| Bangladesh: Integrity Scorecard Report > Sub-Category: Civil Service Regulations | ||
| Indicators | Score | |
| 41 | Are there national regulations for the civil service encompassing, at least, the managerial and professional staff? | 100 |
| 42 | Is the law governing the administration and civil service effective? | 56 |
| 43 | Are there regulations addressing conflicts of interest for civil servants? | 46 |
| 44 | Can citizens access the asset disclosure records of senior civil servants? | 0 |
Indicator and sub-Indicator Details
| 41 | Are there national regulations for the civil service encompassing, at least, the managerial and professional staff? | |||||||
| 41a: In law, there are regulations requiring an impartial, independent and fairly managed civil service. | ||||||||
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Comments: Rule 30 of The Government Servant (Conduct) Rules, 1979 states that - No Government servant shall bring, or attempt to bring, political or other outside influence, directly or indirectly, to bear on the government or any government servant in support, of any claim arising in connection with his employment as such." References: Transparency International, Berlin, 2004, National Integrity Systems Country Study Report: Bangladesh 2003. The Government Servants (Conduct) Rules, 1979, Government of Bangladesh. The Government Servants Discipline and Appeal Rules, 1985, Government of Bangladesh. Interview with Md. Motiur Rahman, Joint commissioner (Customs), Chittagong Customs House, Bangladesh, Aug. 18, 2007 Interview with A K Azad Khan, deputy director, Local & Revenue Audit Directorate, Audit Complex, Segunbagicha, Dhaka, Sept. 1, 2007, at 11.00 a.m.
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| 41b: In law, there are regulations to prevent nepotism, cronyism, and patronage within the civil service. | ||||||||
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Comments: Rule 27 of The Government Servant ( Conduct) Rules, 1979 states - No Government servant shall indulge in parochialism, favoritism, victimization and willful abuse of office." Rule 27B of The Government Servant (Conduct) Rules, 1979 states that - (i) Where a Government servant while discharging his official duty, finds - (a) that any person who is a member of his family or his first degree relative is interested in any matter pending with him, relating to any contract with any company or firm or to any other person; (b) that any person who is a member of his family or his first degree relative is employed in such company or firm or under such person, he shall not deal with the matter and sent the same to his higher authority for decision. Explanation - For the purpose of this rule, family and first-degree relatives include - wife, husband, parents, son, daughter, brother, sister and person wholly dependent upon the concerned government servant. (ii) Where the spouse of a government servant is a member of any political party or involved in any political activity in any manner, the concerned government servant shall, at once, in writing, report it to the government." Rule 30 of the The Government Servant (Conduct) Rules, 1979 states that - No Government servant shall bring, or attempt to bring, political or other outside influence, directly or indirectly, to bear on the government or any government servant in support, of any claim arising in connection with his employment as such." References: The Government Servants (Conduct) Rules, 1979, Government of Bangladesh. The Government Servants Discipline and Appeal Rules, 1985, Government of Bangladesh.
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| 41c: In law, there is an independent redress mechanism for the civil service. | ||||||||
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Comments: References: Transparency International, Berlin, 2004, National Integrity Systems Country Study Report: Bangladesh 2003. The Government Servants (Conduct) Rules, 1979, Government of Bangladesh. The Government Servants Discipline and Appeal Rules, 1985, Government of Bangladesh. Interview with Md. Motiur Rahman, Joint commissioner (Customs), Chittagong Customs House, Bangladesh, Aug. 18, 2007 Interview with A K Azad Khan, deputy director, Local & Revenue Audit Directorate, Audit Complex, Segunbagicha, Dhaka, Sept. 1, 2007, at 11.00 a.m.
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| 41d: In law, civil servants convicted of corruption are prohibited from future government employment. | ||||||||
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Comments: References: Rules 3, 4 of Chapter 3 of "The Government Servants Discipline and Appeal Rules, 1985", Government of Bangladesh.
