The Agricultural University Ordinance, 1961 (East Pakistan Ordinance)

An Ordinance to establish the Bangladesh Agricultural University. 1

Act No. Ordinance NO. XXVIII OF 1961

Date: 18th August, 1961

An Ordinance to establish the Bangladesh Agricultural University. ¹ WHEREAS it is expedient to establish an Agricultural University in Bangladesh to provide facilities for higher education and research work in Agriculture and all its branches; NOW, THEREFORE, in pursuance of the Presidential Proclamation of the seventh day of October, 1958, and in exercise of all powers enabling him in that behalf, the Governor of East Pakistan is pleased to make and promulgate the following Ordinance, namely:-

Section 1. Short title, extent and commencement

(1) This Ordinance may be called the ² * Agricultural University Ordinance, 1961.

(2) It extends to the whole of Bangladesh.

(3) It shall come into force at once.

Section 2. Definitions

In this Ordinance, unless there is anything repugnant in the subject or context,-

(a) “Authority” means any of the Authorities of the University specified in section 15;

(b) (i) “college” means an educational institution imparting instruction in Agriculture and other branches of learning connected with Agriculture at degree and post graduate levels;

(ii) “constituent college” means a college established and maintained by the University as an integral part thereof within the campus of the University and includes a college forming an integral part of the University under sub-section (2) of section 6;

(iii) “affiliated college” means a college admitted to the privileges of the University under sub-section (1) of section 7;

(d) “teacher” includes a Professor, Reader, Lecturer and any other person appointed to a teaching post in the University; and

(e) “University” means the Bangladesh Agricultural University established under section 3.

Section 3. Establishment and incorporation

(1) An Agricultural University shall be established at Mymensingh in accordance with the provisions of this Ordinance and the campus of the University shall comprise such area as the Government may, by notification in the official Gazette, declare.

(2) ³The President of the People's Republic of Bangladesh or a person designated by him shall be the Chancellor of the University.

(3) The first Chancellor, the first Vice Chancellor appointed under section 12, and the first members of the Syndicate and of the Academic Council constituted under section 16 and section 18 respectively, and all persons who may hereafter become such Chancellor, Vice Chancellor, or members are hereby constituted a body corporate by the name of the Bangladesh Agricultural University.

(4) The University shall have a perpetual succession and a common seal and may sue or be sued by the said name.

Section 4. Right to property

The University shall be competent to acquire property, both movable and immovable, and hold property which has become vested in or has been acquired by it, and to contract, transfer and do all other things necessary for the purposes of this Ordinance in connection with such property.

Section 5. Powers of the University

The University shall have the following powers, namely:-

(a) to provide for instruction in Agriculture and such branches of learning connected with Agriculture as the University may think fit to provide, at degree and post graduate levels, and to make provisions for research and for the advancement and dissemination of knowledge in those subjects;

(b) to hold examinations and to grant and confer certificates, diplomas, degrees and other academic distinctions to and on persons who-

(i) have pursued a course of study provided or prescribed by the University, and have passed the examinations of the University under such conditions as may be prescribed by the University Ordinances, and

(ii) are admitted to the examinations of the University and have passed the examinations of the University under such conditions as may be prescribed by the University Ordinances;

(c) to confer research degrees on persons who have carried on independent research under such conditions as may be prescribed by the University Ordinances;

(d) to confer honorary degrees or other academic distinctions on approved persons in the manner prescribed by the Statutes;

(e) to co operate with other Universities, Boards and Institutes in such manner and for such purposes as the University may determine;

(f) to institute Professorship, Readership, Lecturership, and any other teaching or administrative post required by the University, and to appoint persons to such Professorship, Readership, Lecturership and post;

(g) to institute and award Fellowships, Scholarships, Medals and Prizes in accordance with the University Ordinances;

(h) to establish Teaching Departments, Faculties, Institutes, Constituent colleges and Halls within the campus of the University and to make such arrangements for their maintenance, management and administration as it may deem necessary;

(i) to admit colleges lying outside the campus of the University to the privileges of the University;

(j) to demand and receive payment of such fees and other charges as may be prescribed by the Statutes;

(k) to supervise and control the residence and discipline of the students of the University, to regulate their extra curricular activities, to make arrangements for promoting their health, and to ensure that they do not, in anyway, associate with undesirable persons, who, in the opinion of the University, exploit or are likely to exploit any association of students, whether in respect of extra curricular or in respect of curricular activities;

(l) to receive grants, bequests, trusts, gifts, donations, endowments and other contributions made to the University for specific purposes; and

(m) to do such other acts, whether incidental to the powers aforesaid or not, as may be requisite in order to further the objects of the University.

