Move to amend Companies Act 1994 unconstitutional: Dr Kamal

Gano Forum President Dr Kamal Hossain on Wednesday said the cabinet’s approval of the proposed amendment to the ‘Bangladesh Companies Act 1994’ allowing the government to appoint administrator to any company goes against the constitution.

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In a written statement, Dr Kamal said, “The amendment will make provisions for allowing indemnity to the administrators and that means if any individual is harmed by the administrator he/she will not be able to move to the court.”

The cabinet on Monday endorsed the proposal for amending the act that involves the appointment of administrators by the government, if it deems so, to any company registered under the act.

“It (the amendment) contradicts with the constitution and will also curb the constitutional rights of people,” the eminent jurist said.

The cabinet cleared the critical amendment proposal without holding any discussion on it in parliament, Dr Kamal said, adding that such amendment bypassing parliament is unexpected and unusual.

He urged the government not to amend the act without discussing it with all concerned, particularly in parliament.