The Engineering and Technological University Ordinance, 1961 (East Pakistan Ordinance)

An Ordinance to establish the Bangladesh University of Engineering and Technology. 1

Ordinance NO. XXXVI OF 1961

21st September, 1961

Sections

An Ordinance to establish the Bangladesh University of Engineering and Technology. ¹ WHEREAS it is expedient to establish a University of Engineering and Technology in Bangladesh to provide facilities for higher education and research work in Engineering and Technology and all their 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 and commencement

(1) This Ordinance may be called the ²* * * Engineering and Technological University Ordinance, 1961.

(2) 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 14;

(b) “Dean” means the Head of a Faculty of the University;

(c) “Statutes”, “University Ordinances” and “Regulations” mean respectively the Statutes, University Ordinances and Regulations made under this Ordinance;

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

(e) “University” means the Bangladesh University of Engineering and Technology established under section 3.

Section 3. Establishment and incorporation

(1) A University of Engineering and Technology shall be established at Dacca 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 11, the first members of the Syndicate and of the Academic Council constituted under section 15 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 University of Engineering and Technology.

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

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 Engineering and Technology and such branches of learning connected with Engineering and Technology as the University may think fit to provide, at degree and post-graduate levels, and to make provisions for research and 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 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, 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 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 such manner as may be 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, Associate Professorship, Assistant Professorship, Lecturership and any other teaching and administrative post required by the University, and to appoint persons to such Professorship, Associate Professorship, Assistant Professorship, Lecturership and post;

(g) to institute and award Fellowships, Scholarships, Medals and Prizes in such manner as may be prescribed by the University Ordinances;

(h) to establish Teaching Departments, Faculties, Institutes and Halls, and to make such arrangements for their maintenance, management and administration as it may deem necessary;

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

(j) 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;

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

(1) to make provisions for research consultation, and advisory and extension services including testing and manufacture, and to enter into such agreement, as it thinks fit, with any person for the purpose; 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. Jurisdiction of the University

(1) The University shall exercise the powers conferred on it by or under this Ordinance within the territorial limits of the campus of the University declared under sub section (1) of section 3; and, 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 Engineering and Technology and other branches of learning connected with Engineering and Technology 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. 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 8. 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 equipments, of any institution or college maintained by 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 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 such inspection and enquiry 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 enquiry.

(4) When 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 9. 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 Comptroller;

(v) the Director of Advisory, Extension and Research Services;

(vi) the Director of Students' Welfare; and

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

Section 10. Powers of the Chancellor

(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, or

(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 Authority concerned 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 confirmation by 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 order as he may consider necessary in the interest 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 11. Appointment of 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 4 years from the date of his appointment and, on the expiry of his term of office, shall be eligible for re appointment.

(3) When the office of the 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 the Vice Chancellor as he may think fit.

Section 12. 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 Ordinances 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 actions 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 prescribed by the Statutes.

(5) The Vice Chancellor shall have the power to create temporary posts and to make appointments thereto 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.

Pro-Vice-Chancellor

⁵12A. (1) The Chancellor may, if he deems fit so to do, appoint a Pro-Vice-Chancellor on such terms and condition 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 Ordinances.

Section 13. 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 14. 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 Committee for Advanced Studies and Research,

(vi) the Selection Board,

(vii) the Finance Committee,

(viii) the Planning and Development Committee, and

(ix) such other authorities as may be prescribed by the Statutes to be the Authorities of the University.

Syndicate

⁶15. The Syndicate shall consist of the following members, namely:-

(i) the Vice-Chancellor-Chairman,

(ii) the Pro-vice-Chancellor,

(iii) the Director General, Secondary and Higher Education,

(iv) the Director General, Technical Education,

(v) two Deans to be nominated by the Chancellor, and

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

Section 16. 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 the Ordinance, the Statutes and the University Ordinances. 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 the funds of the University, and make contracts on behalf of the University;

(c) shall have the power to transfer and accept the transfer of any movable or immovable property on behalf of the University in such manner as may be prescribed by Statutes;

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

(e) may invest any monies 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, may vary such investments and may place on fixed deposits, in any approved Bank, any portion of such monies 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 arrange for and direct the inspection of colleges and Teaching Departments;

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

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

(k) shall, subject to the other provisions of this Ordinance and the Statutes, appoint 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;

(l) may confer and grant degrees and diplomas;

(m) 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

(n) 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 17. The term of office of the members of the Syndicate

The term of office of the nominated members and the quorum for the meetings of the Syndicate shall be such as may be prescribed by the Statutes.

Section 18. Academic Council

The Academic Council shall consist of the following:-

(i) the Vice Chancellor Chairman,

⁷(ia) the Pro-Vice-Chancellor,

(ii) the Deans of the Faculties,

(iii) the Heads of the Teaching Departments,

(iv) the Professors,

(v) the Associate Professors,

(vi) the Director of Advisory, Extension and Research Services,

(vii) the Director of Students' Welfare, and

(viii) 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 the students may be given admission to the various courses of studies and the examinations held by the University;

(d) to propose to the Syndicate schemes for 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 the 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 tenth 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 or Institutes as equivalent to the corresponding examinations of the University; and

(h) to make University Ordinances for the award of Fellowships, Scholarships, Medals and Prizes.

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

The term of office of the nominated members and the quorum for the meetings of the Academic Council shall be such as may 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, Committee for Advanced Studies and Research, Selection Board, 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 examination;

(h) the fees to be charged for the courses of studies 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 colleges; and

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

Section 23. Framing of Statutes

(1) On the commencement of this Ordinance, the Statutes set forth 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 Statutes 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, namely:-

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

(b) equivalence of examinations conducted by other Universities, Boards and Institutions;

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

(e) conduct of examinations;

(f) subjects comprised in a Faculty;

(g) conditions of residence of the students;

⁸(gg) conduct and discipline of the students of the University, and punishment including rustication and expulsion for misconduct and breach of discipline;

(h) condition of admission to the Teaching Departments; and

(i) all other matters which, by this Ordinance, 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 not inconsistent 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, of the business to be transacted at the meetings and for the keeping of records of the proceedings of the meetings.

(3) The Syndicate may direct the amendments, in such 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 and other grants; and

(b) any contribution or grant by the Government.

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

Section 28. Audit of Accounts

The statement of the accounts of the University shall, once a year, be submitted before 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 Statute, 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 referred 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 who, or the 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 unexpired period 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 Funds

The University shall constitute, for the benefit of its 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 any Statute, University Ordinance or Regulation, 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.

Section 34. Members 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 ⁹* * * Penal Code.

Section 35. Prohibition against seeking elections

The teachers and employees of the University shall neither seek nor contest election of 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 of difficulties by the Chancellor 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 orders in writing, direct that such action be taken as he may deem necessary or expedient.

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

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

4.Clause (iia) was inserted by section 2 of Engineering and Technological University (Amendment) Act, 2001 (২০০১ সনের ৩৩ নং আইন).

5.Clause (12A) was inserted by section 3 of Engineering and Technological University (Amendment) Act, 2001 (২০০১ সনের ৩৩ নং আইন).

6.section 15 was substitute by section 4 of Engineering and Technological University (Amendment) Act, 2001 (২০০১ সনের ৩৩ নং আইন).

7.Clause (ia) was inserted by section 5 of Engineering and Technological University (Amendment) Act, 2001 (২০০১ সনের ৩৩ নং আইন).

8.Clause (gg) was inserted by section 4 of the East Pakistan Engineering and Technological University (Amendment) Ordinance, 1962 (East Pakistan Ordinance No. XXVI of 1962)

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