to Taka
one crore.
58. Punishment for failure to surrender licence.--(1) Where any Certifying Authority fails to
surrender a licence under section 34 of this Act, the person in whose favour the licence is issued, the
failure of the person shall be an offence.
(2) Whoever commits offence under sub-section (1) of this section he shall be punishable
with imprisonment for a term which may extend to six months, or with fine which may extend to Taka
ten thousands, or with both.
59. Punishment for failure to comply with order.--(1) Any person who fails to comply with
any order made under section 45 of this Act, then this activity of his will be regarded as an offence.
(2) Whoever commits offence under sub-section (1) of this section he shall be punishable
with imprisonment for a term which may extend to one year, or with fine which may extend to Taka
one lakh, or with both.
60. Punishment for failure to comply with order made by the Controller in emergency --
(1) Any person who fails to comply with any order made under section 46 of this Act, then this activity
of his will be regarded as an offence.
(2) Whoever commits offence under sub-section (1) of this section he shall be punishable
with imprisonment for a term which may extend to five years, or with fine which may extend to Taka
five lakhs, or with both.
61. Punishment for unauthorized access to protected systems.--(1) Any person who secures
access or attempts to secure access to protected system in contraventions of section 47 of this Act, then
this activity of his will be regarded as an offence.
(2) Whoever commits offence under sub-section (1) of this section he shall be punishable
with imprisonment for a term which may extend to ten years, or with fine which may extend to Taka
ten lakhs, or with both.
62. Punishment for misrepresentation and obscuring information.--Whoever makes any
misrepresentation to, or suppresses any material fact from the Controller or the Certifying Authority for
obtaining any licence or Digital Signature Certificate shall be regarded as an offence.

16
 (2) Whoever commits any offence under sub-section (1) of this section he shall be
punishable with imprisonment for a term which may extend to two years, or with fine which may
extend to Taka two lakhs, or with both.
63. Punishment for disclosure of confidentiality and privacy.--Save as otherwise provided
by this Act or any other law for the time being in force, no person who, in pursuance of any of the
powers conferred under this Act, or rules and regulations made thereunder, has secured access to any
electronic record, book, register, correspondence, information, document or other material shall,
without the consent of the person concerned, disclose such electronic record, book, register,
correspondence, information, document or other material to any other person shall be regarded as an
offence.
(2) Whoever commits any offence under sub-section (1) of this section he shall be punishable
with imprisonment for a term which may extend to two years, or with fine which may extend to Taka
two lakhs, or with both.
64. Punishment for publishing false Digital Signature Certificate.--No person shall publish a
Digital Signature Certificate or otherwise make it available to any other person knowing that--
(a) the Certifying Authority listed in the certificate has not issued it; or
(b) the subscriber listed in the certificate has not accepted it; or
(c) the certificate has been revoked or suspended;
unless such publication is for the purpose of verifying a digital signature created prior to such
suspension or revocation and by breaching the rules such Digital Signature Certificate is published or
otherwise make it available to others shall be regarded as an offence.
(2) Whoever commits any offence under sub-section (1) of this section he shall be
punishable with imprisonment for a term which may extend to two years, or with fine which may
extend to Taka two lakhs, or with both.
65. Punishment for publishing Digital Signature Certificate for fraudulent purpose etc.--
Whosoever knowingly creates and publishes or otherwise makes available a Digital Signature
Certificate for any fraudulent or unlawful purpose shall be regarded as an offence.
(2) Whoever commits any offence under sub-section (1) of this section he shall be
punishable with imprisonment for a term which may extend to two years, or with fine which may
extend to Taka two lakh, or with both.
66. Punishment for using computer for committing an offence.--(1) Whosoever knowingly
assists committing crimes under this Act, using any computer, e-mail or computer network, resource or
system shall be regarded as an offence.
(2) Whoever aids committing any offence under sub-section (1) of this section he shall be
punishable with the punishment provided for the core offence.
67. Offences committed by companies etc.--If any offence is committed by a company under
this Act, then each director, manager, secretary, partner, officer and staff of the company who has
directly involvement in committing the said offence shall be guilty of the offence or the contraventions,
as the case may be, unless he proves that the offence or contravention was committed without his
knowledge or that he exercised sue diligence in order to prevent commission of such offence or
contravention.
Explanation.—For the purposes of this section.—
(a) “company” means any body corporate and includes commercial firm, partnership
business, cooperatives, association, organization or other association of individuals;
and
(b) “director” in relation to a commercial firm includes a partner or member of Board of
Directors.

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 Part-2
Establishment of Cyber Tribunal, Investigation of Offences, Adjudication,
Appeal Etc.
68. Establishment of Cyber Tribunal.—(1) The Government shall, by notification in the
Official Gazette, establish one or more Cyber Tribunals to be known as Tribunal at times for the
purposes of speedy and effective trials of offences committed under this Act.
(2) Cyber Tribunal established under sub-section (1) of this section in consultation with the
Supreme Court shall be constituted by a Session Judge or an Additional Session Judge appointed by
the Government; and similarly appointed a Judge to be known as “Judge, Cyber Tribunal.”
(3) Local jurisdiction of entire Bangladesh or jurisdiction of one or more Session Divisions
can be given to the Cyber Tribunal established under this Act; and the Tribunal only prosecutes the
offences committed under this Act.
(4) The on-going prosecution of any case of any Session Court shall not be suspended or
transferred automatically to the Tribunal of local jurisdiction concerned due to tendering of local
jurisdiction of entire Bangladesh or parts of jurisdiction constituted by one or more Session Divisions
to the Tribunal established by the Government later on, however, the Government by notification in the
Official Gazette, transfer the case to the Tribunal having special local jurisdiction.
(5) Any Tribunal, taken decision otherwise, shall not be bound to retaking statement of
witness who has already given statement, or taking rehearing or begin again any other activities already
undertaken under sub-section (1) of this section, however, the Tribunal shall continue the prosecution
from where it stood on the basis of already taken or presented statement from the witness.
(6) The Government, by order, shall define the place and time; accordingly the special
Tribunal shall conduct its activities from that place and time.
69. Trial procedure of Cyber Tribunal.--(1) Without written report of a police officer not
below the rank of Sub-Inspector or the prior approval of the Controller or any other officer authorized
by the Controller the special Tribunal shall not accept any offence trial.
(2) The Tribunal shall follow the rules mentioned in the Chapter 23 of the Code of
Criminal Procedure, if they are not inconsistent with the rules of this Act, which is used in Session
Court.
(3) Any Tribunal shall not suspend any prosecution without having written reasons and
unless it is required for the sake of just adjudication.
(4) If the Tribunal is in the opinion that the accused person has been absconded and for that
it is not possible to arrest him and produce him before the Tribunal and there is no possibility to arrest
him immediately, in that case the Tribunal can order the accused person to appear before the Tribunal
by publishing such order in two mass circulated national Bengali dailies and if the accused person fails
to do so, the prosecution shall take place in his absence.
(5) The rules mentioned in sub-section (4) of this section shall not be applicable if the
accused person fails to appear before the Tribunal or absconded after getting bail.
(6) The Tribunal can order any police officer, or the Controller, or any officer authorized
by the Controller, as the case may be, to reinvestigate the case and submit the report within the
stipulated time of its own initiative or any application lodged to the Tribunal,
70. Application of code of criminal procedure in the activities of Tribunal.—(1) Rules of
Code of Criminal Procedure, as far as, are not inconsistent with the rules of this Act shall be applicable
in the activities of this Tribunal and it will have all the power as exercised by the Session Court.
(2) The person prosecuting the case on behalf of the Government in this tribunal to be
known as public prosecutor.
71. Rules relating to bail.—The Judge of Cyber Tribunal shall not bail any person accused in
committing crime under this Act, which is punishable, unless--
(a) Hearing opportunity is given to the Government side on similar bail orders;
(b) The Judge is satisfied that,--

18
 (i) There is reasonable cause to believe that the accused person may not be
proved guilty in the trial;
(ii) The offence is not severe in relative term and the punishment shall not be
tough enough even the guilt is proved.
(c) He writes down the reasons of similar satisfactions.
72. Time limit to deliver verdict.--(1) The Judge of Cyber Tribunal shall give the verdict
within ten days from the date of completing of taking evidence or debate, what happened later, unless
he extends the time limit no more than ten days with having written reasons.
(2) If the verdict is given by the Cyber Tribunal under sub-section (1) of this section or any
appeal is lodged against the verdict to the Cyber Appellate Tribunal then Cyber Tribunal or Cyber
Appellate Tribunal concerned shall forward the copy of the verdict of the appeal to the Controller for
preserving it in the electronic records repository room established under section 18 (7) of this Act.
73. Prescribed timeframe for dissolving cases by Cyber Tribunal.—(1) The Judge of Cyber
Tribunal shall complete the prosecution within six months since the date of filing the charge sheet.
(2) If the Judge of Cyber Tribunal fails to complete the prosecution within the time limit
fixed under sub-section (1) of this section can extend the time limit another three months having
written the reasons.
(3) If the Judge of Cyber Tribunal fails to complete the prosecution within the timeframe
fixed under sub-section (2) of this section can continue the prosecution process having written the
reasons and submitted it as a report to the High Court and the Controller.
74. Prosecution of offence by Session Court.—Whatever is contained in the Code of Criminal
Procedure, until the special tribunal has not been established, the Session Court shall prosecute any
offence committed under this Act.
75. Prosecution procedure followed by the Session Court.—(1) To prosecute any offence
committed under this Act which is trialed in Session Court, Session Court shall follow the rules
mentioned in section 23 of the Code of Criminal Procedure which is applicable in Session Court trial.
(2) Any Session Court shall not accept any prosecution/trial of any offence committed
under this Act without any written report from the police officer not below the rank of Sub-Inspector of
the Police and prior approval of the Controller or any officer authorized by the Controller, whatever is
contained in the Code of Criminal Procedure.
76. Investigation of crime, etc.—(1) Whatever is contained in the Code of Criminal Procedure,
the Controller or any officer authorized by the Controller, or any police officer not below the rank of
Sub-Inspector of the Police shall investigate any offence committed under this Act.
(2) Offence committed under this Act shall be non-cognizable offence.
77. Confiscation.—(1) Any computer, computer system, floppies, compact disks (CDs), tape
drives or any other accessories related thereto, in respect of which any provision of this Act, rules,
orders or regulations made thereunder has been or is being contravened, or in respect of which any
offence has been committed, shall be liable to confiscation by an order of the court trying an offence or
contravention.
(2) If the court is satisfied, that the computer, computer system, floppies, compact disks
(CDs), tape drives or any other accessories belonging to a person or under control of him related
thereto, in respect of which any provision of this Act, rules, orders or regulations made thereunder has
not been responsible to contravene, or committing an offence, then the computer, computer system,
floppies, compact disks (CDs), tape drives or any other accessories shall not be confiscated.
(3) If any legal computer, computer system, floppies, compact disks (CDs), tape drives or
any other accessories is found with the computer, computer system, floppies, compact disks (CDs),
tape drives or any other accessories which is confiscated under sub-section (1) of this section shall also
be confiscated.
(4) Any computer or other relevant accessories belonging to the Government or Body
Government Authority is used to commit an offence under sub-section (1) of this section, whatever
contained in this section, shall not be confiscated.

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 78. Penalties or confiscation no bar against other punishments.—No penalty imposed or
confiscation made under this Act shall prevent the imposition of any other punishment to which the
person affected thereby may be liable under any other law for the time being in force.
79. Network service providers not to be liable in certain cases.—For the removal of doubts,
it is hereby declared that no person providing any service as a network service provider shall be liable
under this Act, or rules and regulations made thereunder, for any third party information or data made
available by him if he proves that the offence or contravention was committed without his knowledge
or that he had exercised due diligence to prevent the commission of such offence or contravention.
Explanation.—For the purposes of this section,--
(a) “network service provider” means an intermediary;
(b) “third party information” means any information dealt with by a network service
provider in his capacity as an intermediary.
80. Power of seize or arrest in public place, etc.—Any investigation taken under this Act, the
Controller, or any officer of Government authorized by the Government or any police officer not below
the rank of a Sub-Inspector of Police are in opinion that an offence has been committed or being
committed or offence which is punishable under this Act has been committed, then having written the
reasons, may enter the public place and search and seize the germane materials and arrest the
concerned person or the offender.
81. Procedure of search, etc.—The provisions of the Code of Criminal Procedure shall, subject
to the provisions of this Act, apply, so far as may be, in relation to all investigations, entry, search and
arrest made under this Act.

Part-3
Establishment of Cyber Appellate Tribunal, Etc.

82. Establishment of Cyber Appellate Tribunal.—(1) The Government shall, by notification

in the Official Gazette, establish one or more Cyber Appellate Tribunals to be known as Appellate
Tribunal.
(2) Cyber tribunal established under sub-section (1) of this section shall consist of one
Chairman and two members to be appointed by the Government.
(3) A person shall not be qualified as the Chairman of a Cyber Appellate Tribunal unless
he is, or has been, or is qualified to be, a Judge of the Supreme Court and one of the members shall be
serving in judicial department or retired District Judge and the other member shall be a person having
adequate knowledge and experience in information and communication technology.
(4) Chairman and members shall be retained in the positions since the date of joining
between no less than three years and no more than five years and their terms of reference shall be
determined by the Government.
83. Procedure and powers of Cyber Appellate Tribunal.--(1) Cyber Appellate Tribunal shall
have the power to hear appeal and dissolving the verdict and order given by Cyber Tribunal and
Session Court, as the case may be.
(2) In case of hearing and dissolving the appeal, Cyber Appellate Tribunal shall follow the
procedure defined by rules and if the rules do not exist in that case Appellate Tribunal shall maintain
the procedure in relation to hearing and dissolving of criminal appeal followed by the High Court
Division of the Supreme Court.
(3) Cyber Appellate Tribunal shall have the power to retain, revoke, alter, or rectify the
verdict or order made by the Cyber Tribunal.
(4) The decision made by the Appellate Tribunal shall be final.
84. Appeal procedure in case of not establishing Cyber Appellate Tribunal.--If the Cyber
Appellate Tribunal has not been established, whatever contained in the Code of Criminal Procedure,

20
appeal shall be lodged in the High Court Division of Supreme Court against the verdict and order given
by the Session Court or Cyber Tribunal, as the case may be.

Chapter IX
MISCELLANEOUS

85. Public servants.--The Controller, the Deputy Controller, the Assistant Controller or any
person empowered under this Act to exercise his power and carrying out the tasks shall be deemed to
be public servants within the meaning of section 21 of Penal Code.
86. Protection of action in good faith.--No suit, prosecution or other legal proceedings shall lie
against the Government, the Controller, the Deputy Controller, the Assistant Controller or any person
acting on his behalf, for anything which is in good faith done or intended to be done in pursuance of
this Act or any rule, regulation, order or direction made thereunder.
87. Augmented use of few definitions used in few acts.--For the purpose of this Act,--
(a) The definition of "document" in section 29 of Penal Code, 1860 (Act XLV of 1860)
also includes the document generated or prepared by electronic machine or
technology;
(b) The definition of "document" in section 3 of Evidence Act, 1872 (Act I of 1872) also
includes the document generated or prepared by electronic machine or technology;
(c) The definition of "bankers books" in section 2, Clause (3) of Banker's Books
Evidence Act, 1891 (Act XVIII of 1891) also includes the books viz. ledgers, day-books, cash-books,
account-books and all other books generated or prepared by electronic machine or technology;
88. Power of Government to make rules.--The Government may, by notification in the
Official Gazette and in the Electronic Gazette, make for all or any of the following rules for carrying
out of this Act:
(a) the manner in which any information or matter may be authenticated or any
document may be signed by means of digital signature;
(b) the electronic form in which filing, issue, grant or payment;
(c) the manner and format in which electronic records shall be filed, or issued and the
method of payment;
(d) the matters relating to the type of digital signature, manner and format in which it
may be affixed;
(e) the qualifications, experience and terms and conditions of service of the Controller,
Deputy Controllers and Assistant Controllers;
(f) other standards to be observed by the Controller;
(g) the requirements which an applicant must fulfill;
(h) the period of validity of licence;
(i) the format in which an application may be made;
(j) the amount of fees payable with application for licence;
(k) such other document which shall accompany an application for licence;
(l) the form of application for renewal of a licence and the fee payable;
(m) the form in which application for issue of a Digital Signature Certificate and the
amount of fees payable;
(n) the qualifications and experience of Chairman and members of Cyber Appeal
Tribunal;

21
 (o) the form in which appeal may be filed;
(p) the procedure of investigation;
(q) other such necessary matters.
89. Power of Controller to make regulations.--The Controller with prior approval of the
Government, by notification in the Official Gazette and in the Electronic Gazette, make for all or any
of the following regulations:--
(a) the particulars relating to maintenance of database containing the disclosure record of
every Certify Authority;
(b) the conditions and restrictions subject to which the Controller may recognize any
foreign Certifying Authority;
(c) the terms and conditions subject to which a licence may be granted;
(d) other standards to be observed by a Certifying Authority;
(e) the manner in which the Certifying Authority shall disclose the particular matters;
(f) the particulars of statement which shall accompany an application.
90. Original script & English script.--The original script shall be in Bengali and there shall be
a dependable English transcription of it.
Provided that any conflict arises between Bengali & English scripts the Bengali script shall get
domination.

