3. (1) Under this Ordinance, a Board shall be established for the organisation, regulation, supervision, control and development of Intermediate and Secondary Education in accordance with the provisions of the Ordinance. (2) The Board shall, by the name of the Board of Intermediate and Secondary Education, Dacca, be a body corporate with perpetual succession and a common seal and shall have, subject to regulations, power to acquire and hold movable and immovable property, to transfer such property when held by it, to contract, and to do all other things necessary for carrying out the purposes of this Ordinance, and shall by the said name sue and be sued. (3) The powers of regulation, supervision, control and development of Intermediate and Secondary Education shall vest in the Board of Intermediate and Secondary Education, Dacca. ¹[* * *] (4) [Omitted by section 5 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977).]

²[3A. (1) Notwithstanding anything contained in section 3, the Government, if it thinks fit may establish, by notification in the official Gazette, one or more other Board or Boards in respect of such area or areas as may be specified in the notification, for the organisation, regulation, supervision, control and development of intermediate and secondary education in such specified area or areas in accordance with the provisions of this Ordinance. (2) A Board established under sub-section (1) may be called by such name as the Government may assign to it and shall be a body corporate with perpetual succession and a common seal, and shall have, subject to regulations, power to acquire and hold movable and immovable property, to transfer such property when held by it, to contract and to do other things necessary for the purposes of this Ordinance, and may, by the said name, sue or be sued. (3) On the establishment of a separate Board under sub-section (1), the Board of Intermediate and Secondary Education Dacca, shall cease to have jurisdiction over any educational institution lying within the area specified in the notification under sub section 1; and the powers of regulation, supervision, control and development of intermediate and secondary education in such area shall vest in such separate Board. (4) Such funds, properties movable and immovable, assets and liabilities and records of the Board of Intermediate and Secondary Education, Dacca, as the Government may, by notification in the official Gazette, specify, shall vest in the Board established under subsection (1)].

4. The Board shall be constituted as follows:-

(i) Chairman to be appointed by the ³[President];

⁴[(ii) one University Professor to be nominated by the Vice-Chancellor of-

(a) the University of Rajshahi in respect of the Board of Intermediate and Secondary Education, Rajshahi;

(b) the University of Rajshahi in respect of the Board of Intermediate and Secondary Education, Jessore;

(c) the University of Dacca in respect of the Board of Intermediate and Secondary Education, Dacca; and

(d) the University of Chittagong in respect of the Board of Intermediate and Secondary Education, Comilla;]

⁵[* * *]

(iv) the Director of Public Instruction, Bangladesh, or an officer, not below the rank of an Assistant Director of Public Instruction, to be nominated by him;

(v) the Director of Technical Education, Bangladesh, or an officer, not below the rank of an Assistant Director of Technical Education, to be nominated by him;

(vi) one person to be nominated by the Government from among the Principals of the Intermediate Colleges for boys and girls;

(vii) one person to be nominated by the Government from among the Headmasters of Secondary Schools for boys;

(viii) one person to be nominated by the Government from among the Headmistresses of Secondary Schools for girls;

(ix) one Principal of a Degree College nominated by the Government;

(x-xi) two persons devoted to the cause of education to be appointed by the ⁶[President]; and

(xii) one Inspecting Officer to be nominated by the Government.

5. The name of every person nominated or appointed as a member of the Board shall be published by notification as soon as possible, after his nomination or appointment, as the case may be.

6. (1) Subject to the provisions of this Ordinance, a nominated or appointed member of the Board, other than the Chairman shall hold office for a term of three years from the date on which his name is published by notification under section 5, and may, on the expiration of such term, be eligible for re nomination or re appointment. (2) The Principal, Headmaster or Headmistress nominated by the Government under clause (vi) or clause (vii) or clause (viii) or clause (ix) of section 4, or a University Professor ⁷[nominated by the Vice-Chancellor concerned under clause (ii)] of section 4, shall cease to be a member as soon as he ceases to be Principal, Headmaster, Headmistress or University Professor, as the case may be. ⁸[(3) Any member of the Board may resign his membership by a letter addressed to the Chairman, and, in the case of the Chairman, he may resign his membership by a letter addressed to the President: Provided that the resignation shall not take effect until it is accepted by the President or the Government, as the case may be. (4) The President or the Government may, at any time by order in writing, remove the Chairman or any member of the Board appointed or nominated by him or it from his office if the President or, as the case may be, the Government considers such removal necessary or expedient in public interest or in the interest of the Board. (5) The President, in the case of a member nominated by the Vice-Chancellor of a University, and the Government, in the case of a member nominated by the Director of Public Instruction or the Director of the Technical Education, may, at any time by order in writing, remove such member from his office if the President or, as the case may be, the Government considers such removal necessary or expedient in public interest or in the interest of the Board.]

