The Rajshahi University Act, 1973

An Act to repeal the Rajshahi University Ordinance, 1961 and provide for reconstitution and reorganisation of the University of Rajshahi.

Act No. ACT NO. XXVI OF 1973

Date: 25th September, 1973

An Act to repeal the Rajshahi University Ordinance, 1961 and provide for reconstitution and reorganisation of the University of Rajshahi. WHEREAS it is expedient to reconstitute and reorganise the University of Rajshahi for the purpose of improving the teaching and research provided thereby and the administration thereof; It is hereby enacted as follows:-

Section 1. Short title, and commencement

(1) This Act may be called the Rajshahi University Act, 1973.

(2) It shall come into force at once and shall be deemed to have taken effect on the 16th day of December, 1972.

Section 2. Definitions

In this Act, and in all Statutes made hereunder, unless there is anything repugnant in the subject or context,-

(a) “Academic Council” means the Academic Council of the University constituted under this Act;

(b) “affiliated college” means an institution recognised by, and affiliated to the University in accordance with the provisions of this Act, the Statutes and the University Ordinances;

(d) “college teacher” means a Professor, a Lecturer or any other person belonging to a college appointed or recognised in accordance with the Statutes for imparting instruction at a constituent college or any professional, technical or any other college affiliated to the University;

(e) “Commission” means the University Grants Commission of Bangladesh constituted under the University Grants Commission of Bangladesh Order, 1973(P.O. No. 10 of 1973);

(f) “constituent college” means a college recognised as such by the University;

(g) “Hall” means a unit of residence for students of the University provided or maintained by the University for the corporate life and extra-curricular instructions of its students;

(h) “Hostel” means a unit of residence for the students of the University provided otherwise than by the University, and not maintained by the University but approved and licensed by the University in accordance with the provisions of this Act;

(i) “provost” means the head of a Hall;

(j) “Registered Graduate” means a graduate registered under the provisions of this Act;

(k) “Senate” means the Senate of the University constituted under this Act;

(l) “Statutes”, “University Ordinances” and “Regulations” mean respectively the Statutes, Ordinances and Regulations of the University for the time being in force;

(m) “Syndicate” means the Syndicate of the University constituted under this Act;

(n) “teachers” include Professors, Associate Professors, Assistant Professors and Lecturers of the University and any other persons declared to be teacher by the University;

(o) “University” means the University of Rajshahi;

(p) “Warden” means the head of a Hostel; and

(q) “year” means academic year beginning on the 1st day of July.

Section 3. The University

(1) The University of Rajshahi shall be reconstituted at Rajshahi in accordance with the provisions of this Act.

(2) The Chancellor and Vice-Chancellor of the University and the members of the Senate, the Syndicate and the Academic Council and all persons who may hereafter become such officers or members, so long as they continue to hold such office or membership, are hereby constituted a body corporate by the name of the University of Rajshahi.

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

(4) The University shall be competent to acquire and hold property, both movable and immovable, which have become vested in or been acquired by it for the purpose of the University and to contract and to do all other things necessary for the purpose of this Act.

Section 4. Powers of the University

The University shall have the powers-

(a) to provide for instruction in such branches of learning as the University may think fit, and to make provision for research and for the advancement and dissemination of knowledge;

(b) to affiliate and disaffiliate colleges;

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

(i) shall have pursued a course of study provided or prescribed by the University, or

(ii) are teachers in educational institutions, under conditions laid down in the University Ordinances and Regulations, and shall have passed the examinations of the University under like conditions;

(iii) have carried on private study under conditions laid down in the Statutes;

(e) to confer honorary degrees or other distinctions on persons in the manner laid down in the Statutes;

(f) to grant such diplomas to, and to provide such lectures and instruction for, persons not being students of the University, as the University may determine;

(g) to inspect affiliated or constituent colleges and hostels attached to them;

(h) to co-operate with other Universities and authorities in such manner and for such purposes as the University may determine;

(i) to institute Professorships, Associate Professorships, Assistant Professorships, Lecturerships, and any other teaching posts required by the University, and to appoint persons to such Professorships, Associate Professorships, Assistant Professorships, Lecturerships and such other teaching posts;

(j) to institute and award fellowships, scholarships, exhibitions and prizes in accordance with the Statutes and the Regulations;

(k) to set up and maintain academic museums, schools and institutes for the development of teaching and research;

(l) to institute and maintain Halls for the residence of the students of the University and to approve and license Hostels maintained by other persons for the residence of such students;

(m) to demand and receive such fees as may be prescribed by the University Ordinances;

(n) to supervise and control the residence and discipline of the students of the University, to regulate their extra-curricular activities and to make arrangements for promoting their health; and

(o) to do all such other acts and things, whether incidental to the powers aforesaid or not, as may be requisite in order to further the objectives of the University as a teaching and examining body and to cultivate and promote arts, science and other branches of learning.

Section 5. Jurisdiction of the University

(1) The University shall exercise the powers conferred on it by or under this Act within the territorial limits of Rajshahi Division and Khulna Division excluding Bakerganj and Patuakhali Districts and in respect of the institutions lying therein and imparting instruction and training above the Intermediate stage:

Provided that the Government may by law modify the extent and scope of the exercise of the aforesaid powers of the University with regard to such territorial limits or institutions:

Provided further that nothing in this section shall apply to any agricultural or technical institutions established with the sanction of the Government.

