40. Subject to the provisions of this Act, the Statutes may provide for all or any of the following matter, namely:-(a) the conferment of Honorary degrees;(b) the institution of fellowships, Scholarships and Prizes;(c) the designations, duties and powers and conditions of service of the teachers and officers of the University;(d) the constitution, powers and duties of the Authorities of the University;(e) the institution of colleges or institutes and hostels and their maintenance;(f) the condition for the recognition of colleges and hostels not maintained by the University and for withdrawal of such recognition, management of such colleges and hostels;(g) constitution, power and duties of Governing Bodies of affiliated colleges;(h) the mode of appointment and recognition of teachers of the University;(i) the constitution of pension, insurance and provident funds for the benefit of the officers, teachers, clerical staff and other employees of the University;(j) the maintenance of a register of Registered Graduates; and (k) all matters which, under this Act, are to be or may be prescribed by the Statutes.

41. (1) The First Statutes of the University shall be those set out in the Schedule. (2) The Statutes may be amended, repealed or added to by Statutes made by the Syndicate in the manner stated hereinafter. (3) All Statutes, as made by the Syndicate, shall be submitted to the Senate for ratification. (4) The Senate may, on receipt of the proposal of Statutes, return it to the Syndicate with the suggestion that the Statutes or a particular provision of the Statutes be reconsidered and that any amendments specified in the suggestion be considered but if the Syndicate again submits the proposal of Statutes with or without the suggested amendments to the Senate, it shall be deemed to have been ratified unless rejected by the two-thirds of the total number of members of the Senate: Provided that the Statutes relating to the service conditions of teachers, officers and other employees of the University shall be presented to the Senate but shall not require its ratification. (5) A Statute proposed by the Syndicate shall have no validity until it has been ratified or deemed to have been ratified by the Senate. (6) Save as otherwise provided the Syndicate shall not propose any Statute affecting the status, powers or constitution of any Authority of the University until such an Authority bas been given an opportunity of expressing an opinion upon the proposal. Any opinion so expressed shall be in writing and shall be considered by the Syndicate and shall be submitted to the Senate together with the draft of the proposed Statute.

42. Subject to the provisions of this Act and the Statutes, the University Ordinances may provide for all or any of the matters, namely:-(a) the admission of students to the University and colleges and their enrolment as such;(b) the courses of studies to be laid down for all degrees, certificates and diplomas of the University;(c) the conditions under which students shall be admitted to the degree, certificate or diploma courses and to the examinations of the University and shall be eligible for degrees, certificates and diplomas;(d) the terms and conditions of residence of the students of the University;(e) the fees to be charged for courses of studies in the University or the colleges and for admission to the examinations, degrees, certificates and diplomas;(f) the constitution, powers and duties of the various standing Committees of the University;(g) the conduct of examinations; and(h) all matters which under this Act or the Statutes are to be or may be provided for by the University Ordinances.

43. University Ordinances shall be of two kindsÔÇöExecutive and Academic. Subject to the provisions of sections 44 and 45, the Syndicate shall decide which Ordinances are to be treated as Executive and which Ordinances are to be treated as Academic.

44. Subject to other provisions of this Act and the Statutes, the following matters shall be provided for by the Executive Ordinances, namely:-(a) all kinds of fees to be charged by the University;(b) powers and duties of the officers of the University other than those prescribed under this Act;(c) scales of pay of University employees;(d) conduct and discipline of the students of the University and the colleges and punishment including rustication and expulsion for misconduct and breach of discipline;(e) procedure of inspection of colleges; and(f) all other matters which, under the Act or Statutes, are required to be provided for by the Executive Ordinance.

45. Subject to the provisions of this Act and the Statutes, the following matters shall be provided for by the Academic Ordinances, namely:-(a) creation of teaching departments and posts;(b) registration of students in the University;(c) equivalence of examinations conducted by the Universities and institutions;(d) conditions of residence of students;(e) conduct of examinations;(f) mode of appointment of Examiners;(g) institutions of Fellowships, Scholarships and Exhibitions;(h) framing of Syllabuses and prescribing courses of studies for all degrees, diplomas and certificates awarded by the University;(i) admission of students to the University and their enrolment as such; and(j) conditions under which the students shall be admitted to the degree, diploma or certificate courses and the Examinations of University and shall be eligible for degrees and diplomas and certificates.