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| 42 | Is the law governing the administration and civil service effective? | |||||||
| 42a: In practice, civil servants are protected from political interference. | ||||||||
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Comments: Politicization has taken a heavy toll of our bureaucracy. Ministers try to influence the public officials to make administrative decision in their favor. Even the ministers or MPs threat with awful consequence the officials, if their demands are not met. Due to successive politicization in public administration, the incompetent people have been placed in different key point in our administration. The Bangladesh Governance Report 2007 conducted by PPRC states that various group of officers have been recruited into the civil service, without meeting the criteria for entering the service (page-84). With the reference of the Bangladesh Observer published on July 22, 2006, the State of Governance in Bangladesh 2006 report described the politicization scenario in recruitment and promotion in civil administration. The report (p-55) mentioned that on July 13, 2006, the government promoted 153 deputy secretaries to the post of joint secretary, depriving around 100 eligible officers along with five additional secretaries promoted to the post of secretary. References: BRAC University, Centre for Governance Studies, The State of Governance in Bangladesh 2006, p-53-60, Dhaka, December 2006, www.cgs-bu.com Power and Participation Research Centre (PPRC), Bangladesh Governance Report 2007, p-84-85 Dhaka, 2007 Transparency International Bangladesh, March 2007, Bangladesh Public Service Commission: A Diagnostic Study , w www.ti-bangladesh.org Transparency International, Berlin, 2004, National Integrity Systems Country Study Report: Bangladesh 2003. Interview with Md. Motiur Rahman, Joint commissioner (Customs), Chittagong Customs House, Bangladesh, Aug. 18, 2007 Interview with A K Azad Khan, deputy director, Local & Revenue Audit Directorate, Audit Complex, Segunbagicha, Dhaka, Sept. 1, 2007, at 11.00 a.m. Transparency International Bangladesh, Working Paper on Bangladesh Election Commission November 06, 2006, www.ti-bangladesh.org Transparency International Bangladesh, May 2007, P roblems and Potentials of Chittagong Port: Follow-up Diagnostic Study , [ LINK ] Transparency International Bangladesh, August, 2007, B Bangladesh Airlines: A Diagnostic Study , ht tp://www.ti-bangladesh.org/index.php?page_id=401
Peer Review Comments: Civil servants are commonly influenced by the politcial power or personal matters. It is understandable from the researcher's remarks abd the references provided.
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| 42b: In practice, civil servants are appointed and evaluated according to professional criteria. | ||||||||
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Comments: Politicization has taken a heavy toll of our bureaucracy. Ministers try to influence the public officials to make administrative decision in their favor. Even the ministers or MPs threat with awful consequence the officials, if their demands are not met. Due to successive politicization in public administration, the incompetent people have been placed in different key point in our administration. The Bangladesh Governance Report 2007 conducted by PPRC states that various group of officers have been recruited into the civil service, without meeting the criteria for entering the service (page-84). With the reference of the Bangladesh Observer published on July 22, 2006, the State of Governance in Bangladesh 2006 report described the politicization scenario in recruitment and promotion in civil administration. The report (p-55) mentioned that on July 13, 2006, the government promoted 153 deputy secretaries to the post of joint secretary, depriving around 100 eligible officers along with five additional secretaries promoted to the post of secretary. References: BRAC University, Centre for Governance Studies, The State of Governance in Bangladesh 2006, p-53-60, Dhaka, December 2006, www.cgs-bu.com Power and Participation Research Centre (PPRC), Bangladesh Governance Report 2007, p-84-85 Dhaka, 2007 Transparency International Bangladesh, March 2007, Bangladesh Public Service Commission: A Diagnostic Study , w www.ti-bangladesh.org Transparency International, Berlin, 2004, National Integrity Systems Country Study Report: Bangladesh 2003. Interview with Md. Motiur Rahman, Joint commissioner (Customs), Chittagong Customs House, Bangladesh, Aug. 18, 2007 Interview with A K Azad Khan, deputy director, Local & Revenue Audit Directorate, Audit Complex, Segunbagicha, Dhaka, Sept. 1, 2007, at 11.00 a.m. Transparency International Bangladesh, Working Paper on Bangladesh Election Commission November 06, 2006, www.ti-bangladesh.org Transparency International Bangladesh, May 2007, P roblems and Potentials of Chittagong Port: Follow-up Diagnostic Study , [ LINK ] Transparency International Bangladesh, August, 2007, B Bangladesh Airlines: A Diagnostic Study , ht tp://www.ti-bangladesh.org/index.php?page_id=401
Peer Review Comments: In practice, politically aligned officials get more favors from the ruling party. It has been observed in the past couple of years that many officials were appointed and promoted not on merit, but only because they had very good links with the ruling quarters. For instance, the previous BNP-led alliance government had appointed some 165 officials for the Election Commission Secretariat without following the proper rules, and allegations of nepotism and favoritism were raised subsequently by many quarters. The reconstituted Election Commission after the expiry of the BNP government's tenure arranged for a re-examination of those officials. The results show that many of them failed to obtain required marks.
