Ministry of Education

Intermediate and Secondary Education Boards, Bangladesh

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Intermediate Colleges

Governing Bodies

Notification No. 59-R/69, dated 5th March, 1977. Published in the Bangladesh Gazette, March 24, 1977.

In exercise of the powers conferred by section 39 of the Intermediate and Secondary Education Ordinance, 1961 (E. P. Ord. XXXIII of 1961) and in supersession of the Board of Intermediate and Secondary Education (Constitutions, Powers and Duties of Governing Bodies of non-government Intermediate Colleges) Regulations, 1975, the Board of Intermediate and Secondary Education, Dacca, is pleased to make the following regulations, namely :-

THE BOARD OF INTERMEDIATE AND SECONDARY EDUCATION, DHAKA (GOVERNING BODIES OF NON- GAVERNMENT INTERMEDIAE COLLEGES) REGULA TIONS, 1977.(With amendments on 6-2-89, 8-9-91 and 24.7.93)

Short tilte and commencement-

(1)	These regulations may be called the Board of Intermediate and Secondary Education, Dhaka (Governing Bodies of Non-Government Intermediate Colleges) Regulations, 1977.
(2)	These shall come into force at once.

Definitions-In these regulations, unless there is anything repugnant in the subject or context,

(a)	"Board" means the Board of Intermediate and Secondary Education, Dhaka.
(b)	"donor" means a person who contributes to the Intermediate College not less than Taka 1,000.00 per annum.
(c)	"founder" means a person whose contribution to the Intermediate College in cash or in kind or in both amounts to not less than Taka 25,000-00 at the time of the establishment of the Intermediate College and includes a person who is mentioned as such in the trust deed or other documents relevant to the establishment of the Intermediate College, if any, and also includes a person whose name appears in the list of founders of the Intermediate College immediately before the commencement of these regulations;
(d)	"Governing Body," means the Governing Body of an Intermediate College recognised by the Board,
(e)	"Guardian" means a person having the care of a student of an Intermediate College; Provided that no student shall be deemed to be his own guardian;
(f)	'Ordinance' means the Intermediate and Secondary Education Ordinance, 1961 (E. P. Ord. XXXIII of 1961)

Governing Body- Every Non-Government Intermediate College recognised by the Board shall be under the management of a Governing Body constituted in accordance with the provisions of these regulations.

Constitution of the Governing Body-

(1)

The Governing Body of a Non- Government Intermediate College shall consist of the following members, namely

(a)

Chairman:- for Colleges located in the district headquarters, the Deputy Commissioner concerned, ex-officio, and for Colleges located outside the district headquarters, the Deputy Commissioner concerned or an Additional Deputy Commissioner or Subdivisional Officer nominated by the Deputy Commissioner.

Provided that, in special cases, the Deputy Commissioner may, with the approval of the Commissioner, nominate a local distinguished person interested in education as Chairman.

(b)

Member-Secretary- The Principal of the College (ex-officio).

(c)

Members-

(i)	two members of the teaching staff to be elected by the members of the teaching staff from amongst themselves; Provided that in the case of an Intermediate College having School Section, one teacher from the School Section and the other from the College section shall be elected by the teachers of the respective sections;
(ii)	two guardians to be elected by the guardians of the students of the College from amongst themselves: Provided that in the case of an Intermediate College having School Section, the . number of guardians to be elected shall be four of whom two guardians shall be elected from amongst the guardians of the School Section and the two shall be elected from amongst the guardians of the College Section.
(iii)	one founder to be elected by the founders from amongst themselves :
(iv)	one donor to be elected by the donors from amongst themselves;
(v)	two persons interested in education to be nominated, one by the Chairman of the Board and the other by the Director of Public Instruction.

(2)

The Governing Body may co-opt a local registered medical practitioner as a member to the Governing Body.

(3)

(a)	No person seeking election to the Governing Body shall be nominated as member under sub- clause (v) of clause (c) of sub- regulation (1).
(b)	If no person in available for any particular category for being elected or nominated as a member of the Governing Body, such vacancy shall remain unfilled.
(c)	A member of the teaching staff shall not seek election to the Governing Body otherwise than as a representative of the members of the teaching staff. Provided that no member of the teaching staff shall be a voter and shall seek election unless he has put in at least one year's continuous service in the Intermediate College before the day of election.

