The Bangladesh (Freedom Fighters) Welfare

Trust Order, 1972 (President’s Order)

WHEREAS it is expedient to provide for establishment of a Trust for the
Welfare of the disabled freedom fighters and dependants of Shaheeds of the war
of liberation and for matters connected therewith; 1
NOW, THEREFORE, in pursuance of the Proclamation of Independence of
Bangladesh, read with the Provisional Constitution Order, 1972, and in exercise of all
powers enabling him in that behalf, the President is pleased to make the following
Order:-
1 1. (1) This Order may be called the Bangladesh (Freedom Fighters)
Welfare Trust Order, 1972.

(2) It extends to the whole of Bangladesh.

(3) It shall come into force at once.

2 2. In this Order, unless there is anything repugnant in the subject or
context,-

2[ (a) “beneficiaries” means disabled Freedom Fighters, their

dependents or the dependents of the Shahids or members of Muktifauz
in distress and requiring assistance;]

(b) “Board” means Board of 3[ Trustees];

(c) “Chairman” means the Chairman of the Board;

(d) “dependant” includes wife, husband, minor sons, unmarried

daughters, parents, minor brothers, divorced or widowed sisters of a
freedom fighter or of a Shaheed, who are dependant on him;

(e) “disabled” means incapable of pursuing any normal vocation

because of injuries suffered during the war of liberation;

4[ * * *]

(g) “Trust” means the Bangladesh (Freedom Fighters) Welfare Trust

established by this Order;

5[ (h) “freedom fighter” means any person who had served as a

member of any force engaged in the war of liberation but shall not
include the serving members of the defence services, police or the civil
armed forces, or any Government pensioner, or any other person having
 any regular source of income;]

(i) “Fund” means the Bangladesh (Freedom Fighters) Welfare Fund

referred to in Article 12;

(j) “Government” means the Government of the People’s Republic of

Bangladesh;

6[ (jj) “Managing Director” means the Managing Director of the Trust;]

(k) “prescribed” means prescribed by rules or regulations made under

this Order;

(l) “Shaheed” means a person who suffered death while engaged in the
war of liberation 7[ ;

(m) “Trustee” means a member of the Board.]

3 3. (1) On the coming into force of this Order, there shall be established
a corporation to be called the Bangladesh (Freedom Fighters) Welfare
Trust.

(2) The Trust shall be a body corporate, having perpetual succession

and a common seal, with power to acquire, hold and dispose of
property, both movable and immovable, and shall by its name sue and
be sued.
4 4. (1) The Head Office of the Trust shall be located at Dacca.

(2) The Trust may establish such regional or other offices, branches and
agencies as the Board may, with the prior approval of the Government,
think fit.
5 5. (1) The functions of the Trust shall be to provide for the welfare of
the beneficiaries and to provide assistance for their relief and
rehabilitation, and to acquire property, to promote, establish, maintain
and manage commercial and industrial undertakings and to do all things
considered necessary for the discharge of the said functions.

(2) Without prejudice to the generality of the foregoing provision, the

Trust shall, in particular, have power-

(a) to give assistance, in cash or kind, for the welfare, relief and
rehabilitation of one or more beneficiaries;

(b) to promote, establish, undertake and manage projects and schemes

the object of which is the welfare of one or more beneficiaries;

(c) to establish and maintain clinics, dispensaries or hospitals for

 specialised treatment of disabled freedom fighters;

(d) to establish and maintain rehabilitation and training centres and

homes for disabled freedom fighters;

(e) to provide vocational training facilities to beneficiaries;

(f) to sanction pension to such beneficiaries as are unable to pursue

normal vocations;

(g) to award scholarships and stipends to deserving beneficiaries for

prosecution of studies;

(h) to acquire, hold and dispose of property, both movable or

immovable;

(i) to promote, establish, own, possess, manage, maintain and dispose

of any industrial or commercial undertakings, with the prior approval of
the Government, for the benefit of beneficiaries;

(j) to accept the management of any trust fund or endowment in which

the Trust is interested;

(k) to receive moneys, securities, instruments or any other movable

property for and on behalf of the Trust;

(l) to invest the moneys and funds of the Trust and to vary the
investments as and when it may deem necessary or proper;

(m) to purchase, sell, endorse, transfer, negotiate or otherwise deal in

securities of the Government and any other securities as approved by
the Government;

(n) to raise loans for its enterprises and undertakings and for this
purpose, to pledge, hypothecate, mortgage or otherwise charge the
properties of the Trust;

(o) to enter into contracts, engagements, arrangements and execute

necessary documents;

(p) to do such other things as may be considered necessary or expedient

for carrying out the purposes of this Order including complying with
orders and directions issued by the Government from time to time;

(q) to do all other things as may be prescribed.

