The Chittagong University Act, 1973

An Act to repeal the Chittagong University Ordinance, 1966, and provide for reconstitution and reorganisation of the University of Chittagong.

Act No. ACT NO. XXXIII OF 1973

Date: 4th October, 1973

An Act to repeal the Chittagong University Ordinance, 1966, and provide for reconstitution and reorganisation of the University of Chittagong. WHEREAS it is expedient to reconstitute and reorganise the University of Chittagong 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 Chittagong 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 the 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) “Commission” means the University Grants Commission of Bangladesh constituted under the University Grants Commission of Bangladesh Order, 1973(P.O. No. 10 of 1973);

(e) “constituent college” means a college recognised by the University as an integral part thereof;

(f) “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;

(g) “Hostel” means a unit of residence for the students of the University provided otherwise than by the University but approved and licensed by the University in accordance with the provisions of this Act;

(h) “institution” means an institution recognised as such by the University;

(i) “Principal” means the head of a College or Institution;

(j) “Provost” means the head of a Hall;

(k) “Registered Graduates” means graduates registered under the provisions of the Statutes;

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

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

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

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

(p) (i) “University teacher” means a teacher of the University and includes a University Professor, a University Associate Professor, a University Lecturer or any other person belonging to a University teaching department appointed by the University or recognised as such; and

(ii) “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 designated as college Professor and college Lecturer;

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

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

Section 3. The University

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

(2) The Chancellor and the 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, shall constitute a body corporate by the name of the University of Chittagong.

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

Section 4. Jurisdiction

The University shall exercise the powers conferred on it by or under this Act within the territorial limits of Chittagong Division, as may be determined by the Government, from time to time, in respect of the institutions lying therein and imparting instruction and training above the Intermediate stage:

Provided that the University shall have power to frame Statutes for constituting one Governing Body for affiliated and constituent colleges and institutes.

Section 5. Power to acquire and hold property by the University

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 Act in connection with such property.

Section 6. Powers of the University

Subject to such conditions as may be prescribed by or under the provisions of this Act, the University shall have the powers-

(a) to provide for instruction in such branches of learning, at degree and post-graduate level, 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 or institutes;

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

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

(ii) have carried on research under conditions laid down in the Statutes, or

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

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

(f) to provide such lectures and instructions for and to grant, under conditions laid down in the Statutes, such diplomas to persons, not being students of an affiliated colleges as the University may determine;

(g) to inspect affiliated colleges or institutes 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 research and teaching posts required by the University, and to appoint persons to such Professorships, Associate Professorships, Assistant Professorships, Lecturerships and such other research and teaching posts;

(j) 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;

(k) to institute and award Fellowships, Scholarships, Prizes and Medals in accordance with the Statutes, University Ordinances and Regulations;

(l) to set up and maintain academic museums, laboratories, schools and institutions for the development of teaching and research;

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

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

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

Section 7. University open to all classes, castes and creed

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

Section 8. Teaching of the University

(1) All recognised teaching in connection with examinations of the University shall be conducted by the University or constituent and affiliated colleges or institutes and shall include lecture and work in the laboratories and workshops; and the teaching shall be conducted by the teachers recognised in the 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 the tutorial instruction to be given in accordance with the conditions to be provided by the University Ordinances and Regulations.

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

Section 9. 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 enquiry 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 enquiry 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 enquiry, 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 10. Officers of the University

The following shall be officers of the University:-

(a) the Chancellor;

(b) the Vice-Chancellor;

(d) the Deans of Faculties;

(e) the Registrar;

(f) the Inspector of Colleges;

(g) the Librarian;

(h) the Provosts of Halls;

(i) the Proctor;

(j) the Comptroller of Accounts;

(k) the Head of the Engineering office;

(l) the Director of students Counselling and Guidance;

(m) the Controller of Examinations;

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

(o) the Medical Officer;

(p) the Deputy Registrar (Academic);

(q) the Deputy Registrar (Administration); and

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

Section 11. 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 degrees and honours and, in his absence, the Vice-Chancellor shall preside at such convocations.

