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The Jahangirnagar University Act, 1973

An Act to repeal the Jahangirnagar Muslim University Ordinance, 1970 and to provide for reconstitution and reorganisation of the Jahangirnagar Muslim University

ACT NO. XXXIV OF 1973
8th October, 1973

An Act to repeal the Jahangirnagar Muslim University Ordinance, 1970 and to provide for reconstitution and reorganisation of the Jahangirnagar Muslim University WHEREAS it is expedient to reconstitute and reorganise the Jahangirnagar Muslim University 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 Jahangirnagar 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) “Authority” means any of the Authorities of the University hereinafter specified in this Act or the Statutes;
(c) “Commission” means the University Grants Commission of Bangladesh constituted under the University Grants Commission of Bangladesh Order, 1973(P.O. No. 10 of 1973);
(d) “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;
(e) “Provost” means the head of a Hall;
(f) “Registered Graduate” means a graduate registered under the provisions of this Act;
(g) “Senate” means the Senate of the University constituted under this Act;
(h) “Statutes”, “University Ordinances” and “Regulations” mean respectively the Statutes, Ordinances and Regulations of the University for the time being in force;
(i) “Syndicate” means the Syndicate of the University constituted under this Act;
(j) “teachers” include Professors, Associate Professors, Assistant Professors and Lecturers of the University and any other person declared to be teacher by the University;
(k) “University” means the Jahangirnagar University;
(l) “Warden” means an officer so designated and appointed by the University for management and administration of the affairs of a house of a Hall under the guidance and control of the Provost; and
(m) “year” means academic year beginning on the 1st day of July.

Section 3. The University

(1) The Jahangirnagar Muslim University shall be reconstituted at Savar in the district of Dacca in accordance with the provisions of this Act and the Campus of the University shall comprise its present site and such other areas as the Government may, by notification in the official Gazette, declare.

(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 Jahangirnagar University.

(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 be a residential one and shall exercise the powers conferred on it by or under this Act within the territorial limits of the University Campus.

Section 5. 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 following powers:-

(a) to provide for instruction in such branches of learning, at Honours degree and post-Honours degree level, as the University may think fit, and to make provision for research and for the advancement and dissemination of knowledge;
(b) to prescribe courses of studies to be taught by the University;
(c) to hold examinations and grant and confer certificates, diplomas, 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;
(d) to grant such diplomas to, and to provide such lectures and instructions for, persons not being students of the University as the University may determine;
(e) to confer honorary degrees or other distinctions on approved 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 or certificates to, persons as the University may determine;
(g) to co-operate with other Universities and authorities in such manner and for such purposes as the University may determine;
(h) to institute Professorships, Associate Professorships, Assistant Professorships, Lecturerships and any other teaching posts required by the University, and to appoint persons to such posts and such other teaching posts;
(i) to institute and award Fellowships, Scholarships, Prizes, and Medals in accordance with the Statutes, University Ordinances and Regulations;
(j) to demand and receive such fees as may be prescribed by the University Ordinances;
(k) to set up and maintain academic museums, laboratories, schools and institutes for the development of teaching and research and to hold exhibitions;
(l) to institute and maintain Halls for the residence of the students of the University;
(m) to supervise and control the residence and discipline of the students of the University, to promote their extra-curricular activities and to make arrangements for promoting their health; and
(n) 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 teaching and examining body and to cultivate and promote arts, science and other branches of learning.

Section 6. University open to all classes and creeds

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

Section 7. Teaching of the University

(1) All recognised teaching in connection with the University courses shall be conducted by the University and shall include lectures and work in the laboratories or workshops and other teaching conducted by the teachers thereof in such manner as may be prescribed 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 instructions to be given in accordance with conditions as may be provided by the University Ordinances and Regulations.

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 inquiry.