46. (1) Save as otherwise provided in this section, University Ordinances shall be made by the Syndicate : Provided that no Academic Ordinance shall be made except on the recommendation of the Academic Council.

47. (1) The Authorities and other Bodies of the University may make Regulations consistent with this Act, the Statutes and the University Ordinances,-(a) laying down the procedure to be observed at their meetings and the number of members required to form a quorum;(b) providing for all matters which under this Act, the Statutes or the University Ordinances are to be prescribed by Regulations; and(c) providing for all other matters solely concerning such Authorities not provided for by this Act, the Statutes or the University Ordinances. (2) Every Authority or body of the University shall make Regulations providing for the giving of notice to the members of such Authority or body of the dates of meetings and of the business to be considered at meetings and for the keeping of a record of the proceedings of meetings. (3) The Syndicate may direct the amendment, in such manner as it may specify, of any Regulation made under this section or the annulment of any Regulation made under sub-section (1): Provided that any Authority or body of the University which is dissatisfied with any such direction may prefer an appeal to the Chancellor whose decision in the matter shall be final.

48. (1) No College or institution shall be affiliated unless it fulfils the conditions embodied in this Act. (2) In all matters connected with affiliation or disaffiliation the Syndicate shall be guided by the recommendation of the Academic Council. (3) The conditions of residence and instructions in the affiliated colleges shall be prescribed by the University Ordinances and every affiliated college shall be subject to inspection by any officer of the University authorised, in this behalf, by the Syndicate or the Vice-Chancellor. (4) Where a college desires to add to the courses of instruction in respect of which it is affiliated the procedure prescribed shall, so far as may be, be followed. (5) The Syndicate may, after due enquiry, withdraw the recognition granted to a college which has failed to comply with the conditions prescribed by the Statutes and University Ordinances or imposed by the Syndicate at the date of recognition or at any later date. The Syndicate shall give the college an opportunity of appearing at any such enquiry as aforesaid and of making representations on its own behalf. The Syndicate shall inform the college of its decision.

49. (1) Every affiliated non-Government college shall be a public educational institution; and the whole of its funds shall be appropriated to its own educational purposes and shall be fully controlled by its Governing Body. (2) Each affiliated non-Government college or institution shall be managed by a regularly constituted Governing Body. The constitution, powers and duties of the Governing Body shall be such as may be prescribed by the Statutes: Provided that the Governing Body of the affiliated Government college shall be constituted according to the rules framed by the Government. (3) The Principal or Head of a college shall be responsible for the internal administration and discipline of the college. (4) Every college shall satisfy the Syndicate that adequate financial provision is available for its continued and efficient maintenance, either in the form of an endowment or by an undertaking given by the body maintaining it. (5) Tuition and other fees fixed by a college shall not be below the minimum rates or above the maximum rates prescribed by the University Ordinances in this behalf. (6) Every college shall comply with the relevant Statutes, Ordinances and Regulations of the University. (7) Admission of the students to a college shall be subject to the conditions prescribed by the University Ordinances and Regulations in this behalf. (8) Each college or institution shall ordinarily conform to the University terms, vacations and holidays. (9) Every college shall maintain such registers and records as may be prescribed by the University Ordinances and furnish such statistical and other information as the University may, from time to time, specify. (10) Every college shall submit each year, by a date to be fixed by the Syndicate, a report to the Syndicate, on the working of the college during the previous year, giving the particulars and circumstances of any change in the staff on the management, the number of students and a statement of income and expenditure and such other information as may be required. (11) When a college ceases to exist with the sanction of the University, the disposal of its assets, where not specifically provided for, shall be settled by the Governing Body and the University in consultation with the Government. If these Bodies fail to reach an agreement, the Government shall appoint an arbitrator whose decision shall be final. (12) Every Governing Body shall maintain a Provident Fund for the benefit of members of its teaching staff in accordance with rules prescribed by the Government. (13) All trust funds belonging to a non-Government college or under the control of the Governing Body shall be shown separately in the accounts of the college. (14) Investment of funds belonging to a non-Government college or under the control of the Governing body shall be made in property and securities authorised by law for the investment of trust funds of such other classes of security as may, from time to time, be approved by the Government. (15) The salaries, grades and conditions of service including efficiency and discipline rules for all teachers employed by non-Government affiliated colleges shall be determined by University Ordinances.