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 THE BANGLADESH TELECOMMUNICATION ACT, 2001
(Act No. XVIII of 2001)

INDEX

Sections
CHAPTER I
PRELIMINARY MATTERS
1. Short title and commencement.

2. Definitions.

3. Application.

4. Application of other laws etc. relating to telecommunication.

5. Act to override other laws.

CHAPTER II
ESTABLISHMENT AND
COMPOSITION OF COMMISSION
6. Establishment etc. of Commission.

7. Constitution of Commission.

8. Office of Commission.

9. Appointment and tenure of Commissioners.

10. Qualification and disqualification of Commissioners.

11. Duty of Commissioner regarding certain interest of family-

members.

12. Resignation and removal of Commissioners.

13. Casual vacancy in a Commissioner’s office.

14. Chief executive.

15. Meetings of Commission.

16. Committee.

17. Status, remuneration and privileges of Commissioners.

18. Appointment of secretary, officer-employees etc. of Commission.

19. Appointment of personnel on deputation from other

organization.

20. Employment outside the Commission.

CHAPTER III
FINANCIAL MATTERS OF COMMISSION
21. Bangladesh Telecommunication Regulatory Commission Fund.

22. Annual budget statement.

23. Power to raise loan.

24. Charge etc. for services provided by Commission.

25. Exemption from income tax.

26. Realisation of dues.

27. Accounts and Audit.

28. Report.

CHAPTER IV
BROAD OBIECTVES, POWERS AND FUNCTIONS
29. Broad objectives of Commission.

30. Functions of Commission.

31. Powers of Commission.

32. Delegation of power by Commission.

33. Functions of the Ministry.

34. Powers of Government.

CHAPTER V
Licences for telecommunication etc.
35. Requirement for licence for telecommunication, internet etc.

36. Exclusive authority of Commission to issue licence and its

Page 2 of 87
 procedure.

37. Conditions of licence.

38. Renewal of licence.

39. Amendment of conditions of licence.

40. Restrictions on according commercial permission for use of

telecommunication system.

41. Commission’s jurisdiction in case of limiting operator’s liability.

42. Right of way.

43. Refusal of consent of owner etc. to the exercise of right of way.

44. Compensation.

45. Compulsory acquisition of private land for licensee’s necessity.

46. Cancellation and suspension of licence.

47. Interconnection.

CHAPTER VI
Tariff, Charge etc.
48. Approval of tariff.

49. Principles of determination of tariff by Commission.

CHAPTER VII
Standard of telecommunication apparatus and service
50. Discriminatory charges prohibited.

51. Standard of telecommunication apparatus.

52. Technical standard etc. of terminal apparatus.

53. Search etc. of harmful interference.

54. Determination of the standards of telecommunication.

CHAPTRE VIII
Radio communication and Spectrum Management
55. Necessity for licence for radio apparatus, authority, procedure
etc.

Page 3 of 87
56. Spectrum Management Committee.

57. Technical Acceptance Certificate.

58. Monitoring and control of emission of electro-magnetic energy.

CHAPTER IX
Receipt and disposal Consumer-complains
59. Provisions relating to receipt and disposal of consumer-
complains.

CHAPTER X
Inspection and Compulsory Enforcement
60. Appointment of Inspector.

61. Powers of Inspector.

62. Prima facie truth of Inspector’s certificate or report.

63. Issue of enforcement order and penalty for its violation.

64. Commission’s power to issue injunction on current or probable

violation.

65. Administrative fines.

CHAPTER XI
Offence, Penalty, Investigation and Trial
66. Penalty for sending false message etc. by using radio or
telecommunication.

67. Penalty for causing interference in radio communication and

telecommunication.

68. Penalty for misuse of radio or telecommunication apparatus by

employee.

69. Penalty for sending obscene, indecent message etc.

70. Penalty for causing annoyance by telephone calls.

71. Penalty for eaves dropping telephone conversation.

72. Penalty for trespass, unlawful stay, causing damage to apparatus

obstruction to operation activity etc.

73. Other offences and penalties.

Page 4 of 87
74. Penalty for abetment of offence.

75. Provision in regulations relating to offence, penalty,

compensation.

76. Offence by company.

77. Jurisdiction of courts relating to cognizance and trial of offences.

78. Lodgement of complaint and procedure of investigation.

79. Application of Criminal Procedure Code.

80. Assistance to Public Prosecutor etc. by Officer of Commission.

81. Confiscation of apparatus etc.

82. Disposal of realized administrative fine and fine for Commission

of offences.

83. Right to civil suits and other remedies for unlawful disclosure of
message.

84. Supply of accounts and information to Commission.

85. Access to information and confidentiality.

86. General inquiry and decision thereon.

87. Public hearing and its procedure.

88. Summoning witnesses and producing evidence in public hearing.

CHAPTER XIII
Transitional provisions,
transfer of rights and liabilities
89. Certain matters under Act XIII of 1885 and XVII of 1933 to be
vested in the Commission.

90. Existing licences and other authorizations to continue for limited

period.

91. Radio frequency allocated before commencement of Act to

continue for limited period.

92. Approval of pre-commencement tariff.

93. Bangladesh Telegraph and Telephone Board deemed to be

licensee.

Page 5 of 87
 CHAPTER XIV
Miscellaneous
94. Public Servant.

95. Indemnity.

96. Acquisition of radio apparatus, telecommunication system.

97. Preferential right of Government in emergency.

98. Power to make rules.

99. Power to make regulations.

100. Abolition etc. of Project.

101. Government’s power to remove difficulty.

102. Publication of Translated English text of the Act.

Page 6 of 87
 THE BANGLADESH TELECOMMUNICATION ACT,
2001
[ The Act (in Bangla) was assented to by the President on 16
April, 2001 (3 Baishakh, 1408) and published by the
Bangladesh Parliament in the Bangladesh Gazette, Extra-
ordinary issue of 16 April, 2001. ]
Act No. 18 of 2001
CHAPTER I
PRELIMINARY MATTERS
An Act to provide for the establishment of an independent
Commission for the purpose of development and efficient regulation of
telecommunication system and telecommunication services in Bangladesh
and matters ancillary thereto ;

Whereas it is expedient to provide for the establishment of an

independent Commission for the purpose of development and efficient
regulation of telecommunication system and telecommunication services in
Bangladesh and for the transfer of the powers and functions of the Ministry of
Post and telecommunication to the Commission and matters ancillary thereto;

Now, therefore, it is hereby enacted as follows:-

1. Short title and commencement.- (1) This Act may be cited as the
Bangladesh Telecommunication Act, 2001.
(2) It shall come into force on such date as the Government may, by
notification in the official Gazette, specify.

**2. Definitions.- In this Act, except where the subject or context otherwise
requires-
“broadcasting” means transmission of any message, information, signal,
sound, image or intellectual expression by radio wave, satellite, cable or
optical fibre connection for the purpose of receipt by the public, but
transmission of anything by Internet connection shall not be deemed to be a
broadcasting {ref. clause (30)};

[**N.B.- The definitions are arranged in English alphabetical order and

the reference to the relevant clause of this section is
mentioned at the end of each definition within brackets.]

Page 7 of 87
“Chairman” means the Chairman of the Commission {ref. clause (9)};
“charge” means a charge to be paid for the service provided by the
Commission or an operator {ref. clause (10)};
“Commission” means the Bangladesh Telecommunication Regulatory
Commission established under section 6 {ref. clause (3)};
“Commissioner” means the Chairman or any other Commissioner of the
Commission {ref. clause (4)};
“consumer” means a person who takes telecommunication service from
an operator {ref. clause (8)};
“Criminal Procedure Code” means the Code of Criminal Procedure,
1898 (Act V of 1898) {ref. clause (23)};
“employee” includes an officer {ref. clause (5)};
“harmful interference” means an adverse effect of electro-magnechtic
energy created from an emission, radiation or induction that-
(a) endangers the use or workability of radio communication
system; or
(b) significantly reduces or obstructs the use or workability of
radio apparatus, or interrupts such use or workability {ref.
clause (6)};
“interference causing apparatus” means an apparatus or device, other
than radio apparatus, that interferes or is of capable of causing
interference in radio communication {ref. clause (17)};
“Inspector” means a person appointed as an Inspector under section 60
{ref. clause (18)};
“interconnection” means the visible or invisible or logical linkinking of
more than one telecommunication network in order to enable the users of
one network to communicate among themselves or to communicate with
the users of another network or to avail themselves of the service of the
other network {ref. clause (2)};
“interested party” means a person who is interested in the development
of telecommunication or who has applied for a licence for establishing

Page 8 of 87
or operating telecommunication system or for providing
telecommunication service, or who is interested in the activities that may
be undertaken under a licence {ref. clause (1)};
“licence” means a licence issued or deemed to have been issued by the
Commission under this Act for establishing or operating a
telecommunication system or for providing telecommunication service
or for operating or maintaining such system or service or for using a
radio apparatus {ref. clause (29)};
“Minister” means the Minister in charge of the Ministry or Division
dealing with post and telecommunication {ref. clause (27)};
“Ministry” means the Ministry or Division dealing with post and
telecommunication {ref. clause (28)};
“operator” means a person licenced for establishing or operating a
telecommunication system or providing telecommunication service or
operating a system which is the combination of more than one of those
facilities {ref. clause (19)};
“permit” means a permit issued or deemed to have been issued under
section 40(2) or CHAPTER-XIII {ref. clause (21)};
“person” includes an individual having natural personality, a
partnership, society, company, corporation, co-operative society and
statutory body {ref. clause (24)};
“radio apparatus” means a device or combination of more than one
device suitable for use in radio communication {ref. clause (25)};
“radio communication or radio” means emission, transmission or
reception of any sign, signal, picture, image, symbol or sound by means
of radio wave of a frequency lower than 3000 Ghz and propagated in the
space without any artificial guide {ref. clause (26)};
“regulation” means regulations made under this Act {ref. clause (20)};
“Spectrum Management Committee” means the Spectrum
Management Committee constituted under section 56 of this Act {ref.
clause (31)};

Page 9 of 87
“tariff” means a tariff approved by the Commission under CHAPTER-
VI of this Act or a tariff mentioned in section 92 {ref. clause (16)};
“technical acceptance certificate” means a technical acceptance
certificate issued by the Commission under section 57 {ref. clause (7)};
“telecommunication” means transmission and reception of any speech,
sound, sign, signal, writing, visual image or any other intellectual
expression by way of using electricity or electro-magnetic or electro-
chemical or electro-mechanical energy through cable, pipe, radio,
optical fibre or other electro-magnetic or electro-chemical or electro-
mechanical or satellite communication system {ref. clause (11)};
“telecommunication apparatus” means an apparatus used for
transmission or reception of anything that falls within the purview of the
definition of telecommunication {ref. clause (12)};
“telecommunication network” means a combination of a set of nodes
and links that establish telecommunication between two or more points
{ref. clause (14)};
“telecommunication service” means any of the following services:-
(a) transmission or reception, with the help of a
telecommunication system, of anything that falls within
the purview of the definition of telecommunication;
(b) any value added telecommunication service (e.g. fax,
voice mail, paying service);
(c) internet service;
(d) supply of information or directory relating to a
telecommunication system for the convenience of using a
service intentioned in (a), (b) and (c) above;
(e) a service for installation, or maintenance of
telecommunication apparatus, or a service relating to the
adjustment, alteration, repair, moving or replacement of
such apparatus {ref. clause (15)};
“telecommunication system” means a combination of the
telecommunication apparatus (e.g. switching system, transmission

Page 10 of 87
 apparatus, terminal apparatus, satellite etc.) whether or not these
equipments are visibly connected with one an-other, or whether or not
they are combinedly used in the transmission or reception of any
information or message {ref. clause (13)};
“terminal apparatus” means a telecommunication apparatus which is
used by a consumer of telecommunication service for sending or
receiving an information or message through a telecommunication
system {ref. clause (22)};
“universal service” means providing telecommunication service to any
citizen of Bangladesh or to other persons irrespective of their place of
stay or occupation in Bangladesh {ref. clause (32)}.

3. Application.- (1) This Act shall extend to the whole of Bangladesh and
also to the following :-
(a) any vehicle, vessel, aircraft or satellite;
(b) any platform, rig or other structure that is fixed in the sea
or attached to the submarine land :
Provided that if Bangladesh is a party to an international treaty, or an
arrangement of similar nature in relation to a foreign vehicles, vessels, aircrafts
or satellites, this Act shall apply subject to such treaty or arrangement.
(2) This Act shall not apply to the following:-
(a) any broadcasting;
(b) a radio broadcasting station or a television broadcasting
station or licensing of such station;
(c) broadcasting apparatus or an apparatus for receiving any
message or other information or a programme transmitted
by way of broadcast, or the business of such apparatus;
Provided that this Act shall apply to the following :
(i) allocation of frequency for such radio
station or television station or
broadcasting apparatus, or control of
the allocated frequency;

Page 11 of 87
 (ii) use of a telecommunication apparatus
in combination with broadcasting
apparatus or use of
telecommunication apparatus for the
purpose of broadcasting.
(3) The Government may, by an order notified in the official Gazette,
exempt any person or class of persons, or any particular telecommunication
apparatus or radio apparatus or any particular service from the operation of any
or all the provisions of this Act or of the regulations made thereunder.

4. Application of other laws etc. relating to telecommunication.- (1)

The Telegraph Act, 1885 (XIII of 1885) and The Wireless Telegraphy Act,
1933 (XVII of 1933) shall, subject to the provisions of this Act, apply and
where, in relation to any matter, this Act conflicts with any of those two Acts,
the provisions of this Act shall prevail.
(2) For the purposes of performing the functions under this Act, the
provisions of the rules or regulations made or other similar instruments, order,
instructions or directions issued, under the aforesaid two Acts shall apply, so
far as they are consistent with the provisions of this Act, until such rules,
regulations, other similar instruments, order, instruction or directions are
repealed by the Commission.

5. Act to override other laws.- Notwithstanding any contrary provisions

of any other law, the provisions of this Act shall have effect.

Page 12 of 87
 CHAPTER II
ESTABLISHMENT AND CONSTITUTION OF COMMISSION
6. Establishment etc. of Commission.- On the commencement of this
Act, a Commission to be known as the Bangladesh Telecommunication
Regulatory Commission shall be established.
(2) The Commission shall be a body corporate having perpetual
succession and a common seal, and shall have rights to acquire and hold
movable and immovable property, to transfer such property, to enter into
contract, to undertake any other activity and to take any action under this Act;
and it can sue and be sued in its own name.
(3) The common seal of the Commission shall be of such size and
shall contain such particulars as the Commission may determine; it shall be
kept in the custody of the Chairman and shall be used in such cases as the
Commission may determine :
Provided that the common seal shall not be used on any document
unless the Chairman and another Commissioner are present; and they shall, to
mark their presence, sign the document on which the seal is so used.

7. Constitution of Commission.- (1) The Commission shall consist of 5

(five) Commissioners, and the Government shall appoint one of them to be the
Chairman and another to be the Vice-Chairman.
(2) At least two of the Commissioners shall be engineers as specified
in clause (a) of sub-section 10(1), and at least one shall be a person as specified
in clause (b) of that sub-section, and another shall be a person as specified in
clause (c) of that sub-section.
(3) No act or proceedings of the Commission shall be illegal nor shall it be called
in question in any court only on the ground of a vacancy in the office of a
Commissioner or a defect in the constitution of the Commission.
8. Office of Commission.- The principal office of the Commission shall be
situated in Dhaka, however the Commission may, with prior approval of the
Government, establish branch office at any place of the country.

Page 13 of 87
9. Appointment and tenure of Commissioners.- (1) The Commissioners
shall be appointed by the Government and they shall perform their functions on
full-time basis.
(2) A Commissioner shall, subject to the provisions of this Act,
remain in office for a period of three years from the date of his appointment
and he may be re-appointed for only one more tenure of that duration :
Provided that no person shall be eligible for appointment to, or holding
the office of, Commissioner if he attains the age of 65 (sixty five) years.

