THE BANGLADESH POWER DEVELOPMENT BOARD (EMPLOYEES) SERVICE RULES, 1982

Superintendent Bangladesh Government
Press, Dhaka 1982

[Published in the Bangladesh Gazette, Extraordinary, dated the 4th March, 1982]

GOVERNMENT OF THE PEOPLE’S REPUBLIC OF BANGLADESH

MINISTRY OF ENERGY
Power Division
Section 2

NOTIFICATION
Dacca, the 18th February 1982.

No. S. R. O. 74-L/82-In exercise of the powers conferred by Article 33 of the Bangladesh Water and Power Development Boards Order, 1972 (P. O. No. 59 of 1972), and in supercession of all rules made or orders or circulars issued in this behalf, the Government is pleased to make the following rules, namely:-

CHAPTER-I

PRELIMINARY

• Short title and application.-(l) These rules may be called the Bangladesh Power Development Board (Employees) Service Rules, 1982.
• They shall apply to all persons in the employment of the Board, except.-
• persons transferred from the Erstwhile East Pakistan Government under sub-section (2) of section 17 of the Water and Power Development Authority Ordinance, 1958 (E.P. Ord. No. 1 of 1958) since repealed:

Provided that any such person who on the date of such transfer was in temporary employment of that Government and had no lien on a permanent post shall be treated as a direct recruit of the Board and shall be subject to the e rules:

Provided further that any such person who on the date of such transfer was in permanent “employment of that Government and had a lien on that post shall be subject to the provisions of Chapters XII and XIII of these rules;

• Persons on deputation from the Government;
• Persons appointed on contract, to the extent that these rules are inconsistent with the terms of such contract; and
• Workers as defined under clause (P) of section 2 of he Factories Act, 1965 (E P. Act IV of 1965) and workmen as defined under clause (h) of section 2 of the industrial and Commercial Employment (Standing Orders) Ordinance, 1960 (III of 1960)

Provided that the provisions of Chapters VIII, X, XI, XIII, XVIII and XIX of these rules shall apply to such persons subject to such conditions as may be prescribed from time to time.

2. Definitions-In these rules, unless there is anything repugnant in the ‘Subject or context,-

• “actual cost of traveling” means the actual cost of transportation of an employee with his personal luggage including charges for ferry and other tools and for carriage of camp equipment, if necessary;
• “Appointing authority” means the Board and includes, in relation to any post or class of posts, any officer authorised by the Board to make appointment to such post or class of posts;
• “Apprentice” means a person, deputed for training in any trade or business under the Board with a view to employment thereunder, who draws pay or allowance at monthly rates from the Board during such training period but who, is not employed in or against a regular vacancy in a cadre ;
• “authorised medical attendant” mans the medical officer employed by the Board and includes,-
• In respect of employees drawing pay of Taka 500 or more per mensem, Professors and Associate Professors of a Medical College or a Civil Surgeon or any other medical practitioner approved by he Board “;
• in respect of employees drawing pay less than Taka 500 but not less than Taka 200 per mensem, an Assistant Surgeon or a medical officer in charge of a Subdivisional Hospital or a medical officer of equivalent rank or any other medical practitioner approved by the Board; and
• in respect of all other employees, and Assistant Surgeon or Sub-Assistant Surgeon or any other medical practitioner approved by the Board;
• “average pay” means the average of pay earned during the twelve complete months immediately preceding the month in which the leave is taken or the pay of the employee drawn immediately before proceeding on leave whichever is more favourable to the employee;
• “basic pay” means the pay, other than the special pay, overseas pay, technical pay or personal pay, which has been sanctioned for a post held by an employee regularly or in an officiating capacity, or to which he is entitled by reason of his position in the cadre;
• ‘Board” means the Bangladesh Power Development Board constituted by the Bangladesh Water and Power Development Boards Order, 1972 (P. O. No. 59 of 1972 ;
• “cadre” means the strength of a service or a part of a service sanctioned as a separate unit;
• ‘Children” means legitimate children and step-children and includes adopted children where under the personal law of the subscriber adoption is legally recongnised as conferring the status of a natural child;
• “compensatory allowance” means an allowance,-
• granted to meet personal expenditure necessitated by the special circumstances in which duty is performed, or
• granted proportionately on the basis of pay as house rent support where residential accommodation has not been provided;
• “competent authority” in relation to exercise of any power under these rules, means the Board or any of its officers to whom such power has been delegated by the Board, provided that until such time when appropriate orders in this behalf are passed under these rules by the Board, orders of delegations in force on the date of issue of these rules shall continue in force;
• “Controlling officer” means, the officer declared by the Board to be the controlling officer for the purpose of administrative and financial matters including travelling allowance and medical facilities of a particular employee or class of employees;
• “day” means a calendar day beginning and ending at midnight but an absence from headquarters which does not exceed twenty-four hours shall be reckoned for all purposes as one day, at whatever hour the absence begins or ends;
• “dependant’ means wife or husband, children, parents, minor brothers unmarried sisters, deceased son’s widow and children and deceased daughter’s children, if they are solely dependant upon the employee;
• “duty” includes,-
• Service as a probationer, apprentice or trainee provided such service is followed by appointment on a regular basis; (b) joining time ;
• the period spent on a duly authorised course of instruction or training including the time reasonably required for the journey to and from the place of such training, ; and
• attendance at compulsory departmental examination including a reasonable time required for the journey to and from the place of examination and the day or days of the examination;
• “employee” means an employee of the Board to whom these rules apply, and a “regular employee” shall mean a person who holds a regular post and a “casual employee” shall mean a person who holds a casual post under the Board;
• “emoluments” means and includes:- (a) pay;
• special pay’, personal pay, technical pay, officiating pay and additional pay;
• compensatory allowances other than travelling and medical allowances;
• leave salary;
• any other payments and fees, if any, in the shape of fixed monthly addition to pay; and