Section 9. Officers of the University

The following shall be the officers of the University:-

(a) the Chancellor;
(b) the Vice-Chancellor;
(c) the Pro-Vice-Chancellor;
(d) the Treasurer;
(e) the Deans;
(f) the Registrar;
(g) the Director of Students Counselling and Guidance;
(h) the Provosts;
(i) the Proctor;
(j) the Deputy Registrar (Academic);
(k) the Deputy Registrar (Administration);
(l) the University Engineer;

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

(n) the Comptroller;
(o) the Librarian; and
(p) 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 arrangement 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 executive and academic officer of the University and shall be Chairman of the Senate, the Syndicate and the Academic Council. He shall be entitled to be present and to speak at any meeting of any Authority but, shall not be entitled to vote thereat unless he is a member of the Authority concerned.

(2) The Vice-Chancellor shall convene meetings of the Senate, the Syndicate and the Academic Council and shall preside over them.

(3) Notwithstanding any provision contained in this Act or in any law for the time being in force, the Vice-Chancellor may, in any emergency which, in his opinion, requires immediate action, take such action as he deems necessary, and shall within seven days thereafter report his action to the officer or Authority who or which, in the ordinary course, would have dealt with the matter.

(4) The Vice-Chancellor shall, if he does not agree with the resolution of any Authority of the University, have the power to withhold implementation of the resolution and refer it back to the Authority concerned, with his opinion thereon, for reconsideration in its next regular meeting. If, in the process of reconsideration, the Authority concerned does not agree with the Vice-Chancellor, the decision of the Syndicate shall be final.

(5) 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, and shall be responsible for the discipline of the University in accordance with this Act, the Statutes and University Ordinances.

(6) 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.

(7) 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 of the University as he may deem fit.

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

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 appointed by the Chancellor upon such conditions and for such period, and shall receive such remuneration 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 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, subject to the control of the Syndicate, manage the property and investments of the University; and shall be responsible for the presentation of the annual budget estimates and statement of accounts.

(5) Subject to the powers of the Syndicate, it shall be responsibility of the Treasurer to see that all monies 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. Appointment of other officers

Officers of the University, the manner of whose appointment has not been provided elsewhere in this Act, shall be appointed by the Syndicate in such manner as may be prescribed by the Statutes.

Section 16. 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 17. The duties and powers of other officers

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

Section 18. Authorities of the University

The following shall be the Authorities of the University:-

(a) the Senate;
(b) the Syndicate;
(c) the Academic Council;
(d) the Faculties;
(e) the Committees of Courses;
(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 declared by the Statutes to be Authorities of the University.

Section 19. The Senate

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

(a) the Vice-Chancellor;

6 7(b) the Pro-Vice-Chancellor or, if there is more than one, all the Pro-Vice-Chancellors;

(bb) the Treasurer;
(c) five Government officials to be nominated by the Government;
(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 Principals of colleges to be nominated by the Academic Council;
(h) the Chairman of the Board of Intermediate and Secondary Education, Dacca;
(i) twenty-five representatives of Registered Graduates to be elected by such graduates from among themselves;
(j) thirty-three representatives of teachers of the University other than Deans to be elected in a special meeting of the teachers of the University; and
(k) five representatives of the students to be nominated by the University Central Students Union.

(2) The members of the Senate, other than 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 will 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 the Colleges, 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 a College, 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 20. 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 21. 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 22. The Syndicate

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

(a) the Vice-Chancellor;

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

(c) the Treasurer;
(d) two Principals of Colleges to be nominated by the Academic Council;
(e) six teachers of the University to be elected by such teachers from among themselves;
(f) two representatives of the Senate to be nominated by the Senate;
(g) two persons to be nominated by the Chancellor;
(h) two Government officials, not below the rank of Secretary, to be nominated by the Ministry of Education, Cultural Affairs and Sports; and
(i) one distinguished citizen to be nominated by the Senate from outside its membership.

(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 (e) 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 Principals of Colleges, teachers of the University, representatives of the Senate and Government nominee shall hold office so long as they continue to be such Principals, teachers, members and officials.

