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Bangladesh Open University Act, 1992

Act No.38 of 1992

An Act made to provide for the establishment of the Bangladesh Open University

Whereas it is expedient to provide for the establishment of an open university for the purpose of affording the poeple free and quick access to education up to all standards;

Now, therefore. it is herewith enacted as follows-

1. Short title.- This Act shall be called the Bangladesh Open University Act, 1992.

2. Definitions.- Unless there is anything repugnant in the subject or context, in this Act-

a) "Regional Center" means any center established and directed by the University in any region for the purpose of harmonizing, supervising the actions taken by the Board and harmonizing the various programmes of the Study Centers and the Co-operative Centers;
b) "Academic Council" means the Academic Council constituted under section 22;
c) "Commission" means the University Grants Commission of Bangladesh constituted by the University Grants Commission of Bangladesh Order, 1973 (P.O. No.10 of 1973);
d) "Authority" means any Authority under section 18;
e) "Treasurer" means the Treasurer appointed under section 15;
f) "Chancellor" means the Chancellor of the University;
g) "student" means any man or woman admitted as a student to the University for receiving an education;
h) "remote teaching" means imparting instruction by various means of communication, as for example correspondence, radio, television, seminars or contact programmes, or by combining two or more of these means;
i) "Regulation" means the Regulations made under this Act;
j) "Pro-Vice-Chancellor" means any Pro-Vice-Chancellor appointed under section 14;
k) "University" means the Bangladesh Open University established under this Act;
l) "University Regulation" means the University Regulations made under section 34;
m) "Board" means the Board of Governors constituted under section 19;
n) "Vice-Chancellor" means the Vice-Chancellor appointed under section 12;
o) "teacher" means any Professor, Assistant Professor, Associated Professor, Lecturer of the University and any other person recognized by the University as a teacher;
p) "School" means any School under section 23;
qu) "Study Center" means any center established, directed or recognized by the University for the purpose of helping students admitted to the University in their studies, and includes also any Co-operative Center recognized by the University for this purpose;
r) "Statutes" means the Statutes made under section 32.

4. Head office of the University.- The head office of the University shall be situated in Gajipur; but the University may, if it thinks fit so to do, establish and direct Regional Centers and Study Centers at any other place in Bangladesh.

5. Purpose of the University.- The purpose of the University shall be to spread multimedialy instruction of every standard, and knowledge, both general and scientific, by means of any kind of communications technology, to raise the standard of education and to give the people educational opportunities by democratizing education and to create a class of competent people by raising the standard of education of the people generally.

6. Powers of the University.- The University shall have the following powers, namely:-

a) to provide, under the pressure of national development, for facilities, scholarships and professional instruction in such fields of science as the University may think appropriate, and to provide for research;
b) to plan and make curricula for award of degrees, diplomas and certificates or any other purpose;
c) to hold examinations and to confer degrees, diplomas, certificates or other special honours or recognitions in the field of education to persons who have persued any curricula or finished any research work in accordance with the Statutes and Regulations of the University;
d) to confer honorary degrees or special honours in the manner prescribed by the Statutes;
e) to plan and disseminate courses of study including the giving of such lessons in education as may be required or the preparation of teaching aids or the conduct of other teaching programmes, and to create posts for Professors, Assistant Professors, Associated Professors, Lecturers and other teachers for the purpose of evaluating the works of students, and to make the requisite appointments to all these posts;
f) to offer co-operation to, and to seek co-operation with, other universities, institutions, professional organizations and institutes for any such purpose as the University may consider necessary;
g) to institute such fellowships, scholarships, prizes and rewards as the University thinks appropriate for the recognition of intellectual feats;
h) to establish and conduct Regional Centers in accordance with the decisions the University may take from time to time;
i) to prepare all kinds of aids including printed matter, films, cassets, tapes, video cassets and softwares;
j) to prepare refresher courses, workshops, seminars and other programmes for teachers, controlers of curricula, textbook writers and evaluators and the academic staff for the purpose of organizing and conducting courses of reading in education;
k) to consider whether or not the examinations and periods of lectures of other universities, institutions or any other chair of higher education are completely or partially equivalent to the examinations and periods of lectures of the University, and, such being the case, to recognize such examinations and periods of lectures; and, after due consideration, to withdraw such recognition;
l) to provide for research in, and the development of, educational techniques and anything relating thereto;
m) to create posts for administrative assistants and other requisite posts, and to make appointments to such posts;
n) to collect grants, contributions and donations in favour of the University, and to acquire, possess, hold in custody and allot any property, movable or immovable, including property of funds and the Government;
o) to mortgage, on consent of the Government, property of the University or to take loans in any other way in the interest of the University;
p) to enter into contracts, to carry out contracts, to alter conditions of contracts or to annul contracts;
qu) to demand and receive fees and other charges prescribed by the (University) Regulations;
r) to establish and maintain discipline among students and officers and employees of every class, and to set up and put into effect their rules of conduct;
s) to recognize any institution or chair of higher education for such purposes as the University may determine, and to withdraw such recognition at any time;
t) to appoint, by entering into a contract or in any other way, such unemployed Professors, Honarary Professors, Emerite Professors, advisors, research workers, scholars, artisans, lecturers and other persons as may further the objectives of the University;
u) to recognize, on such conditions as may be determined by the (University) Regulations, any person engaged in any other university, research institution or institute as a teacher of the University;
v) to evaluate examinations for admission of students to various courses of study of the University, and to determine the standards and method of any other examination, and to impose well-defined conditions thereon;
w) to do anything required for, and incidental to, the application of any or all the powers required for, or relevant to, the accomplishment of any or all the purposes of the University.

8. University open to all classes, creeds.- (1) The University shall be open to all men and women irrespective of their caste, creed, race, descent and class.
(2) Nothing contained in sub-section (1) shall be deemed to prevent the University from taking any special measure in case of appointing, or granting admission to, any woman or any person of a backward class of the society.