• subsistence grant ;
• “family” means wife (one wife only), children, step-children, parents, sister and minor brothers residing with and wholly dependent upon an employee.

Explanation-(1) Wife of an employee shall be deemed to be wholly dependent upon him so long as she is not legally separated, and where the wife herself is an employee, the husband shall be entitled to claim any benefit admissible to him in respect of the wife if she does not claim the benefit in her own right as an employee of the Board.

Explanation-(2) Sons, step-sons and minor brothers of an employee shall be deemed to be wholly dependent upon him till they complete the age of 18 years and shall thereafter be deemed to be so dependent only if he certifies that they are wholly dependent upon him.

Explanation-(3) Sisters, daughters and step-daughters of an employee shall be deemed to be wholly dependent upon him till they are married and shall thereafter be deemed to have ceased to be so dependent unless he certifies that they are wholly dependent upon him

Explanation-(4) Parents of an employee shall be deemed to be wholly dependent upon him in case they are without any income of their own or their income is so inadequate as to make them dependent on the employee for their maintenance and are certified to be so by the employee.

Explanation-(5) The expression “residing with” shall not be so construed as to exclude any member of the family of an employee wholly dependent upon such employee but not actually residing with him, as for example, the son or daughter of an employee studying in a place other than his headquarters, or the wife of an employee temporatily away from such headquarters, (place of their stay being in Bangladesh);

• “first entry post” means posts in a category which are not in the line of promotion of any other post of lower category and are filled up by direct recruitment;
• “Form” means a Form given in Appendix I to these rules;
• “Fund” means the Bangladesh Power Development Board Contributory Provident Fund constituted under rule 89 ;
• “Head of office” means an officer whom the Board may, by order, declared to be the Head of office;
• “headquarters” means such place as the Head of office may prescribe and in the absence of any order to the contrary, means the place where the office or the place of duty of an employee is located;
• “holiday” means a day declared as such ty order of the Government;
• “honorarium” means a recurring or non-recurring payment made to any employee by the Board as remuneration for special work of an occasional character;
• “hospital” means a Government hospital including military hospital, or any other hospital in Bangladesh approved by the Board;
• “joining time” means the time allowed to a person, under Chapter VIII of these rules, to enable him to join a new post on transfer, promotion or on return from leave;
• “leave salary” means the monthly’, amount paid to an employee on leave by the Board ;
• “”lien” means the title of an employee to hold substantiavely, either immediately or on the termination of a period or periods of absence, a permanent post, including a tenure post, to which he has been, and appointed;
• “medical attendance” means attendance in hospital or at the residence of an employee or at the chamber of the authorised medical attendant and includes-
• such pathological, bacteriological, radiological or other methods of examination for the purpose of diagnosis as are considered necessary by the authorised medical attendant; and
• such consultation with a specialist or other medical officer available nearest to the place of posting of the employee as the authorised medical attendant certifies to be necessary, to such extent and in such manner as the specialist or medical officer may, in consultation with the authorised medical attendant determines;
• “misconduct” means conduct prejudicial to good order or service discipline or which is unbecoming of an employee or gentlemen and includes contravention of any of the provisions of Chapter XVI of these rules;
• “month” means a calendar month, in calculating period expressed in terms of month and days, complete calendar month, irrespective of number of days in each, should first be calculated and the odd number of days calculated subsequently;
• “Officer” means such employee of the Board as may from time to time, be designated by the Board as officer;

