The Intermediate and Secondary Education Ordinance, 1961 (East Pakistan Ordinance)

An Ordinance to re organise Intermediate and Secondary Education in Bangladesh. 1

Act No. Ordinance NO. XXXIII OF 1961

Date: 21st September, 1961

An Ordinance to re organise Intermediate and Secondary Education in Bangladesh. ¹ WHEREAS it has become necessary and expedient to re organise Intermediate and Secondary Education in Bangladesh in the manner hereinafter appearing; NOW, THEREFORE, in pursuance of the Presidential Proclamation of the seventh day of October, 1958, and having received the previous instructions from the President, the Governor, in exercise of all powers enabling him in that behalf, 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 * Intermediate and Secondary Education 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) “Board” means the Board of Intermediate and Secondary Education, Dacca, established under sub section (1) of section 3 and shall include a Board established under sub section (1) of section 3A;

(b) “College” means an institution recognised for Intermediate standard and includes a college, having Intermediate and Degree classes and affiliated to the University of Dacca ³, Rajshahi or Chittagong for Degree classes and recognised by the Board in respect of the Intermediate sections;

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(d) “Chairman” means the Chairman of the Board;

(e) “regulations” means regulations made by the Board under this Ordinance;

(f) “notification” means a notification published in the official Gazette;

(g) “Intermediate Education” means education pertaining to classes XI and XII and includes-

(i) Arts;

(ii) Science;

(iii) Technology;

(iv) Commerce;

(v) Islamic Studies;

(vi) Humanities;

(vii) Home Economics;

(viii) Agriculture;

(ix) Industry;

(x) Military Science;

(xi) Nursing; and

(xii) Such other types of ⁵technical and special education as may be determined by the Board, subject to the approval of the Government:

Provided that the Government may, by notification, declare any of the types of education referred to above not to be Intermediate Education for the purposes of this Ordinance;

(h) “Secondary Education” means education pertaining to classes IX and X and includes-

(i) general education;

(ii) education in Science subjects;

(iii) technical education;

(iv) industrial education;

(v) agricultural education;

(vi) commercial education;

(vii) health education;

(viii) education in Home Economics;

(ix) education for the physically handicapped;

(x) education for the mentally retarded and defectives; and

(xi) such other types of ⁶technical and special education as may be determined by the Board subject to the approval of the Government:

Provided that the Government may, by notification, declare any of the types of education referred to in sub clauses (iv) to (x) not to be Secondary Education for the purposes of this Ordinance;

⁷(i) “Intermediate College” means an institution with classes XI and XII and includes Intermediate sections of Degree Colleges affiliated to any University established by or under any law for the time being in force and recognised by the Board in respect of Intermediate sections;

(j) “Secondary School” means an institution comprising classes IX and X in which Secondary Education is imparted;

⁸(jj) “President” means the President of Bangladesh;

(k) “Principal” means the head of the teaching staff of an Intermediate or Degree College by whatever style he may be designated; and

(l) “Headmaster” when used with reference to a Secondary School, means the head of the teaching staff, by whatever style he may be designated.

Section 3. Establishment of the Board of Intermediate and Secondary Education, Bangladesh

(1) Under this Ordinance, a Board shall be established for the organisation, regulation, supervision, control and development of Intermediate and Secondary Education in accordance with the provisions of the Ordinance.

(2) The Board shall, by the name of the Board of Intermediate and Secondary Education, Dacca, be a body corporate with perpetual succession and a common seal and shall have, subject to regulations, power to acquire and hold movable and immovable property, to transfer such property when held by it, to contract, and to do all other things necessary for carrying out the purposes of this Ordinance, and shall by the said name sue and be sued.

(3) The powers of regulation, supervision, control and development of Intermediate and Secondary Education shall vest in the Board of Intermediate and Secondary Education, Dacca.

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(4) [Omitted by section 5 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977).]

Establishment of other Board or Boards

¹⁰3A. (1) Notwithstanding anything contained in section 3, the Government, if it thinks fit may establish, by notification in the official Gazette, one or more other Board or Boards in respect of such area or areas as may be specified in the notification, for the organisation, regulation, supervision, control and development of intermediate and secondary education in such specified area or areas in accordance with the provisions of this Ordinance.

