The Technical Education Act, 1967 (East Pakistan Act)
An Act to reorganise, regulate and control Technical Education in Bangladesh and to constitute a Board therefore.1
An Act to reorganise, regulate and control Technical Education in Bangladesh and to constitute a Board therefore.1 WHEREAS it is expedient to reorganise, regulate and control Technical Education in Bangladesh and to constitute a Board therefore in the manner hereinafter appearing; It is hereby enacted as follows:-
Section 1. Short title, extent and commencement
(1) This Act may be called the 2* * * Technical Education Act, 1967.
(2) It extends to the whole of Bangladesh.
(3) It shall come into force at once.
Section 2. Definitions
In this Act, unless there is anything repugnant to the subject or the context, or otherwise requires, the following expressions shall have the meaning hereby respectively assigned to them, that is to say:-
Section 3. Establishment of the Bangladesh Technical Education Board
(1) The Government may, by notification in the official Gazette, establish a Board to be known as the Bangladesh Technical Education Board for carrying out the purpose of this Act.
(2) The Board shall, be a body corporate, shall have perpetual power of succession and a common seal, and shall have 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 Act, and shall by the said name sue and be sued.
Section 4. Constitution of the Board
The Board shall be constituted as follows, namely:-
Ex-officio Members
Nominated Members
(f ) One person to be nominated by the National Council of Technical Education,
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. Terms of office of nominated or appointed membership of the Board
(1) Subject to the provisions of this Act, 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 under section 5, and may, on the expiration of such term, be eligible for re-nomination or re-appointment.
(2) No member appointed or nominated by virtue of his office shall continue to be a member if he ceases to hold that office.
(3) Any member of the Board may resign his membership by a letter addressed to the Chairman:
Provided that the resignation shall not take effect until it is accepted by the Controlling Authority.
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-
(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 Act.
Section 9. Officers of the Board
The following shall be the officers of the Board, namely:-
Section 10. Controlling Authority
(1) The 5President of the People's Republic of Bangladesh shall be the Controlling Authority of the Board. The status of the Controlling Authority in relation to the Board shall be similar to that of the Chancellor in relation to a University.
(2) The Controlling Authority shall appoint the Chairman of the Board.
(3) The Controlling Authority shall have power to cause an inspection to be made by such person or persons, as he may direct, of the offices, activities and funds of, and examinations conducted by, the Board and cause an enquiry to be made in like manner in respect of any matter concerning the Board. He will communicate to the Board the result of such an 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 Controlling Authority 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 Controlling Authority, the Controlling Authority may, after considering any explanation as may be given by the Board, issue such directions as he thinks fit, and the Chairman shall comply with such directions.
(4) Without prejudice to the foregoing provisions of this section the Controlling Authority may, by an order, in writing, annul any proceedings of the Board or any of the Committees if the Controlling Authority is satisfied that such proceedings is not in conformity with this Act:
Provided that before making any such order the Controlling Authority 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 Controlling Authority on such terms and conditions as the Controlling Authority may determine.
(2) The Chairman shall hold office for a term of four years from the date of notification of his appointment and on the expiry of the term of office shall be eligible for re-appointment.
(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 Controlling Authority shall, notwithstanding anything contained in sub-sections (1) and (2), make such arrangements for carrying on the duties 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-
(5) It shall be the duty of the Chairman to ensure that the provisions of this Act, rules and 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 Controlling Authority, or prescribed by rules and 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 as may be prescribed and until regulations are made by the Board, as provided in section 40 of the Act, prescribing the manner of appointment of the officers and other employees of the Board and the status, terms and conditions of their service, all appointments shall be made by the Board with prior approval of the Controlling Authority.
(2) All other employees of the Board shall be appointed by the Chairman in the manner as may be prescribed.
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.
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, shall be filled up in the manner as may be prescribed.
Section 15. Conduct of meeting
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 which he has any personal 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. Board as executive
The Board shall be its own executive.
Section 18. Powers of the Board
(1) Subject to the provisions of this Act, the Board shall have power to organise, regulate, supervise, control and develop Technical Education within the Province.
(2) In particular and without prejudice to the generality of the power conferred by sub-section (1), the Board shall have the power,-
Provided that no recognition from any such educational institutions shall be withheld or withdrawn without hearing the institutions concerned.
Provided that the Chairman shall have the power to create temporary posts for a period not exceeding six months,
(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 Act as it may deem fit, and withdraw any such delegation:
Provided that the power to make any regulation shall not be delegated.
Section 19. Committee of the Board
(1) The Board shall appoint the following Committees, namely:-
(2) The composition, powers and duties of the Committee under sub-section (1) shall be as may be prescribed.