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| 42c: In practice, civil service management actions (e.g. hiring, firing, promotions) are not based on nepotism, cronyism, or patronage. | ||||||||
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Comments: Politicization has taken a heavy toll of our bureaucracy. Ministers try to influence the public officials to make administrative decision in their favor. Even the ministers or MPs threat with awful consequence the officials, if their demands are not met. Due to successive politicization in public administration, the incompetent people have been placed in different key point in our administration. The Bangladesh Governance Report 2007 conducted by PPRC states that various group of officers have been recruited into the civil service, without meeting the criteria for entering the service (page-84). With the reference of the Bangladesh Observer published on July 22, 2006, the State of Governance in Bangladesh 2006 report described the politicization scenario in recruitment and promotion in civil administration. The report (p-55) mentioned that on July 13, 2006, the government promoted 153 deputy secretaries to the post of joint secretary, depriving around 100 eligible officers along with five additional secretaries promoted to the post of secretary. References: BRAC University, Centre for Governance Studies, The State of Governance in Bangladesh 2006, p-53-60, Dhaka, December 2006, www.cgs-bu.com Power and Participation Research Centre (PPRC), Bangladesh Governance Report 2007, p-84-85 Dhaka, 2007 Transparency International Bangladesh, March 2007, Bangladesh Public Service Commission: A Diagnostic Study , w www.ti-bangladesh.org Transparency International, Berlin, 2004, National Integrity Systems Country Study Report: Bangladesh 2003. Interview with Md. Motiur Rahman, Joint commissioner (Customs), Chittagong Customs House, Bangladesh, Aug. 18, 2007 Interview with A K Azad Khan, deputy director, Local & Revenue Audit Directorate, Audit Complex, Segunbagicha, Dhaka, Sept. 1, 2007, at 11.00 a.m. Transparency International Bangladesh, Working Paper on Bangladesh Election Commission November 06, 2006, www.ti-bangladesh.org Transparency International Bangladesh, May 2007, P roblems and Potentials of Chittagong Port: Follow-up Diagnostic Study , [ LINK ] Transparency International Bangladesh, August, 2007, B Bangladesh Airlines: A Diagnostic Study , ht tp://www.ti-bangladesh.org/index.php?page_id=401
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| 42d: In practice, civil servants have clear job descriptions. | ||||||||
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Comments: References: Transparency International Bangladesh, Working Paper on Bangladesh Election Commission, Nov. 6, 2006, W www.ti-bangladesh.org BRAC University, Centre for Governance Studies, The State of Governance in Bangladesh 2006, p-53-60, Dhaka, December 2006, www.cgs-bu.com Power and Participation Research Centre (PPRC), B angladesh Governance Report 2007, p-84-85 Dhaka, 2007 Transparency International, Berlin, 2004, National Integrity Systems Country Study Report: Bangladesh 2003. Interview with Md. Motiur Rahman, Joint commissioner (Customs), Chittagong Customs House, Bangladesh, Aug. 18, 2007 Interview with A K Azad Khan, deputy director, Local & Revenue Audit Directorate, Audit Complex, Segunbagicha, Dhaka, Sept. 1, 2007, at 11.00 a.m. Transparency International Bangladesh, Working Paper on Bangladesh Election Commission November 06, 2006, www.ti-bangladesh.org Transparency International Bangladesh, May 2007, P roblems and Potentials of Chittagong Port: Follow-up Diagnostic Study , [ LINK ] Transparency International Bangladesh, August, 2007, B Bangladesh Airlines: A Diagnostic Study , ht tp://www.ti-bangladesh.org/index.php?page_id=401
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| 42e: In practice, civil servant bonuses constitute only a small faction of total pay. | ||||||||
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Comments: References: Interview with Md. Motiur Rahman, Joint commissioner (Customs), Chittagong Customs House, Bangladesh, Aug. 18, 2007 Interview with A K Azad Khan, deputy director, Local & Revenue Audit Directorate, Audit Complex, Segunbagicha, Dhaka, Sept. 1, 2007, at 11.00 a.m.