Section 6. Institutions within University campus

(1) Notwithstanding anything to the contrary contained in any other law for the time being in force, no educational institution lying within the campus of the University and imparting instruction in Agriculture and other branches of learning connected with Agriculture for which the University provides instruction, shall be associated in any way with, or seek admission to, any privileges of any other University.

(2) Any educational institution as mentioned in sub-section (1) which has been affiliated to any other University before the coming into force of this Ordinance, shall cease to be affiliated to such other University and such other University shall cease to have any jurisdiction over such institution immediately on the coming into force of this Ordinance; and such institution shall form an integral part of, and be maintained by, the University.

Section 7. Institutions outside University campus

(1) Notwithstanding anything to the contrary contained in any other law for the time being in force, any educational institution situated anywhere in Bangladesh outside the campus of the University and imparting instruction in Agriculture and other branches of learning connected with Agriculture for which the University provides instruction, may apply to the University for being admitted to the privileges of the University; and the University may, subject to the sanction by the Government and subject to the Statutes, admit such institution to the privileges of the University under such terms and conditions as the University may deem fit to impose.

(2) On and from the date on which an educational institution is admitted to the privileges of the University under sub section (1), any other University which had jurisdiction over such institution and to which such institution was affiliated, shall cease to have any jurisdiction over such institution.

(3) No educational institution admitted to the privileges of the University under sub section (1) shall be associated in any way with, or seek admission to, any privileges of any other University.

Section 8. University open to all classes and creeds

The University shall be open to all persons of either sex and of whatever religion, race, creed, colour or class and no person shall be denied the privileges of the University on the ground of his religion, race, creed, colour or class.

Section 9. Visitation

(1) The Government shall have the right to cause an inspection to be made, by such person or persons as it may direct, of the University and its buildings, laboratories, libraries, museums, workshops and equipment, of any institution or college maintained or recognised by, or admitted to the privileges of, the University, of the teaching and other work conducted by the University, and of the conduct of examinations held by the University, and to cause an enquiry to be made in respect of any matter connected with the University. The Government shall, in every such case, give notice to the Syndicate of its intention to cause an inspection or enquiry to be made, and the Syndicate shall be entitled to be represented thereat.

(2) The Government shall communicate to the Syndicate its views with regard to the results of such inspection or inquiry and shall, after ascertaining thereon the views of the Syndicate, advise the Syndicate on the action to be taken.

(3) The Syndicate shall communicate to the Government such action, if any, as has been taken or is proposed to be taken upon the results of the inspection or inquiry.

(4) Where the Syndicate does not, within a reasonable time, take action to the satisfaction of the Government, the Government may, after considering any explanation furnished or representation made by the Syndicate, issue such directions as it thinks fit and the Vice Chancellor shall comply with such directions.

Section 10. Officers of the University

The following shall be the officers of the University:-

(i) the Chancellor,

(ii) the Vice-Chancellor,

⁴(iia) the Pro-Vice-Chancellor;

(iii) the Registrar,

(iv) the Treasurer,

(v) the Controller of Examinations, and

(vi) such other persons as may be prescribed by the Statutes to be the officers of the University.

Section 11. The Chancellor: his powers

(1) The Chancellor of the University shall, when present, preside at the Convocations of the University.

(2) The Chancellor may remove any person from the membership of any Authority, if such person

(i) is of unsound mind;

(ii) has been incapacitated to function as member of such Authority; or

(iii) has been convicted by a Court of law of an offence involving moral turpitude.

