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Overview - General Rules and Regulations

G1.The Highways Act 1925 (Bengal Act III of 1925)

The purpose of this Act is to have effective administrative control over Government highways and bridges as well as land within the Right Of Way (ROW) and to facilitate efficient management at the time of maintenance/construction of highways and related structures.

This Act came into force on the 1 July 1928 (vide notification No. 2c dated 6 June 1928) published in the Calcutta Gazette, 1928, Pt-1, p1278. Some amendments were made to this Act at different times from 1932 to 1974 but with no significant changes.

In Rule 226 of Appendix viii of the Government Estates Manual 1958, there are some elaborations for application, under Section 4 of this Act.

The next changes in the Act were covered by the “The Highways (Amendment) Act 1994” which was published and notified in the Bangladesh Gazette dated 18 May 1994 where Clause (i) of Section 4(1) and 5 were amended.

By another Gazette notification in June 2001, the Government made rules titled “The Highways (Security, Protection, and Restriction of Movement) Rules 2001.” In a further Gazette notification dated 23 August 2001 amendments were made in Section 2(i) of the Highways (Security, Protection and Restriction of Movement) Rules 2001 and Section 2 of the Highways Act 1925.

Under Asian Development Bank assistance, the Highway Acts, Rules & its amendments etc. vis-a-vis the changes required were reviewed by the Road Maintenance Improvement Project (RMIP) by a legislation consultant. A draft document for rules named, “The Highways (Restricted Access Highways) Rules” were prepared on 20 August 2000 to be made under the Highways Act. 1925 which is awaiting consideration of the Government and legislation thereby.

G2.The Administrative Tribunal Act, 1980

This is an Act to provide for establishment of Administrative Tribunals to exercise jurisdiction in respect of matters to or arising out of the terms & conditions of the persons in the service of the Republic or any statutory public authority.

An Administrative Tribunal consists of one member who is appointed by the Government from amongst persons who are or have been District Judges. The Tribunal shall have jurisdiction to hear and determine application made by the persons in service or dismissed, removed/released, discharged or retired from service who are aggrieved due to some reason or other on the service conditions or on pension matters.

The person affected by an order, decision or action brought against the incumbent may seek redress under this rule provided that a prayer (petition) in this respect is submitted within six months. Any order or decision by the Administrative Tribunal is subjected to appeal in the Administrative Appellate Tribunal who may confirm, set aside, vary or modify such order/decision. The appellate Tribunal’s decision shall be binding upon the Administrative tribunal and the parties concerned.

Certain procedures are to be followed while appealing to the Administrative Tribunal. The Tribunal may reject the incomplete application of the aggrieved person or give him opportunity to apply again fulfilling the requirements. The judgement of Tribunal Court will be made effective following the same procedure as under the Code of Civil procedure 1908 (Act of 1908).

G3.The Arbitration Act 1940

The Act enacts the law relating to international commercial arbitration, reorganisation and enforcement of foreign arbitral award and other arbitration.

The object of the Arbitration Act is to enforce the Arbitration Agreement in which the parties concerned have bound themselves to have their disputes settled, adjudicated upon and decided through the court or domestic tribunal or through any means as agreed upon by the parties. The object is to have speedy disposal of disputes by quasi-judicial means and avoid formalities, delay, expense and obstacles to litigation.

The Arbitration agreement may be in the form of an Arbitration Clause in a contract or in the form of separate agreement, which shall be in writing.
The Dhaka Law Reports (DLR) have revised the Arbitration Act of 1940 (now repealed) incorporating up to date amendments and case laws. The jurisdiction and application of this Act is the whole of Bangladesh. In cases where the place of Arbitration is outside Bangladesh Sections 45, 46 and 47 of this Act will have to be made applicable.

G4.Acquisition and Requisition of Immovable Property Manual, 1982

This manual was published by the Ministry of Land for efficient management in acquisition and requisition of immovable property mainly for land and structures and for disposal of issues required to be resolved in such matters.

This manual contains ordinances, acts, rules, regulations and amendments etc. including circulars issued in this respect from time to time by the Land Ministry and the Government.

There are 8 (eight) chapters in this manual which comprises of procedures, forms required to be completed and certificates required to be furnished when submitting a proposal for acquisition/requisition of immovable property.