6 6. (1) Subject to rules and regulations made under this Order, the
 general direction and superintendence of the affairs and business of the
Trust shall vest in a Board of 8[ Trustees] which may exercise all such
powers and do all such acts and things as may be exercised by the
Trust.

(2) The Board, in discharging its functions, shall be guided by such

directives as the Government may give from time to time.
7 7. 9[ (1) The Board shall consist of the following Trustees, namely:-

(a) the Prime Minister, Government of the People's Republic of

Bangladesh, who shall also be its Chairman;

10[ (b) the Minister–in-charge of the Ministry of Liberation War

Affairs, Government of the People's Republic of Bangladesh, who shall
also be its Vice-chairman;]

(c) four members of Parliament (Freedom Fighter) to be nominated by

the Prime Minister;

(d) Secretary-in-charge of the Ministry or Division dealing with

finance;

(e) Secretary-in-charge of the Ministry or Division dealing with

industries;

11[ (f) Secretary-in-charge of the Ministry or Division dealing with

Liberation War Affairs;]

(g) one representative of the Bangladesh Army (Freedom Fighter), not

below the rank of a Brigadier, to be nominated by the Chief of Army
Staff;

(h) Managing Director, Bangladesh (Freedom Fighters) Welfare Trust,

ex-officio.

Explanation – Notwithstanding the definition of “freedom fighter”

contained in clause (h) of Article 2 of this Order, for the purpose of this
clause “Freedom Fighter” means a freedom fighter who actively
participated in the war of liberation.]

(2) No act or proceeding of the Board shall be invalid merely on the

ground of existence of any vacancy in, or any defect in the constitution
of, the Board.
7A 12[ 7A. (1) A Management Committee to perform the functions
mentioned in clause (2) shall be constituted with the following
members, namely:- 13[
8 8. 14[ (1) The 15[ Chairman] and other Trustees shall hold office for
such period and on such terms and conditions as the Government may
determine.]

16[ (2) The Government may, at any time, remove any Trustee, other
than an ex-officio Trustee, without assigning any reason.]
9 9. (1) The 17[ Chairman] and other 18[ Trustees] shall exercise such
powers, perform such functions and discharge such duties as may be
prescribed by the Board.

19[ (2) In the absence of the Chairman, the powers and functions of the
Chairman shall be performed by such officials of the Trust and the
meetings of the Board shall be presided over by such Trustee as the
Chairman may direct in writing.]
9A 20[ 9A. (1) The Trust shall have a full-time Managing Director to be
appointed by the Government, who shall be the chief executive of the
Trust.

(2) The Managing Director shall be appointed on such terms and

conditions as may be determined by the Government.]
10 10. (1) The meetings of the Board shall be held at such times and at
such places as may be prescribed:

Provided that a meeting may also be otherwise convened by the

Chairman when he so thinks fit.

(2) The meetings of the Board shall be conducted in accordance with

such procedure as may be prescribed by the Board and until such
regulations are made in such manner as the Chairman thereof may
direct.

(3) At a meeting of the Board each 21[ Trustee] shall have one vote,
and in the event of equality of votes, the Chairman thereof shall have a
casting vote.
11 11. 22[ (1)] The 23[ Board] may, appoint or employ, in such manner
and on such terms and conditions 24[ * * *] such officers, advisers and
employees as 25[ it] considers necessary for efficient performance of
the functions of the Trust.

26[ (2) The Board, on the recommendation of the Management

Committee, shall have power to take decisions on matters relating to
employment, dismissal and any other disciplinary action against any
officer or employee of the Trust.]
11A 27[ 11A. The Board may, by resolution, delegate such of its powers and
functions to the Managing Director or any other officer of the Trust as
it may deem fit.]
12 12. (1) The Trust shall have its own Fund to be called the Bangladesh
(Freedom Fighters) Welfare Fund which shall consist of-

(a) grants and loans from the Government;

(b) donations from the public or any agency, institutions, organisations-

foreign, national or international;

(c) aid and assistance received from foreign Governments; and

(d) income from the undertakings and properties held or managed by

the Trust.