(3) The Chancellor may withdraw the degree or diploma conferred on, or granted to, any person by the University if such person has been convicted by a Court of law of an offence involving moral turpitude.

(4) The Chancellor may, by order in writing, annul any proceeding of any of the Authorities which, in his opinion, is not in conformity with this Ordinance, the Statutes or the University Ordinances:

Provided that before making any such order he shall, through the Vice Chancellor, call upon the said Authority to show cause why such an order should not be made.

(5) Every proposal for the conferment of an honorary degree shall be subject to the confirmation of the Chancellor.

(6) The Chancellor may, if he is satisfied that exceptional circumstances seriously interfering with the normal activities of the University exist, pass such orders as he may consider necessary in the interests of the University; and such orders shall be binding on the Authorities and their members, and the officers, teachers and other employees of the University and shall be given effect to by the Vice Chancellor.

Section 12. The Vice Chancellor

(1) The Vice Chancellor shall, by notification in the official Gazette, be appointed by the Chancellor on such terms and conditions as the Chancellor may determine.

(2) The Vice Chancellor shall hold office for four years from the date of his appointment and, on the expiration of his term of office, shall be eligible for re appointment.

(3) When the office of Vice Chancellor falls vacant temporarily by reason of leave, illness or other causes, the Chancellor shall make such arrangements for carrying on the duties of the office of Vice Chancellor as he may think fit.

Section 13. Powers of the Vice Chancellor

(1) The Vice Chancellor shall be the principal executive and academic officer of the University and shall, if present, preside at the meetings of the Syndicate, the Academic Council, the Faculties, the Committee for Advanced Studies and Research, the Selection Board, the Finance Committee and the Planning and Development Committee. In the absence of the Chancellor, he shall preside at the Convocations of the University. He shall be entitled to attend and preside at any meeting of any Authority or other body or committee of the University.

(2) The Vice Chancellor shall ensure that the provisions of this Ordinance, the Statutes and the University Ordinance are faithfully observed and carried out, and he shall exercise all powers necessary for this purpose.

(3) In an emergency arising out of the business of the University and requiring, in the opinion of the Vice-Chancellor, immediate action, the Vice Chancellor may take such action as he may deem necessary, and shall report the action so taken to the Authority concerned as early as possible.

(4) The Vice Chancellor shall have the power to appoint, punish or dismiss such employees of the University as may be laid down in the Statutes.

(5) The Vice Chancellor shall have the power to create and fill temporary posts for a period not exceeding six months.

(6) The Vice Chancellor may, subject to such conditions as may be prescribed by the Statutes, delegate any of his powers to such officers and employees of the University as he may determine.

(7) The Vice Chancellor shall exercise such other powers as may be prescribed by the Statutes.

The Pro-Vice-Chancellor

⁵13A. (1) The Chancellor may, if he deems fit so to do, appoint one or more Pro-Vice-Chancellors on such terms and conditions and for such period as he may determine.

(2) The Pro-Vice-Chancellor shall perform such duties as may be prescribed by the Statutes and University Ordinance.

Section 14. Other officers

Subject to the provisions of this Ordinance, the powers and duties of other officers of the University shall be such as may be prescribed by the Statutes.

Section 15. Authorities

The following shall be the Authorities of the University:-

(i) the Syndicate,

(ii) the Academic Council,

(iii) the Faculties,

(iv) the Boards of Studies,

(v) the Selection Board,

(vi) the Committee for Advanced Studies and Research,

(vii) the Finance Committee,

(viii) the Planning and Development Committee, and

(ix) such other Authorities as may be prescribed by the Statutes.

Section 16. Syndicate

The Syndicate shall consist of the following members:-

(i) the Vice Chancellor (Chairman);

⁶(ia) the Pro-Vice-Chancellor or, if there is more than one, all the Pro-Vice-Chancellors; ⁷(ii) the Director General of Secondary and Higher Secondary Education;

(iii) the Director General of Bangladesh Agriculture Research Institute;

(iv) two Deans to be nominated by the Chancellor;

(v) six persons to be nominated by the Chancellor.

