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301 , SECRET MOST IMMEDIATE Enclosed please find extracts from the decisions of the Cabinet meeting held oil December 13, 1971 on the subject "Trial of collaborators" and "Screening of employees of Government, semi-Government and autonomous bodies". This is for favor of information and necessary action. (H. T. Imam) Cabinet Secretary. 15.12.71, U.O.No. (9)/Cab. Dated 15.12.71. 1. Acting Secretary-General, 2. Secretary, Foreign Affairs. 3. Secretary, Defense. 4. Secretary, G. A. 5. Secretary, Home/D. G., Police. 6. Secretary, Home Affairs. 7. Secretary, Finance. 8. Secretary, Information and Broadcasting. 9. Secretary, Agriculture. EXTRACTS FROM THE MINUTES AND DECISIONS OF THE CABINET MEETING HELD ON DECEMBER 3, 1971 O ................... o o o o o AGENDA NO. 2: Trial of Collaborators. The Cabinet considered the summary on the subject "Trial of collaborators" and after due deliberation decided as follows: a) An announcement should be made forthwith to the effect that a machinery of justice is being established for the trial of collaborators and that pending trial all alleged collaborators should be protected and that private retribution must be prevented. (b) The recommendations contained in the summary on the subject "Trial of Collaborators", submitted by the Secretaries’ Committee, were accepted as noted below: 302 (i) Tribunals will be formed for different categories of collaborators. (ii) An announcement should be made through radio and other media of communication that local authorities under the Government of the Peoples Republic of Bangladesh have been authorized to arrange immediate arrest and safe custody of collaborators pending trial. c) The subject "Trial of Collaborators" should be immediately examined in details by a Committee of jurists and legal experts, who will advise the Government, particularly on the following matters: (i) Whether new law should be drafted to give legal form to the recommendations made to the Cabinet by the Secretaries' Committee or this should be done within the framework of the existing law. If the law on the trial of collaborators is to be framed according to the existing law/laws, under the provisions of the Proclamation of Independence Order dated April 10, 1971 and the laws Continuance Order dated April 10, 1971, how should it be fitted therein. (ii) Whether the offence of collaboration should be given precise definition or it is covered sufficiently by the existing law dealing with such crimes as waging war against the State, sedition, murder, loot arson etc. (iii) What should be the composition of the tribunals or Special Courts? (iv) What category of persons should be tried? (v) What other allied factors are to be considered and brought within the legal framework? (d) The Committee of Jurists and legal experts should be immediately constituted by the Ministry of Law and Parliamentary Affairs and further necessary action should be taken by that Ministry. If necessary, the Ministry of Law and Parliamentary Affairs may ask for the services of legal experts from the Government of India. AGENDA NO 3: - Screening of employees of the Government, Semi-Government and autonomous bodies. The Cabinet considered the summary on the subject "screening of employees of the Government, semi-Government, and autonomous bodies". The recommendations contained in the summary were accepted with certain amendments. The Cabinet decisions of the subjects, with amendments, are noted below: 1. Screening Committees will be set up as follows: (i) Screening Committee A-for dialing with all persons drawing a salary of Rs. 2000/- and above; (ii) Screening Committee B-for persons drawing a salary of more than Rs. 750/- but less than Rs. 2000/-; 303 (iii) Screening Committee C & D-for all class I officers other than those falling within the jurisdiction of Committee A & B as well as persons drawing a salary from Rs. 350/- to Rs. 750/-; (iv) Screening Committee E-for class II (Gazetted) Government servants not covered by Screening Committee C & D; and, (v) Non-Gazetted Government servants and employees of semi-Government and autonomous bodies of equivalent rank will be screened by Screening Committees at the district level to be appointed by the Government. 2. The Screening Committee will be competent to award anyone or more Punishments specified in Government Servants' Efficiency and Discipline Rules, 1961. The seriousness of the offence will be determined by the facts of each case. 3. Screening Committee A will consist of the following: (a) A person who is or has been a Judge of the High Court or Supreme Court as Chairman, (b) One Vice-Chancellor of University and (c) One elected public representative. Screening Committee B: (a) One Secretary of the Central Government or equivalent as Chairman, (b) One elected public representative and (c) One educationist of the rank of Professor/Head of Department of University. Screening Committee C & D: (a) One District Judge as Chairman. (b) One elected public representative and (c) One Reader of a University. Screening Committee E : (a) One Sub-Judge as Chairman. (b) One elected public representative and (c) One Principal of a College or a senior lecturer of University. 