The Services of Bangladesh

PART IX THE SERVICES OF BANGLADESH

CHAPTER 1 SERVICES

Article 133: Appointment and conditions of service
Subject to the provisions of this Constitution Parliament may by law regulate the appointment and conditions of service of person in the service of the Republic:
Provided that it shall be competent for the President to make rules regulating the appointment and the conditions of service such person until provision in that behalf is made by or under any law, and rules so made shall have effect subject to the provisions of any such law.

Article 134: Tenure of office
Except as otherwise provided by this Constitution every person in the service of the Republic shall hold office during the pleasure of the President.

Article 135: Dismissal, etc., of civilian public officers
1. No person who holds any civil post in the service of the Republic shall be dismissed or removed or reduced in rank by an authority subordinate to that by which he was appointed.

2. No such person shall be dismissed or removed or reduced in rank until he has been given a reasonable opportunity of showing cause why that action should not be taken:
Provided that this clause shall not apply-

i. where a person is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction of a criminal offence; or
ii. where the authority empowered to dismiss or remove a person or to reduce him in rank is satisfied that, for a reason recorded by that authority in writing, it is not reasonably practicable to give that person an opportunity of showing cause; or
iii. where the President is satisfied that in the interests of the security of the State it is not expedient to give that person such an opportunity.

3. If in respect of such a person the question arises whether it is reasonably practicable to give him an opportunity to show cause in accordance with clause (2), the decision thereon of the authority empowered to dismiss or remove such person or to reduce him in rank shall be final.

4. Where a person is employed in the service of the Republic under a written contract and that contract is terminated by due notice in accordance with its terms, he shall not, by reason thereof, be regarded as removed from office for the purposes of this article.

Article 136: Reorganisation of service
Provision may be made by law for the reorganisation of the service of the Republic by the creation, amalgamation or unification of services and such law may vary or revoke any condition of service of a person employed in the service of the Republic.

Article 137: Establishment of Commissions
Provision shall be made by law for establishing one or more public service commissions for Bangladesh, each of which shall consist of a chairman and such other members as shall be prescribed by law.

Article 138: Appointment of members
1. The chairman and other members of each public service commission shall be appointed by the President.
Provided that not less than one-half of the members of a commission shall be persons who have held office for twenty years or more in the service of any government which has at any time functioned within the territory of Bangladesh.

2. Subject to any law made by Parliament the conditions of service of the chairman and other members of a public service commission shall be such as the President may, by order, determine.

Article 139: Term of office
1. The term of office of the chairman and other members of a public service commission shall, subject to the provisions of this article, expire five years after the date on which he entered upon his office, or when he attains the age of sixty-two years, whichever is earlier;

2. The chairman and other members of such a commission shall be removed from office except in like manner and on he like grounds as a judge of the Supreme Court.

3. A chairman or other member of a public service commission may resign his office by writing under his hand addressed to the President.

4. On ceasing to hold office a member of a public service commission shall not be eligible for further employment in the service of the Republic, but, subject to the provisions of clause (1)-
  1. a chairman so ceasing shall be eligible for re-appointment for one further term; and
  2. a member (other than the chairman) so ceasing shall be eligible for re-appointment for one further term or for appointment as chairman of a public service commission.

Article 140: Functions of Commissions
1. The functions of a public service commission shall be-
  1. to conduct tests examinations for the selection of suitable persons for appointment of the service of the Republic;
  2. to advise the President on any matter on which the commission is consulted under clause (2) or on any matter connected with its functions which is referred to the commission by the President; and
  3. such other functions as may be prescribed by law.
2. Subject to the provisions of any law made by Parliament, and any regulation (not inconsistent with such law) which may be made by the President after consultation with a commission, the President shall consult a commission with respect to-
  1. matters relating to qualifications for, and methods of recruitment to, the service of the Republic;
  2. the principles to be followed in making appointments to that service and promotions and transfers from one branch of the service to another, and the suitability of candidates for such appointment, promotions and transfers;
  3. matters affecting the terms and conditions (including person rights) of that service; and
  4. the discipline of the service.

Article 141: Annual report
1. Each commission shall, not later than the first day of March each year, prepare and submit to the President a report of the performance of its functions during the period ended on the previous 31st day of December.

2. The report shall be accompanied by a memorandum setting out, so far as is known to the commission-
  1. the cases, if any, in which its advise was not accepted and the reasons why it was not accepted;
  2. the cases where the commission ought to have been consulted and was not consulted, and the reasons why it was not consulted.
3. The President shall cause the report and memorandum to be laid before Parliament at its first meeting held after 31st March in the year in which the report was submitted.