The main Ordinance/Acts/Rules in this connection are: -

1. The Acquisition and Requisition of Immovable Property Ordinance, 1982.

2. The Acquisition of Immovable Property Rules 1982.

3. The Requisition of Immovable Property Rules 1982.

4. The Emergency Requisition of Property Act 1948.

5. The Emergency Requisition of Property Rules 1948.

6. The Acquisition and Requisition of Immovable Property (Amendment) Act, 1994.

7. The Chittagong Hill-tract (land Acquisition) Regulation, 1958.

8. Jamuna Multi-Purpose Bridge Project (Land Acquisition) Act, 1995.

G5.General Information on Annual Confidential Report (ACR)

The Annual Confidential Report (ACR) is a part of the dossier of an Officer under the administrative control of the Ministry/Division/Department. The ACR Form No.1, which is divided into 10 parts, is used for writing the ACR of Class 1 Gazetted officers and maintained in the Ministry. The ACR for Class III & IV staff are maintained on a separate form and kept in the Chief Engineer's office or in departmental offices as otherwise directed by the Chief Engineer. Generally, the ACR is written once in a calendar year in the month of January.

The objectives are –

1. To ensure accountability in the service

2. To prepare cumulative performance records of officers

3. To take action in order to improve their capability/performance

4. To take decisions for promotion, transfer, training and matters related to the staff

Part 1 of the form (bio-data) is to be filled and signed by the Officer Reported Upon (ORU) by 15 November each year.

Part 2 of the form is to be filled and signed by 31 December after health examination by an Authorised Medical Officer (AMO). For this purpose the Report Initiating Officer (RIO) who is normally the immediate higher officer, will send the names of the officers under him to the AMO by 1 November.

The RIO will evaluate performance and will put his initial in the appropriate boxes and sign where necessary after filling the Parts 3 to 7 of the form. The form is then sent to the Countersigning Officer (CSO) by 31 January.

The CSO then completes Part 8 of the form with his comments and marks and passes it to the Chief Engineer who in some special cases puts additional comments in Part 9 of the form, and sends it to the Ministry.

The Ministry fills in Part 10 of the form by 30 April.

The following points should be noted by all concerned:

1. The ACR form cannot be folded

2. The word ‘Confidential’ should be written on the top of the envelope.

3. The ACR should always be accompanied by a health report even if it is submitted in arrears.

4. Officers and other staff on training, on deputation in foreign countries or on suspension do not need an ACR.

5. An officer should serve a minimum of three months under a RIO to be eligible for submission of an ACR form by him.

G6.Order for Replacement of Bangladesh Form No.2911

The new RHD Conditions of Contract and Tender Documents were approved by the Government in September 2001, with a Government Order being issued at that time for these documents to replace Form No. 2911.

The Government Order stipulated that a Bangla translation of these documents should be prepared and work on this is currently being carried out by RHD officers and is expected to be completed by the end of 2001. In the event of any conflict of interpretation, the original English language version of these documents will take precedence over the Bangla translation. The English and Bangla versions of the Conditions of Contract (Volume 2) will be combined together in a single printed document.

RHD has fixed the date of 1 July 2002 for the mandatory implementation of the new contract procedures. After this date use of Form 2911 will no longer be valid and it will be formally rescinded for use in the RHD. The Chief Engineer is to issue an appropriate order to this effect early in 2002.

G7.Bangladesh Allocation Rules 1982

The rules cover the entitlement of Government servants employed in the Ministry, Division and attached Departments to accommodation (Government residence). Persons employed in sub-ordinate offices of a Ministry may be made eligible for accommodation under specific order of the Government.

The Government can decide that the employees of certain departments and organisations, for example the Postal department, are ineligible to get accommodation from the Government Accommodation Board/Pool. The employees of the Roads & Highways Department are also not entitled to get an allotment from the Pool.

The RHD has its own housing establishment. For the purpose of accommodation in the RHD the basic rules as laid down in the Bangladesh Allocation Rules, 1982 are followed with amendments as required depending on practical situations and conditions.

The houses are classified in accordance with the categories of officers and staff. Eligibility for allotment of a particular type of residence is determined by the pay-scales within the framework of the rules.

G8.The Official Secrets Act., 1923

The rules under this Act are applied, when a person is involved in any activity against the interest of the Government/Department and indulges in subversive or anti-state practices. If it is found, or sufficient evidence exists, that a person has passed outside any official secret code, passwords, documents or information without proper authority, they are liable to be accused under this Act.

Any person if found to be guilty for such offences may undergo imprisonment or fine or both, and even conviction for life imprisonment or a death sentence.

G9.The Secretariat Instructtions 1976

In the absence of proper co-ordination, procedures and allocation of work in the offices of the Secretariat during the early years of Independence, the Ministry of Establishment published the Secretariat Instructions as per the provisions in the Rules of Business.
The main objective was to overcome the shortfall in the availability of procedures, systems, instructions etc. required to perform the work effectively and to accomplish good governance over the Government business at various levels in the Secretariat.

The existing Secretariat Instructions consists of five chapters, these cover:

1. Title and definition
2. Organisation of the Secretariat and distribution of work
3. Office procedure
4. Disposal of business
5. Special topics of common interest.

In addition, there are thirty five annexes.