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Non-Government Educational Institutions (Teachers and Employees) Welfare Trust Act, 1990

An Act made to make provisions for the establishment of a welfare trust for the benefit of teachers and employees of unofficial education institutes

Whereas it is expedient to make provisions for the establishment of a trust called welfare trust for the benefit of teachers and employees of unofficial education institutes;

Therefore the following Act is hereby made:-

1. Short title and commencement.- (1) This Act may be called welfare trust for the benefit of teachers and employees of unofficial education institutes Act, 1990.
(2) The Government may, by announcement in the official Gazette, put this Act into effect at any date it will determine.

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

a) "employee" means any employee employed at a unofficial educational institute receiving grants from the Government on account of the salary;
b) "trust" means the unofficial educational institutes, teachers and employees welfare trust established under this Act;
c) "regulation" means any regulation made under this Act;
d) "unofficial education institute" means any unofficial secondary school, college or madrasa;
e) "board" means the trust board established under this Act;
f) "teacher" means any teacher employed at an unofficial educational institute receiving grants from the Government on accuont of the salary.

4. Head-office of the trust.- The head-office of the trust shall be situated in Dhaka and it may, if need be, establish sub-offices at any place whatsoever.

5. General management.- The management and administration of the trust shall be entrusted to a trustee board, which shall have all the powers and perform all the functions the trust has, or is entitled to.

6. Trustee board.- (1) The trustee board shall comprise the following members, namely:-

a) the Secretary of the Department of Education, who shall also be its Chairman;
b) the Chief-Director of the office for secondary and higher education, who shall also be its vice-chairman;
c) a director of the office for secondary and higher education nominated by the Government;
d) an officer of the Department of Education nominated by that Department;
e) an officer of the Establishment Council nominated by that Council;
f) an officer of the Department of Finance nominated by that Department;
g) six teachers nominated by the Government, comprising two teachers of unofficial secondary schools and two teachers of unofficial madrasas;
h) two employes nominated by the Government.

7. Duties of the trust.- The trust shall have the following duties-

a) granting of benefits etc. to retired teachers and employees of unofficial educational institutes;
b) rendering financial support to teachers and employees of unofficial education institutes, who have, for one reason or other, fallen into distress while being in employment;
c) rendering assistance to the families of teachers and employees of unofficial educational institutesin, who died in an accident while being in employment;
d) rendering financial support to teachers and employees of unofficial education institutes, who suffer from a grave and prolongated illness while being in employment;
e) providing for the welfare of teachers and employees of unofficial education institutes generally;
f) taking all measures necessary for the fulfillment of the abovementioned duties.

9. Fund of the trust.- (1) The trust shall have a fund and it shall meet the expenditures necessary to fulfill its duties from this fund.
(2) The Government shall, after the establishment of a trust under this Act, as fast as possible, deposit a lump-grant of ten million Takas with a bank scheduled for the benefit of the trust and the interests and profits arising out of the deposited money shall be deposited with the fund as grants of the Government.
(3) With the fund of the trust shall be deposited-

a) interests and profits received under subsection (1);
b) grants given by the Government;
c) contributions paid by teachers and employees of unofficial education institutes;
d) contributionspaid by pupils of unofficial education institutes;
e) grants given by local authorities;
f) money the trust may receive from other sources.

10. Contributions paid by teachers and employees.- (1) Every teacher and employee of an unofficial education institution shall pay contributions to the fund of the trust of such amount and in such way as will be determined by regulations.
(2) If any teacher or employee expresses his refusal to pay the contributions referred to under subsection (1) or if his contributions are outstanding, he or any member of his family shall not be entitled to receive any benefit under this Act:
Provided that where, in the case of outstanding contributions, the Board comes to the decision that the contributions have not been left outstanding willingly, or that the contributions have been left outstanding due to circumstances which are out of control of the contributors, the Board may, after providing for the payment of the outstanding contributions, grant him or any member of his family the benefits under this Act.

11. Contributions paid by pupils.- (1) Notwithstanding anything contained in any Act for the time being in force, every pupil of an unofficial education institution shall, within one month after the commencement of the teaching year, pay a lump contribution, of the amount and in the way determined by regulations, for the fund of the trust.
(2) The authorities of the education institution shall, in the way determined by regulations, deposit the contributions of the pupils referred to under subsection (1) with the fund of the trust.
(3) Where, after the termination of the teaching year, it becomes apparent for any reason that a education institution did not realize the contributions receivable from its pupils or that it did not deposit the realized contributions with the fund of the trust, the Government shall, on application from the Board, subtract the amount of those contributions from the grants to be given to the education institution, and deposit it with the fund of the trust.

12. Keeping and auditing of accounts.- (1) The trust shall keep its accounts properly and it shall prepare an annually report thereof.
(2) The auditor and controller of mega-accounts of Bangladesh, hereinafter referred to as auditor of major accounts, shall audit the accounts of the trust annually and send a copy of the auditing report to the Government and Board.
(3) The auditor of major accounts or any other person authorized by him in this behalf may, for the purpose of auditing accounts in accordance with subsection (2), investigate all the records, credentials, money, in cash or deposited with a bank, securities, stocks or other kinds of assets of the trust and it may inquire any member, officer or employee of the trust.

13. Officers and employees of the trust.- The trust may appoint such number of officers and employees as may be required to perform its functions properly and the conditions of their employment shall be determined by regulations.

14. Report- (1) The trust shall annually, within a period that may extend to June 30, send a report together with a ledger of the functions performed in the course of the foregoing year to the Government.
(2) The Government may, if need be, at any time demand reports and statements on whatever subject from the trust and the trust shall be bound to furnish such reports and statements.

15. Release from liability.- If by any action taken in good faith under this Act or under any regulation, any person suffers, or is likely to suffer, any loss, it shall not be possible to raise any suit before any civil or criminal court, or any other legal procedure, against any member, officer or employee of the trust.

16. Power to make regulations.- The trust may, with the prior approval of the Government and by notification in the official Gazette, make, for the purpose of this Act, such regulations as are not inconsistent with this Act.