9. Teaching of the University.- (1) The University shall conduct various teaching programmes in the ways determined by the Statutes, and such ways shall include education and instruction by means of correspondance packages, films, cassets, television programmes, radio programmes, lectures, tutorials, discussions, seminars, inspections, exhibitions and by means of practical education and instruction including practical education in laboratories, workshops and on agricultural land.
(2) The Statutes shall determine the persons who are responsible for the conduct of such teaching.
(3) The curricula and syllabi of the University shall be prescribed by the (University) Regulations and Regulations respectively.
(4) There shall, if necessary, be made provision for instruction by means of supplementary tutorials in accordance with the conditions prescribed by the Statutes.

10. Officers of the University.- The University shall have the following officers, namely:-

a) the Chancellor;
b) the Vice-Chancellor;
c) the Pro-Vice-Chancellors;
d) the Treasurer;
e) the Registrar;
f) the Deans;
g) the Directors;
h) the Librarian;
i) the Controller of Examinations;
j) the Directors of the Regional Centers;
k) the University Technician;
l) and other officers as may be declared by the Statutes to be officers of the University.

12. The Vice-Chancellor.- (1) The Vice-Chancellor shall be appointed by the Chancellor for a period of four years and shall be considered eligible for reappointment for a further term of office.
(2) Notwithstanding anything contained in sub-section (1), the Vice-Chancellor shall hold office subject to the satisfaction of the Chancellor.
(3) Where any vacancy in the office of the Vice-Chancellor occurs by reason of leave, illness or any other cause, the Chancellor shall make such arrangements for carrying on the office of the Vice-Chancellor as he may think fit.

13. Powers and duties of the Vice-Chancellor.- (1) The Vice-Chancellor shall be a wholetime principal academic and administrative executive officer of the University and shall be ex officio Chairman of the Board, the Academic Council, the Finance Committee, the Works Committee and the Staff Affairs Committee, and he shall be entitled to be present at, and to participate in the proceedings of, the meetings of any Authority of the University; but he shall not be entitled to vote thereat, unless he is a member of the Authority concerned.
(2) The Vice-Chancellor shall convene, and preside over, the meetings of the Board, the Finance Committee, the Works Committee, the Staff Affairs Committee, the Disciplinary Committee and the Academic Council.
(3) In any emergency requiring the immediate action of the Vice-Chancellor, the Vice-Chancellor shall take such action and shall, within one week, report his action to the officer or Authority concerned.
(4) In case of the Vice-Chancellor not agreeing with the resolution of any Authority of the University, he may, after suspending the implementation of such resolution, refer the resolution, together with his views on it, back to the said Authority for reconsideration at the next regular meeting of the Authority concerned, and if such Authority continues to disagree with the Vice-Chancellor after such reconsideration, he may submit the case for decision to the Chancellor, and the decision of the Chancellor thereupon shall be final.
(5) The Vice-Chancellor shall, subject to this Act, the Statutes and the (University) Regulations, be responsible for the discipline at, and the management of, the University, and he shall give effect to the decisions of the Board concerning the dismissal, temporary removal from office of, and other punitive measures taken against, teachers, officers and subordinate employees of the University.
(6) The Vice-Chancellor may appoint, on a purely temporary basis, ordinarily for a period of not more than six months, teachers (excepting Professors), officers (excepting Pro-Vice-Chancellors) and administrative and subordinate employees and shall inform the Board about such appointments:
Provided that such appointments shall not be made to such offices as have not been approved by the Authorities concerned.
(7) The Vice-Chancellor may, with the approval of the Board, delegate such of his powers and duties as he may consider necessary to any officer of the University.
(8) The Vice-Chancellor may exercise also such other powers as are prescribed by the Statutes, the University Regulations and the Regulations.

14. Pro-Vice-Chancellors.- (1) The Chancellor may appoint, on such terms and conditions as he may determine and after consultation with the Vice-Chancellor, one or more Pro-Vice-Chancellors for a period of four years.
(2) No Pro-Vice-Chancellor shall be removed from office without an order passed by the Chancellor after consultation with the Vice-Chancellor.

15. The Treasurer.- (1) There shall be a Treasurer to the University, who shall, on such terms and conditions as the Chancellor may determine, after consultation with the Vice-Chancellor, be appointed by the Chancellor for a period of four years.
(2) The Treasurer shall exercise general supervision over the funds of the University and shall advice in regard to its financial policy.
(3) The Treasurer shall, subject to the control of the Board and the Vice-Chancellor, manage the property and investments of the University, and shall be responsible for the presentation of the annual budget estimates and statement of accounts.
(4) On the strength of the powers conferred to him by the Board, the Treasurer shall, subject to the approval of the Vice-Chancellor, be responsible for the financial discipline and the expenditures granted and allotted to the University in accordance with the University Regulations and the Regulations.
(5) All financial contracts shall be signed by the Treasurer on behalf of the University.
(6) The Treasurer may exercise such other powers as may be prescribed by the Statutes and the University Regulations.

16. The Registrar.- The Registrar shall act as Secretary of the Board and the Academic Council, and he may, on the strength of the powers conferred to him by the Board, sign all contracts, excepting financial contracts, including contracts relating to education, research and development, on behalf of the University, and he shall confirm the correctness of all records on behalf of the University.

17. Appointment of other officers, their powers etc. .- (1) All officers the manner of appointment of whom has not been provided for in this Act anywhere else shall be appointed by the Board in the manner prescribed by the Statutes.
(2) The officers appointed under sub-section (1) shall exercise such powers and perform such duties as may be prescibed by the Statutes, the University Regulations and the Regulations.