8. (1) When the office of a nominated or appointed member of the Board becomes vacant by resignation, death or otherwise, a new member shall be nominated or appointed in his place in the manner provided in the appropriate clause of section 4 and such nominated or appointed member shall hold office so long as the member whose place he fills would have been entitled to hold office if such vacancy had not occurred. (2) Notwithstanding the expiration of the term of three years specified in sub section (1) of section 6, a nominated or appointed member of the Board, other than the Chairman shall continue to hold office until the vacancy caused by the expiration of the said term has been filled in accordance with the provisions of this Ordinance.

9. The following shall be the officers of the Board- ⁹[* * *](2) the Chairman;(3) the Secretary;(4) the Controller of Examinations; and(5) such other officers as may be appointed by the Board.

10. (1) and (2) [Sub-sections were omitted by section 9 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977).] (3) The ¹¹[Government, with the prior approval of the President,] shall have power to cause an inspection to be made by such person or persons as ¹²[it] may direct, of the offices, activities and funds and examinations conducted by the Board and cause an enquiry to be made in like manner in respect of any matter concerning the Board. ¹³[The Government shall] communicate to the Board the result of such inspection or enquiry and may advise the Board as to the action to be taken within a specified time. The Board shall report to the Government the action it proposes to take or has taken on such communication; where the Board does not within a reasonable time take action to the satisfaction of the Government, the Government may, after considering any explanation given by the Board, issue such direction as ¹⁴[it] thinks fit, and the Chairman shall comply with such directions. (4) Without prejudice to the foregoing provisions of this section, the ¹⁵[Government, with the prior approval of the President,] may, by order in writing, annul any proceeding of the Board or any of the Committees if the Government is satisfied that such proceeding is not in conformity with this Ordinance: Provided that before making any such order the Government shall, through the Chairman, call upon the Board or Committee concerned to show cause why such an order should not be made.

11. (1) The Chairman shall be a wholetime officer of the Board and shall be appointed by the ¹⁶[President] on such terms and conditions as the ¹⁷[President] may determine. (2) The Chairman shall hold office for a term of three years from the date of notification of his appointment and on the expiry of the term of office shall be eligible for reappointment. (3) When the office of the Chairman falls vacant temporarily or otherwise, by reason of leave, illness or other cause for a period not exceeding one year, the ¹⁸[President] shall, notwithstanding anything contained in sub sections (1) and (2), make such arrangements for carrying on the duties of the office of the Chairman as he may think fit. (4) The Chairman shall be the Principal Executive and Academic Officer of the Board and shall, when present, preside at the meetings of -(i) the Board;(ii) the Academic Committee;(iii) the Selection Committee;(iv) the Finance Committee; and(v) such other Committees of the Board at which he is present. (5) It shall be the duty of the Chairman to ensure that the provisions of this Ordinance and the regulations are faithfully observed and carried out and he shall exercise all powers necessary for this purpose. (6) In any emergency arising out of the administrative business of the Board and requiring, in the opinion of the Chairman, immediate action, the Chairman may take such action as he may deem necessary and shall report the action so taken to the Board at its next meeting for approval. (7) The Chairman shall exercise such other powers as may be delegated by the ¹⁹[President], or prescribed by regulations.

12. (1) Officers of the Board, other than the Chairman shall be appointed by the Board in the manner prescribed by regulations. (2) All other employees of the Board shall be appointed by the Chairman in the manner prescribed by regulations.

13. The status, terms and conditions of service including rules for disciplinary action, for grant of leave and for retirement of the officers and the staff of the Board shall be such as may be prescribed by regulations.

14. Temporary or casual vacancies in the posts of the officers other than the Chairman of the Board shall be filled up in the manner prescribed by regulations.

15. The Chairman, or in the absence of the Chairman one member elected from among those present at a meeting of the Board, shall preside at every meeting of the Board, and shall be entitled to vote on any matter and shall have and exercise a second or casting vote in every case of equality of votes.

16. (1) No member of the Board shall vote on any matter coming before the Board in respect of which (otherwise than in the general application thereof to all Intermediate Colleges and Secondary Schools) he, or any Intermediate College or Secondary School of which he is a teacher, has any interest.

(2) The Chairman or the presiding member, as the case may be, shall decide any question under sub section (1) arising in a meeting and his decision shall be final.

