Irrespective of Public Demand Recovery Act (PDRA) 1913, if the loan is recoverable under ARAA then it has to be recovered using the Artha Rin Adalat no matter whether this loan is considered as 'Public/Government Loan'. Please note that, these matters are regarded as matters of civil nature (section 11(5) of ARAA). This is apparent from the preamble of this statute given at the very beginning of this Act prior to section 1 and also from the section 5. Matters regarding recovery of loans by financial institutions are covered by this statute. In a recent discussion on “Money Loan Court Act 2003” organised by the Association of Bankers, Bangladesh (ABB), the Governor of Bangladesh Bank. Within a short span of time, the law has gone under an amendment by the Artha Rin Adalat (Amendment) Ain, 2004 which reflects weak draft of the law. It indicates that although Artha Rin Adalat Ain (Money Loan Court Law) 2003 is perceived as providing a strategic and procedural tool to recover. This article attempts to examine the problems and inefficiencies of the money recovery process in Bangladesh which is crucial to sustain the credit system in a developing country.
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