18. Authorities of the University.- The following shall be the Authorities of the University, namely:-

a) the Board;
b) the Academic Council;
c) the Schools;
d) the Curriculum Committee;
e) the Finance Committee;
f) the Works Committee;
g) the Staff Affairs Committee;
i) the Academic Planning Committee;
j) the Admission Committee;
k) the Equivalence Committee;
l) the Discipline Committee;
m) other Authorities stated by the Statutes.

a) the Vice-Chancellor, who shall also be its Chairman;
b) one Pro-Vice-Chancellor who shall be nominated on a rotational basis by the Chancellor;
c) the Treasurer;
d) the Secretary of Education of the Government;
e) the Secretary of Information of the Government;
f) one distinguished educationalist, not being a member of the University, one distinguished person from the world of commerce and two distinguished citizens, exercising a profession, to be nominated by the Chancellor;
g) two Deans from the Schools and two teachers of the University, to be nominated by the Board on recommendations of the Vice-Chancellor.

20. Powers and duties of the Board.- (1) The Board shall be the Chief Executive Body of the University, and it shall, subject to the provisions of this Act and the powers conferred on the Vice-Chancellor, have the general management and superintendance over all the affairs and properties of the University, and shall see to it that the provisions of the Statutes, the University Regulations and the Regulations are strictly observed.
(2) In particular and without prejudice to the generality of the powers to be exercised under sub-section (1), the Board-

a) shall acquire the property and collect the funds of the University, and shall hold, control and administer such property and funds;
b) shall determine the form, provide for custody and regulate the use of the common seal of the University;
c) shall, subject to the powers conferred on the Vice-Chancellor by this Act and in accordance with the provisions of the Statutes, the University Regulations and the Regulations, regulate and determine all matters relating to the University;
d) shall submit every year to the Commissioner a complete statement of the financial demands of the University, including a statement of all the wills received by the University;
e) shall administer any funds placed at the disposal of the University for specific purposes;
f) shall, unless otherwise provided for in this Act and the Statutes, appoint all the teachers, officers and other employees of the University, define their duties and conditions of service and provide for the filling of vacancies in their posts;
g) shall make, amend or repeal the Statutes;
h) shall, subject to the Provisions of this Act and the Statutes, make the University Regulations;
i) shall accept, on behalf of the University, wills and property, both movable and immovable, transferred in favour of the University;
j) shall make arrangements for the holding of, and the publishing of the results of, the examinations of the University;
k) shall, in accordance with the Statutes and on recommendations of the Academic Council, create posts for Professors, Assistant Professors, Associated Professors, Lecturers and other teachers and research workers;
l) may, subject to the conditions prescribed by the Regulations, delegate its powers regarding the appointment of clerks and other employees to any such person or Authority as it may determine;
m) shall perform such other duties and exercise such other powers as may be conferred and imposed on it by this Act and the Statutes;
n) shall exercise such other powers of the University as are not otherwise conferred on it by this Act and the Statutes.

22. Constitution of the Academic Council.- (1) The Academic Council shall consist of the follwing members, namely:-

a) the Vice-Chancellor, who shall also be its Chairman;
b) the Pro-Vice-Chancellor;
c) the Deans of the Schools;
d) the Professors;
e) the Librarian;
f) the Controller of Examinations;
g) ten members representing various educational and professional interests, to be nominated by the Chancellor on recommendations of the Vice-Chancellor;
h) ten members, in rank not below an Assistant Professor, to be nominated by the Board from the University, not being required to hold teaching offices and no less than three of them being regional directors.

23. The Schools.- (1) The University shall include Schools of Education, Management, Humanities, Hygienics, Agriculture and Rural Development, Arts and Crafts, General Science and Social Science, Schools for Woman Education, an Open School and such other Schools as may be established by the University.
(2) Every School shall, subject to the control of the Academic Council, be responsible for the conduct of teaching and research work in the subjects prescribed by the University Regulations.
(3) The constitution, powers and functions of the Schools shall be determined by the Statutes.
(4) There shall be one Dean to each School, who shall, subject to the control and general supervision of the Vice-Chancellor, be responsible for the strict observance of the Statutes, University Regulations and Regulations relating to the Schools.
(5) The Deans of the Schools shall, on recommendations of the Vive-Chancellor, be appointed by the Board from amongst the Professors of the University, and they shall hold office for a period of three years, and the Chancellor may, if there is no Professor for appointment as a Dean, recommend to the Board any suitable teacher for appointment to the said office.
(6) All academic matters shall be submitted to the Academic Council through the Schools.

24. Committee of Courses.- (1) There shall be one Committee of Courses for each subject or group of subjects, which shall be responsible for the preparation of courses and syllabi and the performance of such other functions as may be assigned to it under the Statutes and University Regulations.
(2) The constitution and period of office of Committees of Courses shall be determined by the Board.

25. Finance Committee.- (1) The Finance Committee shall consist of the following members, namely:-

a) the Vice-Chancellor, who shall also be its Chairman;
b) one Pro-Vice-Chancellor to be nominated on a rotational basis by the Vice-Chancellor;
c) four persons, not being required to be or to continue to be salaried members of the University and no less than two of them being experts in financial and administrative matters, to be nominated by the Board;
d) one Dean to be nominated by the Academic Council;
e) two members, being experts in financial and administrative matters, to be nominated by the Board.

a) supervise the income and expenditure of the University;
b) advise the Board on all matters relating to the funds, properties and accounts of the University;
c) discharge such other functions as may be prescribed by the Statutes.

a) the Vice-Chancellor, who shall also be its Chairman;
b) one Pro-Vice-Chancellor to be nominated by the Board;
c) four Deans to be nominated by the Board;
d) one architect, one technician and one finance expert to be nominated by the Board;
e) one technician to be nominated by the Ministry of Public Works.