(2) The Chancellor shall have such other powers as are 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 12. Vice-Chancellor

(1) The Vice-Chancellor shall be appointed by the Chancellor from a panel of three persons to be nominated by the Senate for a period of four years on such terms and conditions as the Chancellor may determine. A person appointed as Vice-Chancellor shall be eligible for nomination and appointment for a second term only.

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 13. Duties and powers of the Vice-Chancellor

(1) The Vice-Chancellor shall be a whole-time principal academic and executive officer of the University and shall, in the absence of the Chancellor, preside at the convocation of the University. He shall be an ex-officio member and Chairman of the Senate, the Syndicate, the Academic Council, the Finance Committee and other Statutory Committees save as otherwise provided in this Act and shall be entitled to be present and to speak at any meeting of any Authority or 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) 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 for approval of the action so taken to the Authority concerned at the earliest opportunity.

(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 not more than six months, teachers (other than Professors), officers (other than statutory officers), administrative and subordinate staff and report such action to the Syndicate.

(6) The Vice-Chancellor may, subject to such conditions as may be prescribed, delegate any of his powers to such officers of the University as he may determine.

(7) The Vice-Chancellor shall have the right to call meetings of the Senate, the Syndicate, the Academic Council, the Finance Committee and other Statutory Committees save as otherwise provided in this Act.

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

(9) The Vice-Chancellor shall give effect to the decisions of the Syndicate regarding appointments, dismissal and suspension of the officers and the University teachers, 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 the University Ordinances.

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

Pro-Vice-Chancellor

⁴14. (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 15. The Registrar

(1) The Registrar shall be the secretary to 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 and perform such other duties as may be prescribed by the Statutes and the University Ordinances.

(2) All contracts shall be signed by the Registrar on behalf of the University.

Section 16. The Inspector of Colleges

The Inspector of Colleges shall be responsible for all matters connected with the affiliated colleges or institutes and shall perform such other duties as may be prescribed by the Statutes and the University Ordinances or as may be assigned to him by the Vice-Chancellor.

Section 17. The Comptroller of Accounts

(1) The Comptroller of Accounts shall be responsible for administration of the funds of the University and shall perform such other duties as may be prescribed by the Statutes and the University Ordinances or assigned to him by the Vice-Chancellor.

(2) He shall be the Secretary to the Finance Committee.

Section 18. 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 or assigned to him by the Vice-Chancellor.

Section 19. The Deputy Registrars

The Deputy Registrars shall work under the general supervision of the Registrar and shall perform such other duties as may be assigned to them by the Vice-Chancellor.

Section 20. The duties and powers of other officers

The duties and powers of the other officers shall be prescribed by the Statutes, the University Ordinances and the Regulations.

Section 21. Authorities of the University

The following shall be the Authorities of the University :-

(a) the Senate;

(b) the Syndicate;

(d) the Faculties;

(e) the Committees of Courses and Studies;

(f) the Boards of Advanced Studies;

(g) the Finance Committee;

(h) the Planning and Development Committee;

(i) the Selection Boards; and

(j) such other Authorities as may be provided for in the Statutes.

Section 22. 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 Members of Parliament to be nominated by the Speaker;

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

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

(g) five college Principals to be nominated by the Academic Council from among the Principals of the affiliated and constituent colleges;

(h) ten college teachers to be nominated by the Academic Council from among teachers of the affiliated and constituent colleges;

(i) the Chairman of the Board of Intermediate and Secondary Education, Comilla;

(j) twenty-five representatives of Registered Graduates to be elected by such graduates from among themselves;

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

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

(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 College Principals, the College teachers, Registered Graduates, University teachers and representatives of research bodies shall hold office so long as they continue to be a Member of Parliament, Government official, college Principal, college teacher, Registered Graduate, University teacher 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 23. 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 24. 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 25. The Syndicate

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

(a) the Vice-Chancellor;

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

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

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

(d) three persons to be nominated by the Chancellor;

(e) one person to be nominated by the Academic Council;

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

(g) two College Principals, one from the Principals of the Government affiliated colleges and the other from the non-Government affiliated colleges of University to be nominated by the Academic Council; and

(h) 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 University teachers to be elected under clause (b) 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 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 University teachers, College Principals, representatives of the Senate and Government nominee shall hold office so long as they continue to be such teachers, Principals, members and official.