(2) No educational institution imparting instruction above the Intermediate stage situated within the territorial limits of the University shall remain affiliated to, or be admitted to the privileges of, any other University established by law:

Provided that nothing in this section shall preclude the Government from setting up other University or Universities, or special Boards for the conduct of examinations and affiliating educational institutions in regard to such courses of instruction and training as it may deem fit:

Provided further that the University shall have power to frame Statutes for constituting one Government body for both the Degree and Intermediate sections of Colleges which have not been bifurcated.

Section 6. University open to all classes, castes and creeds

The University shall be open to all persons of either sex and of whatever religion, race, creed, class or colour.

Section 7. Teaching of the University

(1) All recognised teaching in connection with the examinations of the University shall be conducted by the University or constituent or affiliated colleges, or schools or institutes and shall include lectures, work in the laboratories and workshops; and the teaching shall be conducted by teachers recognised in such manner as may be provided by the University Ordinances.

(2) The Authorities responsible for organising such teaching shall be prescribed by the Statutes.

(3) The courses and curricula shall be prescribed by the University Ordinances and the Regulations.

(4) Recognised teaching shall be supplemented by tutorial instruction given in accordance with the conditions as may be provided by the University Ordinances and Regulations.

(5) Teaching may be organised on a co-operative basis under the aegis of the University for the colleges among themselves or between the colleges and the University.

Section 8. Visitation

(1) The Commission shall have the right to cause an inspection to be made by such person or persons, as it may direct, of the University, its buildings, laboratories and equipment, and of any institutions associated with the University, and also of the examinations, teaching and other work conducted or done by the University and to cause an inquiry to be made in like manner in respect of any matter connected with the University.

(2) The Commission shall in every case give notice to the University of its intention to cause an inspection or inquiry to be made and the University shall be entitled to be represented thereat.

(3) The Commission shall communicate to the Syndicate its views with reference to the results of any such inspection or inquiry, and shall, after ascertaining the opinion of the Syndicate thereon, advise the University upon the action to be taken in that behalf.

(4) The Syndicate shall report to the Commission the action, if any, which is proposed to be taken or has been taken upon the results of its inspection or enquiry.

Section 9. Officers of the University

The following shall be the officers of the University:-

(a) the Chancellor;

(b) the Vice-Chancellor;

(d) the Treasurer;

(e) the Deans;

(f) the Registrar;

(g) the Librarian;

(h) the Inspector of Colleges;

(i) the Director of Students Counselling and Guidance;

(j) the Provosts;

(k) the Proctor;

¹(l) the Director (Planning and Development);

(m) the University Engineer;

(n) the Deputy Registrar (Academic);

(o) the Deputy Registrar (Administration);

(p) the Controller of Examinations;

(q) the Director of Accounts;

(r) the Director of Physical Education; and

(s) such other officers as may be declared by the Statutes to be officers of the University.

Section 10. The Chancellor

(1) The President of the People's Republic of Bangladesh shall be the Chancellor of the University and shall preside at the convocation of the University for award of academic and honorary degrees, and in his absence the Vice-Chancellor shall preside at such convocations.

(2) The Chancellor shall have such powers as may be conferred on him by this Act or the Statutes.

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

²(4) The President may, if he thinks fit, direct that the powers of the Chancellor under this Act shall be exercised by such person as he may authorise in this behalf; and the powers exercised by the person so authorised shall be expressed to have been exercised in the name of the Chancellor.

Section 11. The Vice-Chancellor

(1) The Vice-Chancellor shall be appointed by the Chancellor for a period of four years from a panel of three persons to be nominated by the Senate on such terms and conditions as may be determined by the Chancellor and shall be eligible for re-appointment for a further period of four years.

³(2) Where any temporary vacancy in the office of the Vice-Chancellor occurs by reason of leave, illness, resignation or any other cause, the Chancellor shall make such arrangements for carrying on duties of the office of the Vice-Chancellor as he may think fit.

Section 12. Powers and duties of the Vice-Chancellor

(1) The Vice-Chancellor, shall be a whole-time principal academic and executive officer of the University and shall be an ex-officio member and the Chairman of the Senate, the Syndicate, the Academic Council, the Selection Boards, the Committee for Advanced Studies and the Planning and Development Committee. He shall be entitled to be present and to speak at any meeting of any Authority or other body of the University, but shall not be entitled to vote thereat, unless he is a member of the Authority or body concerned.

(2) It shall be the duty of the Vice-Chancellor to see that this Act, the Statutes and the University Ordinances are faithfully observed, and he shall have all powers necessary for this purpose.

(3) The Vice-Chancellor shall have power to convene meetings of the Senate, the Syndicate and the Academic Council.

(4) The Vice-Chancellor shall have the right to visit colleges and other institutions affiliated to the University.

(5) The Vice-Chancellor shall have the power to appoint, on a purely temporary basis, ordinarily for a period of not more than six months, officers (excepting the Pro-Vice-Chancellor and the Treasurer), teachers and administrative and subordinate staff and report such action to the Syndicate.

(6) The Vice-Chancellor may, with the approval of the Syndicate, delegate such of his powers and functions as he may consider necessary to such officer or officers of the University as he may deem fit.

(7) In any 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, within seven days thereafter, report his action to the officer, Authority or other body who or which, in the ordinary course, would have dealt with the matter.