Section 17. Powers and duties of the Syndicate

Subject to the other provisions of this Ordinance, the Syndicate shall have the general management of, and superintendence over, the affairs, concerns and property of the University, and shall exercise such superintendence in accordance with the provisions of this Ordinance, the Statutes and the University Ordinances made thereunder. In particular it-

(a) shall determine the form, provide for the custody, and regulate the use of the common seal of the University;

(b) shall hold, control and administer the property and funds of the University, and make contracts on behalf of the University;

(c) shall have power to transfer and accept transfer of any movable or immovable property on behalf of the University in accordance with the Statutes that may be prescribed;

(d) shall manage and regulate the finances, accounts and investments of the University;

(e) may invest any moneys belonging to the University, including any unapplied income, in any of the securities described in section 20 of the Trusts Act, 1882, or in the purchase of immovable property in Bangladesh with the like power of varying such investments, or may place on fixed deposits in any approved Bank any portion of such moneys not required for immediate expenditure;

(f) shall administer any funds placed at the disposal of the University for specific purposes;

(g) shall consider and pass the budget of the University;

(h) shall admit colleges to the privileges of the University, subject to the provisions of this Ordinance and under such conditions as may be prescribed by the Statutes;

(i) shall arrange for and direct the inspection of colleges and Teaching Departments;

(j) may institute such teaching or administrative posts as it may consider necessary;

(k) may abolish or suspend any existing teaching or administrative post in the University;

(l) shall, subject to the other provisions of this Ordinance and the Statutes, appoint the officers on the recommendation of the Vice Chancellor, and teachers on the recommendation of the Selection Board, and shall determine their duties and conditions of appointment;

(m) may confer and grant degrees and diplomas;

(n) shall, subject to the other provisions of this Ordinance, regulate, determine and administer all matters concerning the University, and, to this end, shall exercise all other powers not otherwise provided for by this Ordinance, or the Statutes and the University Ordinances; and

(o) may delegate any of its powers to an officer or an Authority of the University or to a committee or sub committee appointed for a specific purpose.

Section 18. Academic Council

The Academic Council shall consist of the following:-

(i) the Vice Chancellor (Chairman);

⁸(ia) the Pro-Vice-Chancellor or, if there is more than one, all the Pro-Vice-Chancellors;

(ii) the Deans of the Faculties;

⁹(iia) the Director of Graduate Training Institute;

(iii) the Heads of the University Teaching Departments;

¹⁰(iv) the University Professors and Associate Professors;

(v) five persons to be nominated by the Chancellor.

Section 19. Powers and duties of the Academic Council

Subject to the other provisions of this Ordinance and the Statutes, the Academic Council shall have the power-

(a) to advise the Syndicate on all academic matters;

(b) to make University Ordinances for the proper conduct of teaching, research and examination, and for promoting academic life in the University and the colleges;

(c) to lay down conditions under which students may be given admission to the various courses of study and the examinations held by the University;

(d) to propose to the Syndicate schemes for the constitution of University Departments and Boards of Studies;

(e) to deal with University teaching and to make proposals for the planning and development of teaching and research in the University;

(f) to prescribe, subject to the approval of the Syndicate and upon the recommendations of the Boards of Studies and Faculties, the courses of studies, the syllabuses and the outlines of texts for all the examinations:

Provided that if the recommendations of a Board of Studies or Faculty are not available to the Academic Council by the 10th of April each year, it may, subject to the approval of the Syndicate, continue, for the next year, the courses of studies already prescribed for an examination;

(g) to recognise the examinations of other Universities or Boards as equivalent to the corresponding examinations of the University; and

(h) to make University Ordinance, for the award of Fellowships, Scholarships, medals and prizes.

Section 20. Term of office of members of the Syndicate and the Academic Council

The term of office of the nominated members and the quorum for the meeting of the Syndicate and of the Academic Council shall be prescribed by the Statutes.

Section 21. Constitution, powers and duties of the authorities

Subject to the provisions of this Ordinance, the constitution, powers and duties of the Faculties, Boards of Studies, Selection Boards, Committee for Advanced Studies and Research, Finance Committee, Planning and Development Committee and other Authorities shall be such as may be prescribed by the Statutes.

