Law to protect govt staff on the cards

Draft of act to be placed in cabinet today

The public administration ministry will place the draft Public Service Act 2015 before the Cabinet today to protect government employees.
Under the proposed law, law enforcement agencies would not be able to arrest government employees without prior permission from the government. Besides, the draft law has scrapped a rule which empowers the government to force any bureaucrat to retire after 25 years of service in “the public interest”.
The proposed law, however, advises government employees not to be biased towards any political party. The law is  intended to impart dynamism to the civil bureaucracy. State minister for public administration, Ismat Ara Sadique, yesterday told The Independent that they would enact a new law to ensure protection for civil bureaucrats. “The administration should be brought under a system that will protect the civil bureaucracy and also bring back its dynamism,” she said.

The six-page draft law has 16 articles. Article 13 of the draft Act says, “The authorities concerned cannot punish any government employee before taking departmental action against him/her, or before recording the confessional statement of the staff member.”
Article 13 of the proposed law also says, “The Anti Corruption Commission (ACC) or such constitutional body could investigate or lodge complaints in the appropriate courts on any allegation of crimes against the employees while discharging their duties. But it will require prior permission of the government in case of arrest of the employee before acceptance of the charge-sheet on any criminal case by the court; the employees are entitled to seek legal protection if they suffer damages while discharging duties lawfully; if any allegations of corruption and moral disqualification against an employee are found to be ‘false and motivated’ by an appropriate court, the employee can demand compensation as per they Employees’ Service Rule, or go to the appropriate court, seeking relief; the decision of the President will be final to keep in employment an employee, who will be sentenced up to three years in jail and fined Tk. 50,000 or both by an appropriate court, on charges other than corruption and moral disqualification. The employment of the employee concerned, if sentenced to more than three years in jail or for any other punishment on charges of corruption and moral disqualification, will finally be terminated; the employee having such punishment can demand salaries and allowances and compensation due to defamation during the period of suspension, on getting relief upon appeal or review, and can be reinstated in the job if age of service permits; the government will frame rules of conduct and file a departmental case against the employee following specific rules of discipline and provide punishment in case of violation of the rules of conduct.”
Article 8 of the proposed law says, “The government has to form a permanent Pay Commission to recommend raising salaries of the government employees on the basis of current market prices annually. The proposed commission will also recommend ensuring better medical and educational facilities to the employee’s family members.”
According to Article 12 of the draft law, the authorities cannot take action against government employees without giving them a chance to defend themselves and without them undergoing departmental action.
According to Article 9 of the draft law, “The government employees should not be biased towards any political party. They will always try to ensure service towards the citizens by discharging their duties impartially. The government shall uphold high morality, abide by the strict code of discipline, and maintain cordial relations with colleagues and a high degree of professionalism.”
Article 10 of the draft law says, “All employees desirous of qualifying for higher posts would have to clear a written examination.”
The draft Act has been prepared on the lines of similar Acts in the US, India and Nepal. There are many countries in the world, including India and the US, where Civil Officers’ Protection Acts were introduced long ago to ensure the rights of civil bureaucrats.
Way back in 1955, the Indian government enacted a law titled the Protection of Civil Rights Act, 1955, to ensure the rights of its officials.
At present, the civil administration is divided into two parts — pro-government and anti-government bureaucrats. The pyramidal structure of the country’s civil administration has been dismantled to facilitate a record number of promotions against duty posts, bypassing seniority; there is also a tendency to post many competent officials as officers on special duty (OSDs).

Law to protect govt staff on the cards

Draft of act to be placed in cabinet today

The public administration ministry will place the draft Public Service Act 2015 before the Cabinet today to protect government employees. Under the proposed law, law enforcement agencies would not be able to arrest government employees without prior permission from the government. Besides, the draft law has scrapped a rule which empowers the government to force any bureaucrat to retire after 25 years of service in the public interest. The proposed law, however, advises government employees not to be biased towards any political party. The law is intended to impart dynamism to the civil bureaucracy. State minister for public administration, Ismat Ara Sadique, yesterday told The Independent that they would enact a new law to ensure protection for civil bureaucrats. The administration should be brought under a system that will protect the civil bureaucracy and also bring back its dynamism, she said. The six-page draft law has 16 articles. Article 13 of the draft Act says, The authorities concerned cannot punish any government employee before taking departmental action against him/her, or before recording the confessional statement of the staff member. Article 13 of the proposed law also says, The Anti Corruption Commission (ACC) or such constitutional body could investigate or lodge complaints in the appropriate courts on any allegation of crimes against the employees while discharging their duties. But it will require prior permission of the government in case of arrest of the employee before acceptance of the charge-sheet on any criminal case by the court; the employees are entitled to seek legal protection if they suffer damages while discharging duties lawfully; if any allegations of corruption and moral disqualification against an employee are found to be false and motivated by an appropriate court, the employee can demand compensation as per they Employees Service Rule, or go to the appropriate court, seeking relief; the decision of the President will be final to keep in employment an employee, who will be sentenced up to three years in jail and fined Tk. 50,000 or both by an appropriate court, on charges other than corruption and moral disqualification. The employment of the employee concerned, if sentenced to more than three years in jail or for any other punishment on charges of corruption and moral disqualification, will finally be terminated; the employee having such punishment can demand salaries and allowances and compensation due to defamation during the period of suspension, on getting relief upon appeal or review, and can be reinstated in the job if age of service permits; the government will frame rules of conduct and file a departmental case against the employee following specific rules of discipline and provide punishment in case of violation of the rules of conduct. Article 8 of the proposed law says, The government has to form a permanent Pay Commission to recommend raising salaries of the government employees on the basis of current market prices annually. The proposed commission will also recommend ensuring better medical and educational facilities to the employees family members. According to Article 12 of the draft law, the authorities cannot take action against government employees without giving them a chance to defend themselves and without them undergoing departmental action. According to Article 9 of the draft law, The government employees should not be biased towards any political party. They will always try to ensure service towards the citizens by discharging their duties impartially. The government shall uphold high morality, abide by the strict code of discipline, and maintain cordial relations with colleagues and a high degree of professionalism. Article 10 of the draft law says, All employees desirous of qualifying for higher posts would have to clear a written examination. The draft Act has been prepared on the lines of similar Acts in the US, India and Nepal. There are many countries in the world, including India and the US, where Civil Officers Protection Acts were introduced long ago to ensure the rights of civil bureaucrats. Way back in 1955, the Indian government enacted a law titled the Protection of Civil Rights Act, 1955, to ensure the rights of its officials. At present, the civil administration is divided into two parts pro-government and anti-government bureaucrats. The pyramidal structure of the countrys civil administration has been dismantled to facilitate a record number of promotions against duty posts, bypassing seniority; there is also a tendency to post many competent officials as officers on special duty (OSDs).