(2) The Trust, with prior approval of the Government, borrow money
from a Commercial Bank or any other financial institution for the
purpose of carrying out its functions under this Order.

(3) All receipts of the Trust from any source whatsoever shall be
credited to the Fund and shall be administered in such manner as may
be prescribed by the Board, and until such regulations are made, by the
Chairman thereof, and shall be applied to meet all expenditure
connected with the execution of the measures for which the Trust is
responsible and all charges necessary for the discharge of its functions.

(4) The Fund shall be kept in any bank or banks approved by the
Government.
13 13. (1) The Trust shall maintain proper and complete accounts in
accordance with such general directions as may be issued, and in such
form, as may be prescribed, by the Government.

28[ (2) The accounts of the Trust shall be audited, as soon as possible
after the end of the financial year but not later than the 30th day of
October of the following financial year, by not less than two auditors,
being chartered accountant within the meaning of the Bangladesh
Chartered Accountants Order, 1973 (P.O. No. 2 of 1973), who shall be
appointed by the Government.]

(3) Every auditor appointed under clause (2) shall be given the account
books and connected documents of the Trust for examination and shall
at all reasonable times have access to the books, accounts and other
documents of the Trust and, may in connection with such accounts
examine the Chairman or any 29[ Trustee] or officer of the Trust.

(4) The auditors shall submit an audit report to the Government in

which they shall state whether, in their opinion, accounts of the Trust
are properly drawn up and, if they have called for any explanations or
 information from the Trust, whether it has been given and whether it is
satisfactory.

(5) The Trust shall comply with any directive issued by the
Government for the rectification of the matters objected to in the audit.
14 14. (1) The Trust shall furnish to the Government such returns, reports
and statements as the Government may from time to time require.

(2) The Trust shall, as soon as possible after the end of every financial
year, furnish to the Government a statement of accounts audited under
Article 13 together with an annual report of the workings of the Trust
during that year and its proposal for the next ensuing financial year.

(3) The copies of the audited accounts and annual report received by
the Government under clause (2) shall be published in the official
Gazette and shall be laid before the Legislature.
15 15. The Trust, by such date as may be prescribed by rules, submit to the
Government, for approval, a statement, to be called the Annual Budget
Statement, in the prescribed form for each financial year showing the
estimated receipt and expenditure and the sums which are likely to be
required from the Government during that financial year.
16 16. The Government may, by notification in the official Gazette, make
rules for carrying out the purposes of this Order.
17 17. (1) The Board, may, with previous approval of the Government,
make regulations, not inconsistent with the provisions of this Order or
the rules made thereunder, to provide for all matters for which
provision is necessary or expedient for the purposes of giving effect to
the provisions of this Order.

(2) All regulations made under this Article shall be published in the
official Gazette and shall come into force on such publication.
1 Throughout this order the word “Trust” wherever occurring was substituted for the word
“Foundation” by the Bangladesh (Freedom Fighters) Welfare Foundation Amendment) Order,
1972 (President’s Order No. 159 of 1972)

2 Clause (a) was substituted by Article 4 of the Bangladesh (Freedom Fighters) Welfare
Foundation (Amendment) Order, 1972 (President’s Order No. 159 of 1972)

3 The word “Trustees” was substituted for the words “Directors of the Foundation” by Article 4
of the Bangladesh (Freedom Fighters) Welfare Foundation (Amendment) Order, 1972
(President’s Order No. 159 of 1972)

4 Clause (f) was omitted by section 2 of the Bangladesh (Freedom Fighters) Welfare Trust
(Amendment) Act, 1974 (Act No. XXXVII of 1974)

5 Clause (h) was substituted by section 2 of the Bangladesh (Freedom Fighters) Welfare Trust
(Amendment) Act, 1980 (Act No. XLI of 1980)

6 Clause (jj) was inserted by section 2 of the Bangladesh (Freedom Fighters) Welfare Trust
(Amendment) Ordinance, 1983 (Ordinance No. XIV of 1983)

7 The semi-colon (;) was substituted for the full stop (.) and thereafter clause (m) was added by
section 2 of the Bangladesh (Freedom Fighters) Welfare Trust (Amendment) Act, 1974 (Act No.
XXXVII of 1974)