Section 22. Statutes

Subject to the provisions of this Ordinance, the Statutes may provide for all or any of the following matters, namely:-

(a) the constitution, powers and duties of the Authorities;

(b) the constitution of pension and provident funds for the benefit of the officers, teachers and other employees of the University;

(d) the conditions of service of the officers, teachers and other employees of the University;

(e) the mode of appointment of the officers and teachers of the University;

(f) the duration of courses;

(g) the medium of instruction and examinations;

(h) the fees to be charged for courses of study in the University and for admission to the examinations held by the University;

(i) the creation and abolition of posts;

(j) the establishment of Teaching Departments and constituent colleges; and

(k) all other matters which, by this Ordinance, are to be, or may be, prescribed by the Statutes.

Section 23. Framing of Statutes

(1) On the commencement of this Ordinance, the Statutes set out in the Schedule shall be the Statutes of the University.

(2) The Statutes may be amended, repealed or added to by Statutes made by the Syndicate in the manner hereinafter appearing.

(3) The Syndicate may propose to the Chancellor the draft of any Statute to be assented to by him:

Provided that no Statute relating to any matter mentioned in clauses (f), (g), (h), (i) and (j) of section 22 shall be proposed unless it has first been referred to the Academic Council and the Academic Council has expressed its opinion on it.

(4) A Statute proposed by the Syndicate shall have no validity until it has been assented to by the Chancellor. The Chancellor may assent to a Statute as proposed by the Syndicate or withhold his assent, or may refer it back to the Syndicate for re consideration; and the Statute shall be re submitted to the Chancellor for his assent thereto.

Section 24. University Ordinances

The Academic Council may, subject to the provisions of this Ordinance and the Statutes, frame University Ordinances providing for all or any of the following matters-

(a) registration of the students in the University, and admission of the students in the University and constituent and affiliated colleges;

(b) equivalence of examinations conducted by other Universities and institutions;

(d) conditions of admission to the examinations held by the University;

(e) conduct of examinations;

(f) condition of residence of the students;

(g) condition of admission to the Teaching Departments and constituent and affiliated colleges;

¹¹(gg) conduct and discipline of the students of the University, and punishment including rustication and expulsion for misconduct and breach of discipline; and

(h) all other matters which, by this Ordinance, are to be or may be prescribed by the University Ordinances.

Section 25. Approval of University Ordinances by Syndicate

(1) When a University Ordinance has been framed under section 24, it shall be submitted to the Syndicate which may approve or reject it or may refer it back to the Academic Council for re consideration and re submission to the Syndicate.

(2) A University Ordinance framed by the Academic Council shall have no validity until it has received the approval of the Syndicate.

Section 26. Regulations

(1) The Authorities of the University may make regulations consistent with this Ordinance, the Statutes and the University Ordinances-

(a) laying down the procedure to be followed at their meetings; and

(b) providing for all matters solely concerning such Authorities and not provided for by this Ordinance, the Statutes and the University Ordinances.

(2) Every Authority of the University shall make regulations providing for the giving of notice to the members of such Authority, of the dates of meetings, and of the business to be transacted at the meetings, and for keeping of records of the proceedings of the meetings.

(3) The Syndicate may direct the amendment, in such a manner as it may specify, of any regulation made under sub section (1) or sub section (2) or the annulment of any regulation made under sub section (1):

Provided that any Authority which is dissatisfied with any such direction may appeal to the Chancellor whose decision shall be final.

Section 27. University Fund

(1) The University shall have a fund to be called the University Fund and to which shall be credited-

(a) its income from fees, donations, trusts, bequests, endowments, grants and all other sources;

(b) any contribution or grant by the ¹²Government.

(2) The Government shall, for the purposes of this Ordinance, contribute annually to the University such sum of money as may be determined by it.

Section 28. Audit of Accounts

The statement of the accounts of the University shall, once a year, be submitted to the Government for the purpose of annual audit.

Section 29. Interpretation in case of doubt

If any question arises regarding the interpretation of any provision of this Ordinance or of any Statutes, University Ordinance or regulation or as to whether any person has been duly nominated as, or is entitled to be, a member of any authority or other body of the University, the matter shall be reported to the Chancellor, whose decision thereon shall be final.