4. The screening Committee will submit their report and findings to the President for his approval. 304 , SECRET December 15,1971 Relevant extracts from the decisions of the Cabinet meeting held on Friday, December 10, 1971 on the subject "Restoration of Civil Administration ,, are circulated herewith for information and necessary action by all concerned. (H. T. Imam) Cabinet Secretary. Memo No. 469(5)/Cab. dated 16.12.71. To: 1. Defense Secretary. 2. Secretary for Foreign Affairs. 3. Secretary for Health. 4. Secretary, Agriculture. 5. Secretary, Finance. SECRET DECISIONS OF THE CABINET MEETING HELD ON FRIDAY, DECEMBER 10, 71, ON THE SUBJECT "RESTORATION OF CIVIL ADMINISTRATION". O o o o o o The maintenance of law and order and the provision of essential services is the foremost task to be taken in hand by the Bangladesh Government in the wake of liberation. To achieve this it is necessary to repair and restore the Civil Administration immediately. 2. Taking all factors into account, it seems that there is no alternative to the retention of the existing personnel and administrative structure at the district level and below. Government will make categorical statement forthwith to the following effect: (a) A high power Administrative Reforms Commission will be set up within two months of the Govt.'s shifting its headquarters to Dacca to draft legislation to reform the services and administrative structure in accordance with the fundamental principles enunciated by the Govt. from time to time. (b) A high powered Screening Committee will be set up to punish or remove unpatriotic officials. This is in addition to the trial of those who have actively collaborated with the enemy, under the law for trial of collaborators. 305 (c) Government is aware that many Government servants were serving under duress and guarantees that no one will be punished without fair trial in accordance with the law. (d) All Government Servants who left their posts during enemy occupation and remained inside Bangladesh should return to their posts as soon as the areas are liberated and establish contact with local Administration. Persons appointed/posted to these places after March 25, 1971, will revert as Officers on Special Duty. Those who were at their posts at the time of liberation should remain in their posts and establish similar contact with the local Administration until further orders. Notwithstanding the above, all postings and appointments made by the Government of the People's Republic of Bangladesh will hold good and present incumbents of these posts will become Officers on Special Duty until further orders. (e) Those Government servants who left their posts and crossed into neighboring countries, unless otherwise assigned by the Government of the People's Republic of Bangladesh to any specific purposes, should also return to their posts held by them on or before March 25, 1971 with prior intimation to the Government and nearest Bangladesh Administration. Present holders of such posts will become Officers on Special Duty, until further orders. (f) The Offices of Zonal Administration will submit to the Government a list of Government Servants whether at present employed or not indicating the last posts held by them in Bangladesh. 3. Out of the list of personnel furnished by Zonal Administration paragraph 2 (f) above or available in headquarters office. Thana Units will be formed ready for dispatch to places where vacuum may exist. The composition of the Unit will be as follows: DESIGNATION FUNCTIONS. 1. Thana Magistrate Law & Order and overall co -ordination 2. CO (DEV)/Special Relief and treasury Relief Officer 3. Thana Food Officer Supply of consumer items 4. O.C Law and order 5. Thana Overseer/ Asstt. Restoration of communication. Engineer 6. Thana Agricultural Supply of Agricultural inputs Officer/TCO /TI 7. Thana Medical Officer Health. The Thana Magistrate will have the power to deploy personnel available within his jurisdiction, in any manner he chooses to meet emergency with regard to maintenance of 306 Law & Order, rehabilitation, supply of essential commodities and restoration and maintenance of services. He will be the financial controller at the thana level. As financial controller he will incur expenditure in respect of pay of officers and establishment and contingencies out of the imprest placed at his disposal. The CO (DEV) will act as special Relief Officer. The Secretary, General Administration will follow up implementation of the decisions by the Department concerned. 4. Each Thana Unit constituted under para 3 shall be provided with one month's pay in advance before being dispatched to their places of duty. The Treasury Officer will be provided with an initial imprest of Rs. 10,000.00 (ten thousand). The Cabinet was also pleased to take the following decisions for restoration of Civil Administration in Bangladesh: (a) Deputy Commissioners and District Magistrate, the Superintendents of Police will be posted in all the 19 districts.
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