(8) The Vice-Chancellor shall give effect to the orders of the Syndicate regarding the appointment, dismissal and suspension of the officers and teachers of the University, and shall exercise general control over the members of the University. He shall be responsible for the discipline of the University in accordance with this Act, the Statutes and University Ordinances.

(9) The Vice-Chancellor shall exercise such other powers as may be prescribed by the Statutes, the University Ordinances and Regulations.

(10) In case of the Vice-Chancellor not agreeing with the resolution of any Authority or body of the University, he shall have the power to withhold implementation of the resolution and refer it back to the Authority or body concerned with his opinion thereon for re-consideration in its next regular meeting. If in the process of re-consideration the Authority or body concerned does not agree with the Vice-Chancellor, the decision of the Syndicate thereon shall be final.

Pro-Vice-Chancellor

⁴13. (1) The Chancellor may, if he deems fit so to do, appoint ⁵one or more Pro-Vice-Chancellors on such terms and conditions and for such period as he may determine.

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

Section 14. The Treasurer

(1) The Treasurer shall be an honorary officer and shall be appointed by the Chancellor on such terms and conditions and for such period, and shall receive such honorarium from the funds of the University, as the Chancellor may determine.

(2) Where any temporary vacancy in the office of the Treasurer occurs by reason of leave, illness or any other cause, the Syndicate shall forthwith report the same to the Chancellor who shall make such arrangements for carrying on the office of the Treasurer as he may think fit.

(3) The Treasurer shall exercise general supervision over the funds of the University, and shall advise in regard to its financial policy.

(4) The Treasurer shall be an ex-officio member of the Syndicate and shall, subject to the control of the Syndicate, manage the property and investments of the University. He shall be responsible for the presentation of the annual budget estimates and statement of accounts.

(5) Subject to the powers of the Syndicate, the Treasurer shall be responsible for seeing that all moneys are expended on the purpose for which they are granted or allotted.

(6) All contracts shall be signed by the Treasurer on behalf of the University.

(7) The Treasurer shall exercise such other powers as may be prescribed by the Statutes and the University Ordinances.

Section 15. The Registrar

The Registrar shall act as Secretary of the Senate, the Syndicate and the Academic Council. He shall maintain a register of Registered Graduates in accordance with the Statutes and shall exercise such other powers as may be prescribed by the Statutes and the University Ordinances.

Section 16. The Inspector of Colleges

The Inspector of Colleges shall perform such duties as may be prescribed by the Statutes and the University Ordinances.

Section 17. The Controller of Examinations

The Controller of Examinations shall be responsible for all matters connected with the conduct of examinations and shall perform such other duties as may be prescribed by the Statutes and the University Ordinances.

Section 18. Powers and duties of other officers

The powers and duties of officers of the University other than the Chancellor, the Vice-Chancellor and the Treasurer shall be prescribed by the Statutes and the University Ordinances.

Section 19. Authorities of the University

The following shall be the Authorities of the University:-

(a) the Senate;

(b) the Syndicate;

(d) the Faculties;

(e) the Departments;

(f) the Committees of Courses;

(g) the Boards of Advanced Studies;

(h) the Finance Committee;

(i) the Planning and Development Committee;

(j) the Selection Boards; and

(k) such other Authorities as may be declared by the Statutes to be Authorities of the University.

Section 20. The Senate

(1) The Senate shall consist of the following persons:-

(a) the Vice-Chancellor;

⁶(b) the Pro-Vice-Chancellor or, if there is more than one, all the Pro-Vice-Chancellors;

(d) five Government officials to be nominated by the Government;

(e) five Members of Parliament to be nominated by the Speaker;

(f) five distinguished educationists to be nominated by the Chancellor;

(g) five representatives of research bodies to be nominated by the Syndicate;

(h) five Principals of colleges to be nominated by the Academic Council;

(i) ten teachers of colleges to be nominated by the Academic Council;

(j) the Chairman of the Boards of Intermediate and Secondary Education within the territorial limits of the University;

(k) twenty-five representatives of the Registered Graduates to be elected by such graduates from amongst themselves;

(l) thirty-three representatives of the teachers of the University to be elected in a special meeting by such teachers; and

(m) five representatives of the students to be elected by students of the University.

(2) The members of the Senate, other than the ex-officio members and the student members, shall hold office for a period of three years and the student members shall hold office for a period of one year. The members shall continue in office till their successors having been elected, nominated or appointed, enter upon the office:

Provided that the Members of Parliament, the Government officials, the Principals of Colleges, the College teachers, Registered Graduates, teachers of the University and representatives of research bodies shall hold office so long as they continue to be a Member of Parliament, Government official, Principal of College, College teacher, Registered Graduate, teacher of the University or associated with any research body:

Provided further that the student members shall lose membership if they cease to be students of the University.

(3) The election of members of the Senate shall be held in such manner as may be prescribed by the Statutes.

Section 21. Meeting

(1) The Senate shall, on a date to be fixed by the Vice-Chancellor, meet at least once in a year at a meeting to be called the annual meeting of the Senate.

(2) The Vice-Chancellor may, whenever he thinks fit, and shall, upon a requisition in writing signed by not less than thirty members of the Senate, convene a special meeting of the Senate.