10. Qualifications and disqualifications of Commissioners.- (1) A

Commissioner shall be a person who-
(a) is an engineer having at least 15 years’ practical
experience in the field of telecommunication;
(b) is an advocate or a judge having 15 years’ practical
experience in law including the qualification for
appointment of a judge of the High Court Division;
(c) has 15 (fifteen) years’ practical experience in business or
industry or finance or economics or protection of
consumer interest or management or administration.
(2) No person shall be qualified for appointment to, or for holding,
the office of Commissioner, who-
(a) is not a citizen of Bangladesh;
(b) has been elected a member of the Parliament or of any
local government or has been nominated as a candidate for
such election;
(c) has been declared or identified by the Bangladesh Bank or
by a bank or financial institution or by the court as a
defaulter loanee of that bank or institution;
(d) has been declared by the court as a bankrupt and has not
been discharged from that liability;
(e) has been, on conviction for a criminal offence involving
moral turpitude, sentenced to imprisonment for a term of

Page 14 of 87
 two years or more, and a period of five years has not
elapsed his since release from such imprisonment;
(f) is, after being appointed Commissioner, directly engaged
in any income generating activity outside the
responsibilities of his office;
(g) is, in the capacity of an owner, shareholder, director,
officer, partner or consultant, directly or indirectly
interested in the following :-
(i) a firm or company or other organization which
requires a licence or technical acceptance certificate
or permit under this Act for establishing or
operating a telecommunication system or for
providing telecommunication service :
Provided that a member or officer of the
board of directors, by whatever name called, of a
statutory body may be appointed as a
Commissioner if he discontinues his service in that
body; or
(ii) any farm or company or corporation or other
organization which is a telecommunication operator
in a foreign country, or which manufactures or
distributes telecommunication apparatus or radio
apparatus in a foreign country, or which carries on
business or provides telecommunication services in
Bangladesh;
(h) is unable to perform the functions of his office due to
physical or mental incapacity; or
(i) fails to comply with the provisions of sub-section (3) in
time.
(3) If, by virtue of a will, gift or inheritance or otherwise, the
interests prohibited by sub-section (2)(g) is vested in, or acquired or held by, a
Commissioner-

Page 15 of 87
 (a) he shall, within 3 (three) months of his appointment as
Commissioner or of his knowledge about such interest,
inform by issuing a written notice to all other
Commissioners of the fact of holding or acquiring such
interest and the nature and value thereof; and
(b) the Chairman shall, with 15 (fifteen) days, issue a notice
calling a meeting of the Commissioners, but where the
Chairman himself has given such notice, the Vice-
Chairman shall call this meeting; and where both the
Chairman and Vice-Chairman have given such notice, any
other Commissioner may call this meeting; and
(c) the Commission may, after consideration of the nature and
value of the interest, direct the Commissioner to dispose of
the interest and he shall be bound to dispose it of
accordingly; and
(d) the Commission shall immediately send a copy of such
direction to the Ministry :
Provided that the Commissioner acquiring or holding such
interest shall not have right to vote on the matter, although he shall be
allowed to remain present in the meeting so that he may explain his
position.

11. Duty of Commissioner regarding certain interest of family-

members.- (1) If a member of any Commissioner’s family acquires or holds
any interest specified in section 10(2)(g), he shall, within three months of his
appointment as Commissioner or of his knowledge about such interest, inform
the Commission in writhing of the nature and value thereof.

Explanation:- In this sub-section “family” means the father, mother, husband

or wife, son, daughter, step-son and step-daughter of the Commissioner.
(2) If a member of a Commissioner’s family acquires or holds such
interest in a firm, company, corporation or other organization, the
Commissioner shall not have a right to vote in the meeting where the

Page 16 of 87
Commission takes any decision in respect of that firm, company, corporation or
other organization, although the Commissioner may remain present in the
meeting.

12. Resignation and removal of Commissioners.- (1) Any Commissioner

may resign from his office by sending to the Government a written notice of
three months, and a copy thereof to the Chairman or, where the Chairman
himself resigns, to the Vice-Chairman :
Provided that despite such resignation the Government may, pending
formal acceptance thereof, request the resigning Commissioner to continue to
perform his functions.
(2) A Commissioner may be removed from office, if -
(a) any situation specified in clauses (a) to (g) of sub-section
10(2) occurs; or
(b) he is found guilty of corruption, misuse of power, gross
misconduct or gross negligence in duty.
(3) If the Government is of opinion that a Commissioner is unfit to
hold that office on any ground specified in sub-section (2), the Government
shall constitute an Enquiry Committee consisting of one or more judges of the
Supreme Court, and shall also specify in the order by which the committee is
constituted the time limit for submission of the enquiry report.
(4) The Committee constituted under sub-section (3) shall, on the
basis of specific information and reasons, submit a report as to whether or not
the allegations brought against the Commissioner have been proved and
whether or not he should be removed from his office, and the Government
shall, as far as possible, take action in accordance with the recommendation
contained in the report.
(5) The Government shall not remove any Commissioner under this
section without giving him an opportunity of showing cause against the
proposed removal.
(6) Where the Enquiry Committee is constituted under sub-section
(3), the Government may, in consideration of the relevant circumstances, direct

Page 17 of 87
the Commissioner to refrain from performing the functions of his office, and
the Commissioner shall be bound to comply with such direction.
(7) The Enquiry Committee shall be deemed to be a Commission
appointed under the Commission of Enquiry Act, 1956 (VI of 1956) and the
provisions of that Act shall, subject to this Act, apply to the Committee.

13. Filling in casual vacancy in Commissioner’s office.- Where the office

of a Commissioner falls vacant due to his death, resignation or removal, the
Government shall, within 30 days of such vacancy, appoint a competent person
to the vacant office.

14. Chief executive.- The Chairman shall be the chief executive of the
Commission; and where the Chairman is unable to perform the functions of his
office due to resignation, removal, absence, illness or any other cause, the
Vice-Chairman shall be competent to exercise all the powers and perform all
the functions and duties of the Chairman till a new Chairman is appointed or,
as the case may be, the existing Chairman is able to resume his office; and
where both the Chairman and Vice-Chairman are unable to perform their
functions and duties, the Government may direct a Commissioner to
temporarily act as the Chairman.

15. Meetings of Commission.- (1) The Commission may, subject to the

provisions of this Act, adopt general or specific resolutions in respect of the
place, time and procedure of its meetings and all the meetings of the
Commission shall be held in accordance with such resolutions :
Provided that until such resolutions are adopted or if no resolution has
been adopted on a specific matter, the meetings of the Commission shall be
held in accordance with the decision of the Chairman.
(2) The presence of three Commissioners including the Chairman or,
as the case may be, the Vice-Chairman, shall constitute quorum for a meeting
of the Commission.
(4) The Chairman and in his absence the Vice-Chairman shall
preside over all meetings of the Commission.

Page 18 of 87
 (5) A decision of the Commission shall be taken in accordance with
the majority votes of the Commissioners present in the meeting, and in case of
equality of votes, the person presiding shall have a second or casting vote.
(6) Any two Commissioners may, in writing, request the Chairman to
call a meeting of the Commissioners for the purpose of holding discussion or
taking decision on a specific issue, and within 7 (seven) days of receipt of such
request the Chairman shall call a meeting.
(7) The Chairman may, for the purpose of presenting opinion,
deliberation, information or explanation on any issue, invite any relevant
person and, subject to the decision of the meeting, the opinion, deliberation,
information or explanation of the person so invited may be recorded in the
proceedings of the meeting.

16. Committee.- The Commission may, for the purpose of assisting it in the
performance of its functions, appoint necessary committees consisting of one
or more Commissioners, or any officer or employee of the Commission or any
other person.

17. Status, remuneration and privileges of Commissioners.- (1) The

Government shall fix the status, remunerations, allowances, privileges and
other conditions of service of the Chairman, Vice-Chairman and other
Commissioners.
(2) After appointment of a person as Commissioner, his status,
remuneration, privileges and other conditions of service shall not be so changed
that the change is unfavourable to him.

18. Appointment of Secretary, officer-employees etc. of Commission.-

(1) The Government shall appoint the Secretary to the Commission.
(2) The duties of the Secretary shall be to fix the agenda in
accordance with the direction of the Chairman and to fix, subject to any
resolution taken by the Commission in this regard, the date and time of the
meetings of the Commission, to prepare the minutes of such meetings, to
preserve the records and other particulars of the actions taken by the

Page 19 of 87
Commission and to perform such other functions and duties as the Commission
may assign to him.
(3) The Commission may, for efficient performance of its functions,
appoint necessary officers and other employees and consultants, and to that
end, it may take all necessary actions including the following:-
(a) with the prior approval of the Government, fixation of the
number of employees to be appointed by the Commission
and their salaries, allowances and other facilities;
(b) on the basis of the approved manpower, determination of
the organizational structure of the Commission and
division thereof into necessary working units, specifying
the functions of such units, and appointment of employees
to posts for which they are competent and effecting their
transfer;
(c) fixation of the fees of consultants with prior approval of
the Government and in accordance with applicable
Government-rules, and payment of such fees;
(d) taking disciplinary actions against employees including
their dismissal from service, and fixation of other
conditions of their service;
(e) establishing provident fund and undertaking other schemes
for the welfare of the employees and exercising control
over, and making contribution to, such fund or scheme.
(4) The appointment and conditions of service of the employees shall
be determined by regulations and until such regulations are made the
Commission may, by administrative order, determine those matters.

19. Appointment of personnel on deputation from other organizations.-

(1) The Commission may, with the consent of the respective controlling
authority, appoint on deputation any employee of the Government or a
statutory body, and such appointment shall be made in accordance with
applicable laws and as agreed between the Commission and the said authority.

Page 20 of 87
 (2) A person appointed under sub-section (1) shall, while serving in
the Commission, be subject to the same discipline and control as the other
employees of the Commission are subjected to.

20. Employment outside Commission.- (1) A Commissioner shall not,

without written approval of the Government, and a full-time officer or
employee of the Commission shall not, without written approval of the
Commission, engage himself in any work for any kind of remuneration or in
any work outside the Commission, nor shall he continue to be engaged in such
work.
(2) Any Commissioner, or any officer or other employee of the
Commission, shall not engage himself, nor shall he continue to be engaged, in
any work which, in the opinion of the Government or the Commission
respectively, may adversely affect the proper discharge of his functions and
duties.

CHAPTER III
FINANCIAL MATTERS OF COMMISSION
21. Bangladesh Telecommunication Regulatory Commission Fund.- (1)
The Commission shall have a fund to be known as the Bangladesh
Telecommunication Regulatory Commission Fund, and grants from the
Government, a statutory body or other local or foreign organization, loans
raised by the Commission, fees and charges paid under this Act and moneys
received from other sources shall be credited to the Fund.
(2) All moneys of the Fund shall be deposited with a scheduled bank
as specified by the Commission and the procedure for withdrawal of money
from that bank shall be determined by the Commission.

Explanation:- “Scheduled bank” means a scheduled bank as defined in section

2(j) of the Bangladesh Bank Order, 1972 (P. O. No 127 of 1972).
(3) The Fund shall be utilized to meet the expenses relating to the
salaries and allowances of the Commissioners and employees and other
necessary expenses of the Commission.

Page 21 of 87
 (4) If any money remains surplus after meeting all the expenses of
the Commission, it shall be credited to the Consolidated Fund of the Republic.

22. Annual budget statement.- Every year, the Commission shall, for the
next financial year, submit to the Government a budget statement within the
time specified by the Government, and in such statement the estimated amount
required from the Government for that financial year shall be specified; and
before commencement of that financial year, the Government shall, on the
basis of that statement, approve the budget of the Commission with or without
modification of the statement.

23. Power to raise loan.- The Commission shall have authority to raise loan
for the purpose of performing its functions under this Act and also to repay
such loan; however approval of the Government shall be necessary in case of
taking a foreign loan.

24. Charge etc. for services provided by Commission.- (1) The

Commission may impose and realize charges or fees or both for the services
provided or to be provided by it in connection with the exercise of its powers
and performing its functions under this Act.
(2) The generality of the authority under sub-section (1) includes the
following:-
(a) framing of one or more schemes for the purpose of
specifying charges or fees for any particular service or all
the services provided or to be provided by the
Commission;
(b) fixation of the rates of, or determination of the accounts
procedure for, such charges and fees by making
regulations or, in the absence of regulations by issuing
executive orders.
(3) Any charge, fee, administrative fine and dues receivable by the
Commission may be realized as public demand.

Page 22 of 87
25. Exemption from tax.- Notwithstanding any contrary provision of any
other law, the Commission shall not be liable to pay any income tax on any
property held or received or any income earned by it and the Commission is
hereby exempted from the payment of such tax.

26. Realisation of dues.- (1) All charges, fees, administrative fines and
other dues receivable by the Commission may be realized by it as a public
demand under the Public Demands Recovery Act, 1913 (Ben. Act III of 1913).
(2) For the purposes of sub-section (1), the Commission may appoint
any of its officers as a Certificate Officer as defined in sub-section 3(3) of that
Act and that officer shall be competent to exercise the powers and perform the
functions of a Certificate Officer under that Act.

27. Accounts and Audit.- (1) The Commission shall maintain accounts of
all moneys received and spent by it; and subject to any general direction given
by the Government, the Commission may determine the procedure for
maintaining such accounts; however such account must accurately and properly
reflect the financial position of the Commission.
(2) Within 60 (sixty) days of the expiry of every financial year, the
Commission shall prepare the Accounts Statement and Financial Statement and
shall, after getting them audited by a chartered accountant firm registered under
the Bangladesh Chartered Accountants Order, 1973 (P.O. No 2 of 1973), make
arrangements for sending such statements to the Ministry for the purpose of
their presentation before the Parliament, and the Ministry shall, as soon as
possible, cause the Statements along with the report specified in section 28 to
be presented before the Parliament.
(3) Apart from the audit specified in sub-section (2), the
Commission, as a statutory public authority within the meaning of the
Comptroller and Auditor General (Additional Functions) Act, 1974 (XXIV of
1974), shall be under the jurisdiction of the Comptroller and Auditor General.

28. Report.- The Commission shall, within 90 (ninety) days of the expiry of
every financial year, send to the Minister a report on the functions of the

Page 23 of 87
Commission during that year, and the Minister shall, as soon as possible, make
arrangements for presentation of the report before the Parliament.

CHAPTER IV
BROAD OBIECTVES, POWERS AND FUNCTIONS
29. Broad objectives of Commission.- The broad objectives of the
Commission are as follows:-
(a) to encourage the orderly development of a
telecommunication system that enhances and strengthens
the social and economic welfare of Bangladesh;
(b) to ensure, in keeping with the prevalent social and
economic realities of Bangladesh, access to reliable,
reasonably priced and modern telecommunication services
and internet-services for the greatest number of people, as
far as practicable;
(c) to ensure the efficiency of the national telecommunication
system and its capability to compete in both the national
and international spheres;
(d) to prevent and abolish discrimination in providing
telecommunication services, to progressively effect
reliance on competitive and market oriented system, and in
keeping with these objectives, to ensure effective control
of the Commission;
(e) to encourage the introduction of new services and to create
a favourable atmosphere for the local and foreign investors
who intend to invest in the telecommunication sector in
Bangladesh.