Notwithstanding anything contained in the foregoing sub-regulations, in exceptional circumstances special type of Governing Body may be constituted for an individual College with the approval of the Board and the Government.

The Chairman of the Governing Body shall preside over the meeting of the Governing Body and, in the absence of the Chairman, the members present shall elect one of them to preside over the meeting.

Five members shall form a quorum. Provided that in the case of the Governing Body of an Intermediate College having School Section, the number of members forming a quorum shall be six.

No act or proceeding of the Governing Body- shall be invalid merely on the ground of existence of any vacancy in, or any defect in the constitution of, the Governing Body.

Right to vote at the election- The right to vote for the purposes of elections under regulation 4 shall be subject to the following conditions, namely:-

(1)	the number of votes to be exercised by a voter of a category shall be equal to the number of representatives to be elected under that category;
(2)	a founder shall be a voter for his life time;
(3)	a donor shall cease to be a voter if he ceases to make the donation;
(4)	a guardian having more than one ward shall be considered to be one voter;
(5)	no person shall seek election to the Governing Body from more than one category.

Nationality of members of Governing Bodies- The members of the Governing Body shall be nationals of Bangladesh and domiciled in Bangladesh. This provision shall not apply to the Colleges having special type of Governing Bodies constituted under sub-regulation (4) of regulation4.

Disqualification for being a member of a Governing Body- No person shall be, or continue to be, a member of the Governing Body-

(a)	if he takes part in, or assists in any way, any activity subversive of the State;
(b)	if he is or has been convicted in a court of law of any offence involving moral turpitude;
(c)	if he fails to attend three consecutive meetings without leave of absence granted by the Chairman of the Governing Body;
(d)	if he is an employee of the College other than a member of the teaching staff; or
(e)	if he ceases to represent the category of voters from which he was elected.

The term of Governing Body-

(1)

The term of a Governing Body shall be a period of three years commencing on the day of its first meeting after its constitution but a member of teaching staff elected as member of the Governing Body shall hold office for a period of one year.

Provided that, notwithstanding the expiration of its term, a Governing Body shall continue to function until the first meeting of the Governing Body constituted to succeed it.

(2)

The Governing Body shall, after its constitution, hold its first meeting on such date, not later than thirty days from the date of expiration of the term of the existing Governing Body or, as the case may be, ad-hoc Governing Body as may be notified by the Member-Secretary with the approval of the Chairman of the Governing Body.

Casual vacancy-

(1)

A casual vacancy occurring during the term of a Governing Body shall be filled up-

(a)	in the case of an elected member, by inclusion of the person who secured the second highest number of votes in the election in the same category, Provided that in the case of non-availablity of a person under this clause, the Governing Body may, if it deems fit, co-opt a member,
(b)	in the case of a nominated- member, by fresh nomination.

(2)

A member included in or nominated or co-opted to a Governing Body- under sub-regulation (1) shall hold office for the period for which the casual vacancy has occurred or for the unexpired portion of the term of the Governing Body, as the case may be.

10.

Organizing Committee and Executive committee-

(1)

A newly established Non-Government Intermediate College seeking recognition of the Board shall have an Organizing Committee which shall, while applying for recognition, suggest to the Board for its approval the composition of an Executive Committee consisting of not more than seven members including the Principal and one representative of the members of the teaching staff. The Deputy Commissioner concerned or an Additional Deputy Commissioner or Subdivisional Officer nominated by the Deputy Commissioner shall be the Chairman of such Executive Committee.

(2)

An Executive Committee approved by the Board under sub-regulation (11 may exercise all powers and perform all functions-of the Governing Body for a period not exceeding one year Irom the date of its approval and the primary function of the Executive Committee shall, apart from carrying on the day today administration of the College, be to constitute the regular Governing Body in accordance with the provisions of these regulations within the said period of one year.

11.

Dissolution of a Governing Body-

(1)	The Board shall have the power to dissolve a Governing Body on the grounds of inefficiency, financial irregularity, mismanagement and for similar other reasons on the specific re commendation of the Divisional Commissioner or if the Board is satisfied that the Governing Body has failed to maintain discipline or to conduct the affairs of the College according to the general or specific instructions issued by the Board.
(2)	Before dissolving a Governing Body in pursuance of sub-regulation (1) the Board shall call upon .the Governing Body to show cause as to why it shall not be dissolved. The Governing Body shall submit its or his explanation to the show cause notice within thirty days from the date of receipt of such notice.
(3)	A Governing Body dissolved by the Board shall cease to function from such date as may be specified by the Board.