27. Staff Affairs Committee.- (1) The Staff Affairs Committee shall consist of the following members, namely:-

a) the Vice-Chancellor, who shall also be its Chairman;
b) one Pro-Vice-Chancellor to be nominated by the Board;
c) two Deans to be nominated on a rotational basis by the Vice-Chancellor;
d) two experts in administrative matters, not being members of the University, to be nominated by the Vice-Chancellor.

28. Selection Board.- (1) There shall be a Selection Board for recommending appointments of teachers, officers and employees of the University and its regional centers and departments.
(2) The constitution, powers and functions of the Selection Board shall be determined by the Statutes.

29. Other Authorities of the University.- The constitution, powers and functions of other Authorities declared by the Statutes to be Authorities of the University shall be determined by the Statutes.

30. Discipline Board.- (1) There shall be a Discipline Board to the University.
(2) The constitution, powers and functions of the Discipline Board shall be determined by the Statutes.

31. The Statutes.- Subject to the provisions of this Act, the Statutes shall provide for all or any of the following matters, namely:-

a) the conferment of honorary degrees;
b) the institution of fellowships, scholarships and prizes;
c) the determination of the designations, powers, duties and conditions of service of the teachers, officers and employees of the University;
d) the determination of the constitution, powers and functions of the Authorities of the University;
e) the establishment of regional centers, schools, departments and institutes and their supervision; the provision of demonstrations for education and research and the development of their administration and management;
f) the mode of appointment of teachers, officers and other employees of the University;
g) the constitution of a pension, group insurance, benevolent fund and provident fund for the benefit of teachers, officers and employees of the University;
h) all matters which under this Act are to be or may be prescribed by the Statutes.

33. University Regulations.- Subject to the provisions of this Act and the Statutes, the University Regulations shall provide for all or any of the following matters, namely:-

a) the courses of study to be laid down for all degrees, diplomas and certificates of the University;
b) the general scheme of studies and the organization and preparation of courses of study;
c) all matters relating to tutorials and the giving of advice;
d) the conditions under which students shall be admitted to the examinations in the various degree, diploma and certificate courses of the University, and shall be eligible for degrees, diplomas and certificates;
e) the admission of students to the University;
f) the fees to be paid for the various courses of study in the University and for admission to the examinations of the University and the award of degrees, diplomas and certificates;
g) the constitution, powers and duties of the various committees of the University;
h) the conduct of examinations; and
i) all matters which under this Act or the Statuters may be prescribed by the University Regulations.

a) no (University) Regulation concerning the admission of students or the recognition of any examination as being equivalent to the examinations of the University or the determination of the eligibility for admission to the courses for degrees of the University shall be framed until the Academic Council has proposed a draft thereof;
b) no (University) Regulation affecting the conduct of examinations or the standard of examinations or courses shall be framed until the Academic Council has proposed a draft thereof in accordance with the proposals of the Schools concerned;
c) the Board may not amend any draft proposed by the Academic Council; but the Board may give advice to cancel or to amend, partially or completely, such draft and return it to the Academic Council.

35. Regulations.- (1) The Authorities of the University may make Regulations consistent with this Act, the Statutes and the University Regulation for the following purposes, namely:-

a) to lay down the procedures to be observed at their meetings and the number of members required to form a quorum;
b) to provide for all matters which are to be proscribed by the Regulations in accordance with this Act, the Statutes and the University Regulations;
c) to provide for all matters concerning such Authorities but not provided for by this Act, the Statutes and the University Regulations.

36. Admission to University courses.- (1) The admission of students to the University shall be regulated by an Admission Committee appointed for that purpose by the Vice-Chancellor, and the Admission Committee shall make rules for the admission of students in accordance with the advice given by the Schools.
(2) The University Regulations shall determine the conditions under which students are to be admitted to courses for degrees, diplomas and certificates of the University.

37. Examinations.- (1) The Controller of Examinations shall make all arrangements for the conduct of examinations in the manner prescribed by the University Regulations, and the Vice-Chancellor shall appoint all examinors in the manner prescribed by the said Regulations.
(2) If during the course of an examination any examiner is for any cause incapable to act as such, the Vice-Chancellor shall appoint another examiner to fill the vacancy.
(3) The Academic Council shall appoint Examination Committees consisting of members of its own body or other persons or both, as it thinks fit, to moderate examination questions, to prepare the results of the examinations and to report such results to the Academic Council for publication.

38. Conditions of service.- (1) Every salaried teacher, officer and employee 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, officer or employee concerned.
(2) The Vice-Chancellor, Pro-Vice-Chancellor and Treasurer shall hold office or shall be removed from service in accordance with the conditions of service. A salaried teacher, employee or officer of the University, exempting the three officers mentioned above, may be removed from service on grounds of neglect of duty, misbehaviour, moral turpitude, misappropriation of money, acts of terrorism, forgery or inefficiency:
Provided that the Authority which appointed him shall call for an explanation from him by a two weeks notice in writing. Such explanation not being satisfactory, the next Authority above it shall held an enquiry, and he shall be given opportunity to defend himself. The report of the enquiry shall be submitted within three months. The report of the enquiry not being satisfactory, he shall be removed from office or dismissed or punished in any other way. He shall be temporarily removed from office so long as the enquiry is being held and shall receive a subsistence allowance so long as he is removed from office. He may, in accordance with section 44, appeal (within one month) to the Chancellor against any punishment.

39. Annual report.- The annual report of the University shall be prepared under the direction of the Board and shall be submitted to the Chancellor on or before the 31th January of the following academic year.

40. Annual accounts.- (1) The annual accounts of the income and expenditure of the University shall be prepared under the diretion of the Board and shall be audited by the Auditor-General and Controller.
(2) The annual accounts together with copies of the audit report shall be submitted to the Commission.

41. Disputes to the constitution of University Authorities and bodies.- In the absence of any provision in this Act, the Statutes or the University Regulations, if any question arises whether any person is entitled to be a member of any Authority or other body of the University, the matter shall be referred to the Authority which had been responsible for the constitution of such Authority or body, and the decision of that Authority thereon shall be final.