• “officiate” an employee officiates in a post when he performs the duties of a post on which another person holds lien, or when he is appointed by an authority competent to make regular appointment to the post to officiate in a vacant post on which no other person holds a lien;
• “pay” means the basic pay which has been sanctioned for a post held by an employee in regular or in an officiating capacity or to which he is entitled by reason of his position in a cadre and includes overseas pay, special pay, personal pay, technical pay and additional pay, if any, admissible under general or special order of the Government;

• “personal pay” means an additional pay granted to an employee to save him from loss of pay in respect of a regular post held by him due to a revision of pay or to reduction of such pay otherwise than as disciplinary measure or, in exceptional circumstances, on other personal considerations;
• “special pay” means an addition in the nature of pay to the emoluments of an employee granted in consideration of
• the specially arduous nature of the duties; or (b) a specific addition to the work or responsibility; or (c) the unhealthiness of the locality in which the work is performed;
• “subscriber” means an employee who is required or permitted to subscribe to the Fund under Chapter XIII of these rules;

• “subsistence grant” means a monthly grant made to an employee during the period he is under suspension;

• “technical pay” means an additional pay granted to an employee in consideration of his having a technical qualification, such as a degree in Engineering, Medicine or Agriculture, which is a condition of entry into the service to which he belongs or of appointment to the post which he holds ;

• “time-scale of pay” means pay which rises by periodical increments from ~minimum to a maximum. The two time-scales of pay are said to be identical when the minimum the maximum, the period of increment and the rate of increment of those time-scales of pay are identical. The two posts are said to be on the same time-scale of pay when the two time scales of pay are identical and the posts fall within a cadre, or a class in a cadre, involving duties and responsi­bilities of approximately the same character or degree of responsibility;
• “transfer” means the movement of an employee from one headquarters station inwhich he is employed to another such station either to take up the duties of a new post or in consequence of change of his headquarters;
• “travelling allowance” ‘means an allowance granted to an employee to coverthe expenses which he incurs in travelling in the interest of the Board’s service;

• “treatment” means the attendance, consultation, investigation and prescription by an authorised medical attendant for treatment of an employees or a member of his family and also includes the following, namely:-
• such pathological, bacteriological, radiological and other methods as aL considered necessary by the authorised medical attendant;
• supply and use of medicine, vaccine, sera or other therapeutic substances as per prescription of authorised medical attendant;
• hospital accommodation ; and
• “year”, for the purpose of accounts, means a financial year and, for other purposes, means a calendar year.

CHAPTER-II

RECRUITMENT AND GENERAL CONDITIONS OF SERVICE

3. Creation of posts.-AII posts of officers and other employees shall be created by the Board with the prior approval of the Government.

4. Categories and classification of posts.-(l) The posts shall be of two categories,namely :

• regular, which shall be either permanent or temporary; and
• A permanent post shall be a post carrying a definite time-scale of pay, andsanctioned without limit of time.

• A temporary post shall be a post carrying a definite time-scale of pay butsanctioned for a limited period.

• A casual post shall be a post created for-
• the performance of duties of a casual (i, e., day to-day) or intermittentcharacter; or
• the execution of a particular work.
• All posts shall be classified into following classes, namely :- (a) Class-I: (b) Class-II:
• Class- III : and (d) Class-IV.
• The Board may constitute cadres with regular posts, the qualifications for and duties of which are similar. Seniority among employees appointed to posts in such cadres shall thereafter be regulated as per chapter III of these rules.

5. Method of recruitment.-(1) Appointment to all Class I and Class II posts shall. be made :-

(a) by direct recruitment; and (b) by promotion-

on such proportion as may be fixed in each case by the Board, from time to- time, with previous approval of the Government.

• Appointment of all Class III posts, except in case of first entry post, shall be made-
• incase of non-technical post, by promotion on such proportion as may be fixed in each case by the Board ; and
• in case of technical post, by promotion or by appointment from the trained apprentices or by direct recruitment as may be determined in each case by the Board.

6. Advertisement for recruitment.-(l) All appointments by direct recruitment shall be made after the same is advertised in the daily newspapers in Form No.l.

• All applications for appointment to the posts advertised under sub- rule (1) shall be in Form No.2 and shall be accompanied by a crossed postal order of the value as follows:
• for Class I and Class II ..     Tk. 10.00
• for Class III post …………………..   6.00
• for Class IV post …………………..   2.00

7. Selection Committee.- 1) Appointment to Class I and Class II posts shall be made by the Board on the recommendations of the Selection Committee which shall, in the case of Class I posts, be the Board itself and, in the case of Class II posts, consist of a Member of the Board or the Chief Engineer of the Board as Chairman and two such other Class I officers as may be nominated by the Board.