Section 26. Powers and duties of the Syndicate

(1) The Syndicate shall be the 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 of, 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, provided for custody and regulate the use of the common seal of the University;

(c) lay before the Commission annually of 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 and teachers, clerical staff and other employees of the University, define their duties and conditions of service and provide for the filling 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, 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, institutes 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 posts and research positions in accordance with the Statutes and recommendations of the Academic Council;

(o) institute new teaching and Research Departments with prior approval of the Commission and in accordance with the Statutes and recommendations of the Academic Council;

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

(q) abolish or suspend department or institute in accordance with the Statutes and recommendations of the Academic Council;

(r) accord recognition to a Scholar as a teacher of the University in accordance with the provisions of the Statutes and recommendations of the Academic Council;

(s) delegate, subject to such conditions as may be prescribed by Regulations, its power to appoint clerical staff and other employees to such person or Authority as the Syndicate may determine on the recommendation of the Vice-Chancellor;

(t) abolish or suspend any administrative, clerical and other non-teaching posts;

(u) 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;

(v) accept bequests, donations and transfer of property to the University;

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

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

(y) 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, or in the purchase of immovable property in Bangladesh with the like power of varying such investments or place on fixed deposit in any bank any portion of such money not required for immediate expenditure; and

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

(3) At least one-third of the total number of members shall be present to constitute a quorum of a meeting of the Syndicate.

Section 27. 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 28. Constitution of the Academic Council

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

Ex-officio members:

(a) the Vice-Chancellor;

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

(b) the Deans of the Faculties;

⁹(cc) the Directors of the University Institutes;

(d) the Librarian of the University;

Nominated members:

(e) ten Principals of affiliated colleges of whom at least three shall be from the Principals of Government colleges to be nominated by the Chancellor;

(f) five persons from research bodies and centres of higher learning to be nominated by the Chancellor;

Elected members:

(g) two Associate Professors, two Assistant Professors and two Lecturers, other than Chairman of Departments ¹⁰and the Directors of University Institutes, 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 Associate Professors, Assistant Professors or Lecturers elected as such shall hold office so long as they continue to be such Associate Professors, Assistant Professors and Lecturers.

Section 29. Powers and duties of the Academic Council

(1) The Academic Council shall, subject to the provisions of this Act and the Statutes, and the powers conferred on the Vice-Chancellor and the Syndicate, have power to make regulations prescribing the courses of studies 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 advise the Syndicate on all Academic matters;

(b) to propose Academic Ordinances to the Syndicate;

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

(e) to decide the conditions under which exemptions relating to the admission of students to examinations may be given;

(f) to propose to the Syndicate schemes for the constitution of the University Departments and Committees of Courses and Studies;

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

(h) to prescribe, subject to the approval of the Syndicate and upon the recommendations of the Committees of Courses and Studies, the Courses of Reading, the Syllabuses and outlines 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 and Studies:

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

(i) to approve or reject any subject proposed for this by a candidate for the degree of a 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 which shall be final;

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

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

(l) to make and amend rules and regulations regarding the use of University Library;

(m) to recommend to the Syndicate affiliation or disaffiliation of colleges and institutes;

(n) to make recommendations for the promotion of research within the University and to advise the Syndicate on such other matters of academic interest as may be referred to them;

(o) to initiate proposals for the institution of teaching departments, research institutes and museums, and to make recommendations for the consideration of the Syndicate; and

(p) to initiate proposals for the institution or suspension of Professorships, Readerships, Lecturerships or other teaching posts and to make recommendation in this respect to the Syndicate.