(2) A Board established under sub-section (1) may be called by such name as the Government may assign to it and shall be a body corporate with perpetual succession and a common seal, and shall have, subject to regulations, power to acquire and hold movable and immovable property, to transfer such property when held by it, to contract and to do other things necessary for the purposes of this Ordinance, and may, by the said name, sue or be sued.

(3) On the establishment of a separate Board under sub-section (1), the Board of Intermediate and Secondary Education Dacca, shall cease to have jurisdiction over any educational institution lying within the area specified in the notification under sub section 1; and the powers of regulation, supervision, control and development of intermediate and secondary education in such area shall vest in such separate Board.

(4) Such funds, properties movable and immovable, assets and liabilities and records of the Board of Intermediate and Secondary Education, Dacca, as the Government may, by notification in the official Gazette, specify, shall vest in the Board established under subsection (1).

Section 4. Composition of the Board

The Board shall be constituted as follows:-

(i) Chairman to be appointed by the ¹¹President;

¹²(ii) one University Professor to be nominated by the Vice-Chancellor of-

(a) the University of Rajshahi in respect of the Board of Intermediate and Secondary Education, Rajshahi;

(b) the University of Rajshahi in respect of the Board of Intermediate and Secondary Education, Jessore;

(d) the University of Chittagong in respect of the Board of Intermediate and Secondary Education, Comilla;

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(iv) the Director of Public Instruction, Bangladesh, or an officer, not below the rank of an Assistant Director of Public Instruction, to be nominated by him;

(v) the Director of Technical Education, Bangladesh, or an officer, not below the rank of an Assistant Director of Technical Education, to be nominated by him;

(vi) one person to be nominated by the Government from among the Principals of the Intermediate Colleges for boys and girls;

(vii) one person to be nominated by the Government from among the Headmasters of Secondary Schools for boys;

(viii) one person to be nominated by the Government from among the Headmistresses of Secondary Schools for girls;

(ix) one Principal of a Degree College nominated by the Government;

(x-xi) two persons devoted to the cause of education to be appointed by the ¹⁴President; and

(xii) one Inspecting Officer to be nominated by the Government.

Section 5. Publication of names of members of the Board

The name of every person nominated or appointed as a member of the Board shall be published by notification as soon as possible, after his nomination or appointment, as the case may be.

Section 6. Term of office of nominated or appointed members of the Board

(1) Subject to the provisions of this Ordinance, a nominated or appointed member of the Board, other than the Chairman shall hold office for a term of three years from the date on which his name is published by notification under section 5, and may, on the expiration of such term, be eligible for re nomination or re appointment.

(2) The Principal, Headmaster or Headmistress nominated by the Government under clause (vi) or clause (vii) or clause (viii) or clause (ix) of section 4, or a University Professor ¹⁵nominated by the Vice-Chancellor concerned under clause (ii) of section 4, shall cease to be a member as soon as he ceases to be Principal, Headmaster, Headmistress or University Professor, as the case may be.

¹⁶(3) Any member of the Board may resign his membership by a letter addressed to the Chairman, and, in the case of the Chairman, he may resign his membership by a letter addressed to the President:

Provided that the resignation shall not take effect until it is accepted by the President or the Government, as the case may be.

(4) The President or the Government may, at any time by order in writing, remove the Chairman or any member of the Board appointed or nominated by him or it from his office if the President or, as the case may be, the Government considers such removal necessary or expedient in public interest or in the interest of the Board.

(5) The President, in the case of a member nominated by the Vice-Chancellor of a University, and the Government, in the case of a member nominated by the Director of Public Instruction or the Director of the Technical Education, may, at any time by order in writing, remove such member from his office if the President or, as the case may be, the Government considers such removal necessary or expedient in public interest or in the interest of the Board.

Section 7. Disqualification of membership of the Board

(1) A person shall not be eligible for nomination or appointment as a member of the Board, if he-

(a) has been adjudged by a competent Court to be of unsound mind;

(b) is an undischarged insolvent;

(c) being a discharged insolvent, has not obtained from the Court a certificate that his insolvency was caused by misfortune without any misconduct on his part; or

(d) has been convicted by a Court of an offence involving moral turpitude, unless an offence of which he was convicted has been pardoned or unless five years have elapsed since the date of his conviction.

(2) The nomination or appointment of a person who is, on the date of his nomination or appointment, subject to any of the disqualifications specified in sub section (1) shall be invalid.

(3) If a nominated or appointed member of the Board becomes after his nomination or appointment, subject to any of the disqualifications specified in sub section (1), his membership shall thereupon cease.

