Recommendation: • MoL should be asked to provide an opinion in writing stating that this provision does not immunize the decisions of the Commission from substantive defects in the selection process. • At a later date, the Act should be amended to make it clear that this section applies only to procedural defects.
6. Appointment and tenure of the Commissioners (1)
The commissioners shall be appointed by the President on the recommendation of the Selection Committee constituted under section 7.
(2)
The commissioners shall serve full time.
(3)
Subject to the provisions of section 10, the commissioners shall hold office for a period of four years from the date of their appointment.
(4)
The Commissioners shall not be eligible for re-appointment after the expiry of their tenure
Annotation: Apart from resignation or removal for cause, the terms of all Commissioners will expire on the same date. The result is that every four years the Commission will have to make a new start with a new Chairman and a new set of Commissioners. The better practice would be for Government to make the initial appoints for periods of up to four years, so that Commissioners would depart one at a time. In this way, at any point in time there will experienced Commissioners. In addition, there seems no reason why a good Commissioner should not be reappointed. In an ideal situation, some Commissioners would have the confidence of all stakeholders and their reappointment would be welcomed. Recommendation: At a later date, the Act should be amended to provide that “the commissioners shall hold office for a period of up to four years from the date of their appointment; provided that the first appointments under this Act shall be for a period of four years for the Chairman and one of the Commissioners and for a period of two years for the third Commissioner”. Ss. 6(4) should be deleted.
7. Selection Committee (1)
In order to make recommendation for the appointment of commissioners, a Selection Committee of five members shall be constituted as follows,: (a)
A Judge of the Appellate Division, nominated by the Chief Justice;
(b)
A Judge of the High Court Division, nominated by the Chief Justice;
(c)
The Comptroller and Auditor General of Bangladesh; 3
Prepared by International Business and Technical Consultants