50. Every student of the University shall reside at such places and under such conditions as may be prescribed by the Statutes and the University Ordinances.

51. The Halls of the University shall be such as may be prescribed by the Statutes.

52. (1) The Hostels shall be such as may be approved and licensed by the Syndicate on such general or special conditions as may be prescribed by the University Ordinances. (2) The Wardens and Superintending staff of Hostels shall be appointed in such manner as may be prescribed by the Statutes. (3) The conditions of residence in Hostels shall be prescribed by the University Ordinances and every Hostel shall be subject to inspection by any member of the Discipline Board authorised in this behalf by the Board and by the officer of the University authorised in this behalf by the Syndicate. (4) The Syndicate shall have power to suspend or withdraw the licence of any Hostel which is not conducted in accordance with the conditions prescribed by the University Ordinances.

53. (1) Admission of students to the University for under-graduate, post-graduate and other courses shall be governed by the rules framed by an Admission Committee appointed for that purpose by the Academic Council. (2) Students shall not be eligible for admission to a course of study for a degree in the University or any of its affiliated colleges, unless they have passed the Intermediate Examination or the Higher Secondary Examination of the Boards of Intermediate and Secondary Education in Bangladesh, or any other Authority incorporated by any law for the time being in force in Bangladesh, or any examination recognised under the Statutes as equivalent thereto, and possess such further qualifications as may be prescribed by the University Ordinances. (3) The conditions under which students may be admitted to the diploma courses of the University shall be prescribed by the University Ordinances. (4) For the purpose of admission to a course of study for a degree the University may recognise as equivalent to its own degrees, any degree conferred by any other University, or as equivalent to the Intermediate or Higher Secondary Examination, any examination other than the Intermediate or Higher Secondary Examination of a recognised University or Board in such manner as may be prescribed by the University Ordinances.

54. (1) All arrangements for the conduct of Examination shall be made by the Controller of Examinations under the general control of the Vice-Chancellor. (2) The Academic Council shall appoint Examination Committees. The constitutions, powers and duties of Examination Committees shall be prescribed by the University Ordinances. (3) If, in respect of an examination, any examiner becomes, for any cause, incapable of acting as such, the Vice-Chancellor shall appoint an examiner to fill the vacancy.

55. (1) Every salaried teacher and officer 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 or officer concerned. (2) The service conditions shall be determined without any prejudice to the freedom of the teacher or officer to hold any political views and to keep association with any lawful organisation outside the University and shall be clearly stated in the contract: Provided that if a teacher or other salaried employee of the University seeks election as a Member of Parliament, he shall before the date for filing of nominations, resign from the service of the University. (3) A teacher or officer of the University may be dismissed only on grounds of moral turpitude, misconduct or inefficiency, but no such teacher or officer shall be dismissed unless an enquiry into the charges of moral turpitude or inefficiency is held by an Enquiry Committee on which the teacher or the officer may be represented by a person nominated by him.

56. The Annual Report of the University shall be prepared under the direction of the Syndicate and shall be submitted to the Commission on or before the 31st day of January of the following academic session.

57. (1) The annual accounts and balance-sheet of the University shall be prepared under the direction of the Syndicate and shall be audited by an authority to be nominated by the Commission. (2) The accounts together with copies of the audit report shall be submitted to the Commission.

58. If any question arises regarding the interpretation of any provision of this Act or any Statutes, University Ordinances, or Regulations or as to whether any person has been duly nominated as, or is entitled to be a member of any Authority or other body of the University, the matter shall be referred to the Attorney-General of Bangladesh for his opinion and the Syndicate shall decide accordingly.

59. 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 otherwise in first giving effect to the provisions of this Act, the Chancellor may, at any time, before all the Authorities of the University have been constituted, by order, make any appointment or do anything, consistent so far as may be with the provisions of 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 the manner provided in this Act : Provided that, before making any such order or taking any such action, the Chancellor shall ascertain and consider the opinion of the Vice-Chancellor.