Section 8. Filling up of casual vacancies

(1) When the office of a nominated or appointed member of the Board becomes vacant by resignation, death or otherwise, a new member shall be nominated or appointed in his place in the manner provided in the appropriate clause of section 4 and such nominated or appointed member shall hold office so long as the member whose place he fills would have been entitled to hold office if such vacancy had not occurred.

(2) Notwithstanding the expiration of the term of three years specified in sub section (1) of section 6, a nominated or appointed member of the Board, other than the Chairman shall continue to hold office until the vacancy caused by the expiration of the said term has been filled in accordance with the provisions of this Ordinance.

Section 9. Officers of the Board

The following shall be the officers of the Board-

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(2) the Chairman;

(3) the Secretary;

(4) the Controller of Examinations; and

(5) such other officers as may be appointed by the Board.

Section 10. 18[Inspection, etc.]

(1) and (2) [Sub-sections were omitted by section 9 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977).]

(3) The ¹⁹Government, with the prior approval of the President, shall have power to cause an inspection to be made by such person or persons as ²⁰it may direct, of the offices, activities and funds and examinations conducted by the Board and cause an enquiry to be made in like manner in respect of any matter concerning the Board. ²¹The Government shall communicate to the Board the result of such inspection or enquiry and may advise the Board as to the action to be taken within a specified time. The Board shall report to the Government the action it proposes to take or has taken on such communication; where the Board does not within a reasonable time take action to the satisfaction of the Government, the Government may, after considering any explanation given by the Board, issue such direction as ²²it thinks fit, and the Chairman shall comply with such directions.

(4) Without prejudice to the foregoing provisions of this section, the ²³Government, with the prior approval of the President, may, by order in writing, annul any proceeding of the Board or any of the Committees if the Government is satisfied that such proceeding is not in conformity with this Ordinance:

Provided that before making any such order the Government shall, through the Chairman, call upon the Board or Committee concerned to show cause why such an order should not be made.

Section 11. Appointment, powers and duties of the Chairman

(1) The Chairman shall be a wholetime officer of the Board and shall be appointed by the ²⁴President on such terms and conditions as the ²⁵President may determine.

(2) The Chairman shall hold office for a term of three years from the date of notification of his appointment and on the expiry of the term of office shall be eligible for reappointment.

(3) When the office of the Chairman falls vacant temporarily or otherwise, by reason of leave, illness or other cause for a period not exceeding one year, the ²⁶President shall, notwithstanding anything contained in sub sections (1) and (2), make such arrangements for carrying on the duties of the office of the Chairman as he may think fit.

(4) The Chairman shall be the Principal Executive and Academic Officer of the Board and shall, when present, preside at the meetings of -

(i) the Board;

(ii) the Academic Committee;

(iii) the Selection Committee;

(iv) the Finance Committee; and

(v) such other Committees of the Board at which he is present.

(5) It shall be the duty of the Chairman to ensure that the provisions of this Ordinance and the regulations are faithfully observed and carried out and he shall exercise all powers necessary for this purpose.

(6) In any emergency arising out of the administrative business of the Board and requiring, in the opinion of the Chairman, immediate action, the Chairman may take such action as he may deem necessary and shall report the action so taken to the Board at its next meeting for approval.

(7) The Chairman shall exercise such other powers as may be delegated by the ²⁷President, or prescribed by regulations.

Section 12. Appointment of other officers and employees of the Board

(1) Officers of the Board, other than the Chairman shall be appointed by the Board in the manner prescribed by regulations.

(2) All other employees of the Board shall be appointed by the Chairman in the manner prescribed by regulations.

Section 13. Status, terms and conditions of services of officers and employees of the Board

The status, terms and conditions of service including rules for disciplinary action, for grant of leave and for retirement of the officers and the staff of the Board shall be such as may be prescribed by regulations.

Section 14. Casual vacancies in the posts of the officers of the Board other than the Chairman

Temporary or casual vacancies in the posts of the officers other than the Chairman of the Board shall be filled up in the manner prescribed by regulations.

Section 15. Conduct of meetings

The Chairman, or in the absence of the Chairman one member elected from among those present at a meeting of the Board, shall preside at every meeting of the Board, and shall be entitled to vote on any matter and shall have and exercise a second or casting vote in every case of equality of votes.