30. Functions and duties of Commission.- (1) The functions and duties of
the Commission shall be as follows:-
(a) to regulate the establishment, operation and maintenance
of telecommunication services in Bangladesh;

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 (b) to protect the interests of the local consumers in respect of
the charges imposed on them, and their access to
telecommunication services, and the quality and variety of
such services;
(c) to encourage research and development activities in
telecommunication, and innovative activities and
investment in providing telecommunication services;
(d) to protect the social and economic interests of the
consumers, to respond to their needs, and to control and
abolish the existing and probable oppressive or
discriminatory conduct or activities of the
telecommunication service providers;
(e) to maintain and promote competition among the service
providers in order to ensure high-quality
telecommunication services;
(f) to ensure protection of the privacy of telecommunication;
(g) to collect, from within and outside Bangladesh,
information on telecommunication and internet and to
analyse and assess their impact on Bangladesh and to take
necessary action or, as the case may be, to make necessary
recommendations to the Government;
(h) to frame a national scheme of numbering plan to be
followed in telecommunication and to modify it whenever
necessary.
(2) The generality of the functions and duties under sub-section (1)
includes the following specific functions and duties :-
(a) to frame a code of practice to be followed by the local
operators and another code of practice to be followed by
them in their relationship with foreign operators;
(b) to inform the Minister of the licences, permits and
technical acceptance certificates issued under this Act ;

Page 25 of 87
(c) to adopt policies with regard to subsidy given by the same
operator from the earning of one service to another service
provided by him, and to take legal actions ;
(d) to carry out the responsibilities assigned and the directions
issued by the Government under suction 34;
(e) to discharge the international responsibilities of the
Government in the field of telecommunication in
accordance with the direction of the Government or to
ensure the discharge of such responsibilities through
operators ;
(f) to assist the concerned Ministries in matters of the
International Telecommunication Union and other
international and regional organizations relating to the
standards and procedure to be followed in
telecommunication ; to collect the notices of the
International Telecommunication Union and information
on all relevant matters and to inform the relevant
organizations of Bangladesh of those matters ;
(g) unless the Government otherwise directs, to represent the
Government in international conferences on
telecommunication matters and in meetings with foreign
organizations ;
(h) to collect information relating to international and regional
conferences on telecommunication and to deliver such
information to the concerned Ministries or organizations;
and to advise those Ministries and organizations including
broadcasting organizations in sending competent delegates
for participating in those conferences; and to play proper
role with regard to selection of delegates and their duties ;
(i) to advise the Government or regional organizations in
arranging conferences on international, regional and sub-
regional basis as considered necessary;

Page 26 of 87
(j) to set the technical standards and criteria of
telecommunication services, to monitor the standards of
telecommunication services provided by operators and to
ensure that such services conform to the standards set by
the commission;
(k) to make arrangements for monitoring the standards set by
the Commission and their compliance;
(l) to ensure the compliance of the provisions of this Act
keeping in view of public interest in general, and to protect
the interest of the consumers from the unfair practices of
the operators and other persons engaged in providing
telecommunication services in particular;
(m) to improve the competition scenario including the
discharge of the following responsibilities:-
(i) to protect an operator of a telecommunication
system or a service provider from such activities of
another operator or provider as are damaging to
competition;
(ii) to facilitate the access of a person intending to
participate as an operator in the market of
telecommunication system or service;
(n) to ensure that necessary decisions on all matters are taken
quickly, openly, fairly and transparently;
(o) to perform such other functions as the Government may
from time to time assign, provided they are consistent with
the functions and duties of the Commission and necessary
finance and other resources are available;
(p) to introduce a mechanism for the purpose of receiving the
objection and suggestion of consumers at regular intervals
and to ensure proper action on these objections and
suggestions;

Page 27 of 87
 (q) to arrange publicity of, and public hearings on, matters of
public interest.

31 Powers of Commission.- (1) The Commission may, subject to the

provisions of this Act and regulations, exercise all powers that are necessary to
perform its functions and duties under section 30.
(2) The generality of the powers under sub-section (1) includes the
following specific powers:-
(a) subject to payment of fees specified by the Commission in
proper cases-
(i) to issue licence for establishing or operating
telecommunication system, or providing
telecommunication services or using of radio
apparatus, and in proper cases to issue permits and
technical acceptance certificates;
(ii) to allocate radio frequency and to authorize the use
thereof, to monitor the use of radio frequency and
spectrum management;
(iii) to renew, suspend and cancel the licences, permits
and certificates issued; to control their transfer;
(b) to hold enquiry and to take decision and necessary action
on accusations and other demands raised against holders
of licence, permit and technical acceptance certificate for
violation of the conditions contained therein and the
provisions of this Act and regulations;
(c) to specify the procedure to be followed and other steps to
be taken by operators in respect of maintaining their
accounts ;
(d) to approve, keeping in view of the general policy of the
Government, the various telecommunication services for
which licences are necessary ;

Page 28 of 87
(e) to determine, in respect of telecommunication services, the
tariff, call charges and other charges and to specify the
procedure for fixation thereof by the operators;
(f) to wholly or partly suspend or disallow the tariff, contract
or arrangement, submitted to the Commission under this
Act, if the Commission considers it to be inconsistent with
this Act; and to give necessary directions;
(g) to issue guidelines on matters not sufficiently provided in
this Act or regulations and, in appropriate cases, to give
decisions as the Commission may deem proper and to
issue orders accordingly;
(h) to issue guidelines on matters of interconnection among
operators, to determine, in appropriate cases, the
conditions applicable thereto, and to resolve disputes
among them ;
(i) to direct the operators to submit report along with
necessary information on any of their activities;
(j) to get the operator’s procedure and systems audited so as
to be satisfied about the compliance of the directions
issued by the Commission, and to examine the propriety of
the reporting system of the operators, and to give
directions on these matters;
(k) to give necessary directions to the operators to ensure that
the Commission gets sufficient opportunity to inspect the
books and records of the operators and to monitor their
activities;
(l) to direct an operator to submit to the Commission his
annual plan of capital expenditure so that the Commission
can analyse and assess and thus gets sufficient idea about
the monopoly business, if any, of that operator in
providing telecommunication services in a particular area;

Page 29 of 87
 (m) to appoint consultants to assist the Commission in
exercising its powers, in performing its functions and
duties under this Act and matters relating thereto;
(n) to issue enforcement orders to ensure compliance with the
provisions of this Act and, in appropriate cases, to impose
and realize administrative fines;
(o) to approve each site on which radio apparatus including
antenna system may be installed and to approve erection
of each mast, tower, support-structure and construction of
other related structure;
(p) to direct an applicant for or a holder of a licence to furnish
any information which the Commission considers
necessary with regard to the proposed or existing use of a
radio apparatus, its installation and maintenance, and also
any major change in the apparatus;
(q) to take any other action that is necessary for the
development of telecommunication and its orderly and
efficient operation;
(r) to issue and publish instructions to be followed in relation
to activities of the Commission under this Act, instructions
to be followed by licensees and service providers and also
instructions on matters relating to terminal apparatus,
telecommunication apparatus, interference causing
apparatus, radio frequency and radio apparatus;
(s) to specify, by making regulations, the modes of exercising
powers and related matters on which powers are given by
this sub-section but no specific provision is made in this
Act.

32. Delegation of power by Commission.- The Commission may, by

regulation or by general or special order, whether absolutely or conditionally,
delegate any of its powers, but not the powers under this section and section 99,

Page 30 of 87
to the Chairman or any other Commissioner, or to any of its officers or
employees or other person.

33. Functions of the Ministry.- (1) The functions of the Ministry shall be
to determine the general policy of the Government in the telecommunication
sector and to encourage the development of that sector in Bangladesh.
(2) The generality of the functions under sub-section (1) includes the
following specific functions and duties :-
(a) to take appropriate actions to facilitate exchange of
information on telecommunication within and outside
Bangladesh;
(b) to identify the area where telecommunication technology
can be applied for the purpose of developing and
flourishing the local culture and social bondage; and to
encourage the use of such technology in those areas;
(c) to identify the fields of public and private sector
investment for the purpose of developing an effective and
modern telecommunication infrastructure and to
encourage such investment on the basis of co-operation
between the public and private sectors;
(d) to undertake, on its own, research and development
initiatives in telecommunication in Bangladesh and also to
undertake such initiatives jointly with regional and other
organizations interested in this regard;
(e) to undertake educational and training programs for human
resources development of enterprises which establish
telecommunication system, provide telecommunication
services and manufacture related products;
(f) to assist, where possible, the Commission and other
organizations for the purpose of enhancing the local
telecommunication manufacturing capability and
developing the innovative telecommunication services;

Page 31 of 87
 (g) to assist the Commission, on its request, to control or
abolish discrimination or discriminatory conduct in
providing telecommunication services or in extension of
such services;
(h) to arrange a forum where the Ministry, Government,
Commission, operators, consumers and other interested
persons may meet to discuss matters of common interest;
(i) to co-ordinate participation of Bangladesh in the activities
of the International Telecommunication Union and other
international organizations regarding policies, standards
and procedure to be followed in telecommunication and
training on such matters;
(j) to dispose of all applications and other correspondence
made to it under this Act, and to expeditiously execute its
decisions.

34. Powers of Government.- The Government may, under this Act-

(a) take all necessary actions in order to establish its rights and
discharge its obligations under international laws and regulations
or any international agreement relating to telecommunication;
(b) from time to time, refer to the Commission any matter relating to
telecommunication for its consideration and recommendations
thereon;
(c) consult the Commission on any matter that the Government
considers proper;
(d) undertake research on telecommunication, radio communication
and such technical matters of broadcasting as are related to the
said communications, or may finance or otherwise assist those
research activities;
(e) direct the Commission to represent Bangladesh in meetings of
international and regional telecommunication organizations.

CHAPTER V

Page 32 of 87
 Licences for telecommunication etc.
35. Requirement for licence for telecommunication, internet etc.- (1)
Subject to sub-section (3), no person shall, without a licence-
(a) establish or operate a telecommunication system in
Bangladesh or undertake any construction work of such
system;
(b) provide in Bangladesh or to any place outside Bangladesh
any telecommunication service;
(c) undertake any construction work for providing internet
service or install or operate any apparatus for such service.
(2) A person commits an offence if he contravenes sub-section (1),
and for such offence he shall be liable to be sentenced to imprisonment for a
term not exceeding 10 (ten) years, or to a fine not exceeding 10 (ten) lac taka or
to both.

(3) No licence shall be required for the following:-

(a) to operate a telecommunication system which is not
connected to another telecommunication system and all its
apparatus are-
(i) situated in the same premises and meant only for
the use of the owner, tenant or occupant of that
premises; or
(ii) installed in only one vehicle, vessel or aircraft, or
installed in more than one vehicle, vessel or aircraft
which are mechanically connected with one
another;
(b) a telecommunication system which is operated by a single
person or by a single organization , and which is not
connected in any way to another telecommunication
system, and

Page 33 of 87
 (i) that person or organization alone controls all the
apparatus of that system;
(ii) all the message and information transmitted by that
system are used only by the that person or
organization; and
(iii) no radio apparatus is used in that system;
(c) installation of a terminal apparatus in the
telecommunication network of an operator;
(d) establishment of a telecommunication system or providing
telecommunication service by the Police, Bangladesh
Rifles, Coast Guard, any of the defences forces or any
other security force specified by the Government for its
own requirement ;
(e) telecommunication system established, used, or
telecommunication services provided, by the Ministry of
Foreign Affairs or any intelligence agency of the
Government for its own requirement ;
(f) telecommunication system established in, or used by, a
battle-ship or defence-aircraft engaged in state affairs.

36. Exclusive authority of Commission to issue licence and its

procedure.- (1) The Commission shall have exclusive authority to issue
licence for activities specified in clauses (a) to c) of section 35(1), and to obtain
such a licence, an application is to be submitted to the Commission.
(2) The Commission may, in accordance with the provisions of this
Act, allow or disallow an application submitted to it under sub-section (1);
while considering such application, the Commission shall, among others,
consider the following aspects:-
(a) whether the applicant is disqualified under sub-section (3);
(b) whether he has sufficient financial capacity to operate the
activities for which the application has been submitted,
and whether he is likely to acquire the space for necessary

Page 34 of 87
 installations and whether efficient manpower will be
available;
(c) how far the issuance of the licensee applied for will be
consistent with the broad objectives of the Commission
specified in section 29;
(d) whether issuance of the licence applied for, the activities
authorized by the licence and the terms and conditions of
the licence, will be discriminatory compared to those of
the existing licence holders, and whether the competition
scenario will be affected;
(e) how far the issuance of the licence applied for will serve
the public interest.
(3) A person shall be disqualified for obtaining a licence, if-
(a) in the case of an individual-
(i) he is an insane person;
(ii) he has been sentenced by a court under any law,
other than this Act, to imprisonment for a term of 2
(two) years or more, and a period of 5 (five) years
has not elapsed since his release from such
imprisonment;
(iii) he has been sentenced by a court for commission of
any offence under this Act and a period of 5 (five)
years has not elapsed since his release from such
imprisonment;
(iv) he has been declared bankrupt by the court and has
not been discharged from the liability of
bankruptcy;
(v) he has been identified or declared by the
Bangladesh Bank or by the court or by a bank or
financial institution as a defaulter loanee of that
bank or institution; or

Page 35 of 87
 (vi) his licence has been cancelled by the Commission
at any time during the last 5 (five) years;
(b) the applicant being a company or corporation or
partnership or society or other organization,-
(i) any provision of sub-clauses (i) to (v) of clause (a)
is applicable to its owner or to any of its directors
or partners; or
(ii) sub-clause (vi) of that clause is applicable to it.
(4) Where under this section-
(a) a person applies for issuance or renewal of a licence, he
shall pay the fees determined by the Commission;
(b) a licence is issued, the validity period thereof, the
requirement for its renewal and the conditions applicable
thereto, shall be mentioned in the licence;
(c) a licence is issued for providing service, the service to be
provided by the operator shall be specifically mentioned in
the licence ;
(d) a licence is issued for the establishment of a
telecommunication system and for providing a service, the
service shall be provided through that system as
mentioned in the licence;
(e) a licence is issued and the use of radio apparatus,
interference causing apparatus and radio frequency are
necessary to carry on the activities thereunder, a condition
shall be mentioned in the licence that, under CHAPTER-
VIII, another licence and allotment of radio frequency and
technical acceptance certificate shall be obtained.
(5) Every application for licence shall be submitted to the
Commission in such form and in such manner as may be specified by it.
(6) The Commission may consider the issuance of a new licence for
which an application is submitted pursuant to a tender notice :

Page 36 of 87
 Provided that the Commission may identify certain services for which
licence may be issued by it without a tender notice.
(7) The Commission may, for the purpose of considering an
application for licence, require the applicant to furnish necessary information
and documents, and if necessary, may also inspect the location, installations
and apparatus proposed by the applicant.
(8) If -
(a) such application is submitted to the Commission, it shall,
within 180 (one hundred and eighty) days from
submission thereof, take a decision to allow or reject it;
and where it so allows, it shall inform the applicant of its
decision within 7 (seven) days thereafter;
(b) The Commission decides within that period to reject the
application, it shall, within 7 (seven) days of the decision,
inform the applicant of such decision along with the
reasons therefor ;
(c) The Commission finds that it is not possible to take any
decision within the said 180 (one hundred and eighty)
days, it shall, within that period or within 7 (seven) days
thereafter, inform the applicant of the reasons for the delay
and the probable time-limit within which decision may be
taken and shall take a decision within the said probable
time-limit.
(9) The Commission shall preserve a printed copy of each licence
issued by it and any person may, on payment of the fees specified by the
Commission, inspect such copy or collect a copy thereof.

37. Conditions of licence.- (1) A licence or any right acquired thereunder,

whether wholly or partly, shall not be transferable, and such transfer, if any,
shall be void.

Page 37 of 87
 (2) The Commission may specify in the licence any condition
consistent with this Act and regulations and, to suit the requirements of a
particular situation, it may also specify additional conditions.
(3) Within the purview of the generality of sub-section (2), proper
conditions with regard to all or any of the following specific matters may be
included in a licence:-
(a) compliance with this Act and regulations by the licensee ;
(b) for the purpose of ensuring access to the service specified
in the licence to people of the rural and sparsely populated
areas, compulsory obligation of the licensee to provide the
service but not exceeding 10% of his capacity ;
(c) payment of the fees or other dues specified by the Commission to meet the
expenses that the Commission may incur in connection with issuance or renewal
of the licence or with both ;
(d) delivery, at such time and in such manner as may be
specified by the Commission, of all such documents,
accounts, estimates, return or other information as the
Commission may require in connection with the
performance of its functions and duties under this Act and
regulations;
(e) taking of the following steps by the licensee:-
(i) to design and to maintain his telecommunication
network in accordance with the directions of the
Commission in relation to the establishment of the
telecommunication system under the licence or in
relation to the transmission plan, signaling plan,
switching plan and numbering plan for providing
service under the licence; and in case of deviation
from such plan, to obtain approval and directions of
the Commission, and implementation of such
direction;
(ii) inform the Commission of the routes used and the
system followed in transmitting and receiving

Page 38 of 87
 message, signal or any other information in the
national and international spheres;
(f) specifying the matters relating to the telecommunication
system to be used by the licensee, the services provided or
to be provided by him, the coverage area of such system
and services, and the period thereof;
(g) prohibition on showing any preference to, or making any
discrimination against, a particular person or class of
persons, in case of providing service, giving connection or
permission by the licensee;
(h) ensuring an information system so that all information
relating to bills, prices, directories, inquiries and
complains are easily available to the consumers;
(i) where the licensee is a company, society or partnership,
the compulsory obligation of such licensee to take prior
approval of the Commission in the following cases:-
(i) any change in the ownership or share capital of the
company, society or partnership, which has the
effect of transferring the control over the activities
under the licence; or
(ii) merger of the company, society or partnership with
any other company or enterprise :
Provided that, while giving such prior
approval, the Commission shall consider whether or
not the person, company or enterprise, who or
which will acquire control over the licensed
activities due to the proposed merger or change, is
eligible for obtaining a licence, and whether or not
the change will affect the continuity of those
activities;
(j) publication of notification by the licensee, at such intervals
and in such manner, as the Commission may specify,

Page 39 of 87
 relating to the charges for, and the conditions applicable to
the availing of, the services provided;
(k) ensuring the payment of compensation to persons affected
by the under ground cable, overhead cable and
accessories;
(l) making of plans showing how the licensee intends to
ensure the continuity or, as the case may be, restoration of
telecommunication system established or the services
provided, and submission of such plan;
(m) keeping, transferring or disposing of telecommunication
apparatus and other property;
(n) real performance of the standardised service, maintenance
of technical standards and compliance with other technical
conditions;
(o) obligations of the licensee with regard to conservation of
environment in accordance with prevalent laws;
(p) other matters as the Commission may consider appropriate
and expedient.