(3) At least one-third of the total number of members shall be present to constitute a quorum of a meeting of the Academic Council.

Section 30. The Faculties

(1) The University shall include the Faculties of Arts, Science, Social Sciences, Commerce, Law, Medicine, Education and 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 studies and research work in such subjects as may be assigned to such Faculty by the Statutes and the University Ordinances.

(3) The constitution, powers and functions of the Faculties shall be such as are prescribed by the Statutes and the University Ordinances.

(4) Faculties shall be advisory bodies whose decisions shall go through the Academic Council to the Syndicate for giving effect.

(5) 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.

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

Section 31. Departments

The University Departments shall consist of the teachers of the relevant subjects at the University and the constituent colleges or institutes. The Chairman of a department shall be appointed in such manner as may be prescribed by the Statutes. The departments shall have the responsibility to plan and coordinate the work of the departments under the leadership of the Chairman of the department. The Chairman of the department shall exercise such powers and perform such duties as may be prescribed by the Statutes and the University Ordinances.

Section 32. Committees of Courses and Studies

There shall be two Committees of Courses and Studies - one for Post-Graduate, Honours and Diploma Courses and the other for Degree (Pass) and Certificate Courses. They shall be constituted in such manner as may be prescribed by the Statutes and shall have such functions as may be prescribed by the Statutes and the University Ordinances.

Section 33. 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 34. Finance Committee

(1) There shall be a Finance Committee to supervise the income and expenditure of the University, to advise the Syndicate on all matters relating to accounts, administration of property and funds of the University, and it shall consist of:-

(a) the Vice-Chancellor;

¹¹(aa) the Pro-Vice-Chancellor or, if there is more than one, the Pro-Vice-Chancellor to be nominated by the Chancellor;

(b) one person to be nominated by the Syndicate;

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

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

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

(2) The Comptroller of Accounts shall be the Secretary of the Finance Committee.

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

Section 35. Planning and Development Committee

(1) There shall be a Planning and Development Committee to make academic and physical planning of the University and it shall consist of the following:-

(a) Vice-Chancellor .. .. .. Chairman;

¹²(aa) the Pro-Vice-Chancellor or, if there is more than one, the Pro-Vice-Chancellor to be nominated by the Chancellor;

(b) four Deans of Faculties by rotation;

(2) The ¹³Director (Planning and Development) shall be the Secretary of the Planning and Development Committee.

(3) A member, other than the Vice-Chancellor, shall hold office for a period of two years and shall continue in office until their successors having been nominated or appointed enter upon the office.

Section 36. Selection Boards

(1) There shall be Selection Boards for recommending the appointment of Professors, Associate Professors, Assistant Professors, Lecturers and persons to other research and teaching posts of the University and for recognition as such.

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

Section 37. Other Authorities of the University

The constitution, powers, duties and functions of such other Authorities as may be declared by the Statutes to be Authorities of the University shall be such as may be prescribed by the Statutes.

Section 38. University Boards

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

Section 39. Constitution etc. of Boards

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

Section 40. Statutes

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

(a) the conferment of Honorary degrees;

(b) the institution of fellowships, Scholarships and Prizes;

(d) the constitution, powers and duties of the Authorities of the University;

(e) the institution of colleges or institutes and hostels and their maintenance;

(f) the condition for the recognition of colleges and hostels not maintained by the University and for withdrawal of such recognition, management of such colleges and hostels;

(g) constitution, power and duties of Governing Bodies of affiliated colleges;

(h) the mode of appointment and recognition of teachers of the University;

(i) the constitution of pension, insurance and provident funds for the benefit of the officers, teachers, clerical staff and other employees of the University;

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

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

Section 41. Framing of Statutes

(1) The First Statutes of the University shall be those set out 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 the 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 an Authority bas 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 Statute.