12.

Ad-hoc Committee of Intermediate Colleges-

(1)

On the dissolution of the Governing Body or on the failure of the existing Governing Body before the expiry of its term, the Board shall constitute an Ad- hoc Committee for a period not exceeding six months.

(2)

The Ad-hoc Committee shall consist of the following members, namely

(a)

Chairman- for Colleges located in the district headquarters, the Deputy Commissioner concerned, ex-officio, and for Colleges located outside the district headquarters, the Deputy Commissioner concerned or an Additional Deputy Commissioner or Subdivisional Officer nominated by the Deputy Commissioner :

Provided that, in special cases, the Deputy Commissioner may, with the approval of the Commissioner, nominate a local distinguished person interested in education as Chairman.

(b)

Member-Secretary- The Principal of the College, (ex-officio).

(c)

Members-

(i)	one person to be nominated by the Chairman of the Board
(ii)	One member of the teaching staff to be nominated by the Director of Public Instruction and
(iii)	one guardian to be nominated by the Deputy Commissioner concerned.

(3)

The Ad-hoc Committee shall, apart from carrying on the functions of the Governing Body, reconstitute the regular Governing Body in accordance with the provisions of these regulations before the expiry of its term.

13.

Powers and function of a Governing Body- The Governing Body shall have power-

(a)	to appoint, subject to the conditions, if any, imposed by the Board, the Principal, members of the teaching staff, Physical Instructors, Librarians, Demonstrators and Laboratory Assis tants;
(b)	to sanction posts and determine the terms and conditions of service of the clerical and other staff, the power of appointment to such posts and the power to take disciplinary action against such employees being left with the Principal;
(c)	to dismiss, remove or reduce in rank a member of the teaching staff; Provided that no such action shall be given effect to without such member being given chance of being heard in person and without the prior approval of the Board;
(d)	to grant leave, monetary advances, bonus or gratuity to persons appointed by it: Provided that the Principal shall nave the power to grant leave to the staff he appoints, but in matters of financial commitments he shall have to obtain the prior sanction of the Governing Body;
(e)	to dispose of by sale the worn-out or obsolete equipments, tools, tents, furniture, apparatus and old and worn-out books, the sale-proceeds whereof shall be credited to the general fund of the Intermediate College;
(f)	to write off the value of a thing mentioned in clause (e) up to a limit of Taka 500;
(g)	to write off unrealizable fees and fines;
(h)	to sanction expenditure on the purchase, acquisition, construction and repairs of books, equipment, lands, buildings and structures for running the Intermediate College efficiently;
(i)	to levy on students compulsory fees for athletics and other corporate activities such as, common room, magazines and the like;
(j)	to prepare a list of holidays within the limits laid down by the Board;
(k)	to fix the number of full-free and half-free studentships and to determine the extent of other financial assistance to deserving students, the awards of such free-studentship or other financial assistance shall be made by a committee consisting of the Principal and two teachers appointed by the Governing Body;
(l)	to decide cases of disciplinary matters;
(m)	to create and maintain such funds as may be considered necessary;
(n)	to ensure financial solvency of the Intermediate College;
(o)	to prepare annual budget of the Intermediate College, to control expenditure under the budgets and to examine and pass the accounts to the Intermediate College;
(p)	to consider, examine and initiate projects, if any, for the improvement of the Intermediate College;
(q)	to arrange for the audit of the accounts of the Intermediate College;
(r)	to consider all communications from the Board and the Government and to take necessary action on such communications;
(s)	to perform such other duties as may be entrusted to it, from time to time, by the Board or the Government.

14.

Finance Committee- The Governing Body may appoint a Standing Finance Committee which shall meet at least once in every month and examine the monthly accounts of the Intermediate College.

15.

Non-interference by the Governing Bodies- The Governing Body shall not-

(a)	interfere with the principal in the day- to-day administration of the Intermediate College or in the purely academic matters which should be left to the Principal and the member of the teaching staff;
(b)	interfere with the admission of students into the Intermediate College or with the promotion or detention of students or sending up of candidates for matters left exclusively to the discretion of the Principal.

16.

