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The Bangladesh Power Development Boards Order, 1972 (President's Order)

( PRESIDENT'S ORDER NO. 59 OF 1972 )

32. (1) Notwithstanding anything contained in any law, rule, regulation, agreement or contract for the time being in force, on the commencement of this Order,-
 
 
 
 
(a) the East Pakistan Water and Power Development Authority, hereinafter referred to as the said Authority, established under the East Pakistan Water and Power Development Authority Ordinance, 1958 (E.P. Ord. No. I of 1959), shall stand dissolved;
 
 
 
 
(b) the entire undertakings of the said Authority and all debts, liabilities and obligations of whatever kind of the said Authority subsisting immediately before the commencement of this Order shall stand transferred to, and vest in,-
 
 
 
 
1[* * *]
 
 
 
 
(ii) the Power Board, so far as they relate to the power wing of the said Authority;
 
 
 
 
(c) all debts, liabilities and obligations incurred, all contracts entered into and all matters and things engaged to be done by, with or for, the said Authority before the commencement of this Order shall be deemed to have been incurred, entered into, acquired or engaged to be done by, with or for,-
 
 
 
 
2[* * *]
 
 
 
 
(ii) the Power Board, so far as they relate to the undertakings transferred to that Board under that sub-clause;
 
 
 
 
(d) all suits and other legal proceedings instituted by or against the said Authority before the commencement of this Order shall be deemed to be suits and other legal proceedings by or against-
 
 
 
 
3[* * *]
 
 
 
 
 
 
(ii) the Power Board, so far as they relate to the undertakings transferred to that Board under that sub-clause;
 
 
 
 
(e) all officers, advisers, consultants and other employees of the said Authority shall stand transferred to, and shall be deemed to have been appointed or engaged by,-
 
 
 
 
4[* * *]
 
 
 
 
(ii) the Power Board, if they were appointed or engaged in the power wing of the said Authority; and
 
 
 
 
(f) the East Pakistan Water and Power Development Authority Ordinance, 1958 (E.P. Ord. No. I of 1959), shall stand repealed.
 
 
 
 
(2) The officers and other employees of the said Authority transferred to a Board under sub-clause (1) shall be deemed to be Government servants and shall serve under the Board on such terms and conditions as may be determined by the Government or, until so determined, on the same terms and conditions, subject to the provisions of this Order, as were applicable to them immediately before their transfer:
 
 
 
 
Provided that an officer or other employee directly appointed by the said Authority may, within such time as may be specified by the Government, exercise his option not to continue to serve under a Board.
 
 
 
 
(3) If any question arises as to whether any undertaking related to the water wing or the power wing, or whether any person was an officer, adviser, consultant or other employee of the water wing or the power wing, of the said Authority, immediately before the commencement of this Order, the question shall be referred to the Government whose decision shall be final and binding on the parties.
 
 
 
 
(4) Where any undertaking of the said Authority does not relate exclusively to its water wing or power wing or where such undertaking relates to both the wings of the said Authority,such undertaking shall be transferred to such Board, in such manner and to such extent as the Government may, by order, direct.
 
 
 
 
(5) Where any officer, adviser, consultant or other employee of the said Authority was not appointed or engaged exclusively in its water wing or power wing or was appointed or engaged for the purposes of both the wings or for the purposes of the said Authority as a whole, immediately before the commencement of this Order, he shall be transferred to such Board as the Government may, by order, direct.
 
 
 
 
(6) The Government may, for the purpose of removing any difficulty arising out of, or in connection with, the dissolution of the said Authority or in relation to the transfer and other matters specified in this Article, make such order as it considers expedient and any such order shall be deemed to be, and given effect to as, part of the provisions of this Order.

  • 1
    Sub-clause (i) was omitted by section 27 of the বাংলাদেশ পানি উন্নয়ন বোর্ড আইন, ২০০০ (২০০০ সনের ২৬ নং আইন)
  • 2
    Sub-clause (i) was omitted by section 27 of the বাংলাদেশ পানি উন্নয়ন বোর্ড আইন, ২০০০ (২০০০ সনের ২৬ নং আইন)
  • 3
    Sub-clause (i) was omitted by section 27 of the বাংলাদেশ পানি উন্নয়ন বোর্ড আইন, ২০০০ (২০০০ সনের ২৬ নং আইন)
  • 4
    Sub-clause (i) was omitted by section 27 of the বাংলাদেশ পানি উন্নয়ন বোর্ড আইন, ২০০০ (২০০০ সনের ২৬ নং আইন)
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