Section 42. University Ordinances

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

(a) the admission of students to the University and colleges and their enrolment as such;

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

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

(d) the terms and conditions of residence of the students of the University;

(e) the fees to be charged for courses of studies in the University or the colleges and for admission to the examinations, degrees, certificates and diplomas;

(f) the constitution, powers and duties of the various standing Committees of the University;

(g) the conduct of examinations; and

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

Section 43. Two kinds of University Ordinances

University Ordinances shall be of two kindsÔÇöExecutive and Academic. Subject to the provisions of sections 44 and 45, the Syndicate shall decide which Ordinances are to be treated as Executive and which Ordinances are to be treated as Academic.

Section 44. Executive Ordinances

Subject to other provisions of this Act and the Statutes, the following matters shall be provided for by the Executive Ordinances, namely:-

(a) all kinds of fees to be charged by the University;

(b) powers and duties of the officers of the University other than those prescribed under this Act;

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

(e) procedure of inspection of colleges; and

(f) all other matters which, under the Act or Statutes, are required to be provided for by the Executive Ordinance.

Section 45. Academic Ordinances

Subject to the provisions of this Act and the Statutes, the following matters shall be provided for by the Academic Ordinances, namely:-

(a) creation of teaching departments and posts;

(b) registration of students in the University;

(d) conditions of residence of students;

(e) conduct of examinations;

(f) mode of appointment of Examiners;

(g) institutions of Fellowships, Scholarships and Exhibitions;

(h) framing of Syllabuses and prescribing courses of studies for all degrees, diplomas and certificates awarded by the University;

(i) admission of students to the University and their enrolment as such; and

(j) conditions under which the students shall be admitted to the degree, diploma or certificate courses and the Examinations of University and shall be eligible for degrees and diplomas and certificates.

Section 46. University Ordinances how made

(1) Save as otherwise provided in this section, University Ordinances shall be made by the Syndicate :

Provided that no Academic Ordinance shall be made except on the recommendation of the Academic Council.

Section 47. Regulations

(1) The Authorities and other Bodies 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 under this Act, the Statutes or the University Ordinances are to be prescribed by Regulations; and

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

(2) Every Authority or body of the University shall make Regulations providing for the giving of notice to the members of such Authority or body 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 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 body of the University which is dissatisfied with any such direction may prefer an appeal to the Chancellor whose decision in the matter shall be final.

Section 48. Colleges

(1) No College or institution shall be affiliated unless it fulfils the conditions embodied in this Act.

(2) In all matters connected with affiliation or disaffiliation the Syndicate shall be guided by the recommendation of the Academic Council.

(3) The conditions of residence and instructions in the affiliated colleges shall be prescribed by the University Ordinances and every affiliated college shall be subject to inspection by any officer of the University authorised, in this behalf, by the Syndicate or the Vice-Chancellor.

(4) Where a college desires to add to the courses of instruction in respect of which it is affiliated the procedure prescribed shall, so far as may be, be followed.

(5) The Syndicate may, after due enquiry, withdraw the recognition granted to a college which has failed to comply with the conditions prescribed by the Statutes and University Ordinances or imposed by the Syndicate at the date of recognition or at any later date. The Syndicate shall give the college an opportunity of appearing at any such enquiry as aforesaid and of making representations on its own behalf. The Syndicate shall inform the college of its decision.

Section 49. General Provision relating to colleges

(1) Every affiliated non-Government college shall be a public educational institution; and the whole of its funds shall be appropriated to its own educational purposes and shall be fully controlled by its Governing Body.

(2) Each affiliated non-Government college or institution shall be managed by a regularly constituted Governing Body. The constitution, powers and duties of the Governing Body shall be such as may be prescribed by the Statutes:

Provided that the Governing Body of the affiliated Government college shall be constituted according to the rules framed by the Government.

(3) The Principal or Head of a college shall be responsible for the internal administration and discipline of the college.

(4) Every college shall satisfy the Syndicate that adequate financial provision is available for its continued and efficient maintenance, either in the form of an endowment or by an undertaking given by the body maintaining it.

(5) Tuition and other fees fixed by a college shall not be below the minimum rates or above the maximum rates prescribed by the University Ordinances in this behalf.

