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:-
(1) This Ordinance may be called the 2 * Engineering and Technological University Ordinance, 1961.
(2) It shall come into force at once.
In this Ordinance, unless there is anything repugnant in the subject or context,-
(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.
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.
The University shall have the following powers, namely:-
(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
(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.
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.
(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.
The following shall be the officers of the University:-
(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-
(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.
(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.
(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.
(2) The pro-Vice-Chancellor shall perform such duties as may be prescribed by the Statutes and University Ordinances.
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.
The following shall be the Authorities of the University:-
(i) the Vice-Chancellor-Chairman,
(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.
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-
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.
The Academic Council shall consist of the following:-
Subject to the other provisions of this Ordinance and the Statutes, the Academic Council shall have the power-
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;
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.
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.
Subject to the provisions of this Ordinance, the Statutes may provide for all or any of the following matters, namely:-
(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.
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:-
(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.
(1) The Authorities of the University may make Regulations not inconsistent with 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.
(1)The University shall have a fund to be called the University Fund and to which shall be credited-
(2) The Government shall, for the purposes of this Ordinance, contribute annually to the University such sum of money as it may determine.
The statement of the accounts of the University shall, once a year, be submitted before the Government for the purpose of annual audit.
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.
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.
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.
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.
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.
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.
The teachers and employees of the University shall neither seek nor contest election of any legislature or local body.
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.
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.