This Ordinance has not created any obstacle in the investment for the purpose of getting more income to be spent in charities, and there is no bar in law in investing foreign donations in income generating activities. If a society is prevented from investing its money for augmenting its resources, it will be dependent on donations. (Per Mahmudul Amin Choudhury, CJ)
The investment by BRAC in BRAC Bank is a commercial activity, which is beyond the scope of ‘voluntary activity’ mentioned in section 2(d) of the Ordinance. It is not contemplated by the government’s policy direction that organizations receiving foreign donations such as BRAC should take steps to be less dependent on such donations and to earn profit, by making investments where profit is uncertain or there is a risk factor of loss. (Per Md. Ruhul Amin, J, dissenting) BRAC v. Professor Mozaffar Ahmed and others, 22BLD (AD) 41.