| Secondary Schools |
 |
| Managing Committee |
Notification No. 102C/Est/73, dated 5th March, 1977 published In the Bangladesh Gazette, March 24, 1977.
And Amendments published In the Bangladesh Gazette dated November 5, 1981; October 2O, J983; May 17, 1984. |
| In exercise of the powers conferred by section 39 of the Intermediate and Secondary Education Ordinance, 1961 (E.£. Ord, XXXIII of 1961), and in supersession of the Board of Intermediate and Secondary Education, Dhaka (Managing Committee of the Recognised Non-Government Secondary Schools) Regulations, 1973, the Board - of Intermediate and Secondary Education, Dhaka is pleased to make the following regulations, namely:- |
| THE BOARD OF INTERMEDIATE AND SECONDARY EDUCATION, DHAKA (MANAGING COMMITTEE OF THE RECOGNISED , NON-GOVERNMENT SECONDARY SCHOOLS) REGULATIONS, 1977. (With amendments dated 14-11-85, 31-3-86. 22-2-88, 6-2-89 (two circulers) and 31-12-91.) |
| 1. |
| (1) |
These regulations may be called the Board of Intermediate and Secondary Education, Dhaka (Managing Committee of the Recognised Non-Government Secondary Schools) Regulations, 1977. |
| (2) |
These shall come into force at once. |
|
| 2. |
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) |
"Committee" means the Managing Committee of a recognised Non- Government Secondary Schools constituted under these regulations; |
| (c) |
"Chairman" means the Chairman of the Committee; |
| (d) |
"Guardian" means &. person having the care of a student studying at a Secondary School;
Provided that no student shall be deemed to be his own guardian; |
| (e) |
"Member" means a member including the Chairman and Vice-Chairman of the Committee; |
| (f) |
"School" means a Secondary School. |
|
| 3. |
The management of a recognised Non- Government Secondary School shall vest in the Committee. |
| 4. |
| (1) |
Subject to the provision of regulation 5, the Committee shall consist of the following members, namely: |
| (a) |
Chairman: |
| (i) |
for Schools located in the district headquarters- the Deputy Commissioner concerned or an Additional Deputy Commissioner or Magistrate or Upa-Zilla Nirbahi Officer nominated by the Deputy Commissioner; |
| (ii) |
for Schools located outside the district headquarters- the Upa-Zilla Nirbahi officer concerned;
provided that in special cases, the Board may, with the approval of the Government, nominate a local distinguished person interested in education as Chairman for any School located anywhere within the jurisdiction of the Board. |
|
| (b) |
Member-Secretary :
The Headmaster or the Headmistress of the School (ex-officio) |
| (c) |
Members: |
| (i) |
two teachers to be elected by the teachers of the School from amongst themselves; |
| (ii) |
four guardians to be elected by the guardians of the students of the School from amongst themselves; |
| (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) |
one person interested in education to be nominated by the Deputy Director, Secondary and Special Education, Dhaka Division, Dhaka. |
| (vi) |
Three representatives (two from Upa-Zilla Council one from Upa- Zilla Central Co-operative Society) in case of Community Schools only. |
|
|
| (2) |
There shall be a Vice-Chairman of the Committee who shall be elected by the members from amongst themselves. The Member-Secretary and the teachers elected as members shall not be eligible for election as Vice-Chairman. The election of the Vice-Chairman shall be held in the first meeting of the Committee. The Vice-Chairman shall also act as the Honorary Treasurer of the School. |
| (3) |
| (a) |
No person seeking election to the Committee shall be nominated as member under sub-clause (v) of clause (c) of sub-regulation (1). |
| (b) |
A teacher shall not seek election to the Committee otherwise than as a representative of the teachers;
Provided that no teacher shall be a voter and shall seek election unless he has put in at least one year's continuous service in the School before the day of election. |
| (c) |
A guardian having more than one ward shall have only one vote. |
| (d) |
The guardians of students of primary unit, other than the primary units taken over by the government, attached to Secondary Schools which are run under ,the same management and administration shall be voters and shall be eligible to seek election to the Committee as member representing the guardians. |
| (e) |
Founder shall be a person whose contribution to the School at the time of Its establishment in cash or kind or both amounts to at least Taka fifteen thousand and includes: |
| |
| (i) |
a person whose name appears in the list of founders immediately before the commencement of these regulations; and |