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| 42f: In practice, the government publishes the number of authorized civil service positions along with the number of positions actually filled. | ||||||||
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Comments: References: Interview with Md. Motiur Rahman, Joint commissioner (Customs), Chittagong Customs House, Bangladesh, Aug. 18, 2007 Interview with A K Azad Khan, deputy director, Local & Revenue Audit Directorate, Audit Complex, Segunbagicha, Dhaka, Sept. 1, 2007, at 11.00 a.m. Transparency International Bangladesh, March 2007, B angladesh Public Service Commission: A Diagnostic Study , www.ti-bangladesh.org Transparency International Bangladesh, orking Paper on Bangladesh Election Commission Nov. 6, 2006, W, www.ti-bangladesh.org Transparency International Bangladesh, May 2007, P roblems and Potentials of Chittagong Port: Follow-up Diagnostic Study , [ LINK ]" target="_blank">[ LINK ] Transparency International Bangladesh, August, 2007, Biman Bangladesh Airlines: A Diagnostic Study , http://www.ti-bangladesh.org/index.php?page_id=401
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| 42g: In practice, the independent redress mechanism for the civil service is effective. | ||||||||
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Comments: References: Interview with Md. Motiur Rahman, Joint commissioner (Customs), Chittagong Customs House, Bangladesh, Aug. 18, 2007 Interview with A K Azad Khan, deputy director, Local & Revenue Audit Directorate, Audit Complex, Segunbagicha, Dhaka, Sept. 1, 2007, at 11.00 a.m. BRAC University, Center for Governance Studies, The State of Governance in Bangladesh 2006, p-53-60, Dhaka, December 2006, www.cgs-bu.com Transparency International Bangladesh, March 2007, B angladesh Public Service Commission: A Diagnostic Study , www.ti-bangladesh.org Transparency International, Berlin, 2004, National Integrity Systems Country Study Report: Bangladesh 2003. Transparency International Bangladesh, , W Working Paper on Bangladesh Election Commission, Nov. 6, 2006 www.ti-bangladesh.org Transparency International Bangladesh, August, 2007, B iman Bangladesh Airlines: A Diagnostic Study , [ LINK ]
Peer Review Comments: It cannot work independently because of the politicization of the bureaucracy.
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| 42h: In practice, in the past year, the government has paid civil servants on time. | ||||||||
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Comments: References: Interview with Md. Motiur Rahman, Joint commissioner (Customs), Chittagong Customs House, Bangladesh, Aug. 18, 2007 Interview with A K Azad Khan, Deputy Director, Local & Revenue Audit Directorate, Audit Complex, Segunbagicha, Dhaka, Sept. 1, 2007, at 11.00 a.m.
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| 42i: In practice, civil servants convicted of corruption are prohibited from future government employment. | ||||||||
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Comments: References: Interview with Md. Motiur Rahman, Joint commissioner (Customs), Chittagong Customs House, Bangladesh, Aug. 18, 2007 Interview with A K Azad Khan, Deputy Director, Local & Revenue Audit Directorate, Audit Complex, Segunbagicha, Dhaka, Sept. 1, 2007, at 11.00 a.m.