60. (1) No person shall be eligible to hold any office of the University or Colleges or be a member of any Authorities or other bodies of the University or the Colleges or to continue as such if he,-(a) is of unsound mind, deaf, mute or is otherwise incapacitated to discharge his functions;(b) is an undischarged insolvent;(c) has been convicted by a Court of law of an offence which involves moral turpitude;(d) had financial interest as an individual, as a partner or otherwise, in any firm which publishes, procures or supplies any book, either written or edited by him, prescribed by the University as a course of study of any examination conducted by the University unless specially permitted by the Syndicate : Provided that, in the case of dispute or doubt, the Chancellor shall determine whether a person is disqualified under this section and his decision shall be final.

61. If any question arises as to whether any person has been duly elected or appointed as, or is entitled to be, a member of any Authority or other bodies of the University the matter shall be referred to the Attorney-General of Bangladesh for his opinion and the Syndicate shall decide accordingly.

62. Where any Authority of the University is given power by this Act or the Statutes to appoint Committees, such Committees shall, save as otherwise provided, consist of such members of that Authority as may be determined by it and such other persons, if any, as the Authority may determine.

63. All casual vacancies among the members other than ex-officio members of any Authority or other body of the University shall be filled, as soon as may be, by the person or body who appointed, elected or nominated the members whose place has become vacant, and the person appointed, elected or nominated to a casual vacancy, shall be a member of such Authority or body for the residue of the terms for which the person whose place he fills would have been a member.

¹[64. No act or proceedings of any Authority or other body of the University shall be invalid or be called in question merely on the ground of the existence of any vacancy in such Authority or body, or of the failure or defect in making or holding any appointment, nomination or election to, or of any other defect in the formation of, such Authority or body.]

65. (1) In the event of any dispute arising out of a contract between the University and any officer or teacher of the University and any other matter not specifically provided for under this Act or the Statutes, the officer or teacher concerned shall have the right of appeal to the Chancellor to be submitted through the Vice-Chancellor of the University who shall submit the appeal to the Chancellor with his comments. The decision of the Chancellor on the appeal shall be final. (2) In the event of a dispute arising out of a contract between a college and an officer or teacher of the college or any other matter not specifically provided for under this Act or the Statutes, the officer or teacher concerned shall have the right of appeal to the Chancellor to be submitted through the President of the Governing body who shall submit the appeal to the Chancellor with his comments. The decision of the Chancellor on the appeal shall be final.

66. (1) The University shall, in such manner and subject to such conditions as may be prescribed by the Statutes, constitute, for the benefit of its officers, teachers, clerical staff and other employees, such pension, group insurance, benevolent fund, provident fund or gratuity as it may deem fit. (2) Where any provident fund has been constituted, the Government may declare that the provisions of the Provident Funds Act, 1925, shall apply to such funds as if it were a Government Provident Fund.

67. The University shall, for the purpose of this Act, receive annually from the Commission such amount as may be determined by the latter.

68. (1) The Chittagong University Ordinance, 1966 (E. P. Ord. No. IX of 1966) is hereby repealed. (2) Notwithstanding the repeal of the Chittagong University Ordinance, 1966, anything done, action taken, obligation or liability incurred, rights and assets acquired, person appointed or authorised, jurisdiction or power conferred, endowment, bequest, fund or trust created, donation and grant made, scholarship, studentship or exhibition instituted, affiliation granted and orders issued under any of the provisions of the said Ordinance, or Statutes, University Ordinances and Regulations made thereunder, so far as they are not inconsistent with the provisions of this Act or Statutes, University Ordinances and Regulations, made hereunder shall be continued and so far as may be, deemed to have been respectively done, taken, incurred, acquired, appointed, authorised, conferred, created, made instituted, granted or issued under this Act or the Statutes, University Ordinances or Regulations made hereunder and any documents referring to any of the provisions of the said Ordinance, or Statutes, University Ordinances of Regulations made thereunder shall, so far as may be, considered to refer to the corresponding provision of this Act or the Statutes, University Ordinances or Regulations made hereunder.

69. Upon the coming into force of this Act the existing Syndicate, Academic Council and all other Authority, Committees and bodies constituted under the repealed Ordinance shall continue to function until a new Syndicate, Academic Council and other Authorities, Committees and bodies are duly constituted under this Act, and all persons holding office under the repealed Ordinance shall continue to function till new appointments or nominations are made or elections are held according to this Act.