| (ii) |
any person donating the minimum land required for the establish ment of the School. |
|
| The Founders shall be life voters and shall be eligible to seek election to the Committee as member representing the Founders. |
| (f) |
Any person donating at least Taka ten thousand at a time to the School shall be a donor and shall be a life voter; and any person contributing at least Taka five hundreds either in installments or at a time to the School at least six months before the election shall be a donor and shall be a voter for that election only. A donor shall be eligible to seek election to the committee as member representing the donors. |
|
|
| 5. |
| (1) |
The number of votes to be exercised by a voter of any category shall be equal to the number of representatives to be elected under that category. |
| (2) |
No person shall be entitled to seek election to the Committee from more than one category. |
| (3) |
If there be no person available from any particular category there shall be no representative from that category. |
| (4) |
No person other than a citizen of Bangladesh or domiciled in Bangladesh shall be a voter nor shall be elected as a member. |
|
| 6. |
| (1) |
The term of Committee shall be a period of three years commencing on the day of its first meeting after its constitution;
Provided that, notwithstanding the expiration of its term, a Committee shall continue to function until the first meeting of the Committee constituted to succeed it. |
| (2) |
The Committee 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 Committee or, as the case may be, Ad-hoc Committee, as may be notified by the Member- Secretary with the approval of the Chairman. |
|
| 7. |
| (1) |
The Board shall have the power to dissolve a Committee on the grounds of inefficiency, financial irregularity, mismanagement and for similar other reason on the specific recommendation of the Deputy Commissioner or the Deputy Director of Secondary and Special Education concerned or if the Board is satisfied that the Committee has failed to maintain discipline or to conduct the affairs of the School according to the general or specific instructions issued by the Board. |
| (2) |
Before dissolving a Committee in pursuance of sub-regulation (1) the Board shall call upon the Committee to show cause as to why it shall not be dissolved. The Committee shall submit its explanation to the show cause notice within thirty days from the date of receipt of such notice. |
| (3) |
A Committee dissolved by the Board shall cease to function from such date as may be specified by the Board. |
|
| 8. |
| (1) |
On the dissolution of the Committee or on the failure of the existing committee to re-constitute the Committee 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: |
| (i) |
for Schools located in the district headquarters- the De puty Commissioner concer ned or an Additional Deputy Commissioner or Magistrate or Upa-Zilla Nirbahi Officer nominated by the Deputy Commissioner; |
| (ii) |
for Schools located outside the district headquarters- the Upa-Zilla Nirbahi Officer concerned. Provided that, in special cases, the Board may, with the approval of the Government nominate a local distinguished person interes ted in education as Chairman for any School located anywhere within the jurisdiction of the Board. |
|
| (b) |
Member-Secretary:
Headmaster or Headmistress of the School (ex-officio), |
| (c) |
Members: |
| (i) |
one person to be nominated by the Chairman of the Board; |
| (ii) |
one teacher of the School to be nominated by the Deputy Director of Secondary and Special Education, Dhaka Division, Dhaka; |
| (iii) |
one guardian to be nominated by the Deputy Commissioner in respect of the Schools located in the district head quarters and the Upa-Zilla Nirbahi Officer in respect of the Schools located outside the district headquarters. |
|
|
| (3) |
Three members of the Ad-hoc Committee shall form a quorum for the purpose of the meeting of the Committee. |
| (4) |
Apart from carrying on the functions of the Committee, the primary duty of the Ad-hoc. Committee shall be to reconstitute the regular Committee in accordance with the provisions of these regulations before the expiry of its term. |
|
| 9. |
| (1) |
Election to the Committee of a School located in the district headquarters shall be conducted by a Presiding Officer appointed by the Deputy Commissioner concerned. Election to the Committee of a School located outside the district headquarters shall be conducted by a Presiding Officer appointed by the concerned Upa-Zilla Nirbahi Officer or by the Upa-Zilla Nirbahi Officer himself.