(6) Every college shall comply with the relevant Statutes, Ordinances and Regulations of the University.

(7) Admission of the students to a college shall be subject to the conditions prescribed by the University Ordinances and Regulations in this behalf.

(8) Each college or institution shall ordinarily conform to the University terms, vacations and holidays.

(9) Every college shall maintain such registers and records as may be prescribed by the University Ordinances and furnish such statistical and other information as the University may, from time to time, specify.

(10) Every college shall submit each year, by a date to be fixed by the Syndicate, a report to the Syndicate, on the working of the college during the previous year, giving the particulars and circumstances of any change in the staff on the management, the number of students and a statement of income and expenditure and such other information as may be required.

(11) When a college ceases to exist with the sanction of the University, the disposal of its assets, where not specifically provided for, shall be settled by the Governing Body and the University in consultation with the Government. If these Bodies fail to reach an agreement, the Government shall appoint an arbitrator whose decision shall be final.

(12) Every Governing Body shall maintain a Provident Fund for the benefit of members of its teaching staff in accordance with rules prescribed by the Government.

(13) All trust funds belonging to a non-Government college or under the control of the Governing Body shall be shown separately in the accounts of the college.

(14) Investment of funds belonging to a non-Government college or under the control of the Governing body shall be made in property and securities authorised by law for the investment of trust funds of such other classes of security as may, from time to time, be approved by the Government.

(15) The salaries, grades and conditions of service including efficiency and discipline rules for all teachers employed by non-Government affiliated colleges shall be determined by University Ordinances.

Section 50. 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 51. Halls

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

Section 52. Hostels

(1) The Hostels shall be such as may be approved and licensed by the Syndicate on 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 such manner as may be 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 the Board and by the 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 53. Admission to University courses

(1) Admission of students to the University for under-graduate, post-graduate and other courses shall be governed by the rules framed 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 or the Higher Secondary Examination of the Boards of Intermediate and Secondary Education in Bangladesh, or any other Authority incorporated by any law for the time being in force in Bangladesh, or any examination recognised under the Statutes as equivalent thereto, and possess such further qualifications as may be prescribed by the University Ordinances.

(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 study for a degree the University may recognise as equivalent to its own degrees, any degree conferred by any other University, or as equivalent to the Intermediate or Higher Secondary Examination, any examination other than the Intermediate or Higher Secondary Examination of a recognised University or Board in such manner as may be prescribed by the University Ordinances.

Section 54. Examinations

(1) All arrangements for the conduct of Examination shall be made by the Controller of Examinations under the general control of the Vice-Chancellor.

(2) The Academic Council shall appoint Examination Committees. The constitutions, powers and duties of Examination Committees shall be prescribed by the University Ordinances.

(3) If, in respect of an examination, any examiner becomes, for any cause, incapable of acting as such, the Vice-Chancellor shall appoint an examiner to fill the vacancy.

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, misconduct 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. 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 day of January of the following academic session.

Section 57. Annual Accounts

(1) The annual accounts and balance-sheet of the University shall be prepared under the direction of the Syndicate and shall be audited by an authority to be nominated by the Commission.

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

Section 58. Interpretation

If any question arises regarding the interpretation of any provision of this Act or any Statutes, University Ordinances, or Regulations 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 Attorney-General of Bangladesh for his opinion and the Syndicate shall decide accordingly.

Section 59. 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.

Section 60. Bar against membership of Authority

(1) No person shall be eligible to hold any office of the University or Colleges or be a member of any Authorities or other bodies of the University or the Colleges or to continue as such if he,-

(a) is of unsound mind, deaf, mute or is otherwise incapacitated to discharge his functions;

(b) is an undischarged insolvent;

(d) had financial interest as an individual, as a partner or otherwise, in any firm which publishes, procures or supplies any book, either written or edited by him, prescribed by the University as a course of study of any examination conducted by the University unless specially permitted by the Syndicate :

Provided that, in the case of dispute or doubt, the Chancellor shall determine whether a person is disqualified under this section and his decision shall be final.