Section 16. Restriction on voting

(1) No member of the Board shall vote on any matter coming before the Board in respect of which (otherwise than in the general application thereof to all Intermediate Colleges and Secondary Schools) he, or any Intermediate College or Secondary School of which he is a teacher, has any interest.

(2) The Chairman or the presiding member, as the case may be, shall decide any question under sub section (1) arising in a meeting and his decision shall be final.

Section 17. Executive body

The Board shall be its own executive.

Section 18. Powers of the Board

(1) Subject to the provisions of this Ordinance, the Board shall have power to organise, regulate, supervise, control and develop Intermediate and Secondary Education within its jurisdiction.

(2) In particular and without prejudice to the generality of the power conferred by sub section (1), the Board shall have the powers-

(i) to prescribe courses of instruction for its examinations;

(ii) to grant recognition to or to withhold or withdraw recognition from Intermediate Colleges and Secondary Schools after considering inspection reports form the Bangladesh Education Directorate in the case of Secondary Schools and in the case of Intermediate Colleges after considering inspection reports from its own Inspection officer or officers deputed in that behalf by the Board;

(iii) to prescribe conditions governing admission of students to and transfer of students from and to Intermediate Colleges and Secondary Schools;

(iv) to prescribe the manner and mode of inspection of Intermediate Colleges and Secondary Schools;

(v) to cause inspection, if necessary, of any institution under its control by the officers of the Board or by any other person or persons it considers suitable;

(vi) to hold, conduct and regulate examinations at the end of the Intermediate and Secondary stage or any other stage thereof;

(vii) to publish the results of examinations held by the Board;

(viii) to grant certificates to persons who have passed examinations held by the Board and to withdraw certificates from them;

(ix) to arbitrate or arrange for arbitration in disputes between teachers and Governing Bodies or Managing Committees of Intermediate Colleges or Secondary Schools;

(x) to submit to the Government its views on any matter with which it is concerned;

(xi) to determine the number, designation and pay and allowances of the officers and staff of the Board, and to appoint such experts and consultants as it may consider necessary for the purposes of carrying out the provisions of this Ordinance;

(xii) to regulate and decide all administrative matters including the creation and abolition of posts:

Provided that the Chairman shall have the power to create temporary posts for a period not exceeding six months;

(xiii) to fix, demand and receive such fees as may be prescribed by regulations;

(xiv) to hold and manage endowments and to institute and award scholarships, medals and prizes;

(xv) to enter into and carry out contracts in exercise of powers and performance of duties assigned to it by this Ordinance and the regulations;

(xvi) to make provisions for buildings, premises, furniture, apparatus, books and other means needed for carrying on its work; and

(xvii) to do such other acts and things as it may consider necessary for the purposes of organisation, regulation, supervision, control and development of Intermediate and Secondary Education.

²⁸(2A) Notwithstanding anything contained in clauses (vi), (vii) and (viii) of sub-section (2), if it is not possible to hold and conduct examinations at the end of the Intermediate and Secondary stage or any other stage thereof due to pandemic, epidemic, Act of God or for any other inevitable circumstances as determined by the government from time to time, the government may, by an order in the official Gazette, issue instructions for assessment and grant of certificates without holding and conducting examination or holding and conducting examination with short syllabus, in the manner prescribed in that Gazette, for the students in a particular year.

(3) The Board may delegate any of its powers to the Chairman or any other officer of the Board or to a Committee or Sub committee constituted under this Ordinance as it may deem fit and withdraw any such delegation:

Provided that no power to make any regulation shall be delegated under this sub section.

Section 19. Committees of the Board

(1) The Board shall appoint the following Committees:-

(i) Finance Committee;

(ii) Selection Committee;

(iii) Regulation Committee;

(iv) Appeal and Arbitration Committee;

(v) Academic Committee;

(vi) Curricula Committee and Committee of Courses of Studies;

(vii) Science Education Committee;

(viii) Technical Education Committee;

(ix) Industrial Education Committee;

(x) Agricultural Education Committee;

(xi) Commercial Education Committee;

(xii) Physical Education Committee;

(xiii) Girls' Education Committee;

(xiv) Education in Home Economics Committee;

(xv) Examination Committee;

(xvi) Age Correction Committees;

(xvii) Recognition Committee or Committees; and

(xviii) such other Committee or Committees as the Board may consider necessary for the purposes of carrying out the provisions of this Ordinance.

(2) The composition, powers and duties of the Committees under sub section (1) shall be prescribed by regulations.