8 The word “Trustees” was substituted for the word “Directors” by Article 5 of the Bangladesh
(Freedom Fighters) Welfare Foundation (Amendment) Order, 1972 (President’s Order No. 159
of 1972)

9 Clause (1) was substituted by section 2 of the Bangladesh (Freedom Fighters) Welfare Trust
(Amendment) Act, 1993 (Act No. XIV of 1993)

10 Sub-clause (b) was substituted by section 3 of the Bangladesh (Freedom Fighters) Welfare
Trust (Amendment) Act, 2001 (Act No. LXI of 2001)

11 Sub-clause (f) was substituted by section 3 of the Bangladesh (Freedom Fighters) Welfare
Trust (Amendment) Act, 2001 (Act No. LXI of 2001)

12 Article 7A was inserted by section 4 of the Bangladesh (Freedom Fighters) Welfare Trust
(Amendment) Ordinance, 1983 (Ordinance No. XIV of 1983)

13 Sub-clause (a) was substituted by section 4 of the Bangladesh (Freedom Fighters) Welfare
Trust (Amendment) Act, 2001 (Act No. LXI of 2001)

14 Clause (1) was substituted by Article 7 of the Bangladesh (Freedom Fighters) Welfare
Foundation (Amendment) Order, 1972 (President’s Order No. 159 of 1972)

15 The word “Chairman” was substituted for the words “Managing Director” by section 3 of the
Bangladesh (Freedom Fighters) Welfare Trust (Amendment) Ordinance, 1976 (Ordinance No.
XXXVIII of 1976)

16 Clause (2) was substituted by Section 5 of the Bangladesh (Freedom Fighters) Welfare Trust
(Amendment) Ordinance, 1983 (Ordinance No. XIV of 1983)

17 The word “Chairman” was substituted for the words “Managing Director” by section 4 of the
Bangladesh (Freedom Fighters) Welfare Trust (Amendment) Ordinance, 1976 (Ordinance No.
XXXVIII of 1976)

18 The word “Trustees” was substituted for the word “Directors” by Article 8 of the Bangladesh
(Freedom Fighters) Welfare Foundation (Amendment) Order, 1972 (President’s Order No. 159
of 1972)
19 Clause (2) was substituted by section 4 of the Bangladesh (Freedom Fighters) Welfare Trust
(Amendment) Ordinance, 1976 (Ordinance No. XXXVIII of 1976)

20 Article 9A was inserted by section 6 of the Bangladesh (Freedom Fighters) Welfare Trust
(Amendment) Ordinance, 1983 (Ordinance No. XIV of 1983)

21 The word “Trustee” was substituted for the word “Director” by section 7 of the Bangladesh
(Freedom Fighters) Welfare Trust (Amendment) Ordinance, 1983 (Ordinance No. XIV of 1983)

22 Article 11 was numbered as clause (1) by section 8 of the Bangladesh (Freedom Fighters)
Welfare Trust (Amendment) Ordinance, 1983 (Ordinance No. XIV of 1983)

23 The word “Board” was substituted for the word “Chairman” by section 5 of the Bangladesh
(Freedom Fighters) Welfare Trust (Amendment) Ordinance, 1976 (Ordinance No. XXXVIII of
1976)

24 The words “as may be approved by the Government” were omitted by section 8 of the
Bangladesh (Freedom Fighters) Welfare Trust (Amendment) Ordinance, 1983 (Ordinance No.
XIV of 1983)

25 The word “it” was substituted for the word “he” by section 5 of the Bangladesh (Freedom
Fighters) Welfare Trust (Amendment) Ordinance, 1976 (Ordinance No. XXXVIII of 1976)

26 Clause (2) was added by section 8 of the Bangladesh (Freedom Fighters) Welfare Trust
(Amendment) Ordinance, 1983 (Ordinance No. XIV of 1983)

27 Article 11A was inserted by section 2 of the Bangladesh (Freedom Fighters) Welfare Trust
(Second Amendment) Ordinance, 1983 (Ordinance No. LXIV of 1983)

28 Clause (2) was substituted by section 2 of the Bangladesh (Freedom Fighters) Welfare Trust
(Amendment) Ordinance, 1986 (Ordinance No. XII of 1986)

29 The word “Trustee” was substituted for the word “director” by section 9 of the Bangladesh
(Freedom Fighters) Welfare Trust (Amendment) Ordinance, 1983 (Ordinance No. XIV of 1983)