Provided that the election of teacher representatives to the Committee shall be conducted by the Headmaster of the School concerned. |
| (2) |
At least sixty days before the expiry of the tern of the Committee, the Chairman shall take necessary steps for holding election for reconstitution of the Committee. |
| (3) |
A provisional voter's list of all categories shall be prepared by the Headmaster of the School and placed before the Committee at least forty two days before the date of election for approval of the Committee. |
| (4) |
Subject to the provisions of clause (c) of sub-regulation (3) of regulation 4, the guardians of all students whose names occur on the attendance register of pupils of the School on the date of the meeting of the Committee referred to in sub-regulation (3) shall be enrolled as voters. |
| (5) |
When the provisional voters' list is approved by the Committee, it shall be read out in all classes on the next working day for information of the voters through the students and the same shall also be hung up on the Notice Board of the School for the information of all concerned. This shall be treated as the publication of the provisional voters' list. |
| (6) |
Application for alteration or revision of the provisional voters' list shall be made to the Headmaster within five days of the date of publication of such list. |
| (7) |
If there is any dispute as to the guardianship of any individual student the decision of the Chairman shall be final. |
| (8) |
Within three days of the expiry of the date of receiving application for alteration or revision, the provisional voters' list shall be finalized by the Committee at a meeting after disposing of all applications for its alteration or revision. |
| (9) |
The voters' list thus finalised shall be read out in all classes on the next working days and hung up on the Notice Board of the School for the information of all concerned and kept there for three days from the date it is so hung up. This shall be treated as the publication of the final voter's list. |
| (10) |
Nominations in the form annexed to these regulations in sealed covers for election as members of the Committee from all categories concerned duly proposed and seconded by enrolled voters shall be received by the Headmaster up to the seventh day after the date of publication of the final voters' list, the last date for the receipt of the nominations being notified in the classes and hung up on the Notice Board of the School on the day following the date of such publication. |
| (11) |
Scrutiny of the nominations shall be completed by the Presiding officer in the presence of the candidates or their representatives, if any, on a specified date which shall not be later than three days from the last date for the submission of the nomination papers. The results of the scrutiny shall be intimated in writing to the candidate within two days after the date of such scrutiny and shall also be simultaneously notify in the classes and hung up on the Notice Board of the School. As to the validity of the nomination papers the decision of the Presiding Officer shall be final. |
| (12) |
Nomination papers may be withdrawn within three days of the publication of the results of scrutiny of the nomination papers. |
| (13) |
If, on scrutiny of the nomination papers, it is found that the number of valid nominations in a particular category or categories is equal to or less than the number of seats in such category or categories, the person or persons validly nominated shall be declared elected by the Presiding Officer. |
| (14) |
The notice specifying the date and hour of election shall be hung up by the Headmaster on the Notice Board of the School and shall also be circulated in the class at least seven clear days before the date of the election. |
| (15) |
Publication of all notices relating to the election on the Notice Board of the School and their circulation in the classes shall be deemed to be adequate publication of the same for the purpose of the election. |
| (16) |
The Presiding Officer shall hold the election between 10 a. m. and 4 p. m. in the school premises. |
| (17) |
The election shall be held by means of secret ballot. |
| (18) |
The result of election shall be declared immediately after counting of the votes on the spot. In the case of equality of votes, the decision shall be made by drawing of lots. |
| (19) |
Records of election containing the number of votes secured by each candidate duly signed by the Presiding Officer shall be preserved as records till the expiry of the term of the Committee. |
| (20) |
Complaints, if any, regarding election shall within three days of the election, be made to the Deputy Commissioner concerned with a copy to the Board and the Headmaster. The Deputy Commissioner concerned shall, within thirty days of the receipt of the complaint, dispose of the same either by confirming or setting aside the election with intimation to the Board and the Headmaster. |
| (21) |
The names of persons elected against the categories they represent shall be forwarded by the Headmaster within three days from the date of the election along with a copy of the proceedings to the Board. |
| (22) |
If an election is set aside by the Deputy Commissioner concerned under sub- regulation (20), the person whose election has been set aside shall cease