Section 22. Powers and duties of the Senate

Subject to the provisions of this Act, the Senate shall-

(a) amend and ratify the Statutes on the proposals of the Syndicate;

(b) consider and pass resolutions on the annual report, the annual accounts and the financial estimates presented by the Syndicate; and

(c) exercise such other powers and perform such other duties as may be conferred or imposed upon it by this Act or the Statutes.

Section 23. The Syndicate

(1) The Syndicate shall consist of the following persons:-

(a) the Vice-Chancellor;

⁷(b) the Pro-Vice-Chancellor or, if there is more than one, all the Pro-Vice-Chancellors;

(d) six teachers of the University to be elected by such teachers from among themselves;

(e) two Principals of Colleges located within the territorial limits of the University to be nominated by the Academic Council;

(f) two representatives of the Senate, one being a Registered Graduate and the other an educationist, to be nominated by the Senate;

(g) one distinguished citizen to be nominated by the Senate from outside its membership;

(h) two persons to be nominated by the Chancellor; and

(i) one Government official, not below the rank of a Secretary, to be nominated by the Government.

(2) The elections of members of the Syndicate shall be held in such manner as may be prescribed by the Statutes:

Provided that the teachers of the University to be elected under clause (d) of sub-section (1), one shall be elected from each of the following categories, namely:

(i) Deans;

(ii) Provosts;

(iii) Professors;

(iv) Associate Professors;

(v) Assistant Professors; and

(vi) Lecturers.

(3) The members of the Syndicate other than ex-officio members, shall hold office for a term of two years but shall continue in office till their successors having been elected or nominated enter upon the office:

Provided that the teachers of the University, Principals of Colleges, representatives of the Senate and Government nominee shall hold office so long as they continue to be such teachers, Principals, members and official.

Section 24. Powers and duties of the Syndicate

(1) The Syndicate shall be the Chief Executive Body of the University, and, subject to the provisions of this Act and the powers conferred on the Vice-Chancellor, the Syndicate, shall have the general management and superintendence over the affairs, concerns and properties of the University and shall see that the provisions of this Act, Statutes, University Ordinances and Regulations, for the time being in force, are observed.

(2) In particular and without prejudice to the generality of powers to be exercised under sub-section (1) the Syndicate shall-

(a) hold, control and administer the property and funds of the University and, for these purposes, obtain advice, on matters of finance from Finance Committee;

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

(c) lay before the Commission annually a full statement of the financial requirements of the University, together with a full statement of all the bequests received by the University;

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

(e) appoint, subject to the provisions of this Act and the Statutes, officers other than the Vice-Chancellor, the Pro-Vice-Chancellor and the Treasurer, teachers, clerical staff and other employees of the University, define their duties and conditions of service and provide for the filling of temporary vacancies in their posts;

(f) affiliate or disaffiliate, subject to the Statutes, a college or institute and approve or withdraw approval of a hostel not maintained by the University;

(g) accept, on behalf of the University, bequests, donations and transfer of any property, both movable or immovable;

(h) arrange for the holding of, and publish the results of, the University Examinations;

(i) regulate and determine, subject to the powers conferred by this Act on the Vice-Chancellor, all matters concerning the University in accordance with this Act, the Statutes and the University Ordinances;

(j) arrange for, and direct the inspection of all affiliated colleges and hostels;

(k) make, amend or repeal the Statutes;

(l) frame University Ordinances consistent with the provisions of this Act and the Statutes;

(m) consider and pass resolutions on the Annual Report, the Annual Accounts, the Finance Estimates;

(n) Institute Professorships, Associate Professorships, Assistant Professorships, Lecturerships or other teaching and research posts in accordance with the Statutes and recommendations of the Academic Council;

(o) abolish or suspend any Professorship, Associate Professorship, Assistant Professorship or Lecturership or other teaching and research posts in accordance with the Statutes and recommendations of the Academic Council;

(p) manage and regulate the finances, accounts, investments, property and all administrative affairs whatsoever of the University and, for that purpose, appoint such agents as it may think fit;

(q) provide for buildings, premises, furniture, apparatus, equipment and other means needed for carrying on the work of the University;

(r) after report from the Finance Committee, enter into, modify, carryout, confirm and cancel contracts on behalf of the University;

(s) invest any money belonging to the University, including any unapplied income, in any of the securities described in section 20 of the Trust Act, 1882 (II of 1882) or in the purchase of immovable property in Bangladesh with the like power of varying such investments or to place on fixed deposit in any bank approved, in this behalf, by the Government any portion of such money not required for immediate expenditure; and

(t) exercise such other powers and perform such other duties as may be conferred or imposed on it by the Statutes.

Section 25. Academic Council

The Academic Council shall be the academic body of the University and shall, subject to the provisions of this Act, the Statutes and the University Ordinances, have the control and superintendence over, and be responsible for, the maintenance of standards of instruction, education and examination within the University, and shall exercise such other powers and perform such other duties as may be conferred upon it by the Statutes. It shall have the right to advise the Syndicate regarding affiliation to, or disaffiliation of, colleges and on all academic matters.

Section 26. Constitution of the Academic Council

(1) The Academic Council shall consist of the following persons-

Ex-officio members:

(a) the Vice-Chancellor;

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

(d) the Professors and the Chairmen of Departments;

(e) the Directors of the University Institutes;

(f) the Librarian of the University;

Nominated members:

(g) ten Principals of colleges to be nominated by the Chancellor;

(h) not more than ten persons, to be nominated by the Chancellor, so as to make the Academic Council representative of the various educational interests;

Elected members:

(i) three Associate Professors and three teachers other than Associate Professors of the University to be elected by the teachers themselves.