Section 20. Meetings of the Board
(1) The budget meetings 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, 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 Controlling Authority for approval. Thereupon the Controlling Authority will approve the budget estimate as submitted by the Board or he will make such modifications in it as he considers necessary after consulting the Chairman.
Section 22. Constitution of the Bangladesh Technical Education Fund
(1) There shall be constituted a Fund to be called “The Bangladesh Technical Education Fund” to which shall be credited,-
(2) The Fund shall vest in the Board, shall be held by it in trust for the purposes of this Act and shall be administered by it.
(3) All moneys payable to the credit of the Fund shall, forthwith, be deposited into a bank, approved by the Board or into a Government treasury.
Section 23. Application of the Fund
(1) No expenditure shall be incurred from the Fund except for the purposes of this Act and unless such expenditure is provided for in a budget approved by the Controlling Authority under section 21 or is provided for by reappropriation by the Board.
(2) Subject to the provisions of sub-section (1), the Fund shall be applied to-
Section 24. Accounts
The Board shall keep accounts of all its receipts and expenditure in the manner and form as may be prescribed.
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 its officers to afford to the auditor every facility for 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 to be prescribed, in this behalf 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-
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 Controlling Authority.
(2) The Controlling Authority shall, on such appeal, make such order as he thinks fit, after giving the person making the appeal opportunity of being heard and the decision of the Controlling Authority on such appeal shall be final.
Section 29. Payment of certified sum
(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 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 Controlling Authority may order to be due, shall be recovered,-
Section 30. General conditions of service of the teachers
(1) An employee of a recognised institution offering Technical Education Course shall be bound by the following general condition of service, namely:-
(2) Any person, who contravenes any of the conditions of service, as specified in sub-section (1), shall be liable to disciplinary action including removal from his service 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 prefer an appeal to the Chairman who may pass such order on such 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 Act, and every person appointed for carrying out the purposes of this Act, shall be deemed to be a public servant within the meaning of section 21 of the 8* * * Penal Code, 1860.
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 Act.
Section 33. Validation
No act done or proceedings taken, under this Act shall be invalid on the ground, merely, of-
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 condition, as may be prescribed. When a Provident Fund is established, the Government may, by notification in the official Gazette, declare that the provisions of the Provident Funds Act, 1925, shall apply mutatis mutandis to such Funds.
(2) In case the Board establishes Contributory Provident Fund under sub-section (1) all employees of the Board shall subscribe to that Fund a sum equal to 10 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 subscription and contributions to the Fund referred to in sub-section (2) and withdrawals and advances from it shall be such as may be prescribed.
Section 35. Age of Retirement
A permanent employee of the Board shall retire in the afternoon of the date on which he completes the fifty-fifth year of his age unless his services are extended in the manner as may be prescribed.
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.
Section 37. Members prohibited from deriving monetary gains
No member of the Board shall draw any fee or other remuneration in any capacity whatever from the funds of the Board or enter into any contract with the Board directly or through any other person in connection with the affairs of the Board:
Provided that the provisions of this section shall not debar the Chairman of the Board from receiving his emoluments in accordance with the terms and conditions of his appointment.
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, produces or supplies any such book, shall be eligible to become a member of the Board or a Committee or a Sub-Committee constituted under this Act and shall continue as such after having acquired any such interest.
Section 39. Power of Government to make rules
The Government may make rules for the purposes of carrying into effect the provisions of this Act.
Section 40. Board’s power to make regulations
(1) The Board may, with previous approval of the Government, make regulations not inconsistent with the provisions of this Act or rules made thereunder, for carrying out the purposes of this Act.
(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:-
(3) Regulations made under this section shall be published in the official Gazette.
Section 41. Transitional Provision
(1) From the date of commencement of this Act 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 Act.
(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 Act up to the time the Committees are constituted.
Section 42. Removal of difficulties
If any difficulty arises with respect to the establishment of the Board or in connection with the first meeting of the members to the provisions of this Act, the Controlling Authority may, at any time, before the first meeting of the Board, make any order consistent with the provisions of this Act, which appears to him to be necessary or expedient for the purpose of removing the difficulty.
Section 43. Bar to Civil suit
No act done, order passed or proceedings taken by the Controlling Authority or the Board or by the Chairman or any other officer of the Board or by any Committee under this Act, shall be called in question in any Court by a suit or otherwise.
Section 44. Type, duration and standard of courses and the Diploma and Certificate to be awarded by the Board
The type, duration and standard of courses to be provided for, and the Diplomas and Certificates to be awarded, by the Board shall be as indicated in the Schedule appended to this Act.