• Where the Chief Engineer is competent to make appointment, the Selection Committee shall consist of-
• the Superintending Engineer or Manager or Director concerned ; and
• two immediate subordinate officers, one being directly in-charge of the establishment matters of their respective offices.
• Where the Superintending Engineer or Manager or Director is competent to make appointment, the Selection Committee shall consist of-
• the Executive Engineer or Head of office concerned; and
• two immediate subordinate officers, one being directly in-charge of the establishment matters in their respective offices.
• For proper evaluation of a candidate’s suitability, such experts as may be considered necessary may be co-opted as additional members of any of the Selection Committees.

8. Procedure of selection of candidates.-(l) There shall be conducted written, oral and, wherever necessary, practical examinations and tests in such subjects as may te determined by the Beard for the purpose of selection of persons for appointment to the posts.

• All candidates shall be assessed and evaluated separately in Form No. 3. The aggregate of the marks given by each member of the Selection Committee and the marks obtained in the examination and test shall determine the position of the candidate and the Selection Committee shall make recommendations in order of preference.
• Proceedings of the Selection Committee shall be duly recorded and signed by all members thereof.

9. -(l) A person selected for appointment shall not be less than 18 years and more than 30 years of age at the time of entry into service of the Board:

Provided that the Board may, in individual cases, relax the upper limit of age on the grounds of special technical qualification or experience.

• A declaration of age, supported by the Matriculation or school leaving or equivalent certificate, made by an applicant at the time of, or for the purpose of, entry into the service of the Board shall be deemed to be binding on him and no revision of such declaration shall be allowed at a later date for any purpose whatsoever.

Note. -(l) The expression “expression “equivalent certificate” implies similar certificate issued by a Madrasa or any Education Board or any other school leaving certificate granted by a competent authority where date of birth or age is specified.

• In the case of a person who cannot produce a certificate mentioned above as valid proof of age, his personal declaration of age certified by an authorised medical officer may be accepted at the time of entry it to the service of the Board.
• Physical fitness and antecedents- (1) No person shall be appointed to a post other than a Class IV post unless he is declared physically fit in Form No.4 by a medical officer nominated by the appointing authority.

Note.-The senior Medical Officer of the Board shall be the medical officer within the meaning of this sub-rule for Dhaka, Narayanganj and their surrounding areas while the Civil surgeons, where available, or doctors of equivalent rank in charge of the local hospitals may act as medical officer for other areas.

• In the case of appointment to a Class IV post no such declaration shall be required except where the appointing authority, for special reasons, considers it necessary.

• No person shall be appointed in any post without obtaining a satisfactory report from the police about his antecedents. In spacia1 cases, where it is not possible to obtain the verification report before appointment, care shall be taken to get the verification report from the police immediately after appointment is made.
• No person who has been dismissed, removed or compulsorily retired from the service of the Republic or a local authority and whose antecedents are not satisfactory, shall be eligible for appointment under the Board.

11. -(1) Persons selected for appointment to a post shall be appointed on probation for a period of one year :

Provided that the appointing authority may, by an order in -writing, extend the period of probation in the case of any person or terminate his service if his performances during that period are found unsatisfactory.

• After successful completion of the period of probation including the extended period, if any, the competent authority shall confirm the service of the employee in writing.

12. Certain conditions of services.-(l) Unless in any Case it is otherwise distinctly provided, the whole time of an employee shall be at the disposal of the Board and he may be employed in any .manner in any place required by the Board .

(2) Two or more employees shall not be appointed on a substantive basis to the

same post at the same time.

• An employee shall not be appointed to two or more regular posts at the same time.
• An employee shall not be appointed substantively to a post on which another employee holds a lien.

13. Lien – (l) An employee holding a regular post shall retain a lien on that post,-

• while performing the duties of that post:
• while holding a temporary post or officiaing in another post;
• during joining time on transfer to another post-;
• while on leave ;
• when temporarily deputed or transferred under any organisation within or outside Bangladesh with the specific orders of the Government ; and
• while under suspension.
• The lien of an employee on a regular Post shall be terminated-
• on his appointment substantively to another regular post ; and
• in the case of an employee deputed or transferred outside the Board, if he does not return to the service of the Board within a period of three years.

14. -An employee may be transferred from one post to another provided he shall except as a result of punishment under these rules or at his own request in writing, not be transferred to a post carrying pay lower than the pay of the post on which he holds a lien.
15. Pay and allowances-An employee shall draw the pay and allowances attached to the post with effect from the date he assumes the duties of that post and shall cease to draw the pay and allowances as soon as he ceases to discharge those duties.

Note.-In this rule, “date” means the forenoon of the day in question, for example, if charge is assumed or transferred before noon of a day, it shall take effect from that day and if charge is assumed or transferred in the afternoon, it shall take effect from the following day.