The National Law Review Taskforce has recommended the adoption of seven new laws to address the lack of laws or inadequacy of the existing laws on certain subjects.
In a report, the taskforce states such inadequacies have caused considerable impediments to the authorities in carrying out their duties.
It has also recommended the amendment of the Army Act of Bhutan 1979 to align it with the present national security measures and to suit the modern conditions and situations.
The new laws recommended are the Law of Limitation, Interpretation Act, Insolvency Act, Administrative Tribunal Act, Right to Information Act, Impeachment Act, and Official Secrets Act.
The Law of Limitation will limit a person to a specific amount of time to bring another person, which he or she accuses of a civil offence, to the court of law.
In other words, if person A wants to take person B to the court over an assault case and if the Law of Limitation needs assault cases to be taken to court within a month, then person A has only one month to file a case or the claims will be nullified under the Law of Limitation.
Chances of losing evidence related to dispute, changing socio-economic scenarios and laws, and increasing number of civil cases in the court of law are some of the reasons why the Law of Limitation is felt necessary.
The taskforce also called for a legislation explaining how principles and rules set out in legislations should be interpreted. The Interpretation Act or General Clauses Act will explain the commonly used expressions and terms in legislation. This, the taskforce says, will make the language and form of legislations more consistent with clearer interpretation.
To punish the loan defaulters and to assist companies who are not able to pay the debts owed, the taskforce recommends enactment of the Insolvency Act.
It says Insolvency Act will facilitate stress free and time bound closure of business. It will also have special resolution system when a bank, insurance firms, financial sector entities and individuals go bankrupt.
The report states there are numerous laws in place like the Contract Act, the Royal Monitory Authority Act, the Financial Services Act, and the Moveable and Immovable Properties Act. However, these laws are inadequate and many of the provisions have become outdated.
To assist civil servants and government owned corporations’ employees to redress their grievances in a speedy manner, the taskforce recommends Administrative Tribunal Act. This will cut down the lengthy and expensive remedies in court, states the report.
To provide public with access to information held by the government agencies, the taskforce suggests enactment of Right to Information Act.
The report states article 7(3) of the Constitution of Bhutan guarantees the right to information to every Bhutanese citizen. However, currently lack of law on the right to information impedes the enforcement of the constitution and the exercise of the right to information by the people.
An Impeachment Act to impeach the constitutional post holders was recommended, which is in alignment with article 32 of the constitution. It states, detailed procedures for the conduct of impeachment proceedings is currently lacking, which the Impeachment Act will address.
While serving the government, a public official has access to a lot of information. Some inevitably will be sensitive. The taskforce says there needs to be a balance between the right to information and maintaining official secrets.
It adds the laws today are not specific about maintaining official secrets. Therefore, to enable public servants to know which information is to be kept secret and which can be disclosed, the taskforce recommends an Official Secrets Act.
The taskforce has directed the Office of the Attorney General (OAG) to draft these laws and the Parliament to enact them.
