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The Bangladesh Shilpa Bank Order, 1972 (President's Order)

( PRESIDENT'S ORDER NO. 129 OF 1972 )

22. (1) The Bank may 1[, subject to other provisions of this Article,] appoint or employ such persons as it considers necessary for the efficient performance of its function on such terms and conditions as it may determine.
 
 
 
 
(2) Every officer or other employee of the Development Bank and the Fund in Bangladesh shall become, on the commencement of this Order, an officer or other employee, as the case may be, of the Bank and shall hold his office or service in the Bank on the same terms and conditions and with the same rights and privileges as to provident fund, gratuity, pension and other matters as were enjoyed by him immediately before such commencement and shall continue to do so unless and until his employment in the Bank is terminated or until his remuneration or terms and conditions are duly altered by the Bank:
 
 
 
 
Provided that an officer or other employee may, within such time as may be specified by the Bank, exercise his option not to continue in the service of the Bank:
 
 
 
 
Provided further that the Government may alter the terms and conditions of service of an officer or employee if such alteration is considered necessary for the sake of uniformity and in the interest of equity in service.
 
 
(3) Notwithstanding anything contained in any terms and conditions of service or in any award, settlement or agreement for the time being in force, the Bank may, with the prior approval of the Government, alter the remuneration (whether by way of reduction or otherwise) and other terms and conditions of service of any officer or other employee of the Bank, and if such alteration is not acceptable to an officer or other employee, the Bank may terminate his employment by giving him compensation equivalent to three months' remuneration in case of a permanent officer or employee and one month's remuneration in case of temporary officer or employee.
 
 
 
 
Explanation The compensation to an officer or other employee under clause (3) shall be in addition to any pension, gratuity or other benefit to which the officer or other employee may be entitled under the terms and conditions of his service.
 
 
 
 
(4) If any question arises as to whether any person was an officer or other employee of the Development Bank or the Fund or not 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.
 
 
 
 
(5) The transfer of service of any officer or other employee from the Development Bank or the Fund to the Bank shall not entitle any such officer or other employee to any compensation, other than the compensation mentioned in clause (3), and no such claim shall be entertained by any Court, tribunal or other authority.
 
 
 
 
2[* * *]

  • 1
    The commas and words “, subject to other provisions of this Article,” were inserted by section 2 and the Schedule of the Financial Institutes Laws Amendment Ordinance, 1977 (Ordinance No. LXI of 1977)
  • 2
    Clause (6) was omitted by section 13 of the Bangladesh Shilpa Bank (Amendment) Act, 1987 (Act No. XVIII of 1987)
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