Section 20. Meetings of the Board

(1) The budget meeting of the Board shall be held on or before the 31st March every year.

(2) No business shall be transacted at any meeting of the Board unless a quorum of five members is present:

Provided that no quorum shall be necessary for a meeting adjourned for want of quorum.

Section 21. Annual report and budget estimate

(1) The Secretary shall present to the budget meeting of the Board a report on the work of the Board during the last preceding financial year, together with a budget estimate showing in the form prescribed by regulations, the anticipated income and expenditure of the Board during next succeeding financial year.

(2) The budget estimate shall, when confirmed by the Board and within such period as may be prescribed by regulations, be forwarded to the Government for approval. Thereupon the Government will approve the budget estimate as submitted by the Board or ²⁹it will make such modifications in it as ³⁰it considers necessary after consulting the Chairman.

Section 22. Intermediate and Secondary Education Fund

(1) There shall be constituted a fund for the Board of Intermediate and Secondary Education, Dacca, constituted under sub section (1) of section 3 to be called the Intermediate and Secondary Education Fund of the Board of Intermediate and Secondary Education, Dacca to which shall be credited-

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(b) all fees realised under any of the provisions of this Ordinance;

(c) all sums representing income from endowments or from property owned or managed by the Board for the purposes of this Ordinance; and

(d) all other sums received by the Board from Government or any other source for any purpose provided for in this Ordinance.

³²(1a) There shall be constituted a separate fund for each Board constituted under sub section (1) of section 3A to be called the Intermediate and Secondary Education Fund of that Board to which shall be credited;

(a) all fees realised by such Board under any of the provisions of this Ordinance;

(b) all sums representing income from endowments or from property owned or managed by such Board for the purpose of this Ordinance; and

(c) all other sums received by such Board from Government or any other source for any purpose provided for in this Ordinance.

(2) The Intermediate and Secondary Education Fund of a Board shall vest in the Board, shall be held by it in trust for the purposes of this Ordinance and shall be administered by it.

(3) All moneys payable to the credit of the Intermediate and Secondary Education Fund shall forthwith be paid into a bank, approved by the Board, or into Government treasuries.

Section 23. Application of the Intermediate and Secondary Education Fund

(1) No expenditure shall be incurred from the Intermediate and Secondary Education Fund except for the purposes of this Ordinance and unless such expenditure is provided for in a budget approved by the Government under section 21 or is provided for by reappropriation by the Board.

(2) Subject to the provisions of sub section (1), the Intermediate and Secondary Education Fund shall be applied to-

(a) payment of the cost of audit;

(b) payment of salaries and allowances to the Chairman and other officers and employees of the Board;

(c) payment of all expenses connected with printing of papers, forms, documents, etc., required for carrying out the purposes of the Ordinance;

(d) payment of allowances to members of the Board and Committees thereunder;

(e) payment of remunerations to such persons as may be appointed by the Board in connection with the work of holding and conducting the Board's examinations and of publication of the results thereof;

(f) payment of contingent and capital expenditure; and

(g) payment of any other expenditure incurred by the Board in accordance with, and for the purposes of giving effect to, the provisions of this Ordinance.

Section 24. Accounts

The Board shall keep accounts of all its receipts and expenditure in the manner and form prescribed by regulations.

Section 25. Audit

(1) The accounts of the Board shall be submitted to the Government once every year and examined and audited by an auditor appointed by the Government.

(2) It shall be the duty of the Board, and of every member, officer and servant thereof, to afford to the auditor every facility for the examination and audit of the accounts of the Board, and to comply with a requisition made by the auditor.

Section 26. Audit report

(1) The auditor shall submit to the Government a report on the audit of accounts and send a copy of such report to the Board and thereupon the Board shall, within a period prescribed in this behalf by regulations, forward a copy of the report together with its observation thereon to the Government.

(2) Subject to the provisions of section 28, the Government shall take such action on the audit report as it thinks fit.

Section 27. Disallowance

The auditor shall-

(a) disallow any payment which is in contravention of any law for the time being in force, and charge it against the persons making or authorising it;

(b) charge the amount of any deficiency or loss against the person by whose default or negligence such deficiency or loss resulted;

(c) charge any sum which could have been, but has not been brought into account against the person failing to account for it.