17. The Board shall be its own executive.

18. (1) Subject to the provisions of this Ordinance, the Board shall have power to organise, regulate, supervise, control and develop Intermediate and Secondary Education within its jurisdiction.

 

 

(2) In particular and without prejudice to the generality of the power conferred by sub section (1), the Board shall have the powers-

 

 

 

 

(i) to prescribe courses of instruction for its examinations;

 

 

 

 

(ii) to grant recognition to or to withhold or withdraw recognition from Intermediate Colleges and Secondary Schools after considering inspection reports form the Bangladesh Education Directorate in the case of Secondary Schools and in the case of Intermediate Colleges after considering inspection reports from its own Inspection officer or officers deputed in that behalf by the Board;

 

 

 

 

(iii) to prescribe conditions governing admission of students to and transfer of students from and to Intermediate Colleges and Secondary Schools;

 

 

 

 

(iv) to prescribe the manner and mode of inspection of Intermediate Colleges and Secondary Schools;

 

 

 

 

(v) to cause inspection, if necessary, of any institution under its control by the officers of the Board or by any other person or persons it considers suitable;

 

 

 

 

(vi) to hold, conduct and regulate examinations at the end of the Intermediate and Secondary stage or any other stage thereof;

 

 

 

 

(vii) to publish the results of examinations held by the Board;

 

 

 

 

(viii) to grant certificates to persons who have passed examinations held by the Board and to withdraw certificates from them;

 

 

 

 

(ix) to arbitrate or arrange for arbitration in disputes between teachers and Governing Bodies or Managing Committees of Intermediate Colleges or Secondary Schools;

 

 

 

 

(x) to submit to the Government its views on any matter with which it is concerned;

 

 

 

 

(xi) to determine the number, designation and pay and allowances of the officers and staff of the Board, and to appoint such experts and consultants as it may consider necessary for the purposes of carrying out the provisions of this Ordinance;

 

 

(xii) to regulate and decide all administrative matters including the creation and abolition of posts:

 

 

 

 

Provided that the Chairman shall have the power to create temporary posts for a period not exceeding six months;

 

 

 

 

(xiii) to fix, demand and receive such fees as may be prescribed by regulations;

 

 

 

 

(xiv) to hold and manage endowments and to institute and award scholarships, medals and prizes;

 

 

 

 

(xv) to enter into and carry out contracts in exercise of powers and performance of duties assigned to it by this Ordinance and the regulations;

 

 

 

 

(xvi) to make provisions for buildings, premises, furniture, apparatus, books and other means needed for carrying on its work; and

 

 

 

 

(xvii) to do such other acts and things as it may consider necessary for the purposes of organisation, regulation, supervision, control and development of Intermediate and Secondary Education.

 

 

 

²⁰[(2A) Notwithstanding anything contained in clauses (vi), (vii) and (viii) of sub-section (2), if it is not possible to hold and conduct examinations at the end of the Intermediate and Secondary stage or any other stage thereof due to pandemic, epidemic, Act of God or for any other inevitable circumstances as determined by the government from time to time, the government may, by an order in the official Gazette, issue instructions for assessment and grant of certificates without holding and conducting examination or holding and conducting examination with short syllabus, in the manner prescribed in that Gazette, for the students in a particular year.]

 

 

 

 

 

 

(3) The Board may delegate any of its powers to the Chairman or any other officer of the Board or to a Committee or Sub committee constituted under this Ordinance as it may deem fit and withdraw any such delegation:

 

 

 

 

Provided that no power to make any regulation shall be delegated under this sub section.

 

19. (1) The Board shall appoint the following Committees:-

(i) Finance Committee;

(ii) Selection Committee;

(iii) Regulation Committee;

(iv) Appeal and Arbitration Committee;

(v) Academic Committee;

(vi) Curricula Committee and Committee of Courses of Studies;

(vii) Science Education Committee;

(viii) Technical Education Committee;

(ix) Industrial Education Committee;

(x) Agricultural Education Committee;

(xi) Commercial Education Committee;

(xii) Physical Education Committee;

(xiii) Girls' Education Committee;

(xiv) Education in Home Economics Committee;

(xv) Examination Committee;

(xvi) Age Correction Committees;

(xvii) Recognition Committee or Committees; and

(xviii) such other Committee or Committees as the Board may consider necessary for the purposes of carrying out the provisions of this Ordinance.

(2) The composition, powers and duties of the Committees under sub section (1) shall be prescribed by regulations.

20. (1) The budget meeting of the Board shall be held on or before the 31st March every year. (2) No business shall be transacted at any meeting of the Board unless a quorum of five members is present: Provided that no quorum shall be necessary for a meeting adjourned for want of quorum.