(2) Members other than ex-officio members shall hold office for a period of two years and shall continue in office until their successors having been nominated or elected enter upon the office:

Provided that the Principals of colleges, Associate Professors, Assistant Professors or Lecturers nominated or elected as such shall hold office so long as they continue to be such Principals of colleges, Associate Professors, Assistant Professors or Lecturers.

Section 27. Powers and duties of the Academic Council

(1) The Academic Council shall, subject to the provisions of this Act and Statutes, and the powers conferred on the Vice-Chancellor and the Syndicate, have power to make regulations prescribing the courses of study and curricula, and laying down proper standards of instruction, research and examinations.

(2) Subject to the powers conferred on the Vice-Chancellor and the Syndicate, the Academic Council shall have the following powers, namely:-

(a) to call for reports from persons engaged in research and to make recommendations to the Syndicate thereon;

(b) to make regulations for the encouragement of co-operation and reciprocity among colleges with a view to promoting academic life;

(d) to propose to the Syndicate schemes for the constitution of the University Departments and Committees of courses;

(e) to deal with University teaching and to make proposals for the initiation of fresh academic developments;

(f) to prescribe, subject to the approval of the Syndicate, and upon the recommendations of the Committees of Courses, the Courses of Reading, the Syllabi and the outline of texts in each paper for all the examinations:

Provided that the Academic Council shall have power only to accept, reject, or refer back, but not to amend the recommendations of the Committees of Courses:

Provided further that in the event of differences of opinion between the Academic Council and the Committee of Courses after the first reference, the opinions of both the bodies shall be placed before the Syndicate for decision;

(g) to approve or reject any subject proposed for a thesis by a candidate for the degree of Doctor in any subject after consideration of the report of the Board of Advanced Studies:

Provided that in the event of difference of opinion between the Academic Council and the Board of Advanced Studies after the first reference, the opinions of both the bodies shall be placed before the Syndicate for decision;

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

(i) to advise upon the proposals referred to it on new developments in teaching and research in the University by the Planning and Development Committee;

(j) to approve, reject or refer back Regulations regarding use of University Library proposed by the Library Committee:

Provided that Academic Council shall not have power to amend the proposal of the Library Committee:

Provided further that in the event of difference of opinion between the Academic Council and the Library Committee after the first reference, the opinion of both the bodies shall be placed before the Syndicate for decision;

(k) to propose Academic Ordinances to the Syndicate for the award of studentships, scholarships, exhibitions, medals, prizes; and

(l) to make recommendations for the promotion of research within the University and to advise the Syndicate on such other matters of academic interests, as may be referred to them.

Section 28. The Faculty

(1) The University may include the Faculties of Arts, Science, Law, Commerce, Medicine, Education, Engineering and may divide or combine existing Faculties and create new Faculties in such manner as may be prescribed by the Statutes.

(2) Each Faculty shall, subject to the control of the Academic Council have charge of the teaching and the courses of study and research work in such subject as may be assigned to such Faculty by the University Ordinances.

(3) There shall be a Dean of each Faculty who shall be responsible for the due observance of the Statutes, University Ordinances and Regulations relating to the Faculty and he shall receive in respect of his duties as Dean such additional remuneration, if any, as may be fixed by the Syndicate.

(4) The Dean of each Faculty shall be elected from among the Professors and Associate Professors by all teachers of the Departments belonging to the Faculty and shall hold office for two years.

(5) The constitution, powers and functions of Faculties shall be prescribed by the Statutes and the University Ordinances.

Section 29. Department

The University Departments shall consist of the teachers of the subjects taught at the University. One of the senior teachers of the Department not below the rank of Assistant Professor shall be appointed as the Chairman of the Department in such manner as may be prescribed by the Statutes and the University Ordinances.

Section 30. Committee of Courses

For each subject or group of subjects there shall be a Committee of Courses as may be prescribed by the Statutes.

Section 31. Boards of Advanced Studies

There shall be Boards of Advanced Studies, for organising post-graduate studies in the University, which shall be constituted in such manner as may be prescribed by the Statutes.

Section 32. Finance Committee

(1) The Finance Committee shall consist of-

(a) Vice-Chancellor;

⁹(aa) the Pro-Vice-Chancellor, or if there is more than one, the Pro-Vice-Chancellor to be nominated by the Chancellor;

(b) the Treasurer;

(d) one Dean of Faculty to be nominated by the Academic Council;

(e) one teacher of the University to be elected by the teachers themselves;

(f) one person to be nominated by the Senate; and

(g) two experts in the field of finance to be nominated by the Syndicate.

(2) The Treasurer of the University shall be the Chairman of the Finance Committee.

(3) The Director of Accounts shall be Secretary of the Finance Committee.

(4) An elected or nominated member shall hold office for a period of three years and shall continue in office until their successors having been elected or nominated enter upon the office.

(5) The Finance Committee shall-

(a) supervise the income and expenditure of the University;

(b) advise the Syndicate on all matters relating to accounts, property and funds of the University;

Section 33. Planning and Development Committee

(1) There shall be a Planning and Development Committee for consideration of the plans and for organization and development and for examination of the budget proposals.

(2) The constitution and functions of the Planning and Development Committee shall be such as may be prescribed by the Statutes.