(d) in every case of disallowance and charge under this section, certify in writing the amount due from the person against whom the charge is made; and

(e) send a copy of such certificate to the Board and to the person concerned within 14 days from the date on which the report referred to in sub-section (1) of section 26 is submitted to the Board.

Section 28. Appeal

(1) Any person from whom an auditor has certified any sum to be due under section 27 may, within one month from the receipt by him of a copy of the certificate, appeal against such order to the Government.

(2) The Government shall, on such appeal, make such order as ³³it thinks fit, after giving the person making the appeal an opportunity of being heard and the decision of the Government on such appeal shall be final.

Section 29. Payment of certified sums

(1) Every sum certified to be due under section 27 from any person shall, within one month from the receipt by such person of a copy of the certificate, and unless within that period he makes an appeal under section 28, be paid by him into the Intermediate and Secondary Education Fund.

(2) The Board may direct that any sum not paid in accordance with the provisions of sub section (1) or, if an appeal has been made under section 28, such sum as the Government may order to be due, shall be recovered-

(a) in the case of a servant of the Government or an officer or other employee of the Board, by deduction from his salary in accordance with such conditions as may be prescribed by regulations, or as a public demand; and

(b) in any other case as a public demand.

(3) The Deputy Commissioner of Dacca or such other Officer as the Government may specify shall, for the purpose of section 4 of the ³⁴ * Public Demands Recovery Act, 1913, be deemed to be the person to whom such demand is payable and he shall pay to the Board any sum recovered by him in respect of any such demand.

Section 30. General conditions of service of the teachers of Intermediate Colleges and Secondary Schools

(1) An employee of a recognised Intermediate College or Secondary School shall be bound by the following general conditions of service, namely:-

(a) he shall not take part in, or subscribe in aid of, or assist in anyway, any political movement, or any activities tending directly or indirectly to excite disaffection against the Government as by law established or to promote feelings of hatred or enmity between different classes of ³⁵Bangladesh citizens, or to disturb the public peace;

(b) he shall not canvass or interfere or use his influence or stand as a candidate in any election to a local body or a legislative body in ³⁶Bangladesh.

(2) Any person, who contravenes any of the conditions of service as stated in sub section (1), shall be liable to disciplinary action including removal from his post by an order of the authority which appointed such person on proceeding initiated against him.

(3) Any person aggrieved by an order of the authority referred to in sub section (2) may appeal to the Chairman who may pass such order on appeal as he thinks fit and such order shall be final.

Section 31. Certain persons to be deemed to be public servants

Every member of the Board and of every Committee constituted under this Ordinance, and every person appointed for carrying out the purposes of this Ordinance shall be deemed to be a public servant within the meaning of section 21 of the ³⁷ * Penal Code.

Section 32. Indemnity

No suit, prosecution, or other legal proceedings shall lie against any person for anything in good faith done or intended to be done under this Ordinance.

Section 33. Validation

No act or proceedings taken under this Ordinance shall be invalid on the ground merely of -

(a) the existence of any vacancy in, or defect in the constitution of, the Board or any Committee constituted under this Ordinance;

(b) any member of the Board having voted on any matter in contravention of the provisions of section 16; or

Section 34. Pension and Provident Fund or Contributory Provident Fund only

(1) The Board shall establish for the benefit of its officers and other employees either Pension and Provident Funds or Contributory Provident Fund only, as it may deem fit in such manner, and subject to such conditions, as may be prescribed by regulations. When a Provident Fund is established, the Government may, by notification, declare that the provisions of the Provident Funds Act, 1925 shall apply to such Funds.

(2) In case the Board establishes a Contributory Provident Fund under sub section (1) all employees of the Board shall subscribe to that Fund a sum equal to 81/3 per cent of his salary every month. The Board shall contribute an equal amount in respect of each subscriber every month.

(3) The terms and conditions of deposit of subscriptions and contributions to the Fund and withdrawals and advances from it shall be such as may be prescribed by regulations.

Section 35. Age of retirement

A permanent employee of the Board shall retire in the afternoon of the day on which he completes the sixtieth year of his age.

Section 36. Gratuity

(1) The Board shall provide for the members of the staff meeting with untimely death or disabled by accident or illness during service, a gratuity equivalent to one month's pay for each completed year of his service under the employment of the Board.

(2) The terms and conditions of gratuity under sub-section (1) shall be such as may be prescribed by regulations.

Members prohibited from entering into contract with the Board

³⁸37. No member of the Board shall enter into any contract with the Board directly or through any other person in connection with the affairs of the Board.

