Article 145 Government contracts and deeds
Contracts and deeds
Businesses dealing with the government need to know that contracts must be in the President's name and signed by an authorised officer. A contract that ignores these formalities may be unenforceable against the state.
A ministry agrees to buy equipment from a supplier. The contract must state that it is made by the President of the People's Republic of Bangladesh, not by the minister or secretary personally, as Article 145(1) requires.
The contract is signed by an officer authorised under the Rules of Business or a delegation order made on the President's behalf. Signing by an unauthorised official can make the contract open to challenge, so suppliers usually check the officer's authority.
If the ministry fails to pay, the supplier sues the Government. Under Article 145(2) the signing officer is not personally liable, but the supplier can proceed against the Government, normally in the civil courts or through arbitration under the contract.
In plain English
How Article 145 works
Article 145 sets the formal rules for government contracts and deeds. Every contract or deed made in exercise of the Republic's executive authority must be expressed to be made by the President, and is signed on the President's behalf by the person and in the manner the President directs or authorises. Neither the President nor the official signing is personally liable under the contract. However, this does not stop anyone from bringing proceedings against the Government. In other words, the state is bound, but the individual signing officer is not.
In practice
Compliance with Article 145(1) can be important in deciding whether a binding contract exists with the Government, particularly where a supplier relies on correspondence rather than a formal agreement. The Rules of Business and delegation orders specify which officers can execute contracts. Clause (2) protects officials from personal liability for contracts made in good faith on behalf of the state, while leaving the Government itself answerable in court.
The text
What Article 145 says
145. (1) All contracts and deeds made in exercise of the executive authority of the Republic shall be expressed to be made by the President, and shall be executed on behalf of the President by such person and in such manner as he may direct or authorise.
(2) Where a contract or deed is made or executed in exercise of the executive authority of the Republic, neither the President nor any other person making or executing the contract or deed in exercise of that authority shall be personally liable in respect thereof, but this article shall not prejudice the right of any person to take proceedings against the Government.
English text as published on the official Laws of Bangladesh website. The Bangla text is authoritative (Article 153). Where a court has changed the position, the status note above explains it.
Connected provisions
Related articles
Questions
Article 145: frequently asked questions
Who signs government contracts in Bangladesh?
Contracts are expressed to be made by the President and are executed on the President's behalf by the person and in the manner the President directs or authorises, under Article 145(1). In practice, authorised officers sign under the Rules of Business and delegation orders.
Is a government official personally liable on a contract?
No. Article 145(2) says neither the President nor the person executing the contract in exercise of executive authority is personally liable. The other party can still bring proceedings against the Government itself.
Sources
This guide explains the Constitution for general understanding. It is not legal advice. Constitutional reform proposals under discussion in 2026 are described as proposals until enacted.
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