State Minister for Local Government Mir Shahe Alam has said that a gift a contractor willingly gives an engineer out of their profits should not be considered a bribe. Existing government service conduct rules and the Penal Code, however, place specific restrictions on public servants accepting gifts, particularly from those with whom they have official dealings. The remarks have drawn questions from concerned citizens and from the anti-corruption organization Transparency International Bangladesh (TIB).
Speaking as chief guest at the inauguration of a training workshop for newly appointed engineers of the Local Government Engineering Department (LGED) at the LGED auditorium in Dhaka on Tuesday, the state minister said a gift given willingly by a contractor from their profits does not constitute a bribe. He also said engineers could accept such gifts.
Following his remarks, questions have emerged over the rules governing gifts accepted by public servants and the legality of engineers receiving personal benefits from contractors.
What the conduct rules say
Rule 5 of the Government Servants (Conduct) Rules, 1979, sets out provisions regarding the acceptance of gifts by government employees.
Under Rule 5(1), except in circumstances specified in the rules, no government servant may accept a gift without prior government approval from anyone with whom they have official dealings or whose interests may be affected by the acceptance of such a gift.
In other words, a government official cannot simply treat a gift as a gesture of personal courtesy if it comes from someone whose work they supervise or with whom they have official dealings. The relevant conditions and approval requirements must be taken into consideration when accepting gifts.
Sub-rule 5(4) of the same rules also sets monetary limits for gifts that may be accepted by certain categories of officials. In a statement sent to the media, TIB Executive Director Dr Iftekharuzzaman referred to a Tk500 limit for gifts received by secretaries or officials of equivalent rank from specified sources.
Meanwhile, Clause 6(2) of Schedule 20 of the Public Procurement Rules, 2025, allows the distribution of low-value items such as diaries, calendars and pens bearing an organization’s logo, with a maximum value of Tk5,000 per item. Analysts say, however, that this provision cannot be interpreted as a general authorization for government officials to accept personal gifts from contractors.
High Court lawyer Habibur Rahman told Dhaka Tribune: “Government employees are governed by the Government Servants (Conduct) Rules, 1979. Under these rules, restrictions apply to accepting gifts from anyone where there is a possibility of creating an obligation or expectation of favor in the discharge of official duties. These provisions also apply to family members of government employees.”
Penal Code provisions
Accepting benefits beyond legally authorized remuneration in exchange for performing official duties may also constitute a criminal offence under the Penal Code.
Section 161 provides for punishment when a public servant accepts gratification beyond their lawful remuneration in return for performing an official act or showing favor in the exercise of their official functions.
Section 165 provides for punishment when a public servant accepts a valuable item, without payment or for inadequate consideration, from someone whose affairs or business are connected with the official duties of that public servant.
Legal experts say that simply describing a benefit as a gift does not automatically make it lawful. The purpose of the gift, the official relationship between the giver and recipient, and whether it is connected to the recipient’s official responsibilities must all be considered.
Habibur Rahman said the state minister’s remarks were entirely unlawful. He added that they amounted to legitimizing and encouraging bribery and corruption.
“Why would a contractor be pleased with an engineer’s work? If you investigate a contractor who willingly gives an engineer a gift, you may find that the contractor has never even given a gift to their own parents out of happiness,” he said.
TIB: 'An attempt to legitimize bribes in the name of gifts'
TIB strongly criticized the state minister’s remarks. According to the organization, suggesting that engineers accept gifts from contractors in exchange for performing their official duties amounts to encouraging bribery and corruption.
TIB Executive Director Dr Iftekharuzzaman said inspecting the quality of work, formally accepting completed projects and ensuring that bills are paid promptly in accordance with regulations are routine responsibilities of government engineers. They receive salaries and benefits from public funds precisely to perform these duties.
“Why, then, should they need to receive illegal benefits from contractors in the name of gifts in exchange for performing their official responsibilities?” he asked.
He said advising officials responsible for preventing irregularities in public procurement to earn money outside the rules from contractors at the very beginning of their careers was extremely irresponsible and a violation of the law.
He further warned that such remarks by a state minister could legitimize demands for bribes at the field level and contribute to the spread of corruption.
The TIB executive director also said the minister should publicly identify the law or regulation that allows government officials to receive personal benefits from contractors’ profits as a reward for performing their routine duties.