Section 38. Bar against membership of the Board or Committee on the persons with financial interest in the affairs of the Board

No person who has any financial interest in any book prescribed by the Board as a course of study for any examination conducted by the Board or has a financial interest as a partner or otherwise in any firm which publishes, procures or supplies such book, shall be eligible to become a member of the Board or a Committee constituted under this Ordinance and continue as such after having acquired any such interest.

Section 39. Regulations

(1) The Board ³⁹may, with the previous approval of the Government make regulations for the purpose of carrying into effect the provisions of this Ordinance.

(2) In particular and without prejudice to the generality of the power conferred by sub section (1), the Board may make regulations providing for all or any of the following matters, namely-

(i) the powers and duties of the officers of the Board ⁴⁰ *;

(ii) the conduct of the meetings of the Board and of the Committees;

(iii) the grant and withholding of certificates;

(iv) the curricula and the courses of study to be framed and prescribed for such certificates;

(v) for granting or withholding recognition to Intermediate Colleges and Secondary Schools and for withdrawal of such recognition;

(vi) the constitution, powers and duties of the Governing Bodies of non Government Intermediate Colleges and Managing Committees of non-Government Secondary Schools;

(vii) the terms and conditions of service of the teachers of non Government Intermediate Colleges and non Government Secondary Schools;

(viii) the conditions under which candidates shall be admitted to the Examinations of the Board and shall be eligible for certificates;

(ix) the manner and mode of inspection;

(x) the fixing and receiving fees for admission to the examinations of the Board and for other purposes;

(xi) the holding and conduct of all examinations of the Board;

(xii) acquisition, possession and transfer of property by the Board, the conditions of such acquisition, possession and transfer or any other act referred to in sub section (2) of section 3 ⁴¹or, as the case may be, in sub-section (2) of section 3A;

(xiii) manner of appointment of the officers of the Board, other than the Chairman by the Board;

(xiv) manner of appointment of employees of the Board, other than its officers, by the Chairman;

(xv) status, terms and conditions of service including rules for disciplinary action, for grant of leave and for retirement of the officers and staff of the Board;

(xvi) manner of filling up temporary and casual vacancies in the posts of the officers of the Board under section 14;

(xvii) form for showing anticipated income and expenditure of the Board and the period within which the budget estimate shall be forwarded to the Government;

(xviii) the framing of an Accounts Manual or the prescription of the manner and form of keeping accounts of receipts and expenditure of the Board;

(xix) period within which the copy or the audit report together with the observation of the Board shall be forwarded to the Government;

(xx) manner and conditions of benefit from Pension and Provident Fund or Contributory Provident Fund only;

(xxi) terms and conditions of gratuity;

(xxii) travelling allowance and daily allowance of the members for attending meeting of the Board and Committees;

(xxiii) reports, returns and statements to be furnished to the Government under ⁴²sections 10 and 26; and

(xxiv) all other matters which are to be or may be prescribed by regulations.

(3) and (4) [Omitted by section 18 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977).]

(5) Regulations made under this Ordinance shall ordinarily be published in the official Gazette.

Section 40. First Regulations

The regulations set out in the Schedule appended to this Ordinance, shall on the commencement of this Ordinance be the First Regulations of the Board and shall be deemed to have been framed by the Board under section 39.

Section 41. Rules

The Committees appointed by the Board may, subject to the approval of the Board, make rules consistent with this Ordinance and the regulations-

(a) laying down the procedure to be observed at their meetings and the number of members required to form a quorum; and

(b) providing for all matters solely concerning such Committees and not provided for by this Ordinance and the regulations.

Section 42. Transitional provision

(1) From the date of commencement of this Ordinance and till such time as the nominated and appointed members other than the Chairman are not nominated or appointed, the Chairman and the ex officio members shall exercise all the powers and perform all the duties of the Board and its Committees constituted under this Ordinance.

(2) On the nomination and appointment of all the members, the Board shall exercise all powers and perform all duties of the Committees constituted under this Ordinance up to the time the Committees are constituted.

Section 43. Removal of difficulty

If any difficulty arises with respect to the establishment of the Board or in connection with the first meeting of the members of the Board or otherwise giving first effect to the provisions of this Ordinance, the Government may, at any time before the first meeting of the Board, make any order consistent with the provisions of this Ordinance, which appears to ⁴³it to be necessary or expedient for the purpose of removing the difficulty.