38. Renewal of licence.- A licence issued under this Chapter may be

renewed in such manner and subject to payment of such fees or other payment
as may be prescribed by regulations, and in the absence of regulations as may
be specified in the administrative orders issued by the Commission.

39. Amendment of conditions of licence.- (1) The Commission may, for

the purposes of this Act, amend any condition of any licence issued under this
Act by way of alteration substitution, addition, omission or other modification.
(2) Where the Commission, on its own initiative, directs any
amendment in the conditions of a licence, it shall serve a notice on the licensee
informing him of the reasons for the proposed change and also directing him to
submit his reply, within 15 (fifteen) days; and if any reply is submitted, the
Commission shall, consider it and take its decision within a period not
exceeding 30 (thirty) days thereafter.

Page 40 of 87
 (3) The Commission may also, upon application, amend any
condition of a licence which it considers proper.

40. Restrictions on according commercial permission for use of

telecommunication system.- (1) An operator shall not, without a permit issued
by the Commission, accord permission to any other person or allow him, on
commercial basis or in lieu of fees, price or other consideration, to use his
telecommunication system or any installation or apparatus or facility by which
telecommunication services can be provided.
(2) Where an operator applies for a permit mentioned in sub-section
(1), the Commission may allow the application and issue a permit if, after
necessary inquiry, it is satisfied that the permit applied for will not adversely
affect the telecommunication system or the providing of its services, and may
also impose such conditions as it considers appropriate in any particular
circumstances; the permit so issued shall remain valid for a period specified
therein.
(3) Where a condition mentioned in the permit issued under sub-
section (2) is violated, the Commission may at any time cancel the permit.
(4) An operator commits an offence if he contravenes the provision
of sub-section (1), and for such offence he shall be liable to be sentenced-
(a) in the case of a first offence, to imprisonment for a term
not exceeding 3 (three) years, or to a fine not exceeding 3
(three) lac taka, or to both;
(b) in the case of each subsequent offence, to imprisonment
for a term not exceeding 5 (five) years or to a fine not
exceeding 5 (five) lac taka or to both.

41. Commission’s jurisdiction in case of limiting operator’s liability.- If

a licensee, for the purpose of limiting his own liability, imposes any condition
in relation to a service provided by him and if the Commission considers such
condition to be unreasonable, it may direct the licensee to cancel the condition
and accordingly he shall be bound to comply with the direction.

Page 41 of 87
42. Right of way.- (1) Subject to the other provisions of this section, an
operator shall have right to install any apparatus, thing or facility on, above or
over any land for the purpose of establishing a telecommunication system or
for providing telecommunication service; such right is referred to in this
Chapter as the right of way.
(2) Within the purview of the right of way, an employee or
representative of the operator authorized in writing in this behalf may-
(a) by giving reasonable notice, enter any land at any time,
and put up any post or pillar for the purpose of holding or
supporting any telecommunication apparatus;
(b) fasten or attach a bracket or other device to a tree standing
on the land ;
(c) cut down any tree or branch of a tree which is causing or is
likely to cause injury to, or which impedes or is likely to
impede the workability of, such apparatus, thing, facility
or device; and
(d) take any other necessary step or action under this Act for
the purpose of installing, constructing, examining,
repairing, changing, removing or increasing the
workability of such apparatus, thing, facility or device.
(3) An operator shall ordinarily exercise his right of way on the land
owned or possessed by the Government or a local authority or statutory body,
but may, if necessary, exercise this right on any other land also; the
Government agency or the local authority or the statutory body shall not
ordinarily obstruct the exercise of the right of way.
(4) In exercising the right under sub-section (1), the operator-
(a) shall not enter, or do anything under that sub-section in a
graveyard or crematorium or a place which contains
something that is regarded by the local people as sacred,
unless such entry is necessary for the purpose of removal
or repair of a thing which is dangerous to life or property
or which impedes its security ;

Page 42 of 87
 (b) may, in case of necessity for such removal or repair, enter
the graveyard, crematorium or sacred place with the
consent of the person in charge thereof, or if there is no
such person at all or if he is not readily available or if he
refuses to give consent, the operator may so enter or may
take steps or other actions under sub-section (1) after
obtaining written permission of the Commission.
(5) The said operator-
(a) shall not, without the consent of the owner or occupier of
the land, exercise his right under sub-section (1);
(b) shall not acquire any other right only because of his right of
way;
(c) shall not exercise any right under this section on the land
owned or controlled by any Government or local authority
or a statutory body without its consent;
(d) shall exercise the rights under this section in such a
manner that the damage caused to the land and
environment remains at the minimum level, and shall be
bound to pay compensation to the affected person,
authority or body for the damage caused as a result of such
exercise.
(6) The notice under sub-section (2)(a) shall contain a full and proper
description of the intended work and shall be served on its receiver personally
or his representative or his relevant employee, or it shall be sent to his
residence or place of work.
(7) Where a telecommunication apparatus or radio apparatus
becomes a cause of threat to anyone’s life or property, the operator may enter a
land without permission of the its owner or occupier of the land, and take
necessary steps for the purpose of protecting such life and property.
(8) In exercising the powers under this section, the operator shall
take all reasonable care and shall in all cases-

Page 43 of 87
 (a) restore, as far as practicable, the damaged structure,
service or facility, by way of repair or otherwise, to its pre-
damaged condition;
(b) remove all dirt or debris from the work-site;
(c) pay compensation to the owner or occupier or person-in-
charge of the damaged property.
(9) The owner or occupier or person-in-charge may, within 5 (five)
days of receipt of the notice under sub-section (6), submit to the Commission a
written objection, and where such objection is submitted, the Commission
shall, within 15 (fifteen) days, enquire into the objection and give its decision
thereon; such decision shall be binding on both the operator and the objector;
and the decision shall not be called in question before any court or other
authority.

43. Refusal of consent of owner etc. to the exercise of right of way.- (1)
If an owner, occupier or person-in-charge does not give or refuses to give the
consent or permission specified in section 42(5), or obstructs the exercise of the
right of way, the operator may submit to the Commission a report on the
matter.
(2) Where a report under sub-section (1) is submitted and the
Commission, after such inquiry as it considers appropriate, is satisfied about
the operator’s necessity to enter the land, the Commission may-
(a) take such steps as it considers appropriate for obtaining the
consent or permission or for the exercise of the right of
way;
(b) where necessary, authorize the operator to enter the land
and also request the law enforcing agencies to assist the
operator so that the authorization is executed; and the law
enforcing agencies shall, in order to ensure the exercise of
the right of way in relation to the concerned land, take
necessary steps including application of force.

Page 44 of 87
 (3) Where the Commission, under sub-section (2), requests a
Government or local authority or a statutory body for ensuring an operator’s
right of entry, such authority or body shall, unless there is a special reason,
comply with the request; in case of disagreement, the Commission shall
immediately inform the Minister of the matter, and he shall, within a period not
exceeding 15 days, consult the relevant Minister-in-charge and give his
decision on the matter; such decision shall be final and all parties concerned
shall be bound to comply with the decision, and the legality or propriety of the
decision can not be called in question before any court or other authority.

44. Compensation.- (1) The operator shall pay compensation to the affected
person or authority for any damage resulting from the exercise of the right of
way under section 42 or anything done under section 43; such compensation
shall be paid within 90 (ninety) days after completion of the work.
(2) Where a dispute arises as to the amount of compensation
mentioned in sub-section (1), the affected person, authority or body shall refer
the dispute to the Commission and the decision of the Commission on the
matter shall be final, and the decision shall not be called in question before any
court or other authority.
(3) Any claim for, or dispute over, the compensation may be
submitted to the Commission within three years after completion of the work of
the operator which has resulted in damage, and the Commission shall reject any
claim for compensation that is raised after the expiry of that period; the legality
or propriety of the decision of the Commission on the matter shall not called in
question before any court or other authority.

45. Compulsory acquisition of private land for licensee’s necessity.- (1)

Where, in carrying out the activities under a licence, the licensee faces
obstruction to use a land, or the consent of the owner or occupier of the land is
not available, the Government may, on the recommendation of the
Commission, decide under the Acquisition and Requisition of Immovable
property Ordinance, 1982 (II of 1982) that the land is necessary for carrying

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out such activities of the licensee, and thereafter necessary proceedings for
acquisition of the land may be initiated.

Explanation.- For the purposes of this sub-section, “land” does not include a
land owned or occupied by a Government authority or a local authority or a
statutory body.
(2) Where a decision in relation to a land is given under sub-section
(1), the land shall be deemed to be necessary in public interest within the
meaning of the Acquisition and Requisition of Immovable Property Ordinance,
1982 (II of 1982).
(3) The compensation and other costs incidental to the acquisition
under this section shall be paid by the operator.

46. Cancellation and suspension of licence.- (1) The Commission may, at

any time, suspend or cancel a licence, if the Commission has reasons to believe
that the licensee-
(a) is at present such a person that if he were an applicant for
a licence, his application would have been disallowed on
any of the grounds specified in sub-section 36(3);
(b) had obtained the licence by suppressing his
disqualification specified in that sub-section ;
(c) has failed to start providing the service within the time-
limit specified in the licence; or
(d) has contravened any provision of this Act or regulations
made thereunder or any condition of the licence.
(2) The Commission shall serve on the licensee a notice specifying
the reasons for the proposed suspension or cancellation, alongwith a direction
to present, within 30 (thirty) days, his reply to the proposed action.
(3) Where a reply is furnished by the licensee pursuant to the notice
under sub-section (2), the Commission, upon consideration of such reply, may,
with or without condition-
(a) direct necessary corrective measures;
(b) cancel the licence;

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 (c) suspend the licence for a specified period and direct
necessary corrective measures;
(d) direct the payment of an administrative fine not exceeding
3 (three) lac taka and, in an appropriate case, also direct
necessary corrective measures; or
(e) take both the actions specified in clauses (c) and (d).
(4) The licensee shall not be entitled to any compensation for
damage caused by any action under sub-section (3), nor shall he be entitled to
raise such claim before any court or other authority, and even if such claim is
raised, the court or other authority shall summarily reject it.

47. Interconnection.- (1) Subject to the provisions of this Act and

regulations, an operator may establish interconnection between his
telecommunication network with that of another operator.
(2) If, in an area specified by the Commission, 25% of the consumers
take service from more than one operator, such operators shall have the
following obligation in respect of interconnection and providing access to the
interconnection :
(a) interconnection agreements shall be executed within 3
(three) months from the first day on which the new
operator starts providing telecommunication service;
(b) the operators shall execute such agreements among
themselves; however, on the application of any operator,
the Commission may, in consideration of the existing
circumstances, extend the time-limit but not exceeding 3
(three) years; and the Commission shall notify, in at least
two widely circulated national dailies published from
Dhaka, the fact of such decision alongwith a full
explanation of the circumstances;
(c) the real cost in relation to universal service provided by
operators of ordinary or cellular mobile telephone service,
shall be fixed and paid at a rate as mutually agreed among

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 the operators; and the Commission may, keeping in view
of the particular circumstances, also specify that the
operators providing other services shall comply with the
cost so fixed in relation to the universal service; and if
they fail to agree on such rate, the Commission may fix
the rate which shall be followed in making payment of the
cost, provided such cost is part of the total cost of
interconnection;
(d) in determining the terms and conditions of
interconnection, the operators shall act in a non-
discriminatory and transparent manner;
(e) copies of interconnection agreements shall be delivered to
the Commission and interested parties;
(f) charges realizable for the use of interconnection shall be
fixed by way of adjusting the actual cost and a reasonable
rate of profit from the investment in interconnection; and
the manner of fixation of such charge shall be transparent;
(g) the operators shall keep a separate account for each
interconnection so that all the heads of expenditure for the
interconnection and the income therefrom may be
specifically identified.
(3) The Commission-
(a) may direct any operator to present his cost of
interconnection and the justification for charges for the
interconnection services;
(b) shall ensure adequate number of interconnections for the
purpose of protecting the interests of consumers;
(c) shall publish a directory containing model interconnection
agreements and guidelines.
(4) Where the interested parties, or the persons, who under sub-
section (2) are bound to execute interconnection agreement, cannot agree on
the terms of such agreement, any of them may present the matter to the

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Commission, or on its own motion, the Commission may take up the matter,
and determine the terms of the agreement as it considers appropriate.
(5) In appropriate cases, the Commission may, on its own motion-
(a) interfere with any matter relating to interconnection of any
operator, for the purpose of ensuring public interest;
(b) direct the concerned parties to an existing interconnection
agreement to amend the terms thereof;
(c) specify the time-limit for holding discussion and finalising
a proposed interconnection agreement;
(d) take action against establishing or maintaining a monopoly
created by way of interconnection.

CHAPTER VI
Tariff, Charges etc.
48. Approval of tariff.- (1) An operator shall, before providing service,
submit to the Commission a tariff containing the maximum and minimum
charges that may be realized for such service, and until the tariff is approved by
the Commission, the operator shall not start providing the service or realizing
charges for the service.
(2) While submitting a tariff under sub-section (1), the operator shall
also furnish the justification therefor .
(3) Where the Commission approves the tariff, it shall publish the
approved tariff in such form and in such manner as it may specify in this
behalf, and may also include additional information if considered necessary.
(4) Within 60 (sixty) days after a tariff is submitted, the Commission
shall-
(a) approve the tariff with or without modification, or
substitute an alternative tariff, or direct the operator to
submit an alternative tariff;
(b) reject the tariff within the said 60 (sixty) days and shall,
within 15 (fifteen) days of the rejection, inform the
operator of such decision and the reasons therefor ; or

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 (c) if it does not take a decision under clause (a) or (b),
publish, within the said 60 (sixty) days or within the next
15 (fifteen) days, the fact of no-decision for public
information, and shall also specify the time-limit within
which it intends to take decision; and such delay shall not
exceed 60 (sixty) days.

49. Principles of determination of tariff by Commission.- (1) The

Commission shall, in determining or approving a tariff, follow the general
principles as specified below:-
(a) the tariff shall be fair and reasonable;
(b) the charges shall be equally applicable to the various
persons providing a particular service or to the persons
taking that service;
(c) if an operator provides more than one service, but there
exists competition in the market in providing one of such
services and no competition in case of another service
provided by him, then-
(i) subsidy from the earnings of the service which is
subject to competition shall not be allowed for the
other service which is not subject to competition;
(ii) the arrangement, if any, existing at the
commencement of this Act, for providing subsidy
from the earning of the service which is not subject
to competition shall be progressively abolished
within the time-limit specified by the Commission;
(d) no person or group or class shall, in respect of tariff or
charges for a service, be given undue preference or be
subjected to discrimination or disadvantage.
(2) The Commission may, in determining whether a tariff is fair and
reasonable, adopt any clear and reasonable method, and such method may be
based on the return of an operator or other information.

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 (3) Where, in relation to a service provided by an operator, the
Commission is of opinion that-
(a) an activity of an affiliate under the operator is integral part
of that service ; and
(b) the provisions of this Act or regulations are not sufficient
for ensuring that the rate of charges fixed by the operator
for the services are fair and reasonable,
the Commission may consider the income or part thereof earned by the affiliate
from the said activity is the income of the operator.

50. Discriminatory charges prohibited.- (1) An operator shall not, in

relation to a service provided by him or the charges for such service, make any
discrimination or create any inconvenience to any person or group or class, nor
shall he give any unfair or unreasonable preference to himself or any other
person.
(2) Where allegations of making discrimination, creating
inconvenience or giving preference are brought against an operator-
(a) the Commission shall, within 15 (fifteen) days of the
receipt of the allegations, serve a 15 days’ notice on the
operator directing him to submit his reply to the
allegations, if the Commission considers that the said
allegations are prima facie justified;
(b) the burden of proof that his conduct was not
discriminatory against, or preferential or did not create any
inconvenience to, any person shall lie on the operator;
(c) the Commission shall, in accordance with sub-section (3),
take necessary action after consideration of the allegations
brought against, and the reply submitted by, the operator.
(3) Where an operator contravenes sub-section (1), the Commission
may impose on him an administrative fine not exceeding 50 (fifty) thousand
taka or, in an appropriate case, direct the operator to pay to the affected person
a compensation not exceeding 50 (fifty) thousand taka, or direct the operator to

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refrain from the discriminatory conduct, or the Commission may take all or
more than one of such actions.