Section 34. Selection Boards

(1) There shall be Selection Boards for recommending the appointments of Professors, Associate Professors, Assistant Professors, Lecturers and other teachers of the University in various subjects.

(2) The constitution and functions of the Selection Boards shall be such as may be prescribed by the Statutes.

Section 35. Other Authorities of the University

The constitution, powers and duties of other Authorities declared by the Statutes to be Authorities of the University shall be the prescribed by the Statutes and the University Ordinances.

Section 36. University Boards

The University shall set up a Discipline Board and such other Boards as may be prescribed by the Statutes.

Section 37. Constitution etc. of Board

The constitution, powers and duties of the Discipline Board and of all other Boards of the University shall be prescribed by the University Ordinances.

Section 38. Statutes

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

(a) the conferment of honorary degrees;

(b) the institution of Fellowships, Scholarships, Exhibitions and prizes;

(d) the constitutions, powers and duties of the Senate, the Syndicate, the Academic Council, the Faculties and other bodies;

(e) Setting up and maintenance of academic museums, schools and institutes for the development of teaching and research and administration and management thereof;

(f) the institution and maintenance of Halls and the management of Hostels;

(g) the mode of appointment of Professors, Associate Professors, Assistant Professors, Lecturers and Fellows of the University;

(h) the constitution of a pension or provident fund for the benefit of officers, teachers, clerical staff and other employees of the University;

(i) the constitution, powers and duties of the Governing Bodies of the affiliated colleges;

(j) the maintenance of a register of Registered Graduates; and

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

Section 39. Framing of Statutes

(1) The First and Second Statutes of the University have been set-forth in the Schedule.

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

(3) All Statutes, as made by the Syndicate, shall be submitted to Senate for ratification.

(4) The Senate may, on receipt of the proposal of Statutes, return it to the Syndicate with the suggestion that the Statutes or a particular provision of the Statutes be reconsidered and that any amendments specified in the suggestion be considered but if the Syndicate again submits the proposal of Statutes with or without the suggested amendments to the Senate, it shall be deemed to have been ratified unless rejected by the two-thirds of the total number of members of the Senate:

Provided that the Statutes relating to the service conditions of teachers, officers and other employees of the University shall be presented to the Senate but shall not require its ratification.

(5) A Statute proposed by the Syndicate shall have no validity until it has been ratified or deemed to have been ratified by the Senate.

(6) Save as otherwise provided the Syndicate shall not propose any Statute affecting the status, powers or constitution of any Authority of the University until such Authority has been given an opportunity of expressing an opinion upon the proposal. Any opinion so expressed shall be in writing and shall be considered by the Syndicate and shall be submitted to the Senate together with the draft of the proposed Statutes.

Section 40. University Ordinances

Subject to the provision of this Act and the Statutes, the University Ordinances may provide for all or any of the following matters, namely:-

(a) the courses of study to be laid down for all degrees, diplomas and certificates of the University;

(b) the manner in which lecturing, work in the laboratories or workshops and other teaching shall be conducted;

(d) the conditions under which students shall be admitted to the degree, diploma or other courses and to the examinations of the University, and shall be eligible for degree, diplomas and certificates;

(e) the admission of students to the University;

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

(g) the conditions of residence of the students of the University, the levying of fees for residence in Halls and the licensing of Hostels;

(h) the fees to be charged for courses of study in the University and for admission to the examinations, degrees and diplomas of the University;

(i) the formation of teaching Departments in the Faculties;

(j) the constitution, powers and duties of the Boards of the University;

(k) the conduct of examinations; and

(l) all matters which by this Act or the Statutes are to be or may be provided for by the University Ordinances.

Section 41. Framing of University Ordinances

(1) The University Ordinances shall be made by the Syndicate:

Provided that no University Ordinance shall be made-

(a) affecting the admission of students or prescribing examinations to be recognised as equivalent to the University examinations or the further qualifications mentioned in sub-section (2) of section 46 for admission to the Degree Course of the University, unless a draft of the same has been proposed by the Academic Council, or

(b) affecting the conduct or standard of examinations or any course of study, unless a draft of such University Ordinance has been proposed by the Academic Council in accordance with a proposal of the Faculty concerned.

(2) The Syndicate shall not have power to amend any draft proposed by the Academic Council under sub-section (1), but may reject it or return it to the Academic Council for reconsideration either in whole or in part together with any amendments which the Syndicate may suggest.

(3) Where the Syndicate has rejected the draft of a University Ordinance proposed by the Academic Council, the Academic Council may submit the same draft to the Syndicate on the expiry of six months from the date it is first proposed.

Section 42. Regulations

(1) The Authorities and the Boards of the University may make Regulations consistent with this Act, the Statutes, and the University Ordinances-

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

(b) providing for all matters which by this Act, the Statutes or the University Ordinances are to be prescribed by Regulations; and

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

(2) Every Authority of the University shall make Regulations providing for the giving of notice to the members of such Authority of the dates of meetings and of the business to be considered at meetings, and for the keeping of a record of the proceedings of such meetings.

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

Provided that any Authority or Board of the University which is dissatisfied with any such direction may appeal to the Chancellor whose decision in the matter shall be final.

Section 43. Residence

Every student of the University shall reside at such places and under such conditions as may be prescribed by the Statutes and the University Ordinances.