Section 44. [Repealed]

[Repeals and saving.- Repealed by section 3 and the Second Schedule of the East Pakistan Repealing and Amending Ordinance, 1966 (East Pakistan Ordinance No. XIII of 1966).]

Section 45. Bar to civil suit

No act done, order passed or proceedings taken by the ⁴⁴President or the Government or the Board or by the Chairman or any other officer of the Board or by any Committee under this Ordinance, shall be called in question in any Court by a suit or otherwise.

Footnotes

1.Throughout this Ordinance, the words “Bangladesh” and “Government” were substituted for the words “East Pakistan” and “Controlling Authority” or “Provincial Government” respectively by section 2 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)

2.The words “East Pakistan” were omitted by section 3 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)

3.The comma and words “, Rajshahi or Chittagong” were substituted for the words “or Rajshahi” by section 4 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)

4.Clause (c) was omitted by section 4 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)

5.The word “technical” was substituted for the word “vocational” by section 4 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)

6.The word “technical” was substituted for the word “vocational” by section 4 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)

7.Clause (i) was substituted by section 4 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)

8.Clause (jj) was inserted by section 4 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)

9.The proviso was omitted by section 5 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)

10.Section 3A was inserted by section 5 of the East Pakistan Intermediate and Secondary Education (Amendment) Ordinance, 1962 (East Pakistan Ordinance No. XVI of 1962)

11.The word “President” was substituted for the words “Controlling Authority” by section 6 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)

12.Clause (ii) was substituted by section 6 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)

13.Clause (iii) was omitted by section 6 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)

14.The word “President” was substituted for the words “Controlling Authority” by section 6 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)

15.The words, brackets and figure “nominated by the Vice-Chancellor concerned under clause (ii)” were substituted for the comma, words, brackets and figures “, if nominated by the Vice Chancellor of the University concerned under clause (ii) or clause (iii)” by section 7 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)

16.Sub-sections (3), (4) and (5) were substituted for former sub-section (3), by section 7 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)

17.Clause (1) was omitted by section 8 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)

19.The words and commas “Government, with the prior approval of the President,” were substituted for the words “Controlling Authority” by section 9 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)

20.The word “it” was substituted for the word “he” by section 9 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)

21.The words “The Government shall” were substituted for the words “He will” by section 9 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)

22.The word “it” was substituted for the word “he” by section 9 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)

23.The words and commas “Government, with the prior approval of the President,” were substituted for the words “Controlling Authority” by section 9 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)

24.The word “President” was substituted for the words “Controlling Authority” by section 10 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)

25.The word “President” was substituted for the words “Controlling Authority” by section 10 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)

26.The word “President” was substituted for the words “Controlling Authority” by section 10 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)

27.The word “President” was substituted for the words “Controlling Authority” by section 10 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)

28.Sub-section (2A) was inserted by section 2 of Intermediate and Secondary Education (Amendment) Act, 2021 (Act No 1 of 2021). (See: Intermediate and Secondary Education (Amendment) Act, 2021)

29.The word “it” was substituted for the word “he” by section 11 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)

30.The word “it” was substituted for the word “he” by section 11 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)

31.Clause (a) was omitted by section 12 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)

32.Sub-section (1a) was inserted by section 7 of the East Pakistan Intermediate and Secondary Education (Amendment) Ordinance, 1962 (East Pakistan Ordinance No. XVI of 1962)

33.The word “it” was substituted for the word “he” by section 13 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)

34.The word “Bengal” was omitted by section 14 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)

35.The word “Bangladesh” was substituted for the word “Pakistan” by section 15 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)

36.The word “Bangladesh” was substituted for the word “Pakistan” by section 15 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)

37.The word “Pakistan” was omitted by section 16 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)

38.Section 37 was substituted by section 17 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)

39.The words and comma “may, with the previous approval of the Government” were substituted for the words “shall have the power to” by section 18 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)

40.The words “other than the Controlling Authority” were omitted by section 18 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)

41.The words, commas, brackets and letter “or, as the case may be, in sub-section (2) of section 3A” were added by section 18 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)

42.The words and figures “sections 10 and 26” were substituted for the word and figure “section 10” by section 18 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)

43.The word “it” was substituted for the word “him” by section 19 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)

44.The words “President or the Government” were substituted for the words “Controlling Authority” by section 20 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)