42. Filling of casual vacancies.- If there occurs for any reason any casual vacancy among the members other than ex-officio members of any Authority or other body of the University, it shall, as soon as possible, be filled by the person or Authority who appointed or nominated the person whose place has become vacant, and the person appointed or nominated 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.

43. Proceedings of University Authorities or bodies not invalidatedby vacancies.- No proceeding of any Authority or body of the University shall be considered annulled or invalidated by reason of the existence of any vacancy among its members.

44. Appeals to Chancellor.- (1) Any person affected by an order of any Authority or officer of the University may, through the agency of the appropriate Authority, make an appeal against such order to the Chancellor who shall, on receipt of such appeal, send a copy of it to the Authority or officer concerned and shall give such officer or Authority an opportunity to show cause why the appeal should not be entertained.
(2) The Chancellor may forthwith reject the appeal,or he shall, either himself or through the agency of any Committee, after giving the petitioner opportunity for an hearing, decide, within two months, on the appeal.

45. Pension and provident fund.- The University may, in such manner and subject to such conditions as may be prescribed by the Statutes, pay such pension or gratuity and constitute such group insurance, benevolent fund and provident fund for the benefit of its teachers, officers and other employees as it may deem fit.

46. Amalgamation of the Bangladesh Institute of Distant Education (BIDE) with the University.- Immediately after commencement of this Act, the Bangladesh Institute of Distant Education (BIDE) shall be amalgamated with the University, and all its properties and duties and responsabilities shall be transferred to the University; and the officers and employees of the said Institute shall, subject to the provisions of sub-section (2), continue to be in service as officers and employees of the University:
Provided that every officer or employee who intends not to remain in service in the University shall, within a period of three months after the commencement of this Act, express his intention to this effect in writing to the Vice-Chancellor.
(2) Every officer or employee of the Bangladesh Institute of Distant Education who does not express the intention not to remain in service in the University under sub-section (1) shall be deemed to have been transferred together with his office to the University, and his service shall be regulated by the conditions of service of the officers and employees of the University.
(3) Every officer or employee of the said Institute who expresses his intention not to continue in service in the University may be obliged to continue in his appointment on such conditions as may be determined by the University.

47. Procedures.- Every Board or Committee constituted under this Act or under any Statute made under this Act shall determine the procedure of its meetings and its other procedures.

48. Removal of difficulties.- If any difficulty arises with respect to the functioning of the University or in connection with the first meeting of any Authority of the University or in first giving effect to the provisions of this Act, the Chancellor may by order make any appointment or do anything, consistant so far as may be with this Act and the Statutes, which appears to him necessary or expedient for the purpose of removing the difficulty, and every such order shall have effect as if such appointment or action had been made or taken in accordance with the provisions of this Act.
 
 

1. Definitions.- Unless there is anything repugnent in the subject or context, in these Statutes-

a) "Act" means the Bangladesh Open University Act, 1992 (Act No. 38 of 1992);
b) "Commission" means the University Grants Commission of Bangladesh constituted by the University Grants Commission of Bangladesh Order, 1973 (P.O. No. 10 of 1973);
c) "Authority" means any Authority referred to in section 18;
d) "section" means any section of this Act.

a) to create offices for Directors, Co-Directors, Assistant Directors, Directors of Regional Centers and other administrative officers and employees and to make appointments to all such offices;
b) to create , on recommendations of the Academic Council, fellowships and other posts relating to education and to make appointments to all such posts;
c) to manage and invest the money and properties of the University and to appoint such agents as may be required for the maintenance of the accounts and the management and supervision of the administrative activities relating thereto;
d) to construct or rent any building or compound and to provide for furnitures, apparatus, outfits and other necessary equipments so that the University may perform its functions properly;
e) to carry out, alter, implement or cancel any contract on the recommendations of any Authority or Committee under this Act;
f) to invest surplus or unused money of the funds of the University in securities or immovable properties under section 20 of the Trust Act (II of 1882) or to deposit such money of the funds of the University as is not required for immediate use as a fixed deposit at any bank and to take loans from such bank against such deposit and security;
g) to appoint a Committee for any such purpose as may be considered appropriate and to take in any special case, unless otherwise decided upon, such measures as may be required on the basis of a report from the said Committee;
h) to make University Regulations relating to the conditions of service of the teachers, officers and employees of the University and the supervision of their residences (if any);
i) to make Regulations for any such matter, connected with the objectives and functions of the University, as has not been clearly provided for by this Act, the Statutes or University Regulations.

a) to create offices for Professors, Assistant Professors, Associated Professorsor Lecturers or any educational office and offices for Directors, Directors and Co-Directors of Regional Centers and to submit to the Board proposals regarding the duties and remunerations connected with such offices;
b) to make Regulations for the award of degrees, diplomas, certificates, fellowships, scholarships, prizes, exhibitions and medals and to award such degrees etc. in accordance with such Regulations;
c) to manage and supervise the library, Regional Centers and Study Centers of the University and to make Regulations for their use;
d) to make, alter or amend, subject to the control of the Board, Schemes for the organization and reorganization of the Schools and to place the responsability for various matters on the Schools;
e) to place the responsability for various teachers on various Schools;
f) to develop research work at the University and to call for research reports from persons employed in research;
g) to appoint any Committee for any such purpose as may be considered appropriate and to take in any special case, unless otherwise decided upon, such measures as may be required on the basis of a report from the said Committee.

a) its Dean, who shall also be its Chairman;
b) its Professors;
c) one third of the teachers to be nominated by the Academic Council on a rotational basis from amongst the remaining teachers of the School for a period of two years;
d) the teachers appointed to Faculties by the Academic Council who impart instruction in such subjects as are not included in the School concerned, but connected with them.

a) to recommend to the Vice-Chancellor, in accordance with the advice given by the Committee of Courses, the names of the examinors of the subjects included in the School;
b) to recommend to the Academic Council the conditions under which to award degrees, diplomas, certificates and other special honours;
c) to submit proposals to the Academic Council on the creation of offices for Professors and other teachers;
d) to settle such other matters as may be submitted to it by the Academic Council.