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| 43 | Are there regulations addressing conflicts of interest for civil servants? | |||||||
| 43a: In law, there are requirements for civil servants to recuse themselves from policy decisions where their personal interests may be affected. | ||||||||
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Comments: Rule 27B of The Government Servant (Conduct) Rules, 1979 states that (C nflict of Interest) - (i) Where a government servant while discharging his official duty, finds - (a) that any person who is a member of his family or his first degree relative is interested in any matter pending with him, relating to any contract with any company or firm or to any other person; (b) that any person who is a member of his family or his first degree relative is employed in such company or firm or under such person, he shall not deal with the matter and sent the same to his higher authority for decision. Explanation - For the purpose of this rule family and first-degree relatives include - wife, husband, parents, son, daughter, brother, sister and person wholly dependent upon the concerned government servant. (ii) Where the spouse of a government servant is a member of any political party or involved in any political activity in any manner, the concerned government servant shall, at once, in writing, report it to the government." References: The Government Servants (Conduct) Rules, 1979, Government of Bangladesh
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| 43b: In law, there are restrictions for civil servants entering the private sector after leaving the government. | ||||||||
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Comments: There are no restrictions on post public service employment except few constitutional posts, such as comptroller and auditor general, chief election commissioner, judges. References: Transparency International, Berlin, 2004, National Integrity Systems Country Study Report: Bangladesh 2003. The Government Servants (Conduct) Rules, 1979, Government of Bangladesh. The Government Servants Discipline and Appeal Rules, 1985, Government of Bangladesh. Interview with Md. Motiur Rahman, Joint commissioner (Customs), Chittagong Customs House, Bangladesh, Aug. 18, 2007 Interview with A K Azad Khan, deputy director, Local & Revenue Audit Directorate, Audit Complex, Segunbagicha, Dhaka, Sept. 1, 2007, at 11.00 a.m.
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| 43c: In law, there are regulations governing gifts and hospitality offered to civil servants. | ||||||||
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Comments: The government service rules provide for registration of gifts in an official manner (Rules 5-7 of The Government Servant (Conduct) Rules, 1979 ).There are no rules limiting the acceptance of hospitality. Rule 5 of The Government Servant (Conduct) Rules, 1979 states that- (i) Save as otherwise provided in this rule, no Government servant shall, except with the previous sanction of the government, accept, or permit any member of his family to accept, from any person any gift the receipt of which wll1 place him under any form of official obligation to the donor. If the offer of a gift cannot be refused without giving undue offence, it may be accepted and delivered to the government for decision as to its disposal. (ii) If any question arises whether receipt of a gift places a government servant under any form of official obligation to the donor, the decision of the government thereon shall be final. (iii) If any gift is offered by the head or representative of a foreign state the government servant concerned should attempt to avoid acceptance of such a gift, if he can do so without giving offence. If, however, he cannot do so he shall accept the gift and shall report its receipt to the Establishment Division for orders as to its disposal. (iv) Secretaries to the government, or officers of equivalent status may accept gifts, offered abroad or within Bangladesh by institutions or officials dignitaries of foreign government of comparable or higher level provided that the value of the gift in each case does not exceed 500 taka (US$7.27). If the gift is capable of being used in a government office or department or at official residence, it should be used, accordingly. If the gift cannot be so used, the government servant may retain it for his own use. Rules 6 of The Government Servant ( Conduct) Rules, 1979 states that - No Government servant shall, except with the approval of the president accept a foreign award, title or decoration. Explanation.-For the purposes of this rule, the expression "approval of president" means prior approval in ordinary cases and ex post facto approval in special cases where sufficient time is not available for obtaining prior approval. Rules 7 of The Government Servant ( Conduct) Rules, 1979 states that - (i) No Government servant shall encourage meetings to be held in his honour or presentation of addresses of which the main purpose is to praise him or any entertainment to be held in his honour. (ii) Subject to the provisions of any general or special order of the government, a government servant may attend a fare-well entertainment of a substantially private and informal character held as a mark of regard to himself or to some other government servant, or to a person who has recently quitted the service of government, on the occasion of retirement from service or departure from a district or station of himself or such other government servant or person." References: The Government Servants (Conduct) Rules, 1979, Government of Bangladesh.