to be a member from the date of receipt of such intimation by the Headmaster. In such case, the re-election shall be held within thirty days from the date the person ceases to be a member in the manner prescribed by these regulations on the basis of the final voters' list as referred to in sub- regulation (9). |
|
| 10. |
In the case of a newly established School, the person or persons establishing the School, while applying for recognition, shall suggest the composition of an Executive Committee consisting of not more than nine members for the approval of the Board. The Board may approve the Executive Committee for functioning as the Committee of the School for a period not exceeding one year from the date of approval. |
| 11. |
No person shall be, or continue to be, a member- |
| (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 for offences involving moral turpitude; |
| (c) |
if he is an employee of the School other than a teacher; or |
| (d) |
if he fails to attend three consecutive meetings without leave of absence granted by the Chairman. |
|
| 12. |
| (1) |
The Chairman or, in his absence, the Vice-Chairman shall preside over the
meetings of the Committee. In the absence of the Chairman and the Vice-Chairman, the members present shall elect one from amongst themselves, other than a teacher member and the Member-Secretary, to preside over the meeting. |
| (2) |
Five members shall form a quorum (Other than Community Schools). |
| (3) |
In case of Community Schools, seven members shall form a quorum. |
| (4) |
The Committee shall hold at least four meetings in a year at reasonable intervals. The date and time of each meeting shall be fixed by the Member- Secretary in consultation with the Chairman. The Chairman ' may also convene a meeting of the Committee. A seven days' notice shall be given for a meeting. |
| (5) |
Emergent meetings may be convened by the Member-Secretary in consultation with the Chairman for which not less than twenty-four hours notice shall be given. All resolutions passed at an emergent meeting shall be subject to confirmation at the next ordinary meeting. Meeting may be held during school vacation in emergent circums tances. The Chairman may also convene an emergent meeting. |
| (6) |
Not less than two-thirds of the members may, by notice in writing, give requisition for a special meeting of the Committee and when a requisition for such a meeting is received by the Member-Secretary, he shall, within fifteen days from the date of receipt of the requisition, convene a special meeting of the Committee. |
| (7) |
The notice for a meeting of the Committee shall set forth the business to be transacted at the meeting in the form of agenda and no business other than those included in the agenda shall be transacted except with the consent of two-thirds of the members present.
Provided that no matter involving the appointment or dismissal of a teacher or expulsion or rustication of a student shall be taken up unless the matter has been placed in the agenda issued with the notice of the meeting.
Provided further that when any business not included in the agenda is considered at the meeting, the decision taken thereon shall be communicated forthwith to all the members and the subject may be re-opened at the next meeting. |
| (8) |
The Chairman or the person presiding over a meeting shall have and exercise a second or casting vote, in every case of equality of votes. |
| (9) |
The Member-Secretary shall keep record of the proceedings of the meetings of the Committee in a bound book kept for the purpose. The proceedings of each meeting be confirmed at the subsequent meeting and initialled both by the Member- Secretary and the Chairman. |
| (10) |
All meetings shall be held at the School premises. |
|
| 13. |
Notice for cessation of membership shall be given to the member concerned in writing by the Member-Secretary under intimation to the Board. |
| 14. |
Casual vacancies occuring during the term of Committee shall be filled up in the case of elected members, other than teachers, by the person securing the next highest votes in the category concerned in the preceeding election; in the case of nominated member by fresh nomination and in the case of teachers by fresh election. A member filling in a casual vacancy shall hold office for the unexpired term of the Committee. |
| 15. |
The Committee shall open an account in the name of the School either with the postal Savings Bank or with any scheduled bank. An amount exceeding Taka three hundred belonging to the School shall be deposited in the account. The bank account of the School shall be operated under the joint signature of the Vice-Chairman and Member- Secretary. In the absence of the Vice-Chairman, the account may be operated by the Member- Secretary jointly with a member of the Committee nominated by the Committee for the purpose |
| 16. |
| (1) |
The Headmaster shall be in-charge of the School funds, title deeds and other legal documents and all other records relating to the School. |
| (2) |
The Headmaster shall be the academic head of the School in the day to day administration with which the member shall not interfere, particularly, in matters relating to admission of students, class promotion, selection of candidates for the examinations of the Board, preparation of the time-table and any other matters relating to academic affairs of the School. Promotion and selection of candidates for the examinations of the Board shall be decided by the Headmaster in consultation with the teachers in a meeting. |