Section 44. Halls

(1) The Halls of the University shall be such as may be prescribed by the Statutes.

(2) The Provosts, House Tutors and other staff of the Hall shall be appointed in the manner prescribed by the University Ordinances.

Section 45. Hostels

(1) The Hostels shall be such as may be approved and licensed by the Syndicate subject to such general or special conditions as may be prescribed by the University Ordinances.

(2) The Wardens and Superintending Staff of Hostels shall be appointed in the manner prescribed by the Statutes.

(3) The conditions of residence in Hostels shall be prescribed by the University Ordinances and every Hostel shall be subject to inspection by any member of the Discipline Board authorised in this behalf by such Board and by any officer of the University authorised in this behalf by the Syndicate.

(4) The Syndicate shall have power to suspend or withdraw the licence of any Hostel which is not conducted in accordance with the conditions prescribed by the University Ordinances.

Section 46. Admission to University Courses

(1) Admission of students to the University for degrees of Bachelor of Arts, Bachelor of Commerce, Bachelor of Science and higher degrees shall be made by an Admission Committee appointed for that purpose by the Academic Council.

(2) Students shall not be eligible for admission to a course of study for a degree in the University or any of its affiliated colleges, unless they have passed the Intermediate Examination of any Board of Intermediate and Secondary Education, or any other authority incorporated by any law for the time being in force in Bangladesh or an examination recognised under the Statutes as equivalent thereto, and possess such further qualifications as may be prescribed by the University Ordinances:

Provided that for admission to a five-year course of study for a Degree of Bachelor of Arts in Fine Arts students who have passed the Matriculation or the Secondary School Certificate Examination of any Board of Intermediate and Secondary Education, or the Matriculation or Secondary School Certificate Examination of any other authority incorporated by law, for the time being in force in Bangladesh, or any examination recognised under the Statutes as equivalent thereto, and possess such further qualification as may be prescribed by the University Ordinances, shall be so eligible.

(3) The conditions under which students may be admitted to the diploma courses of the University shall be prescribed by the University Ordinances.

(4) For the purpose of admission to a course of studies the University shall not, without the previous sanction of the Government, recognise as equivalent to its own degree, any degree conferred by any other University or as equivalent to the Intermediate Examination, any examination conducted by any authority other than a University or a Board of Intermediate and Secondary Education or other authority incorporated by law for the time being in force in Bangladesh:

Provided that the University may admit student from a foreign country to any of its courses of study if the Academic Council is satisfied that his or her qualifications are equivalent to those required for admission to the course.

Section 47. Examinations

(1) All arrangements for the conduct of examinations shall be made by the Controller of Examinations, and all examiners shall be appointed by the Academic Council in such manner as may be prescribed by this Act and the University Ordinances.

(2) If during the course of an examination any examiner is for any cause incapable of acting as such, the Vice-Chancellor shall appoint an examiner to fill the vacancy.

(3) At least one examiner who is not a member of the University shall be appointed for each subject included in a Department of teaching and forming part of the course which is required for a University degree.

(4) The Academic Council shall appoint Examination Committees consisting of members of its own body or of other persons or of both, as it thinks fit, to moderate examination questions, to prepare the results of the examinations and to report such results to the Syndicate for publication.

Section 48. Annual Report

The annual report of the University shall be prepared under the direction of the Syndicate and shall be submitted to the Commission on or before the 31st January of the following academic session.

Section 49. Annual Accounts

(1) The annual accounts and balance-sheet of the University shall be prepared under the direction of the Syndicate and shall be submitted to the Commission for the purpose of audit.

(2) The accounts together with copies of the audit report shall be submitted to the Commission.

Section 50. Disputes to the constitution of University Authorities and bodies

In the absence of any clear provision in this Act, Statutes or University Ordinances, if any question arises whether any person 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 51. Appeals to Chancellor

(1) An appeal against the order of any Officer or Authority of the University affecting any person or class of persons in the University may be made by petition to the

Chancellor who shall send a copy of any such petition to the officer or Authority concerned and shall give such officer or Authority an opportunity to show cause why the appeal should not be entertained.

(2) The Chancellor may reject any such appeal or may, if he thinks fit, appoint an Enquiry Commission consisting of such persons as are not officers of the University or members of any Authority thereof, to inquire into the matter and to submit to him a report thereon.

(3) The Chancellor shall, on receipt of the Enquiry Commission's report, send a copy thereof to the Syndicate and the Syndicate shall take the report into consideration and shall, within three months of the receipt thereof, pass a resolution thereon which shall be communicated to the Chancellor who shall then take such action on the report of the Enquiry Commission and resolution of the Syndicate as he may think fit.

(4) An Enquiry Commission appointed under sub-section (2) may require any officer or Authority of the University to furnish it with such papers or information as are, in the opinion of the Enquiry Commission, relevant to the matter under inquiry, and such officer or Authority shall be bound to comply with such requisition.

Section 52. Constitution of Committees

Where any Authority of the University is authorised by this Act or the Statutes to appoint Committees, such Committees shall, unless otherwise provided, consist of one or more members of the Authority concerned and of such other persons, if any, as the Authority in each case may think fit.

Section 53. Filling of casual vacancies

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

Validity of proceedings, etc.

¹⁰54. No act or proceedings of any Authority or other body of the University shall be invalid or be called in question merely on the ground of the existence of any vacancy in such Authority or body, or of the failure or defect in making or holding any appointment, nomination or election to, or of any other defect in the formation of, such Authority or body.