Section 30. Filling of casual vacancies

All casual vacancies among the members (other than the ex officio members) of any Authority or other body of the University shall be filled, as soon as may be, by the person or Authority or body which appointed, or nominated the member whose place has become vacant, and the person appointed, or nominated to a casual vacancy shall be a member of such Authority or body for the residue of the term for which the person whose place he fills would have been a member.

Section 31. Proceedings not invalidated by vacancy

No act or proceeding of any Authority or other body of the University shall be invalid merely on the ground of the existence of any vacancy in, or any defect in the constitution of such Authority or body.

Section 32. Pension and Provident Fund

The University shall constitute for the benefit of the officers, teachers and other employees, such pension and provident funds, in such manner and subject to such conditions, as may be prescribed by the Statutes.

Section 33. Protection of Acts and Orders

No order made under this Ordinance, or under any Statute, University Ordinance or Regulation made thereunder, shall be called in question in any Court; and no suit, prosecution or other legal proceeding shall lie against any person for anything in good faith done or intended to be done under this Ordinance or any Statute, University Ordinance or Regulation made thereunder.

Section 34. Members of Authorities and employees to be public servants

The members of the Authorities, the employees of the University and other persons appointed for carrying out the purposes of this Ordinance, shall be deemed to be public servants within the meaning of section 21 of the ¹³ * Penal Code.

Section 35. Prohibition to seek elections, etc.

The employees of the University shall neither seek nor contest election to any Legislature or local body.

Section 36. Appointment of First Registrar

Notwithstanding anything contained in the Statutes, the first Registrar may be appointed by the Chancellor for a period not exceeding one year on such terms and conditions as the Chancellor may determine.

Section 37. Removal by the Chancellor of difficulties at the commencement of the Ordinance

The Chancellor may, for the purpose of removing any difficulties in first giving effect to the provisions of this Ordinance, particularly in relation to the first constitution of any Authority of the University, by an order in writing, direct that such action be taken as he may deem necessary or expedient.

Footnotes

1.Throughout this Ordinance, the words “Bangladesh” and “Government” were substituted for the words “East Pakistan” or “Pakistan” and “Provincial Government” or “Central Government” respectively by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973) (See: Bangladesh Laws (Revision And Declaration) Act, 1973)

2.The words “East Pakistan” was omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972) (See: Bangladesh (Adaptation of Existing Laws) Order, 1972 )

3.The words “The President of the People’s Republic of Bangladesh” were substituted for the words “The Governor of East Pakitsan” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973) (See: Bangladesh Laws (Revision And Declaration) Act, 1973)

4.Clause (iia) was inserted by section 2 of the Agricultural University (Amendment) Act, 1999 (Act No. XIII of 1999)

5.Section 13A was inserted by section 3 of the Agricultural University (Amendment) Act, 1999 (Act No. XIII of 1999)

6.Clause (ia) was inserted by section 4 of the Agricultural University (Amendment) Act, 1999 (Act No. XIII of 1999)

7.Clauses (ii) and (iii) were substituted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973) (See: Bangladesh Laws (Revision And Declaration) Act, 1973)

8.Clause (ia) was inserted by section 4 of the Agricultural University (Amendment) Act, 1999 (Act No. XIII of 1999)

9.Clause (iia) was inserted by section 2 of the Agrucultural University (Amendment) Ordinance, 1986 (Ordinance No. XXVIII of 1986)

10.Clause (iv) was substituted by section 2 of the Agrucultural University (Amendment) Ordinance, 1986 (Ordinance No. XXVIII of 1986)

11.Clause (gg) was inserted by section 4 of the East Pakistan Agricultural University (Amendment) Ordinance, 1962 (East Pakistan Ordinance No. XXV of 1962)

12.The word “Government” was substituted for the words “Central or the Provincial Government” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973) (See: Bangladesh Laws (Revision And Declaration) Act, 1973)

13.The word “Pakistan” was omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972) (See: Bangladesh (Adaptation of Existing Laws) Order, 1972 )