7. Finance committee.- (1) The Finance Committee shall, subject to the authority of the Board, be responsible for the supervision of the financial management of the University.
(2) The rectification of grades, the raising of scales and proposals relating to such matters as are not included in the budget shall be examined by the Finance Committee before being considered by the Board.
(3) The annual account and the annual estimate of the University prepared by the Treasurer shall be submitted for consideration and discussion to the Finance Committee and shall thereafter be submitted to the Board.

8. Academic Planning Committee.- (1) There shall be an Academic Planning Committee to the University, which shall support the Academic Council and the Vice-Chancellor in all educational matters.
(2) The Academic Planning Committee shall consist of the following members, namely-

a) the Vice-Chancellor;
b) one Pro-Vice-Chancellor to be nominated by the Board;
c) two Deans from the Schools to be nominated by the Board;
d) two members of the Academic Council to be nominated by the Vice-Chancellor;
e) two experts to be nominated by the Board from outside the University.

9. The Committee of Courses.- (1) There shall be constituted one Committee of Courses for each such subject or group of subjects as should, in the opinion of a School, be under the control of a Committee.
(2) A Committee of Courses shall consist of the teachers engaged in the subject or subjects concerned and experts in broadcasting and distant education to be nominated by the Vice-Chancellor for a period of two years.
(3) The Chairman or Summoner of each such Committee shall be appointed by the Vice-Chancellor.
(4) In case of two or more Committees of Courses of the same School holding common meetings, such common meetings shall be presided over by the Dean of the School; and in case of the Committees being under the control of different Schools, the common meetings shall be presided over by the Vice-Chancellor or a Pro-Vice-Chancellor or Dean nominated in this behalf by the Vice-Chancellor.

10. Functions of the Committees of Courses.- The Committees of Courses shall submit to the Schools recommendations on the following matters, namely-

a) the subjects to be read;
b) the provision of multi-media education;
c) syllabi including lists of reference books;
d) the co-ordination and consolidation of interrelated courses of study;
e) lists of the names of the examinors of various examinations;
f) co-ordination programmes of the educational centers.

a) the Vice-Chancellor, who shall also be its Chairman;
b) one Pro-Vice-Chancellor to be nominated by the Board;
c) four Deans to be nominated by the Vice-Chancellor from the Schools;
d) one architect, one technician and one finance expert to be appointed by the Board;
e) one technician to be nominated by the Ministry of Public Works.

12. Honorary degrees.- (1) Every proposal for the conferment of an honorary degree shall be submitted by the Academic Council to the Board and shall, on consent of the Board, be submitted to the Chancellor for his final consent.
(2) The Board may, on consent of the Chancellor, withdraw any honorary degree conferred by the University.

13. Selection Board.- (1) There shall be a Selection Board for the appointment of salaried Directors, Professors, Directors of Regional Centers, Assistant Professors, Associated Professors and Co-Directors, which shall consist of the following members, namely-

a) the Vice-Chancellor, who shall also be its Chairman;
b) three members to be nominated by the Chancellor;
c) three experts, at least one of them not being a member of the University, to be nominated by the Board.

14. Selection Board for the appointment of other teachers and officers.- (1) The Board shall, on recommendations of a Selection Board, appoint teachers and officers other than those referred to in section 13.
(2) The Selection Board shall consist of the following members, namely-

a) the Vice-Chancellor, who shall also be its Chairman;
b) one Pro-Vice-Chancellor to be nominated by the Board;
c) the Deans of the Schools concerned or the Heads of the offices concerned;
d) two experts in the subjects concerned to be nominated by the Board.

15. Rise of salary.- Every teacher or officer or employee may be awarded an extraordinary rise in salary in recognition of the efficient performance of the duties assigned to him, but such rise in salary shall not be approved merely on the basis of seniority; and no teacher, officer or employee shall receive more than one of the duties for which may be awarded any financial benefit.

16. Duties of the teachers of the University.- The teachers of the University shall have the duty-

a) to impart instruction to students by means of teaching aids of various means of communication, tutorials, discussions, exhibitions and and other such methods;
b) to plan the preparation of, and to prepare teaching aids of various means of communication; and to use such teaching aids;
c) to manage, direct and supervise research;
d) to prepare syllabi, curricula and text materials of the University and its Schools, to conduct examinations and to assist the Authorities in the organization of other programmes relating to courses and supplementary courses;
e) to assist the University in the organization of the affairs of the Regional Centers and Study Centers;
f) to perform such other duties as may be conferred on them by the Vice-Chancellor.

a) shall be the custodian of the records, the common seal and all other properties of the University put under his custody by the Board;
b) shall, generally, manage the office correspondance of the University;
c) shall act as secretary of the Board, the Academic Council and, save as otherwise provided in this Act, other Committees in which he is included;
d) shall be present at the meetings of the Authorities referred to in clause c) and shall record their proceedings;
e) shall perform such other duties as are, from time to time, assigned to him by the Board or imposed on him by the Vice-Chancellor:

18. Term of office of nominated members.- Save as otherwise provided, every member of any Committee or Board constituted under these Statutes shall hold office for a period of two years, but shall, notwithstanding the expiry of such period, continue in office until his successor assumes his charges.

19. Gratuity.- If a teacher, officer or employee retires or resigns or is being discharged on account of the abolition of his post or dies after having rendered five years or more but less than ten years of qualifying services, an amount equal to no more than once his last monthly basic salary for ech completed year of such service shall be paid to him or his family as a gratuity.