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| 43d: In practice, the regulations restricting post-government private sector employment for civil servants are effective. | ||||||||
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Comments: There are no restrictions on post public service employment except few constitutional posts, such as comptroller and auditor general, chief election commissioner, judges. References: Transparency International Bangladesh, March 2007, Bangladesh Public Service Commission: A Diagnostic Study , www.ti-bangladesh.org Transparency International, Berlin, 2004, National Integrity Systems Country Study Report: Bangladesh 2003. The Government Servants (Conduct) Rules, 1979, Government of Bangladesh. The Government Servants Discipline and Appeal Rules, 1985, Government of Bangladesh. Interview with Md. Motiur Rahman, Joint commissioner (Customs), Chittagong Customs House, Bangladesh, Aug. 18, 2007 Interview with A K Azad Khan, deputy director, Local & Revenue Audit Directorate, Audit Complex, Segunbagicha, Dhaka, Sept. 1, 2007, at 11.00 a.m.
Peer Review Comments: There is no restriction, by law, for civil servants for take private sector jobs after leaving office. As described by the reasearcher, those who hold constitutional posts are not civil servants.
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| 43e: In practice, the regulations governing gifts and hospitality offered to civil servants are effective. | ||||||||
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Comments: References: Interview with Md. Motiur Rahman, Joint commissioner (Customs), Chittagong Customs House, Bangladesh, Aug. 18, 2007 Interview with A K Azad Khan, deputy director, Local & Revenue Audit Directorate, Audit Complex, Segunbagicha, Dhaka, Sept. 1, 2007, at 11.00 a.m. Transparency International, Berlin, 2004, National Integrity Systems Country Study Report: Bangladesh 2003.
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| 43f: In practice, the requirements for civil service recusal from policy decisions affecting personal interests are effective. | ||||||||
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Comments: The conflict of interest rules are not strictly followed by public officials. References: Interview with Md. Motiur Rahman, Joint commissioner (Customs), Chittagong Customs House, Bangladesh, Aug. 18, 2007 Interview with A K Azad Khan, deputy director, Local & Revenue Audit Directorate, Audit Complex, Segunbagicha, Dhaka, Sept. 1, 2007, at 11.00 a.m. Transparency International, Berlin, 2004, National Integrity Systems Country Study Report: Bangladesh 2003.
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| 44 | Can citizens access the asset disclosure records of senior civil servants? | |||||||
| 44a: In law, citizens can access the asset disclosure records of senior civil servants. | ||||||||
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Comments: Bangladesh has no " Right to Information" Act, but it has an "Official Secrecy Act." References: Interview with Md. Motiur Rahman, Joint commissioner (Customs), Chittagong Customs House, Bangladesh, Aug. 18, 2007 Interview with A K Azad Khan, deputy director, Local & Revenue Audit Directorate, Audit Complex, Segunbagicha, Dhaka, Sept. 1, 2007, at 11.00 a.m.
Peer Review Comments: I didn't understand the researcher's comment.
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| 44b: In practice, citizens can access the asset disclosure records of senior civil servants within a reasonable time period. | ||||||||
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Comments: References: Interview with Md. Motiur Rahman, Joint commissioner (Customs), Chittagong Customs House, Bangladesh, Aug. 18, 2007 Interview with A K Azad Khan, deputy director, Local & Revenue Audit Directorate, Audit Complex, Segunbagicha, Dhaka, Sept. 1, 2007, at 11.00 a.m.
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| 44c: In practice, citizens can access the asset disclosure records of senior civil servants at a reasonable cost. | ||||||||
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Comments: References: Interview with Md. Motiur Rahman, Joint commissioner (Customs), Chittagong Customs House, Bangladesh, Aug. 18, 2007 Interview with A K Azad Khan, deputy director, Local & Revenue Audit Directorate, Audit Complex, Segunbagicha, Dhaka, Sept. 1, 2007, at 11.00 a.m.
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