|
| 17. |
| (1) |
The Deputy Director of Secondary and Special Education shall appoint annually, for every recognised School an auditor who shall audit the School accounts of the previous year and submit his"report to the Committee on or before the 31st March every year with a copy forwarded to the Deputy Director of Secondary and Special Education. |
| (2) |
The audit report on the School accounts shall be taken into consideration at the first ordinary meeting of the Committee following receipt of the report. The audit fees shall be paid by the School concerned. |
|
| 18. |
| (1) |
The Committee shall have power to- |
| |
| (a) |
raise and manage funds and create endowments for the School; |
| (b) |
appoint, suspend, dismiss and remove teachers; |
| (c) |
grant leave other than casual leave; |
| (d) |
approve annual budget including development budget dealing with all schemes of development; |
| (e) |
award free studentships ordinarily on the recommendation of the Teachers' Council of the School; |
| (f) |
approve the list of holidays; |
| (g) |
deal with other relevant matters that may be brought before it for consideration; |
| (h) |
provide adequate accommodation for the students and make all possible efforts to provide residential accommodation for the staff; |
| (i) |
provide lands, buildings, playgrounds, books, laboratories, equipments, scientific appliances and other teaching materials; |
| (j) |
create and maintain- |
| (i) |
Reserve Fund |
| (ii) |
General Fund |
| (iii) |
Building Fund |
| (iv) |
Games Fund |
| (v) |
Library Fund |
| (vi) |
Prize Fund |
| (vii) |
Provident Fund |
| (viii) |
Examination Fund |
| (ix) |
Gratuity Fund |
| (x) |
Benevolent Fund, and |
| (xi) |
Any other fund that may be considered necessary |
|
| (k) |
act as custodian of the School properties; |
| (l) |
keep in good condition the School buildings, playgrounds and other School properties; |
| (m) |
ensure regular payment of salaries and allowances to the teachers and other employees by the first week of every month; |
| (n) |
ensure smooth and satisfactory functioning of the School; |
| (o) |
write off irrecoverable or bad debts, dispose of worn-out equipments and appliances and make payment of liabilities; and |
| (p) |
organize, in co-operation with the Headmaster and other teachers, , pre-session conference in which activities of the past year's will be reviewed and the next year's discussed. |
|
| |
Note : - 1. No decision regarding shifting of the School and changing of the name of the School shall be given effect to without the prior approval of the Board.
2. No decision regarding removal, discharge or dismissal of the Headmaster and other teachers shall be given effect to without the prior approval oj the Board. |
| (2) |
The Committee shall exercise powers and perform functions under sub- regulation (1) in accordance with such rules, regulations and instructions as may be issued from time to time by the Board. |
|
| 19. |
The Committee may appoint such sub committees as it may deem necessary fpr carrying out its duties and functions. There shall, however, be a standing Finance Sub-Committee whose function shall inter alia, be to examine the monthly accounts of the School. The Finance sub-Committee shall meet at least once a month. |
| 20. |
| (1) |
Notwithstanding anything contained in sub-regulation (2) of regulation 4 and subject to the provisions of sub- regulation (2), the Committee of the Schools run in accordance with the terms of any endowment or trust or any other bodies, such as missionary or educational societies, cantonments, railways, municipalities and other bodies corporate, shall consist of the following members, namely- |
| (a) |
Chairman
The Chief of the Organization or his nominee |
| (b) |
Member-Secretary
Headmaster or Headmistress of the School (ex-officio) |
| (c) |
Members- |
| (i) |
two teachers to be elected by the teachers of the School from amongst themselves; |
| (ii) |
two guardians to be elected by the guardians from amongst them selves; |
| (iii) |
three persons to be nominated by the Head of the Organisation concerned; and |
| (iv) |
two persons interested in education to be nominated, one by the Chairman of the Board and the other by the Deputy Director, Secondary and Special Education, Dhaka Division, Dhaka. |
| (v) |
Three more representatives- Two from Upa-Zilla Council & one from Upa-Zilla Central Co-operative Community Society in . case of Community Schools only. |
|
|
| (2) |
In exceptional circumstances. Special type of Managing Committee may be constituted, otherwise than in the manner specified in sub-regulation (1) with approval of the Board and the Government. |
|
| 21. |
Notwithstanding anything contained in these regulations, the existing Managing Committee, or Ad-hoc Committee of a School shall continue as such for a period of three months from the date of commencement of these regulations and shall constitute a Committee in accordance with the provisions of these regulations. In case, a Committee is not constituted within the said period of three months, a new Ad-hoc Committee shall be constituted in the manner laid down in regulations. |
| 22. |
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 in the matter shall be final. |
|
OBAEDUL HAQ
Secretary
Board of Intermediate and Secondary
Education, Dhaka |
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