Section 61. Dispute as to constitution of University Authorities and bodies

If any question arises as to whether any person has been duly elected or appointed as, or is entitled to be, a member of any Authority or other bodies of the University the matter shall be referred to the Attorney-General of Bangladesh for his opinion and the Syndicate shall decide accordingly.

Section 62. Constitution of Committees

Where any Authority of the University is given power by this Act or the Statutes to appoint Committees, such Committees shall, save as otherwise provided, consist of such members of that Authority as may be determined by it and such other persons, if any, as the Authority may determine.

Section 63. 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 appointed, elected or nominated the members whose place has become vacant, and the person appointed, elected or nominated to a casual vacancy, shall be a member of such Authority or body for the residue of the terms for which the person whose place he fills would have been a member.

Validity of proceedings, etc.

¹⁴64. 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 65. Appeals to Chancellor

(1) In the event of any dispute arising out of a contract between the University and any officer or teacher of the University and any other matter not specifically provided for under this Act or the Statutes, the officer or teacher concerned shall have the right of appeal to the Chancellor to be submitted through the Vice-Chancellor of the University who shall submit the appeal to the Chancellor with his comments. The decision of the Chancellor on the appeal shall be final.

(2) In the event of a dispute arising out of a contract between a college and an officer or teacher of the college or any other matter not specifically provided for under this Act or the Statutes, the officer or teacher concerned shall have the right of appeal to the Chancellor to be submitted through the President of the Governing body who shall submit the appeal to the Chancellor with his comments. The decision of the Chancellor on the appeal shall be final.

Section 66. Pension and Provident Fund

(1) The University shall, in such manner and subject to such conditions as may be prescribed by the Statutes, constitute, for the benefit of its officers, teachers, clerical staff and other 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 Funds Act, 1925, shall apply to such funds as if it were a Government Provident Fund.

Section 67. Statutory Grant

The University shall, for the purpose of this Act, receive annually from the Commission such amount as may be determined by the latter.

Section 68. Repeal and Saving

(1) The Chittagong University Ordinance, 1966 (E. P. Ord. No. IX of 1966) is hereby repealed.

(2) Notwithstanding the repeal of the Chittagong University Ordinance, 1966, 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 Ordinance, 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 of 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 69. Interim arrangement

Upon the coming into force of this Act the existing Syndicate, Academic Council and all other Authority, Committees and bodies constituted under the repealed Ordinance 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 Ordinance shall continue to function till new appointments or nominations are made or elections are held according to this Act.

Footnotes

1.Clause (n) was substituted by section 4 of the Universities Laws (Amendment) Act, 1987 (Act No. XXXVI of 1987)

2.Sub-section (4) was added by section 5 of the Universities Laws Amendment Act, 1980 (Act No. I of 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 14 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 Chittagong University (Amendment) Act, 1999 (Act No. VIII of 1999)

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

7.Clause (aa) was inserted by section 4 of the Chittagong University (Amendment) Act, 1999 (Act No. VIII of 1999)

8.Clause (aa) was inserted by section 5 of the Chittagong University (Amendment) Act, 1999 (Act No. VIII of 1999)

9.Clause (cc) was inserted by section 2 of the Chittagong University (Amendment) Ordinance, 1986 (Ordinance No. LXI of 1986)

10.The words “and the Directors of University Institutes” were inserted by section 2 of the Chittagong University (Amendment) Ordinance, 1986 (Ordinance No. LXI of 1986)

11.Clause (aa) was inserted by section 6 of the Chittagong University (Amendment) Act, 1999 (Act No. VIII of 1999)

12.Clause (aa) was inserted by section 6 of the Chittagong University (Amendment) Act, 1999 (Act No. VIII of 1999)

13.The words and brackets “Director (Planning and Development)” were substituted for the words “Planning Development Officer” by section 4 of the Universities Laws (Amendment) Act, 1987 (Act No. XXXVI of 1987)

14.Section 64 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)