Mode of election of representatives of the teaching staff-

(1)	At least ten days before the expiry of the term of a teacher as member of the Governing Body, the Chairman of the Governing Body shall fix a date for holding election of the representatives of the teaching staff to the Governing Body. The election shall be held at a meeting of the teaching staff of the Intermediate College enrolled as voters to be presided over by the Principal.
(2)	The Principal shall send to all members of the teaching staff including tHe Physical Instructor and Demonstrators, intimation of the date fixed for the election at least seven clear days before the date so fixed.
(3)	The Principal shall call upon the members of the teaching staff as may be present at the meeting to submit to him their nominations not later than such time as may be fixed by him after which no nomination shall be accepted. A member of the teaching staff may propose in writing duly seconded by another member of the teaching staff, the names of not more than two other members of the teaching staff of the Intermediate College for the election and such proposal shall be handed over to the Principal within the time specified for the purpose. The Principal shall then draw up a list of the nominees and announce their names.
(4)	If the number of nominees be not more than two, the nominees shall be declared by the Principal as elected.
(5)	If the number of nominees exceeds two, the Principal shall call upon the members of the teaching staff present to proceed to elect two members of the teaching staff in the following manner, namely - The Principal shall supply each member of the teaching staff with a piece of blank paper initialed by him at the meeting and such paper shall serve as ballot Paper. Each members of the teaching staff who intends to vote shall then write down on the ballot paper the name or names of the nominee or nominees (not exceeding two) for whom he votes and personally hand it over to the Principal. The member of the teaching staff shall not sign his own name on the ballot paper. If any ballot paper contains more than two names or bears the signature of the voter it shall be rejected.
(6)	The votes shall be counted by the Principal in the presence of the voters immediately after the election. The two candidates who secure the highest number of votes, shall be declared by the Principal as elected.
(7)	If at, any election two or more candidates secure the same number of votes the choice between such candidates shall be determined by the Principal by drawing of lots.
(8)	The Principal shall have full powers to dispose of all points raised in the course of an election and his decision on such points shall be final.

17.

Mode of election of representatives of Guardians-

(1)	At least thirty days before the expiry of the term of the Governing Body, there shall be held, on a date to be fixed by the Chairman of the Governing Body or any other person authorized by him in that behalf, an election to elect representatives of guardians to its Governing Body.
(2)	The Principal shall send to all the guardians intimation of the date fixed for the election at least 30 clear days before such date. Only those who are guardians of students on the roll of the Intermediate College on the date of sending out the intimation, shall be entitled to participate at the election and the Principal shall draw up a list of such guardians and hang up on the Notice Board of the Intermediate College for the information of all concerned. In case of a dispute arising as to guardianship of a student it shall be decided by the Chairman of the Governing Body.
(3)	On receipt of the intimation, any guardian may propose in writing, the names of two other guardians for election as representatives of the guardians on the Governing Body by sending to the Principal at least 20 days before the date of election the names and addresses of the candidates proposed, together with (a) a brief statement of their qualifications, and (b) an intimation from each of the candidates signifying his willingness to contest the election. The Principal shall then cause a list of the nominees together with a statement of their qualifications to be circulated amongst the guardians on the Electoral Roll, not less than 10 days before the date of election.
(4)	If the number of nominees be equal to or less than the member of guardians to be elected the nominees or nominee shall be declared by the Principal, with approval of the Chairman of the Governing Body, as elected.
(5)	The election shall be held by means of secret ballot and shall take place at a meeting of the guardians to be presided over by the Chairman of the Governing Body or by an officer authorized by him in this behalf hereinafter referred to as the "Presiding Officer".
(6)	Every guardian shall have one vote for each vacancy and he may vote for a candidate of his choice by putting a cross mark (x) against the name of such candidate on the ballot paper as set out in the annexure to these regulations. Vote by proxy shall not be allowed, but an absentee guardian may contest the election as a candidates.
(7)	A scrutinizer shall count the votes in the presence of the candidates and shall submit his report to the Presiding Officer. The two candidates who secures the highest number of votes shall be declared by the Presiding Officer as elected. If, at any election two or more candidates secure the same number of votes, the choice between such candidates shall be determined by the Presiding Officer by drawing of lots.
(8)	The Presiding Officer shall have full powers to dispose of all points raised in the course of an election and his decision on such points shall be final.

18.