CHAPTER VII
Standard of telecommunication apparatus and service
51. Standards of telecommunication apparatus.- (1) Subject to sub-
section (4), the Commission may specify the national standards and technical
aspects of the apparatus that are used in a telecommunication system and in
providing telecommunication services.
(2) For the purposes of sub-section (1), the Commission-
(a) may, for different class of apparatus, determine different
standards, criteria and method for verifying their
compliance;
(b) shall publish a notice in the official Gazette and two
national dailies that it intends to determine such standard,
criteria and method and, invite comment or suggestion on
the standards, criteria and method proposed in such notice
and shall also specify the date since when such standards,
criteria and method shall be effective;
(c) shall, upon consideration of the comment or suggestion, if
any, received under clause (b), finalise the standards,
criteria and method, and also publish them in the same
manner;
(d) may determine the standards of radio method and
interference causing apparatus and technical conditions
applicable thereto.
(3) In determining the standards, criteria and the method for
verifying their compliance, the Commission shall be guided by the needs for a
safe, modern and efficient telecommunication service and interconnection.
(4) The Commission shall not, before determining under this section
the standards, criteria and related conditions of licence, impose any restriction

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as to whether or not any apparatus manufactured by a company or other
enterprise may be used in providing a service for which licence is necessary.

52. Technical standards etc. of terminal apparatus.- (1) The Commission

shall, form time to time, make and publish, a directory wherein the names and
specifications, technical standards and related matters of terminal apparatus
shall be specified.
(2) Every person shall follow the directory in manufacturing,
importing and marketing terminal apparatus and installing them in a
telecommunication system.

53. Search etc. for harmful interference.- (1) It shall be lawful for the
Commission to search out harmful interference, and where the Commission
finds that a person has in his possession or control interference causing radio
apparatus or other apparatus, it may order the person to stop the operation of
that apparatus or to repair or substitute the apparatus within a time specified in
the order, so that the interference may not be caused any more.
(2) A person commits an offence if he contravenes an order under
sub-section (1) or fails to comply with such order, and for such offence he shall
be liable to be sentenced to imprisonment for a term not exceeding 3 (three)
years or to a fine not exceeding 3 (three) lac taka or to both.
(3) Where an information is obtained with the help of electronic or
other device used in the monitoring or surveillance activities for finding out
harmful interference and such information is printed on a document under the
signature of an authorized officer of the Commission or is attested by that
officer, the information shall be admissible as evidence in any proceedings of
the Commission or a Court.

54. Determination of the standards of telecommunication.- (1) The

Commission may, by making regulations or by publishing notice at least in two
widely circulated national dailies, determine the standards of various
telecommunication services, and in providing those services, the operators shall
be bound to follow those standards.

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 (2) Where a standard is determined under sub-section (1), the
Commission shall, from time to time, take steps for publicity of the standard so
that the people get opportunity to know about it.

CHAPTRE VIII
Radio communication and spectrum management
55. Necessity for licence for radio apparatus, authority, procedure etc.-
(1) No person shall, without a licence, establish, operate or use a radio
apparatus for the purpose of radio communication in the land or territorial
waters of Bangladesh or in the space above them, nor shall he use any radio
frequency other than the frequency allocated by the Commission.
(2) The Commission shall have the exclusive authority to issue
licence and to allocate the radio frequency under sub-section (1).
(3) The manner of issuance of licence, allocation of frequency, and
their renewal, suspension and cancellation, the qualifications and
disqualifications of a licensee, the licence-fees and other related matters shall
be determined by regulations, and until regulations are made, general or special
resolutions of the Commissions shall be applicable to those matters.
(4) A licence issued or a frequency allocated under this section or the
right to use such licence or frequency shall not be transferable, and if any such
transfer takes place it shall be void.
(5) Clause (i) of section 37(3) shall be applicable to such licence.
(6) No licence under sub-section (1) shall be required in the
following cases:-
(a) installation, operation or use of a radio apparatus by the
Police, Bangladesh Rifles, Coast Guard, any of the
defence forces or any other security force to meet its own
requirement;
(b) installation, operation or use of a radio apparatus by the
Ministry of Foreign Affairs or an intelligence agency of
the Government to meet its own requirement;

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 (c) installation, operation or use of a radio apparatus in a
battle-ship or defence air-craft or in other vehicles used for
the affairs of the State :
Provided that no radio frequency other than the frequency
allocated by the Commission shall be used in such radio apparatus.
(7) A person commits an offence if he, in violation of sub-section
(1), installs, operates or uses any radio apparatus without a licence issued by
the Commission or if he uses a radio frequency without getting allocation from
the Commission; and for such offence he shall be liable to be sentenced to
imprisonment for a term not exceeding 10 (ten) years or to a fine not exceeding
10 (ten) lac taka or to both, and if the offence continues, he shall be liable to an
additional fine not exceeding 20 (twenty) thousand taka for each day of the
continuous period after the first day.

56. Spectrum Management Committee.- (1) For the purpose of

management of radio frequency, the Commission shall, as soon as may be after
commencement of this Act, form a committee to be known as the Spectrum
Management Committee, hereinafter referred to in this Chapter as the
Committee.
(2) The Committee shall consist of one Commissioner and such
number of other members as the Commission may specify, and the
Commissioner shall be the President of the Committee.
(3) As soon as the Committee is formed, the Commission shall
inform the Ministry of such formation; and the Ministry shall take all necessary
steps for transferring to the Committee the overall functions and
responsibilities of the Frequency and Wireless Board including the documents
related to allocation of radio frequencies made prior to the commencement of
this Act, the pending applications for allocation of radio frequency and all
related matters; after such transfer the said Board shall stand dissolved.
(4) Subject to any general or special instruction of the Commission,
the Committee may determine the manner and other matters of holding of

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meetings, carrying on its activities and making of recommendations and
decisions.
(5) Subject to the other provisions of this Chapter, the functions of
the Committee shall be as follows :
(a) to make recommendation to the Commission on the
principles of allocation of radio frequency and fixation of
fees for such frequency;
(b) to make recommendation to the Commission for
specifying the radio frequencies to be used for operating
radio apparatus or for providing services by various
licensees, broadcasting enterprises and other organizations
;
(c) to make recommendation to the Commission on the
methods and time-limits of allocation of radio frequencies
and the revocation or modification thereof;
(d) to co-ordinate the international and multipurpose use of
radio frequency and to frame policies thereon, to present
such policy for approval of the Commission and to revise
from time to time the policies approved by the
Commission;
(e) to revise matters relating to radio frequency band in order
to ensure their proper use and receipt of better information
by using such band;
(f) to determine the technical standards applicable to radio
apparatus or interference causing apparatus; and to make
recommendation on the issuance of technical acceptance
certificates;
(g) to make recommendation on the issuance of licence for
radio apparatus;
(h) to monitor the compliance of the provisions of this Act
and regulations in respect of the use of the allocated radio

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 frequency spectrum, and to make suggestions on the
actions to be taken, if any.
(6) The Commission may direct the Committee to perform functions
other than those mentioned in sub-section (5).
(7) In exercising powers, performing functions and duties under sub-
section (5), the Committee shall follow the applicable criteria specified or
recommended by the International Telecommunication Union or by its
concerned Standing Committee or by other organization.
(8) For getting a radio apparatus licence, allocation of a radio
frequency or technical acceptance certificate, an application shall be submitted
to the Commission; and within 7 (seven) days of the receipt of such
application, the Commission shall send it, with comments, if any, to the
Committee which shall, within the next 30 days, make such inquiry on the
matter as it considers necessary and present the application with its comments
and recommendations to the Commission.
(9) The Commission shall, after consideration of the comments and
recommendations of the Committee on the concerned application, take decision
on the issuance of a licence for radio apparatus or, as the case may be, a
technical acceptance certificate or allocation of radio frequency; and shall in all
cases determine the conditions applicable thereto after consideration of the
Committee’s recommendation.

57. Technical Acceptance Certificate.- (1) The Commission may, by

issuing notice in at least two widely circulated national dailies published from
Dhaka, or by making regulations, specify the radio apparatus or interference
causing apparatus for which technical acceptance certificate is necessary.
(2) When a technical acceptance certificate in relation to an
apparatus is required by a notice published, or by regulations made, under sub-
section (1), no person shall, except in accordance with such certificate, use,
distribute, sell or offer for sale, lease out or demonstrate that apparatus.

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 (3) A person commits an offence if he violates sub-section (2), and
for such offence he shall be liable to imprisonment for a term not exceeding 5
(five) years or to a fine not exceeding 5 (five) lac taka or to both.
(4) The Commission shall, in relation to an apparatus mentioned in
sub-section (1),-
(a) make regulations on the standards determined by the
Spectrum Management Committee under section 56(5)(f)
or publish such standards in at least two widely circulated
national dailies; or
(b) make regulations specifying the procedure and other
matters relating to the issuance of a technical acceptance
certificate, and renewal, suspension and cancellation
thereof, and until such regulations are made, those matters
shall be determined by administrative orders.
(5) A technical acceptance certificate issued under this section shall
remain valid for the period specified therein and may be renewed after the
expiry of that period.
(6) The procedure for issuance of a technical acceptance certificate
and the renewal, cancellation and suspension thereof and the fees therefor shall
be determined by regulations, or until regulations are made, by administrative
orders of the Commission.

58. Monitoring and control of emission of electro-magnetic energy.- The

operator shall monitor the emission of all kinds of electro-magnetic energy in
the lands and territorial waters of Bangladesh and the space above them, and
shall control the harmful effect of such emission, and for that purpose it may
issue necessary direction to any person or body.

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 CHAPTER IX
Receipt and disposal of consumer-complains
59. Provisions relating to receipt and disposal of consumer-complains.-
(1) Every operator providing telecommunication service shall establish
sufficient number of complain-centres so that he can collect information on the
inconvenience or complain of the consumers in respect of that service or
related matters, and shall, form time to time, publish notice about the location
of, and communication with, such centres.
(2) Any consumer may, by telephone message or written complaint,
present his inconvenience or complain.
(3) All information relating to the complains received from
consumers and disposal of such complains shall be recorded in a register.
(4) On receipt of an information or complain about the
inconvenience of a consumer, the service provider shall immediately take
necessary action and shall follow the code of practice framed in this behalf by
the Commission.
(5) Where the service provider, after being informed of an
inconvenience or complain of a consumer, fails to timely and properly resolve
the inconvenience or the complain, that consumer may in writing apply to the
Commission for taking necessary action on the matter.
(6) Within 7 (seven) days of receipt of such application, the
Commission may, after necessary inquiry, give proper directions to the service
provider to take necessary steps for resolving the said inconvenience or
complain.
(7) If the direction under sub-section (6) is not complied with, the
Commission may, under section 63, issue a compulsory enforcement order.

CHAPTER X
Inspection and Compulsory Enforcement
60. Appointment of Inspector.- The Commission may, for the purposes of
this Act, appoint any of its officers as an Inspector.

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61. Powers of Inspector.- (1) For implementing the provisions of this Act,
an Inspector may, subject to sub-section (3)-
(a) enter any place at any reasonable time, if he has reason to
believe that-
(i) a radio apparatus or an interference causing
apparatus not permitted under this Act has been
kept or is being used in that place; or
(ii) a telecommunication system or a
telecommunication apparatus not permitted under
this Act has been kept in that place; or
(iii) a telecommunication service is being provided or a
radio apparatus has been installed or is being
operated in that place without necessary licence or
permit or in violation of a condition thereof;
(b) examine such apparatus, if found;
(c) examine any log book, report, data, record, bill or any
other document found in that place, if he, on reasonable
grounds, believes that such examination is necessary for
implementation of any provision of this Act or regulations
or any direction or directive of the Commission, and he
may take copies or photocopies of the whole or part of the
document, or may also take necessary extract from it;
(d) inquire the occupier or user of, or the person having
control over, the said system or apparatus, and may arrest
him and also seize the apparatus if the inspector believes
that the said occupier, user or person having control may
abscond or, as the case may be, the apparatus may be
removed or destroyed;
(e) recommend to the Commission for seizure of an apparatus
which is not permitted for use in a particular
telecommunication system or for providing a particular
service.

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 (2) The Commission may, upon consideration of the
recommendation made under sub-section (1)(e) seize the said apparatus, and if
the apparatus so seized is not apparently owned by any person, it shall vest in
the Commission, and if, within 60 (sixty) days of such seizure, any person
claims ownership of the apparatus, the Commission may, after necessary
inquiry, return it to the claimant or take such other action as it considers
appropriate.
(3) If the place mentioned in sub-section (1) is a dwelling house of
any person, the Inspector shall not enter that place without the consent of the
person in charge thereof; however such consent shall not be necessary in the
following cases:-
(a) if an warrant has been issued by a Magistrate under sub-
section (4); or
(b) if special circumstances exist wherein procurement of
warrant is not practicable.

Explanation : For the purposes of this sub-section, any circumstances shall be

deemed to be special circumstances, if the act of procuring the warrant is likely
to endanger the security of life, property or evidence of an offence or to allow
the destruction or removal of any evidence of an offence.
(4) If, from the report of an Inspector, or from an information
furnished by any other person alongwith a verified statement asto the truth
thereof, it appears to the Magistrate that-
(a) for the purpose of performing the functions and
responsibilities of the Inspector under this Act, entry to a
dwelling house is necessary; and
(b) consent to the said entry has been refused or that there are
reasonable grounds to believe that such consent will be
refused ,
then a Magistrate of the first class or a Metropolitan Magistrate for a
metropolitan area may, on the application of the concerned Inspector, issue a
warrant authorising the Inspector to enter into that house and, in a proper case,

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to apply force, and the Magistrate shall mention the name of the Inspector in
such warrant and may, if he considers appropriate, specify any condition
therein.
(5) In executing an entry to a dwelling house authorised under sub-
section (4), the Inspector shall not apply force, unless he is accompanied by
police force.
(6) Where an Inspector enters any place, the occupier or the person
in charge thereof shall render all reasonable assistance to, and furnish all
information required by, the Inspector so that he can perform his duties under
this Act.
(7) No person shall, during the time an Inspector carries on his duties
under this Act-
(a) resist the Inspector or wilfully create any obstruction; or
(b) knowingly present to the Inspector a false or misleading
information, whether verbal or written;
(8) A person commits an offence if he violates the provisions of sub-
section (7), and for such offence he shall be liable to be sentenced to
imprisonment for a term not exceeding 3 (three) years or to a fine not
exceeding 3 (three) lac taka or to both.

62. Prima facie truth of Inspector’s certificate or report.- (1) Where a

certificate or report containing the results of an examination or inspection
under this Act purports to be signed by an Inspector, that certificate or report
shall be admissible as evidence in a proceedings under this Act, and, unless the
contrary is proved, the contents of the certificate or report shall be considered
as proof of such examination or report.
(2) The Commission shall, before initiating a proceedings in the
court under this Act on the basis of the said certificate or report, send a copy
thereof to the accused person personally or to his last known place of work or
residence.

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 (3) In such proceedings, the accused person may apply to the court
for a direction to the Inspector to appear before the court so that the accused
person gets an opportunity to cross-examine him.

63. Issue of enforcement order and penalty for its violation.- (1) If a
licensee or the holder of a certificate or permit-
(a) violates any provision of this Act or regulations or any
condition of the licence or permit in operating a system or
in providing a service; or
(b) has procured the licence or permit or technical acceptance
certificate by furnishing a false information,
the Commission may direct the licensee or the holder of the permit or
certificate to show cause within 30 (thirty) days asto why an enforcement order
shall not be issued or why the licence or permit or certificate shall not be
cancelled.
(2) A notice under sub-section (1) shall contain specific description
of the nature of the violation and the corrective or remedial measures, if any.
(3) Where, in response to the notice under sub-section (1), any reply
or any satisfactory explanation in respect of the allegations made in the notice,
is not submitted to the Commission, or the corrective or remedial measures
directed by the Commission are not taken within the time specified in such
notice, the Commission may, after recording reasons, by an order-
(a) impose upon the violator an administrative fine not
exceeding 3 (three) lac taka and, if the violation continues
after the issuance of the order, an additional administrative
fine not exceeding 30 (thirty) thousand taka for each day;
and
(b) in a proper case, suspend or cancel the licence, permit or
certificate or impose additional conditions.

64. Commission’s power to issue injunction on current or probable

violation.- (1) Where the Commission is of opinion that a person is acting or
about to act in a manner that has or will have the effect of violating the

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provisions of this Act or regulations or any condition of a licence or permit or a
direction or directive of the Commission, it may, by a written notice, direct that
person to show cause within 7 (seven) days asto why he shall not be restrained
from such act, and if any cause is shown by him, the Commission may, after
considering it, direct him to refrain from such act or may give such other
direction as it considers appropriate in the circumstances :
Provided that, if the Commission is satisfied that the violation or
probable violation is of such a nature that the person should be immediately
restrained from such act, the Commission may, at the time of issuing the notice,
pass an interim order directing that person to refrain from the violation or the
concerned act till the matter is decided by the Commission.
(2) The person to whom a direction is issued under sub-section (1)
shall properly comply with the direction or, the as case may be, refrain from the
concerned act.
(3) If a person violates sub-section (2), the Commission may impose
upon him an administrative fine not exceeding 1 (one) lac taka, and the person
commits offence if he fails to pay the fine, and for such offence he is liable to
be sentenced to imprisonment for a term not exceeding 3 (three) years or to a
fine not exceeding 3 (three) lac taka or to both.