Section 55. Conditions of service

(1) Every salaried teacher and officer of the University shall be appointed on a written contract which shall be lodged with the Registrar of the University, and a copy of the contract shall be furnished to the teacher or officer concerned.

(2) The service conditions shall be determined without any prejudice to the freedom of the teacher or officer to hold any political views and to keep association with any lawful organisation outside the University and shall be clearly stated in the contract:

Provided that if a teacher or other salaried employee of the University seeks election as a Member of Parliament, he shall before the date for filing of nominations, resign from the service of the University.

(3) A teacher or officer of the University may be dismissed only on grounds of moral turpitude or inefficiency, but no such teacher or officer shall be dismissed unless an enquiry into the charges of moral turpitude or inefficiency is held by an Enquiry Committee on which the teacher or the officer may be represented by a person nominated by him.

Section 56. Pension and provident fund

(1) The University shall, in such manner and subject to such condition as may be prescribed by the Statutes and the University Ordinances, constitute for the benefit of its employees, such pension, group insurance, benevolent fund, provident fund or gratuity as it may deem fit.

(2) Where any provident fund has been constituted, the Government may declare that the provisions of the Provident Fund Act, 1925 (XIX of 1925), shall apply to such funds as if it were a Government Provident Fund.

Section 57. Contribution

The Government or the Commission shall, for the purposes of this Act, contribute annually to the University such sum of money as may be determined by them.

Section 58. Repeal and saving

(1) The Rajshahi University Ordinance, 1961 (E.P. Ord. No. XVIII of 1961) and the Rajshahi University Ordinance, 1973 (Ord. XI of 1973) are hereby repealed.

(2) Notwithstanding the aforesaid repeal anything done, action taken, obligation or liability incurred, rights and assets acquired, person appointed or authorised, jurisdiction or power conferred, endowment, bequest, fund or trust created, donation and grant made, scholarship, studentship or exhibition instituted, affiliation granted and orders issued under any of the provisions of the said Ordinances, or Statutes, University Ordinances, and Regulations made thereunder, so far as they are not inconsistent with the provisions of this Act or Statutes, University Ordinances and Regulations, made hereunder shall be continued and so far as may be, deemed to have been respectively done, taken, incurred, acquired, appointed, authorised, conferred, created, made, instituted, granted or issued under this Act or the Statutes, University Ordinances or Regulations made hereunder and any documents referring to any of the provisions of the said Ordinance or Statutes, University Ordinances or Regulations made thereunder shall, so far as may be, considered to refer to the corresponding provision of this Act or the Statutes, University Ordinances or Regulations made hereunder.

Section 59. Interim arrangement

Upon the coming into force of this Act the existing Syndicate, Academic Council and all other Authorities, Committees and bodies constituted under the repealed Ordinances shall continue to function until a new Syndicate, Academic Council and other Authorities, Committees and bodies are duly constituted under this Act and all persons holding office under the repealed Ordinances shall continue to function till new appointments or nominations are made or elections are held according to this Act.

Section 60. Removal of difficulties

If any difficulty arises with respect to the functioning of the University or in connection with the first meeting of any Authority of the University or otherwise in first giving effect to the provisions of this Act the Chancellor may, at any time before all the Authorities of the University have been constituted, by order make any appointment or do anything, consistent so far as may be with the provisions of this Act and the Statutes, which appears to him necessary or expedient for the purpose of removing the difficulty; and every such order shall have effect as if such appointment or action had been made or taken in the manner provided in this Act:

Provided that, before making any such order or taking any such action, the Chancellor shall ascertain and consider the opinion of the Vice-Chancellor.

Footnotes

1.Clause (l) was substituted by section 3 of the University Laws (Amendment) Act, 1987 (Act No. XXXVI of 1987)

2.Sub-section (4) was added by section 3 of the University Laws Amendment Act, 1980 (Act No. I of 1980) (See: University Laws Amendment Act, 1980)

3.Sub-section (2) was substituted by section 2 and the Schedule of the Universities Laws Amendment Ordinance, 1975 (Ordinance No. LXII of 1975) (See: Universities Laws Amendment Ordinance, 1975)

4.Section 13 was substituted by section 2 and the Schedule of the Universities Laws Amendment Ordinance, 1975 (Ordinance No. LXII of 1975) (See: Universities Laws Amendment Ordinance, 1975)

5.The words “one or more Pro-Vice-Chancellors” were substituted for the words “a Pro-Vice-Chancellor” by section 2 of the Rajshahi University (Amendment) Act, 1999 (Act No. IX of 1999)

6.Clause (b) was substituted by section 3 of the Rajshahi University (Amendment) Act, 1999 (Act No. IX of 1999)

7.Clause (b) was substituted by section 4 of the Rajshahi University (Amendment) Act, 1999 (Act No. IX of 1999).

8.Clause (b) was substituted by section 5 of the Rajshahi University (Amendment) Act, 1999 (Act No. IX of 1999)

9.Clause (aa) was inserted by section 6 of the Rajshahi University (Amendment) Act, 1999 (Act No. IX of 1999)

10.Section 54 was substituted by section 2 and the Schedule of the Universities Laws Amendment Ordinance, 1975 (Ordinance No. LXII of 1975) (See: Universities Laws Amendment Ordinance, 1975)