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Wednesday, June 8, 2011

FORM OF CARATAKER GOVERNMENT

According to the constitution (Running) who would be ad-visor and Ad-visors -

According to constitution:

CHAPTER IIA
NON-PARTY CARE TAKER GOVERNMENT

58B.   Non-Party Care-taker Government  
  (1) There shall be a Non-Party Care-taker Government during  the period  from  the date on
which the Chief Adviser of such government enters upon office after Parliament is dissolved
or  stands dissolved by  reason of expiration of  its  term  till  the date on which a new Prime
Minister enters upon his office after the constitution of Parliament. 

(2) The Non-Party Care-taker Government shall be collectively responsible to the President. 

(3) The executive power of the Republic shall, during the period mentioned in clause (1), be
exercised, subject  to  the provisions of article 58D(1),  in accordance with  this Constitution,
by or on the authority of the Chief Adviser and shall be exercised by him in accordance with
the advice of the Non-Party Care-taker Government. 

  (4) The provisions of article 55(4), (5) and (6) shall (with the necessary adaptations) apply to
similar matters during the period mentioned in clause (1).   

58C.   Composition of the Non-Party Care-taker Government, appointment of Advisers, etc.  
  (1) Non-Party Care-taker Government shall consist of the Chief Adviser at its head and not
more than ten other Advisors, all of whom shall be appointed by the President. 

(2) The Chief Adviser and other Advisers shall be appointed within  fifteen days after Par-
liament  is dissolved or  stands dissolved, and during  the period between  the date on which
Parliament  is dissolved or stands dissolved and  the date on which  the Chief Adviser  is ap-
pointed,  the Prime Minister and his cabinet who were  in office  immediately before Parlia-
ment was dissolved or stood dissolved shall continue to hold office as such. 

(3) The President  shall  appoint  as Chief Adviser  the person who  among  the  retired Chief
Justices of Bangladesh retired last and who is qualified to be appointed as an Adviser under
this article: 
Provided that if such retired Chief Justice is not available or is not willing to hold the office
of Chief Adviser, the President shall appoint as Chief Adviser the person who among the re-
tired Chief Justices of Bangladesh retired next before the last retired Chief Justice.

(4) If no retired Chief Justice  is available or willing to hold the office of Chief Advise, the
President  shall  appoint  as Chief Adviser  the  person who  among  the  retired  Judges  of  the
Appellate Division retired last and who is qualified to be appointed as an Adviser under this
article: 
Provided  that  if  such  retired  Judge  is  not  available  or  is  not willing  to  hold  the  office  of
Chief Adviser,  the President shall appoint as Chief Adviser  the person who among  the  re-
tired Judges of the Appellate Division retired next before the last such retired Judge.


 
(5) If no retired judge of the Appellate Division is available or willing to hold the office of
Chief Adviser,  the President  shall,  after  consultation,  as  far  as practicable, with  the major
political  parties,  appoint  the  Chief  Adviser  from  among  citizens  of  Bangladesh  who  are
qualified to be appointed as Advisers under this article. 

(6) Notwithstanding anything contained in this Chapter, if the provisions of clauses (3), (4)
and (5) cannot be given effect to, the President shall assume the functions of the Chief Ad-
viser of  the Non-Party Care-taker Government  in addition  to his own  functions under  this
Constitution. 

(7) The President shall appoint Advisers from among the persons who are- 
(a)  qualified for election as members of parliament; 
(b)  not members of any political party or of any organisation associated with or affiliated
to any political party; 
(c)  not,  and  have  agreed  in writing  not  to  be,  candidates  for  the  ensuing  election  of
members of parliament; 
(d)  not over seventy-two years of age. 

(8) The Advisers shall be appointed by the President on the advice of the Chief Adviser. 

(9) The Chief Adviser  or  an Adviser may  resign his office by writing under his hand  ad-
dressed to the President. 

(10) The Chief Adviser or an Adviser shall cease to be Chief Adviser or Adviser if he is dis-
qualified to be appointed as such under this article. 

(11) The Chief Adviser shall have  the status, and shall be entitled  to  the  remuneration and
privileges, of a Prime Minister and an Adviser shall have the status, and shall be entitled to
the remuneration and privileges, of a Minister. 

  (12) The Non-Party Care-taker Government shall stand dissolved on  the date on which  the
prime Minister enters upon his office after the constitution of new parliament.   



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