Section 23. 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) acquire, hold, control and administer the property and funds of the University, and shall, from time to time, obtain advice from the Finance Committee on financial matters;
(b) determine the form of the common seal of the University, the Authority in whose custody it shall be kept and the manner in which it shall be used;
(c) 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:

Provided that no action shall be taken by the Syndicate in respect of the fees paid to examiners and emoluments of teachers without consulting the Academic Council;

(d) lay before the Commission annually a full statement of all the bequests received by it and the financial requirements of the University;
(e) administer any funds placed at the disposal of the University for specific purposes;
(f) appoint, save as otherwise provided by this Act or the Statutes, the officers, teachers, clerical and other staff of the University, and define their duties and conditions of service, and fill temporary vacancies in their posts;
(g) make, amend or repeal the Statutes subject to the approval of the Senate;
(h) frame the University Ordinances subject to the provisions of this Act and the Statutes;
(i) accept bequests, donations and transfer of any movable or immovable property on behalf of the University;
(j) arrange for the holding of, and publish the results of, the University examinations;
(k) institute Professorship, Associate Professorship, Assistant Professorship or Lecturership or other teaching posts in accordance with the Statutes and recommendation of the Academic Council;
(l) delegate, subject to such conditions as may be prescribed by regulations, its power to appoint clerical and other staff of the University to such person or Authority as it may determine;
(m) exercise such other powers and perform such other duties as may be conferred or imposed on it by this Act or the Statutes; and
(n) exercise all other powers of the University not otherwise provided for by this Act or the Statutes.

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

Section 24. Academic Council

The Academic Council shall be the principal academic body of the University, and shall, subject to the provisions of this Act, the Statutes and the University Ordinances, have the control and general supervision over, and be responsible for 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 or imposed upon it by the Statutes. It shall have the right to advise the Syndicate on all academic matters.

Section 25. Constitution of the Academic Council

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

Ex-officio members:

(a) the Vice-Chancellor;

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

(b) the Deans of the Faculties;
(c) the Professors and the Heads of Departments;
(d) the Librarian of the University;

Nominated members:

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

Elected members:

(f) three Associate Professors other than Heads of Departments or Deans and three teachers below the rank of Associate Professor other than Heads of Departments 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, Lecturers or teachers, nominated or elected as such shall hold office so long as they continue to be such Associate Professors, Assistant Professors, Lecturers or teachers.

Section 26. The Faculties

(1) The University may include the Faculties of Arts and Humanities, Social Sciences, Mathematical and Physical Sciences, Biological Sciences, Earth and Environmental Sciences and may divide or combine existing Faculties and create new Faculties in the 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 the research work in such subjects as may be assigned to such Faculty by the University Ordinances.

(3) The constitution and powers of the Faculties shall be prescribed by the Statutes.

(4) There shall be a Dean of each Faculty, who shall, subject to the control and general supervision of the Vice-Chancellor, be responsible for the due observance of the Statutes, University Ordinances and Regulations relating to the Faculty. He shall receive, in respect of his duties as Dean, such additional remuneration as may be fixed by the Syndicate.

(5) The Dean of a Faculty shall be elected from among the Professors and Associate Professors by all teachers belonging to the Departments within the Faculty and shall hold Office for two academic years.

(6) All academic matters shall go to the Academic Council through the Faculties.

Section 27. Appointment of the Head of Department

The Head of every teaching Department shall be called the Chairman who shall be appointed in such manner as may be prescribed by the Statutes.

Section 28. Committees of Courses

For each subject or group of subjects, there shall be a Committee of Courses which shall be responsible for preparation of Courses and syllabuses and such other work as may be assigned to it under the Statutes and University Ordinances.

Section 29. 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 30. Finance Committee

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

(a) the Vice-Chancellor;

10(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;
(c) one person to be nominated by the Syndicate;
(d) one Dean to be nominated by the Academic Council;
(e) one teacher of the University to be elected by the teachers thereof from among 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 Comptroller of the University shall be the Secretary of the Finance Committee.

(4) 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;
(c) perform such other functions as may be prescribed by the Statutes.

Section 31. Planning and Development Committee

(1) The Planning and Development Committee shall consist of the following persons:-

(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) the Treasurer;
(c) four Deans of the Faculties by rotation;
(d) one architect, one engineer and one expert in the field of finance to be nominated by the Syndicate.