20. Pension.- If a teacher, officer or employee retires, resigns or is being discharged on account of the abolition of his post or dies after having rendered no less than ten years of qualifying services, a pension shall be paid to him or, in the event of his death, to his family at such rates as the Government may determine from time to time for public officers and employees.

21. Disability pension.- If a teacher, officer or employee gets permanently disabled during the continuance of his employment as a result of a bodily or mental illness, he shall be entitled to receive a gratuity or pension, whatever applicable, on the basis of qualifying services in accordance with the Statutes or Regulations.

22. Family pension.- (1) If a teacher, officer or employee of the University who has rendered ten years or more of qualifying services dies before retirement, his family shall receive a pension at such rate and for such period as the Government may determine from time to time for pensions of the families of its officers or employees.
(2) If a teacher, officer or employee of the University who has rendered ten years or more of qualifying services dies after retirement, his family shall receive a pension at such rate and for such period as the Government may determine from time to time for pensions payable to the families of its officers or employees.

23. Surrender of pension.- Every teacher, officer or employee of the University who is entitled to receive a pension after having rendered ten years or more of qualifying service may, if he wishes, surrender an amount of no more than one half of the pension payable to him and take a lump sum against the surrendered amount at the rate determined by the Government in this behalf for public officers and employees; but he shall, in case of his taking such lump sum, inform the University about his wish at any time before his retirement; and the said sum shall be paid to him on his retirement or, in the event of his death, to his family.

24. Explanation.- For the purposes of section 19, 20, 21, 22 and 23-

a) "family" means the wife or wives or, as the case may be, the husband, the suns and daughters of any teacher, officer or employee, and the wife or wives of a son and their descendants:
Provided that the University may, in any special case, consider any other person besides those stated in the explanation to be a member of the family of any teacher, officer or employee.
b) "period of qualifying service" means the period from the date on which any teacher, officer or employee enters upon any salaried permanent post of the University until the date on which he ceases to be in service on account of his retirement, resignation, dismissal or death:
Provided that, in case that any teacher, officer or employee has rendered service in any public institute or any university or any educational institution approved by the University or any Education Board or Institute or Corporation established or constituted by any law before taking up an employment in the University, a period of no more than fifteen years of such service shall be deemed to be qualifying service, if he deposits with the University an amount equal to ten per cent. of the gross pay received by him during the period of such service preceding his taking up an employment in the University; in case that such prior service has been rendered in more than one office or institute or has been rendered discontinually, there shall be no obstacle to considering it as a period of qualifying service, if the Board approves of such previous period of service and other conveniencies and benefits connected therewith at the time of his taking up an employment in the University:
Provided further that, if any teacher, officer or employee, being on leave from the University or put under an obligation, has rendered service in any public institute or in any university or other educational institution inside or outside of Bangladesh, or in any institute or corporation established by or under (any) law, the complete period of such service or any such part of it as he may wish to have included shall be deemed to be qualifying service, if he deposits with the University an amount equal to ten per cent. of the gross pay received during the period of such service, or 12,5 per cent. of the pay he would have received had he been in service of the University during the said period.

a) a deficiency of six months or less shall be deemed to have been remitted;
b) a deficiency of more than six months but less than one year may be remitted, if-

i) he has died during the continuancy of his employment;
ii) he has retired for any reason out of his control, such as invalidity or the abolition of his post, but would have been able to continue in service for another year had not occurred the said circumstances out of his control;

c) a deficiency of more than one year shall under no circumstances be remitted.

27. Nominations for receiving pensions etc. .- Every teacher, officer or employee of the University shall, for the purpose of nominating one or more persons who shall receive the pension or gratuity to be paid to his family after his death on behalf of the recipient or recipients, submit,-

a) within three months from the date of the commencement of these Statutes if he has taken up an employment in the University at the time of the said commencement; and
b) within three months from the date on which he has taken up an employment in the University if he has taken up such employment after the date of the said commencement,

28. General provident fund.- (1) The University shall constitute a general provident fund for its teachers, officers and employees, and the teachers, officers and employees of the University shall, in accordance with sub-section (2), pay contributions to the said fund.
(2) The rules made by the Government with regard to the provident fund of its officers and employees shall, subject to such additions and alterations as may be required, be applicable to the teachers, officers and employees of the University.
(3) If teachers, officers and employees in service of the University at the commencement of these Statutes have deposited any amount with any provident fund previously constituted by the Government, such amount as well as the interest accrued on the same shall be transferred to the general provident fund constituted in accordance with this section.

29. Provident funds constituted previously ceasing to be valid.- Every existing provident fund which has been constituted by the University immediately before the commencement of these Statutes shall cease to be valid on the commencement of the said Statutes, and all amounts deposited at the said funds shall, together with the interest accrued thereon, be transferred to the general provident fund constituted in accordance with this section.

30. Gratuity of a MLSS.- (1) If a permanent MLSS of the University retires from service or resigns or dies after having rendered qualifying services, a gratuity equal to one monthly pay for each completed year of active service shall, subject to the provisions relating to gratuities under the Pension Scheme, be paid to him or, as the case may be, to the person or persons nominated by him.
(2) For the purpose of gratuities under this section, a monthly pay shall be the average monthly pay of the year preceding the retirement, resignation or death; but periods of leave on less than full pay or without pay or of temporary removal from service shall be deducted in computing the average pay.

Explanation.- In this section "average pay" means the average of full pay drawn for twelve months prior to retirement, resignation or death.
(3) The gratuity may in each case, in accordance with the decision of the Vice-Chancellor, be paid in a lump sum or in instalments.
(4) Notwithstanding anything contained in sub-section (1), a gratuity shall be paid only-

a) if a permanent MLSS has rendered no less than twenty years of active service; or
b) if a permanent MLSS has rendered no less than twelve years of service and is not less than 55 years of age; or
c) if a permanent MLSS has died after rendering no less than three years of active service.