Mode of election of representatives of founders and donors-

(1)

At least thirty days before the expiry of the term of the Governing Body there shall be held on a date to be fixed by the Chairman of the Governing Body, an election to elect the representatives of founders and donors of the Intermediate College to its Governing Body.

(2)

The Principal shall draw up a list of founders and donors of the Intermediate College and submit the same to the Chairman of the Governing Body and shall also send a copy of the list to the founders and donors of the Intermediate College.

(3)

(a)

If the number of founders be one, the Principal, with the approval of the Chairman of the Governing Body, shall declare him elected as member of the Governing Body; but if the number exceeds one, the Principal shall hold an election on such date and in such manner as the Chairman of the Governing Body may determine and shall, with the approval of the Chairman declare the person receiving the highest number of votes as elected to the Governing Body.

(b)

If the number of donors be one, the principal with the approval of the Chairman of the Governing Body, shall declare him elected as member of the Governing Body; but if the number of donors exceeds one, the Principal shall hold an election on such date and in such manner as the Chairman of the Governing Body may determine and shall with the approval of the Chairman, declare the person receiving the highest number of votes as elected to the Governing Body.

(4)

A voter shall put a cross mark (x) against the name of the candidate for whom he votes and he shall not record his vote in favor of more than one candidate. If he does so, the ballot paper shall be rejected.

(5)

If a cross mark is put on a ballot paper in such a position that there is an uncertainty as to the candidate for whom it is intended, the vote indicated by such cross mark shall be treated as invalid.

19.

Communication of the names of the elected Members of the Governing Body to the Board- Immediately after the completion of the constitution or reconstitution, as the case may be, of the Governing Body, the names and particulars of the members thereof including the Chairman shall be hung up on the Notice Board of the College and shall also be sent to the Board by the Principal through the Chairman of the Governing Body.

20.

Procedure for conducting meetings of the Governing Body-

(1)	The meetings of a Governing Body may be held as frequently as may be deemed necessary, but not less than four meetings (except emergency and special meetings) shall be held during a year at reasonable intervals.
(2)	The date for a meeting shall be fixed by the Member-Secretary in consultation with the Chairman of the Governing Body.
(3)	A notice of seven days together with the agenda for the meeting shall be issued by the Member-Secretary to the members including the Chairman of the Governing Body under registered cover by post or through a messenger of the Intermediate College.
(4)	Not less than two-thirds of the members of the Governing Body may, by at least seven days' notice in writing, give requisition for a special meeting of the Governing Body and when a requisition for such a meeting is received by the Member-Secretary, he shall, within fifteen days from the date of the receipt of the requisition, convene a special meeting of the Governing Body.
(5)	Emergency meetings of a Governing Body may be held at twenty-four hours' notice in writing and such meetings may be held even during vacation.
(6)	The Chairman of the Governing Body may also convene a meeting of the Governing Body.
(7)	The Member-Secretary shall maintain a minute book in which the proceedings of the meetings of the Governing Body shall be recorded and the confirmation of the proceedings of any previous meeting shall be initialed by the Chairman and the Member-Secretary at the next meeting.

21.

Audit-

(1)	The accounts of an Intermediate College shall be audited annually by an auditor appointed by the Governing Body for the purpose. The Auditor shall audit accounts of the Intermediate College of the previous year and submit his report to Governing Body and also forward a copy of such report to the Board. The audit fees shall be paid out of the fund of the Intermediate College.
(2)	The audited report of the accounts of the Intermediate College shall be taken into consideration at the first ordinary meeting of the Governing Body next following receipt of the report.

22.

Exemption- The Board may, subject to such conditions, if any, as it thinks fit to impose, exempt any class of Intermediate Colleges from the operation of all or any of the provisions of these regulations.

23.

Transitional provision- Notwithstanding anything contained in these regulations, the existing Governing Body or Ad-hoc Governing Body of an Intermediate College shall continue as such for further period of three months from the date of commencement of these regulations and shall constitute a regular Governing Body in accordance with the provisions of these regulations. In case a regular Governing Body is not constituted within the said period of three months, a new Ad-hoc Governing Body shall be constituted in the manner laid down in regulations 12.

24.

Reference to the Board in matters not covered by these regulations- Any matter not covered by these regulations shall be referred to the Board and the Board may refer the matter to the Government-whose decision on the matter shall be final.