65. Administrative fines.- (1) The Commission may, in addition to the

administrative fines specified in this Act, make regulations for imposition of
such fine for violation of the other provisions of this Act or regulations :
Provided that administrative fines shall not be so provided for violation
of sections 35(1), 55(1) and 57(2).
(2) Where an administrative fine may be imposed for violation of
any of the provisions of this Act or regulations, the Commission shall serve on
the violator a notice to the effect that he may admit the violation, deposit the
administrative fine specified in the notice and thus get himself discharged from
the liability, and that he may also explain his position in this regard.
(3) In relation to the violation mentioned in sub-section (2)-

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 (a) an Inspector shall fill in the prescribed notice specifying
therein the relevant facts and put his signature thereon and
shall-
(i) serve the notice personally to the accused person, or
(ii) send the notice to the last known address of his
residence or place of work ;
(b) the inspector shall specify in the notice the various aspects
to be considered in respect of the alleged violation and the
procedure to be followed, and also the amount of
administrative fine that may be imposed;
(c) the accused person may-
(i) admit the violation and pay the administrative fine
specified in the notice;
(ii) admit the violation and request for reducing the
said fine by explaining the circumstances in which
the violation took place; or
(iii) deny the violation and in support of such denial
furnish the explanation and necessary information
and request for discharge from the liability of the
proposed fine.
(4) Where an application is submitted under sub-clause (ii) or (iii)
sub-section (3)(c), the concerned officer of the Commission authorized in
behalf shall consider the matter as a whole and record his decision along with
reasons and shall, within 3 (three) days of the decision, deliver to the applicant
a copy thereof.
(5) The accused person may, within 15 (fifteen) days of the decision
under sub-section (4), apply in writing to the Commission for review of the
decision and the Commission shall, within 30 (thirty) days of lodging the
application, dispose of the matter after giving the applicant a reasonable
opportunity of being heard.
(6) Where the violator admits the violation alleged in the notice
issued under sub-section (3) and deposits the administrative fine, or a decision

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is given discharging him under sub-section (4) or (5), he shall be free from
liability accordingly, and the violation, or the administrative fine, so deposited
shall not be considered as an offence or a fine for an offence respectively.
(7) A violator commits an offence if he fails to pay the administrative
fine imposed or to appear pursuant to a notice issued under this section and
accordingly he shall be liable to be put on trial.

CHAPTER XI
Offence, Penalty, Investigation and Trial
66. Penalty for sending false message etc. by using radio or
telecommunication.- (1) No person shall, by using telecommunication
apparatus or radio apparatus, intentionally send or cause to be sent any danger-
signal, message or call which is false or fraudulent.
(2) A person commits an offence, if he-
(a) violates sub-section (1); or
(b) without lawful excuse, uses installs, modifies, operates or
possesses an apparatus, device or a component thereof
under circumstances that give rise to a reasonable
inference that the apparatus, device or component has
been, or is being, or was intended to be, used in violation
of that sub-section, and
for such offence he shall be liable to be sentenced to imprisonment for a term
not exceeding 3 (three) years or to a fine not exceeding 3 (three) lac taka or to
both.

67. Penalty for causing interference in radio communication and

telecommunication.- (1) No person shall-
(a) without lawful excuse, create obstruction to or cause
interference in radio communication or
telecommunication; or
(b) intercept any radio communication or telecommunication
nor shall utilize or divulge the intercepted communication,
unless the originator of the communication or the person

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 to whom the originator intends to send it has consented to
or approved the interception or divulgence.
(2) A person commits an offence if he contravenes sub-section (1)
and for such offence he shall be liable to be sentenced to imprisonment for a
term not exceeding 3 (three) years or to a fine not exceeding 3 (three) lac taka
or to both.

68. Penalty for misuse of radio or telecommunication apparatus by

employee.- (1) An employee of an operator shall not-
(a) intentionally transmit, by using a telecommunication
apparatus or radio apparatus, a message which to his
knowledge is false, or misleading, or is likely to affect the
efficiency of a telecommunication service or the security
of life or property of a person;
(b) in course of his duty -
(i) use any telecommunication apparatus or radio
apparatus with intent to obtain any information
relating to the sender or addressee, or the content of,
a message sent by telecommunication or radio
communication, unless the Commission has
authorized that employee or the operator to receive
the message;
(ii) except for the requirement of a legal proceedings of
the Commission or a court or of a consequential
proceeding, disclose any information about the
sender or addressee or contents of a message which
has come to his knowledge only by using or in
connection with the use of a telecommunication
apparatus or radio apparatus;
(c) create obstruction in any part of a telecommunication
network which is being used for sending or receiving an
information or message or anything else, nor shall he

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 obtain any information relating to the sender or addressee
or content of the message, unless he is authorized in this
behalf by the Commission or by the sender or addressee of
such message.
(2) A person commits an offence if he contravenes sub-section (1)
and for such offence he shall be liable to be sentenced to imprisonment for a
term not exceeding 5 (five) years or to a fine not exceeding 5 (five) lac taka or
to both.

69. Penalty for sending obscene, indecent message etc.- If-

(a) a person offers to another person engaged in the operation of a
telecommunication apparatus or radio apparatus to send an
obscene, threatening or grossly insulting message , or
(b) the person secondly mentioned, pursuant to such offer,
knowingly or intentionally sends that message,
then, in case of clause (a), the person offering to send, and in case of clause (b),
both the person offering to send and the person sending, the message commits
an offence, and for such offence the person so offering to send or, as the case
may be, the person sending the message shall be liable to be sentenced to
imprisonment for a term not exceeding 6 (six) months or to a fine not
exceeding 50 (fifty) thousand taka or to both.

70. Penalty for causing annoyance by telephone calls.- (1) A person

commits an offence if he, without a reasonable excuse, repeatedly makes
telephone calls to another person in such a manner that the calls cause
annoyance or inconvenience to that other person, and for such offence the
firstly mentioned person shall be liable to be sentenced to a fine not exceeding
25 (twenty five) thousand taka and, in default of payment of fine, to an
imprisonment for a term not exceeding 3 (three) months.
(2) It shall be lawful for the operator, upon a complaint and
authorization in this behalf from the person to whom such calls are made or
from another person on behalf of the firstly mentioned person, to trace the

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source of, to intercept, monitor or record the calls or to take steps to prevent the
calls.

71. Penalty for eavesdropping telephone conversation.- A person

commits an offence, if he intentionally listens to a telephone conversation
between two other persons, and for such offence, he shall be liable to be
sentenced to imprisonment for a term not exceeding 6 (six) months or to a fine
not exceeding 50 (fifty) thousand taka or to both.

72. Penalty for trespass, unlawful stay, causing damage to apparatus,

obstruction to operation activity etc.- A person commits an offence, if he-
(a) without permission of the person-in-charge, enters an office
where telecommunication or radio communication is operated
with the help of licensed telecommunication apparatus or radio
apparatus;
(b) after entry to that office in any way, fails to leave it even after the
request of the person in-charge or of a person subordinate to the
person in-charge;
(c) ignoring a prohibitory notice, enters a place where such apparatus
has been kept;
(d) after entry to such office or place in any way, obstructs any
person to perform his duty; or
(e) internationally causes damage to such apparatus, or removes it, or
unlawfully impairs the efficiency of it or renders it unworkable ,
and for such offence he shall be liable to be sentenced to imprisonment for a
term not exceeding 7 (seven) years or to a fine not exceeding 7 (seven) lac taka
or to both.

73. Other offences and penalties.- (1) Any of the following acts of a
person shall be an offence, namely:-
(a) the act of operating a telecommunication system or
providing service in violation of any condition of a licence
or permit, or any abetment of such violation;

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 (b) the act of sending or receiving any information or
providing any service by using a telecommunication
system or radio apparatus which that person knows or has
reason to believe that such system or apparatus has been,
in violation of this Act, established or being operated
under his direct or indirect control, or the act of using such
system or apparatus for any purpose incidental to the
aforesaid sending or receiving of information or providing
service;
(c) the act of using any mechanical, electrical or other device
in order to avoid charges payable for a service taken or to
be taken;
(d) while performing duties in a licensed telecommunication
network, the act of intentionally causing any change in, or
distortion of, or unlawful interference to, the contents of a
message sent through that network;
(e) failure or refusal to supply to the Commission an
information or document which the Commission is entitled
to obtain under this Act or regulations and for the supply
of which the Commission has given 10 days’ notice.
(2) Where a person is found guilty of an offence under sub-section
(1), he shall be liable to be sentenced to imprisonment for a term not exceeding
5 (five) years or to a fine not exceeding 5 (five) lac taka or to both; and if such
offence is a continuous one, he shall be liable to an additional fine not
exceeding 25 (twenty five) thousand taka for each day of the continuous period
after the first day.
(3) Where a person contravenes a provision of this Act or the
regulations made thereunder for which no penalty is prescribed in this Act or
the regulations he shall, on being found guilty of that violation, be liable to be
sentenced to the following penalties :-

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 (a) for the first-time violation, imprisonment for a term not
exceeding 2 (two) years or to a fine not exceeding 2 (two)
lac taka or to both;
(b) for each subsequent violation to a fine not exceeding 3
(three) lac taka or an imprisonment for a term not
exceeding 3 (three) years or to both.
(4) The imposition of a penalty under sub-section (2) shall not affect
any other right or remedy of a person aggrieved by the concerned offence.

74. Penalty for abetment of offence etc.- If a person aids the Commission
of any offence under this Act, or if he instigates or conspires to commit such
offence and the offence is committed as a result of that instigation or
conspiracy, he shall be liable to be sentenced to the same penalty prescribed for
the commission of that offence.

75. Provision in regulations relating to offence, penalty, compensation.-

The Commission may make regulations on the following:-
(a) identifying the conditions of a licence or permit issued by the
Commission or certain provisions of regulations the violations of
which will constitute offence and imposition of a penalty of
imprisonment for a term not exceeding 2 (two) years or fine not
exceeding 2 (two) lac taka or both for such offence ;
(b) specifying the compensation, which may extend to 2 (two) lac
taka, to be paid to a person affected by the violation of
regulations or the conditions of a licence or permit issued by the
Commission, and the procedure for realization of such
compensation.

76. Offence by company.- (1) If the person contravening a provision

contained in or made under this Act is a company, every owner, director,
manager, secretary or other officer or employee or representative of the
company shall be deemed to have violated that provision, unless he proves that

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the violation took place beyond his knowledge or that he took all possible steps
within his capacity to prevent the violation.

Explanation.- In this section -

(a) “company” means any company, statutory body,
partnership, society or association of persons;
(b) “director” includes a partner, or a member of a board of
director, by whatever name called.
(2) Notwithstanding the provisions of the Criminal Procedure Code,
where an offence under this Act or regulations is committed by a company, the
Court of Sessions, having jurisdiction over the place at which the registered
office, or the head office of the company is situated or, if the company does not
have such an office, the place from which its activities are generally regulated,
or the place at which the offence has been committed or the concerned offender
of the company is available shall be the court of competent jurisdiction.

77. Jurisdiction of courts relating to cognizance and trial of offences.-

(1) Notwithstanding the provisions of the Criminal Procedure Code, no court
inferior to a Court of Sessions shall be competent to hold the trial of an offence
under this Act or regulations.
(2) Only a Magistrate of the first class or a Metropolitan Magistrate
or a court superior to such Magistrate shall be competent to take cognizance of
an offence under this Act on the basis of a report of an Inspector or a person
authorized by the Commission.

Explanation.- Despite the fact that a person has not been sent by such
Magistrate, the Court of Sessions may on the basis of that report or related
information, take cognizance of an offence which appears to have been
committed by that person.
(3) Where the said court takes cognizance of an offence, it may take
all actions in accordance with the Criminal Procedure Code for making the case
ready for trial including issuance of summons or warrant arrest for appearance
of the accused person in the court.

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78. Lodgement of complaint and procedure of investigation.- (1) The
Commission may authorize an Inspector or any other officer to investigate an
offence specified in this Act or regulations.
(2) The Inspector or the other officer, hereinafter referred to as the
investigating officer, may, in view of a complaint of any person or other
information, initiate proceedings under this section.
(3) Before starting formal investigation of an offence, the
investigating officer shall submit to the officer specified in this behalf by the
Commission a preliminary report and the secondly mentioned officer shall,
upon consideration of the relevant facts and circumstances, decide, within 7
days of the submission of the report, as to whether or not formal investigation
or other action under this Act or regulations or no such action in relation to the
matter will be expedient, and accordingly subsequent actions shall be taken.
(4) Where a decision to initiate formal investigation is taken under
sub-section (3), the investigating officer shall present to the concerned police
station a copy of the said preliminary report which shall be recorded in the
police station as an information relating to the offence.
(5) The investigating officer shall, in relation to the investigation of
an offence, be competent to exercise the same powers as the officer-in-charge
of a police station can exercise.
(6) After completion of the investigation, the investigating officer
shall submit to a Magistrate of the first class or to a Metropolitan Magistrate
having jurisdiction the original copy of the investigation report and also the
supporting documents or copies thereof; and shall keep a copy of the report at
his office and send another copy to the police station.
(7) Despite the provision of sub-section (3), the investigating officer
may, if the relevant offence and the circumstances thereof so require, seize any
relevant document, thing or apparatus before receipt of a decision infavour of
holding formal investigation under that sub-section, if he is satisfied that any
delay may result in the destruction or removal of the document, thing or
apparatus, and he may also arrest any person involved in the offence, if he is
satisfied that such person is likely to abscond.

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79. Application of Criminal Procedure Code.- (1) Subject to the
provisions of this Act, and the rules and regulations made thereunder, the
Criminal Procedure Code shall apply to the investigation of an offence under
this Act, trial, appeal and all incidental matters.
(2) A case initiated in a court on the basis of a report of an Inspector
under this Act shall be deemed to be a case so initiated on the basis of a police
report.

80. Assistance to Public Prosecutor etc. by officer of Commission.- An

officer of the Commission specified in this behalf may assist the Public
Prosecutor or the concerned Additional or Assistant Public Prosecutor in
conducting a case under this Act in the Court of Sessions, and that officer may
himself make submission before the Court.

81. Confiscation of apparatus etc.- (1) Where an offence under this Act is
committed, the Court may, in consideration of the nature and the circumstances
of the offence, pass in favour of the Commission an order of confiscation of the
telecommunication apparatus or radio apparatus or the vehicle or other thing or
document, in this section referred to as the materials, in relation to or with the
help of which the offence has been committed :
Provided that the materials of a Government organization or a statutory
body shall not be so confiscated in connection with commission of any such
offence.
(2) Where any material is confiscated under sub-section (1), the
Commission shall publish in two widely circulated national dailies published
from Dhaka a notice about such confiscation; and after 30 (thirty) days of
publication of the notice, the Commission may dispose of the confiscated
material.
(3) If any person, not being the person found guilty of the offence,
claims any interest in the confiscated materials as an owner, mortgagee, lien
holder or in any other capacity, he may, within 30 days after publication of the
notice of confiscation, submit to the trial court an application, hereinafter

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referred to as the said application, for obtaining an order under sub-section (5);
and the court shall fix a date for hearing on the said application.
(4) The applicant shall, at the time of or before submission of the
said application, send a notice alongwith a copy of the said application to the
Commission and other persons who, to the knowledge of the applicant, claim
any interest in the confiscated material under sub-section (3).
(5) If, after giving to the Commission, the applicant and other
claimants a reasonable opportunity of being heard, the court is satisfied that-
(a) the offence, in connection with which the materials have
been confiscated, was committed beyond the knowledge
or permission or consent of the applicant or the other
claimant; and
(b) the applicant or the other claimant took such precautionary
measures that he had reason to remain satisfied that the
offence would not be committed by the permitted
possessors or users of the materials,
then the court may, declare that the interest of the applicant or other claimant in
respect of whom the court is so satisfied will have preference to those of other
interested persons; and in addition, the court may direct that the materials be
returned to such interested person or persons or, where the materials have been
sold or otherwise disposed of, direct the payment of such money out of the sale
proceeds to each of such interested persons in proportion to their interest, as the
court may consider appropriate.
(6) The said owner or interested person shall not be entitled be to
claim any compensation in a proceeding of confiscation or disposal of the
material under this section or in any other related proceedings, nor shall he
raise any claim for compensation or other claim in any other court.