(2) The 12Director (Planning and Development) of the University shall be the Member-Secretary of the Planning and Development Committee.

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

Section 32. Selection Boards

(1) There shall be Selection Boards for recommending the appointment 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 33. Other Authorities of the University

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

Section 34. 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 35. 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;
(c) the designations, powers, duties and conditions of service of teachers and officers;
(d) the constitution, powers and duties of the Authorities of the University;
(e) the setting up and maintenance of academic museums, schools, institutes and holding of exhibitions for the development of teaching and research and administration and management thereof;
(f) the institution and maintenance of Halls;
(g) the mode of selection and appointment of Professors, Associate Professors, Assistant Professors, Lecturers and other teachers of the University;
(h) the constitution of pension, group insurance, benevolent fund and provident fund for the benefit of officers, teachers, clerical staff and other employees of the University;
(i) the maintenance of a register of Registered Graduates; and
(j) all other matters which, under this Act, are to be or may be prescribed by the Statutes.

Section 36. 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 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 37. University Ordinances

Subject to the provisions 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, certificates and diplomas of the University;
(b) the manner in which lecturing work in the laboratories or workshops and other teaching shall be conducted;
(c) the condition in accordance with which the tutorial instructions shall be given;
(d) 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;
(e) the admission of students to the University;
(f) the terms and conditions of residence of the students of the University;
(g) the fees to be charged for courses of studies in the University and for admission to the Halls, the examinations, degrees, certificates and diplomas of the University;
(h) the constitution, powers and duties of the various standing committees of the University;
(i) the formation of departments of teaching in the Faculties;
(j) the conduct of examinations; and
(k) all matters which under this Act or the Statutes are to be or may be provided for by the University Ordinances.

Section 38. 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 42 for admission to the degree courses 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 39. Regulations

(1) The Authorities 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 meeting and the number of members required to form a quorum;
(b) providing for all matter which under this Act, the Statutes or the University Ordinances, are to be prescribed by Regulations;
(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 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 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 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 40. Residence

Every student of the University shall reside in a Hall of the University unless specially permitted to stay elsewhere within the campus by the Syndicate for any special reason.

Section 41. Halls

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

Section 42. Admission to University Courses

(1) Admission of students to the University in Honours Courses 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 unless they have passed the Intermediate Examination or the Higher Secondary Education, Bangladesh 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.

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

(4) The University may admit a student from a foreign country to any of the 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 43. Examinations

(1) All arrangements for the conduct of examinations shall be made by the Departments concerned in such manner as may be prescribed by the University Ordinances 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 44. Conditions of services

(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 45. Annual Report

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

Section 46. Annual Accounts

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

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

Section 47. Disputes to the Constitution of Authorities and bodies

If, in the absence of any clear provisions in this Act, the Statutes or the University Ordinances, any question arises as to whether any person is entitled to be a member of any Authority or of any other body of the University, the matter shall be referred to the Chancellor whose decision thereon shall be final.

Section 48. Constitution of Committees

Where any Authority of the University is authorised by this Act or the Statutes to appoint a Committee, such Committee 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 determine.

Section 49. Filling of casual vacancies

All casual vacancies in the office of the members, other than ex-officio members of any Authority or any other body of the University, shall be filled, as soon as may be, by the person or body who nominated or elected the members 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 person whose place he fills would have been a member.

Validity of proceedings, etc

1350. 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 51. Appeal 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 on receipt of the petition thereof 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 person 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. Pension and Provident Fund

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.

Section 53. Contribution

The Commission shall contribute annually to the University such sum of money as may be determined by them.

Section 54. Repeal and saving

(1) The Jahangirnagar Muslim University Ordinance, 1970 (E.P. Ord. No XXI of 1970), is 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, donations 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 document 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 provisions of this Act or the Statutes, University Ordinances or Regulations made hereunder.

Section 55. 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 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.

Section 56. Removal of difficulty

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 the effect as if such appointment or action has 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.

Related Acts

University Grants Commission of Bangladesh Order, 1973 Universities Laws Amendment Ordinance, 1975University Laws Amendment Act, 1980