Explanation.- In this section "active service" shall include leaves on full pay in addition to periods during which duties are being carried out.
(6) If a permanent MLSS has completed nine years of service in the University, the Director (Administration) shall call upon him to furnish, if he has not already done so, on a form prescribed by the Board, a declaration showing how he wishes, in case that he is entitled to receive a gratuity under sub-section (4) at the time of his death, the complete amount of such gratuity to be distributed if he dies before his retirement or resignation; and the amount of his gratuity shall be distributed in accordance with the said declaration.
(7) A declaration furnished by a MLSS may be withdrawn at any time, and any fresh declaration (if any has been furnished) received by the Director (Administration) before the death of the MLSS shall be valid.
(8) If a MLSS marries or remarries, any declaration furnished by him before such marriage or remarriage shall be annulled on such marriage or remarriage, and the Director (Administration) shall, if he does not receive a modified declaration, distribute the amount of the gratuity in accordance with sub-section 10.
(9) If minors are nominated in a declaration, the person to whom the amount of the gratuity intended for their benefit is to be paid if they are still minors at the time of such payment shall be stated in the declaration.
(10) If a permanent MLSS leaves at his death a family, but no declaration in favour of any member or members of his family or any other person, the amount of his gratuity shall be distributed in accordance with his Personal Law.
(11) The Director (Administration) shall, before paying the amount of a gratuity, receive an attested copy of the succession certificate issued in this behalf by a Court; and the beneficiaries of the gratuity shall receive their shares in accordance therewith.

31. Benevolent Fund, Trustee Board and management of the fund.- (1) The University shall constitute a fund by the name of Bangladesh Open University Teacher Officer Employee Benevolent Fund, heretoafter referred to as the Benevolent Fund, and this fund shall be used for the benefit of teachers, officers and employees of the University and their families:
Provided that person who are not required to pay contributions to the Benevolent Fund in accordance with sub-section (2) shall not be entitled to profit from any benefit or grant from the said fund unless the Benevolent Fund Trustee Board decides in any case for any special reason to award such benefit or grant.
(2) Every teacher, officer and employee of the University shall pay contributions to the Benevolent Fund on a monthly basis for all periods during which he is in service, except the periods during which he is on leave without pay, but the following persons shall not be bound to pay any contribution:-

a) person who are over the age of 60 when appointed;
b) persons who are obliged by the Government to take up an employment;
c) persons appointed on a part-time basis;
d) persons appointed on a temporary basis or and persons appointed in leave vacancies;
e) persons drawing a pension from the Government or any Body Corporate.

a) 1 percent of the basic pay in the case of teachers;
b) 1 percent of the basic pay in the case of officers of the first and second grade;
c) 0,25 percent of the basic pay in the case of officers of the third grade;
d) 0,125 percent of the basic pay in the case of officers of the fourth grade:

a) the money deducted as contributions to the fund from the monthly pay bill of teachers, officers and employees;
b) grants from the University;
c) grants from the Government;
d) profits resulting from the investment of money of the Benevolent fund and all incomes including interests.

a) the Vice-Chancellor, who shall also be the Chairman of the Truistee Board;
b) one member of the Board of Governors to be nominated by the Board of Governors;
c) two members to be nominated by the Vice-Chancellor, besides the persons referred to in this sub-section;
d) the Registrar of the University; and
e) the Director (Finance and Audit), who shall also be the secretary of the Trustee Board.

a) if the Chief Health Officer of the University is satisfied that any teacher, officer or employee suffers from such bodily or mental disability as not to be able to perform the duties of his office and has for this reason been dimissed, to the said teacher, officer or employee or, in the event of his death, to his family;
b) if any teacher, officer or employee dies while being in service, to his family;
c) if any teacher, officer or employee retires before reaching the age of sixty and has been in service for such period as the Trustee Board may determine in this behalf, to such teacher, officer or employee or his family;
d) for such purposes as are beneficial to teachers, officers or employees, which shall be determined by the Trustee Board:
Provided that-

i) such financial grant shall be paid for no more than ten years or, in case of the said teacher, officer or employee being alive, until the date on which he reaches sixty years, whichever period is less;
ii) the said period of ten years shall, in case that any teacher, officer or employee dies after having partly withdrawn the financial grant, be counted from the date on which he has first withdrawn the said grant;
iii) any teacher, officer or employee may, during the continuance of his employment, nominate, on a form prescribed by the Trustee Board, one or more persons who shall see to it that his family takes advantage of a financial grant under this section, and such nominated person or persons may receive the financial grant on behalf of the family; and in case that no such nomination has been made, the Trustee Board may decide in this matter as may be required.

32. Vacations and other leaves of the Vice-Chancellor.- (1) The vacations and other leaves of the Vice-Chancellor shall be regulated as follows:-

a) the Vice-Chancellor may every academic year enjoy, in addition to all the holidays of the University, a vacation on full pay of one month;
b) the Vice-Chancellor may every year receive a one month earned leave on full pay during the continuance of his employment, and if he is for any reason unable to enjoy the said earned leave during the continuance of his employment, he shall receive a full pay instead of the said leave;
c) an earned leave under clause b) shall not be combined with a leave for the preparation of one's retirement;
d) the Chancellor may, on the basis of a report from the Body of Governors, grant the Vice-Chancellor any leave except casual and medical leaves, and leaves granted under this clause may immediately precede or follow any vacation or holiday due to the Vice-Chancellor;
e) the Vice-Chancellor shall be entitled to receive every year, subject to the consent of the Body of Governors, no more than ten days of casual leave;
f) the Chancellor shall grant the Vice-Chancellor medical leave on such conditions and for such periods as may be determined.

33. Explanation of the Statutes.- If there arises the necessity to explain any provision of these Statutes, the matter shall, together with a report of the Body of Governors thereupon, be transmitted to the Chancellor whose decision in the matter shall be final.