82. Disposal of realized administrative fine and the fine for commission
of offences.- All administrative fines and the fines for commission of offences
realized under this Act and regulations shall be credited to the public accounts
of the Republic.

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83. Right to civil suits and other remedies for unlawful disclosure of
message.- (1) If a person, on reasonable grounds, believes that a message sent
or received by him has been or will be unlawfully disclosed, or that it has been
or will be used in violation of the provisions of section 67(1) or 68(1), he may,
for prohibiting such disclosure or use or for realizing compensation from the
person liable for such disclosure or use, file a civil suit in the court of Sub-
Judge against the person so disclosing or using; and in such a suit the court
may pass on order of injunction or award compensation or other relief as it
considers appropriate.
(2) If a person has been found guilty of an offence under section
67(1) or 68(1) and if, on the basis of the same occurrence, a civil suit is filed
under sub-section (1), of this section, the certified copies of the evidence
admitted in the criminal proceedings may be presented for admission in the
civil suit to prove the alleged unlawful disclosure or use of a message; and the
decision by which that person was found guilty shall, in relation to the relief
prayed for, be deemed to be sufficient proof.
(3) A civil suit under sub-section (1) shall be filed within 3 (three)
years from the date on which the cause of action for the suit arose.
(4) Filing of a civil suit by a person under this section shall not affect
the exercise of his other rights including his right to seek other remedies.

CHAPTER XII
Flow of information
84. Supply of accounts and information to Commission.- (1) The
Commission may issue directions to any operator or class of operators on any
of the following subjects:-
(a) for the purpose of ensuring compliance with the provisions
of this Act or proper exercise of Commission’s power,
adoption of any method of identifying the cost of
providing telecommunication services and adoption of any
internationally recognised accounting method :

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 Provided that such accounting method shall be consistent
with the methods prescribed in the Companies Act, 1994; and
(b) for the purpose of implementation of the provisions of this
Act, furnishing to the Commission information on such
matter, and in such periodic reports or other form or
manner as the Commission may specify.
(2) Where the Commission has reasons to believe that, for the
purposes of implementation of this Act, it is necessary to collect an information
or a document from an operator or other licensee, or from the holder of a
permit or certificate or any other person, the Commission may direct him to
deliver the information to the Commission and he shall be bound to comply
with such direction :
Provided that such person shall not be compelled to deliver a document
or contents thereof which the person is not bound to deliver to a court in
connection with a civil suit; and the burden of proof that he is not so bound
shall lie on him.

85. Access to information and confidentiality.- (1) Subject to sub-section

(2), the Commission shall ensure that people get opportunity to inspect and to
collect copies of all information that the Commission receives in course of
performance of its functions under this Act :
Provided that the Commission may make exception in case of an
information that if considers confidential.
(2) No Commissioner, or consultant, officer or employee or any
other person employed by the Commission shall knowingly disclose or allow to
be disclosed any confidential information to any other person in a manner so
that the information may be used to the benefit of that other person or to the
detriment of a related person; disclosure of a confidential information shall be
deemed to be a misconduct.

Explanation.- This sub-section shall apply to any person who was a

Commissioner, consultant, officer or employee of the Commission.

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 (3) If the Commission, in the course of a proceedings, receives a
confidential information and it is of the opinion that the information should be
published in the public interest, the Commission may, after giving reasonable
opportunity of being heard to a person who purports to be interested in the
information, decide to publish or not to publish the information; and in an
appropriate case the Commission may itself publish the information or direct
the concerned person to publish it.

86. General inquiry and decision thereon.- The Commission may, on its
own initiative or on the application of any person, inquire into and take a
decision on a matter or activity which is prohibited or permitted or required to
be done by this Act.

87. Public hearing and its procedure.- (1) If the Commission, on the basis
of an application or other information, is of the opinion that in the public
interest a public hearing on a matter relating to the exercise or proposed
exercise of its power or on any other matter is necessary, it may hold public
hearing.
(2) For the purpose of holding public hearing under sub-section (1),
the Commission may form a public hearing committee consisting of three
members, hereinafter referred to in this Chapter as the Committee; the
Chairman or Vice-Chairman of the of the Commission shall be the president of
the Committee, and the two other members shall be appointed by the
Commission from amongst the other Commissioners or officers of the
Commission.
(3) If the regulations do not specify the procedure to be followed in
public hearing, such hearing shall be conducted in the procedure as the
Committee may, subject to this Act, consider appropriate.
(4) The Committee shall take decision on any matter on the basis of
majority of votes of its members.
(5) The Committee may, for the purpose of obtaining proper
evidence or information, require written evidence or arguments on a matter

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under inquiry and it may also decide on what matter evidence or arguments
may be presented.
(6) Where the Committee considers appropriate, it may allow the
concerned person to take the assistance of his engaged advocate or expert of
the concerned matter or representative in presenting the evidence or
information.
(7) The proceedings of a public hearing shall be open to the public,
and the president of the Committee shall make arrangements for recording the
evidence and other information and the matters considered by the Committee
and the minutes of the hearing.
(8) Any person who has been summoned or, although not
summoned, any person whose interest is likely to be affected or prejudiced, or
any person who has knowledge about the matter under inquiry, may in person
or through his authorized representative appear and make submission before
the Committee.
(9) The Committee may, during or after completion of the inquiry-
(a) take decision, after recording reasons therefor, on matters
under inquiry or any part thereof;
(b) exclude any matter or part thereof from hearing or stop the
hearing on it, if it appears to the Committee that such
matter or part thereof is trivial or vexatious or unfounded
or that further hearing is not necessary or desirable;
(c) generally give all such directions and do all such things as
are necessary for ensuring an expeditious and fair hearing
on the matter under its consideration and for taking
decisions thereon.
(10) The substantial decisions taken under sub-section (9)(a) or
summery of such decisions shall be published in at least two widely circulated
national dailies, and the copy of each direction issued and decision taken
during the public hearing shall, subject to payment of the fees specified in this
behalf by the Commission, be supplied to parties who participated in the
hearing.

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88. Summoning witnesses and producing evidence in public hearing.-
(1) The Committee shall have the same powers to summon a witness or any
other person presenting evidence in a public hearing as a civil court may
exercise under the Code of Civil Procedure, 1908 (Act V of 1908) in relation to
the summoning of a witness or production of evidence in that court; and the
Committee shall follow that Code in those matters.
(2) Where the Committee is of opinion that a person is able to give
evidence on any matter under inquiry under section 87, the Committee may, by
issuing a notice, summon that person to appear before it and take his evidence;
any person so summoned may be given reasonable expense for appearing in the
public hearing.
(3) If a person summoned to appear in the public hearing-
(a) fails, without reasonable excuse, to appear at the time and
place mentioned in the notice;
(b) refuses, without a reasonable excuse, to reply any question
put to him by the Committee, or intentionally gives a false
or distorted information or statement in reply to such
question, or intentionally suppress an information relating
to the matter under inquiry; or
(c) refuses or, without reasonable excuse, fails to produce the
document or information which is in his possession and
has been required by the Committee,
he shall be liable for the offence of contempt of court for
disregarding the decision of the Committee.
(4) Where the Committee is of the opinion that a person has
committed an offence mentioned in sub-section (3), the president of the
Committee shall send a report to the High Court Division accordingly.
(5) In a proceeding for trial of the offence of contempt of court
initiated on the basis of a report under sub-section (4), the report purported to
have been signed by the president of the Committee shall-
(a) be admissible as evidence and, unless the contrary is
proved, it shall not be required to be formally proved; and

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 (b) be a prime facie evidence of the facts stated therein and
the decision of the Committee on such facts and the truth
of such decision.
(6) The contempt of court specified in sub-section (3) shall be tried
by the High Court Division in the same procedure as is followed in the case of
a contempt of court under the Contempt of Courts Act, 1926 (XII of 1926), and
the penalty specified in that Act may be imposed on the accused person
mentioned in that report.

CHAPTER XIII
Transitional provisions, transfer of rights and liabilities
89. Certain matters under Act XIII of 1885 and XVII of 1933 to be
vested in the Commission.- If, before the commencement of this Act, the
Government had executed a licence-agreement, or had issued a licence,
certificate or permit under the Telegraph Act, 1885 (XIII of 1885) or the
Wireless Telegraphy Act, 1933 (XVII of 1933), and the Commission is
authorized by this Act to issue such licence, certificate or permit-
(a) the licence, certificate or permit so issued shall, subject to
the provisions of section 90, remain valid as if it were
issued by the Commission;
(b) the licence-agreement so executed shall, subject to the
provisions of section 90, remain valid as if it were
executed by the Commission;
(c) an order, direction or directive, issued or a permission or
consent given in relation to such licence, certificate or
permit shall remain valid as if the order, direction,
directive, were issued or the permission or consent were
given by the Commission under this Act;
(d) the name of the Commission shall be substituted for the
Government in any civil suit instituted by or against the
Government in relation to such licence or licence-
agreement or certificate or permit.

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90. Existing licences and other authorizations to continue for limited
period.- (1) Any person who, on the commencement of this Act, has a right to
establish a telecommunication system or to operate or maintain it or to provide
telecommunication service by virtue of a licence, licence-agreement, technical
acceptance certificate or permit, hereinafter referred to as the said document,
may continue the activity specified in the said document for a period not
exceeding 12 months from the date of commencement of this Act, and he shall
be deemed to be a holder of the said document under this Act.
(2) If the holder of the said document intends to continue the
activities allowed by it, he shall, within three moths after the commencement of
this Act or before the expiry of the validity period of the said document,
whichever is earlier, apply to the Commission alongwith the original of that
document and relevant information for the purpose of obtaining an order under
sub-section (3).
(3) If the Commission, after examining the said document and the
relevant information, is satisfied that the said document was properly executed
or issued in accordance with the laws, rules or regulations in force at that time,
and the content or any condition thereof is not inconsistent with this Act, the
Commission-
(a) shall issue an order to the effect that the holder of the said
document is a holder of a licence or, as the may be, the
holder of a certificate or permit that may be issued under
this Act; and for this purpose a licence-agreement shall be
deemed to be a licence;
(b) may amend the said document, if it considers that any
condition or content thereof is inconsistent with this Act or
any new condition or content is be inserted therein; and
the said document shall, subject to such amendment,
remain valid; and in such a case the Commission shall
specify the amendment in that order or any subsequent
order.

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 (4) Until the disposal of an application submitted under sub-section
(3), the activities under the said document may be continued.
(5) Where an application under this section is not submitted in
relation to the said document or where the Commission is not satisfied about its
legality, the Commission shall issue an order to the effect that the said
document shall not remain valid since the date specified in the order.
(6) The legality or propriety of an order issued, or any amendment
with regard to a condition or content of the said document made, under this
section cannot be called in question in any court.

91. Radio frequency allocated before commencement of Act to continue

for limited period.- (1) If a person has acquired, before the commencement of
this Act, a right to use a radio frequency, he shall within 6 (six) months of such
commencement, apply to the Commission for allocation of that frequency; and
the Commission shall send to the Spectrum Management Committee for
examination of the application and recommendation thereon.
(2) After consideration of all the applications received under sub-
section (1) and the relevant information, that Committee shall make such
recommendations as it considers appropriate as to whether the same radio-
frequency earlier allocated or any other proper radio-frequency or a radio-
frequency of a lower or higher range should be allocated to him or any other
action should be taken, and the Commission shall take action accordingly.
(3) The Commission shall, within 12 (twelve) months of the
commencement of this Act, dispose of all the applications received under this
section; and until his application is disposed of, the applicant shall be entitled
to use the radio-frequency earlier allocated to him, unless the Commission
otherwise cancels or alters the allocation.

92. Approval of pre-commencement tariff.- All tariff, call-charges and

other charges that were existing immediately before the commencement of this
Act shall, until changed under this Act, remain valid after such commencement
as if they were fixed under this Act.

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93. Bangladesh Telegraph and Telephone Board deemed to be licensee.-
Notwithstanding the other provisions of this Act or any contrary provision of
the Telegraph and Telephone Board Ordinance, 1979 (XII of 1979), the
Bangladesh Telegraph and Telephone Board (BTTB) established under the said
Ordinance shall, on the commencement of this Act, acquire the status of a
licensee, and the same conditions, so far as may be, shall apply to that Board as
are applicable to an operator under this Act :
Provided that within 1 (one) year from the commencement of this Act,
BTTB shall apply to the Commission for a licence :
Provided further that until reorganization of the affairs of BTTB is
completed, but not later than 3 (three) years, BTTB may continue to apply the
tariff, call-charges and other charger for the services provided by it.

CHAPTER XIV
Miscellaneous
94. Public Servant.- The Chairman and other Commissioners, officers and
employees, consultants and any other person authorized by the Commission in
writing to exercise its power or to perform its functions shall be deemed to be a
public servant within the meaning of section 21 of the Penal Code (Act XLV of
1860).

95. Indemnity.- A person, who is affected by any order or direction issued

under the provisions of this Act or regulations, or by anything done or
purported to have been done in good faith under those provisions or order or
direction, shall not be entitled to bring a suit for compensation against the
Minster or an employee of the Government or the Chairman or other
Commissioner or any officer or employee or consultant of the Commission.

96. Acquisition of radio apparatus, telecommunication system etc.- (1)

The Government may in public interest take over possession of a radio
apparatus or the place where it is used, any telecommunication system, and all
arrangements that are necessary for operating them, continue such possession
for any period and keep the operator and his employees engaged on full-time

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basis or for a particular time for the purpose of operating such apparatus or
system.
(2) The owner or the person having control of the radio-apparatus or
telecommunication system taken over by the Government shall vacate
possession, and the operator or the employees mentioned in that sub-section
shall, with faithfulness and due diligence, comply perform their duties
according to the direction of the officer authorized by the Government, and
shall transmit and receive the signals, calls, and message as directed by that
officer.
(3) The Government shall pay proper compensation to the owner or
the person having control of the radio apparatus or the telecommunication
system taken over by the Government, and if both sides fail to agree on the
amount of such compensation, the Government shall refer the matter to the
court for disposal, and the District Judge himself or an Addition District Judge
subordinate to him may dispose of the matter in the manner prescribed by rules
or in the absence of rules, as he considers appropriate, and his decision on the
matter shall be final.

97. Preferential right of Government in emergency.- (1) During war

declared, or a situation of war created, by a foreign power against Bangladesh,
or during internal rebellion or disorder, or in a situation where the defence or
other security of Bangladesh or any other urgent state-affair needs to be
ensured, the Government shall have preference compared to the operator or any
other user in using a radio apparatus or telecommunication system.
(2) If the President declares an emergency, the Government may
suspend or amend any licence or certificate or permit issued under this Act, or
suspend any particular activity of, or a particular service provided by, an
operator, but the Government shall pay compensation for the suspended service
or installation.

98. Power to make rules.- For carrying out the purposes of this Act, the
Government may, by notification in the official Gazette, make rules consistent
with the provisions of this Act.

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99. Power to make regulations.- (1) For carrying out the purposes of this
Act, the Commission may, by notification in the Gazette, make regulations
consistent with this Act and the rules made by the Government.
(2) Within 7 (seven) days of publication of the regulations in the
official Gazette, the Commission shall send to the Ministry, a copy of such
regulations and the Ministry may, upon examination of the consistency of the
regulations with this Act and the rules, direct necessary amendments to the
regulation, and the Commission shall take necessary steps accordingly.

100. Abolition etc. of Project.- Notwithstanding anything contained in any

other law for the time being in force or any contract or other document, the
technical assistance project named Establishment of Bangladesh
Telecommunication Regulatory Commission project or any other project
undertaken by the Government before the commencement of this Act for the
purpose of establishing the Commission, hereinafter referred to as the Project,-
(a) shall stand abolished on the date specified by the Government;
and
(b) upon such abolition all assets, rights, powers and privileges of the
Project shall vest in the Commission; and
(c) all officers and employees of the Project shall be deemed to be
the officers and employees of the Commission, and they shall
remain in the service of the Commission and their salaries,
allowances and other conditions of service shall be determined by
the Commission :
Provided that any such officer or employee may, within 3 (three) months
of the abolition of the Project, express his intention not to remain in the service
of the Commission and thereupon he shall cease to be in the service of the
Commission.

101. Government’s power to remove difficulty.- If there is any difficulty

arising from any vagueness in any provision of this Act relating to the power
and functions of the Commission, the Government may, by notification in the
official Gazette and in keeping with the other provision of this Act, clarify or

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explain that vague provision and give directives on the course of action of the
Commission.

102. Publication of Translated English text of the Act.- As soon as may be

after the commencement of this Act, the Government shall, by notification in
the official Gazette, publish a translation of this Act in English and such
translation shall be known as the Authentic English Text of this Act; however
in case of conflict between this Act and the said text, this Act shall prevail.

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