3. (1) As soon as may be after the commencement of this Ordinance, the Government shall, by notification, establish a Board to be called the Bangladesh Madrasah Education Board for the organisation, regulation, supervision, control, development and improvement of Madrasah education in Bangladesh in accordance with the provisions of this Ordinance. (2) The Board 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 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, development and improvement of Madrasah education in Bangladesh shall vest in the Board.

4. The Board shall be constituted with the following members, namely:- (a) a Chairman to be appointed by the President; (b) the Assistant Director of Public Instruction, In-charge of Madrasah Education, ex-officio; (c) the Director of Technical Education, or an officer, not below the rank of Assistant Director of Technical Education, to be nominated by him; (d) one person to be nominated by the Government from amongst the Chairmen of the Boards of Intermediate and Secondary Education in Bangladesh; (e) one person to be nominated by the Government from amongst the Heads of the departments of Arabic and Islamic Studies of the Universities in Bangladesh; (f) one Principal of a Government Madrasah to be nominated by the Government; (g) two Principals of non-Government Madrasahs to be nominated by the Government; (h) two Superintendents of non-Government Madrasahs to be nominated by the Government; (i) one Inspecting Officer to be nominated by the Government; (j) two persons specially devoted to the cause of Madrasah education to be appointed by the President.

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

6. (1) Subject to the provisions of this Ordinance, a member, other than the ex-officio member, 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-appointment or re-nomination. (2) A person nominated by the Government under clauses (d) to (i) of section 4 shall cease to be a member as soon as he ceases to hold the office by virtue of which he was nominated. (3) Any member, other than the ex-officio member and the Chairman, 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 any member other than an ex-officio member 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 Government may, at any time by order in writing, remove the member nominated by the Director of Technical Education under clause (c) of section 4 from his office if it considers such removal necessary or expedient in public interest or in the interest of the Board.

7. (1) A person shall not be eligible for nomination or appointment as a member, if he- (a) has been adjudged by a competent Court to be of unsound mind; (b) is an undischarged insolvent;(c) being a discharged insolvent, has not obtained from the Court a certificate that his insolvency was caused by misfortune without any misconduct on his part; or (d) has been convicted by a Court of an offence involving moral turpitude, unless an offence of which he was convicted has been pardoned or unless five years have elapsed since the date of his conviction. (2) The nomination or appointment of a person who is, on the date of his nomination or appointment, subject to any of the disqualifications specified in sub-section (1), shall be invalid. (3) If a member becomes subject to any of the disqualifications specified in sub-section (1), his membership shall thereupon cease.

8. (1) Subject to the provisions of section 11, when the office of a member becomes vacant by resignation, death or otherwise, another person shall be nominated or appointed in his place in the manner provided in the appropriate clause of section 4 and such person 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 member 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, namely:- (a) the Chairman; (b) the Registrar; (c) the Controller of Examinations; (d) the Inspector of Madrasahs; and (e) such other officers as may be appointed by the Board.

10. (1) The Government may, with the approval of the President, cause an inspection by such person on it may direct of the office, activities and funds of the Board and the examinations conducted by the Board and may cause an enquiry to be made in respect of any matter concerning the Board. 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; and 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 directions as it may deem fit, and the Chairman shall comply with such directions. (2) Without prejudice to the provisions of sub-section (1), the Government, with the prior approval of the President, may, by an 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 the provisions of this Ordinance: Provided that, before making any such order, the Government shall, through the Chairman, call upon the Board or the Committee concerned to show cause why such an order should not be made.

11. (1) The Chairman shall be a whole time officer of the Board and shall be appointed by the President on such terms and conditions as the President may determine. (2) 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 President shall, notwithstanding anything contained in sub-section (1), make such arrangements for carrying on the duties of the office of the Chairman as he may deem fit.(3) The Chairman shall be the principal executive and academic officer of the Board and shall, when present, preside at the meetings of the Board and the Committees appointed under section 18. (4) 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. (5) In any emergency arising out of the administrative business of the Board and requiring, in the opinion of the Chairman, immediate action, the Chairman shall take such action as he may deem necessary and shall report the action so taken to the Board at its next meeting for information. (6) The Chairman shall exercise such other powers as may be delegated to him by the Government or as may be prescribed.

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

13. Subject to the provisions of this Ordinance, the terms and conditions of service, including rules for disciplinary matters, granting of leave and for retirement of the officers and the employees of the Board shall be such as may be prescribed.

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

15. The Chairman or, in his absence, one member elected from amongst those present at the meeting of the Board or of the Committee, shall preside at every meeting of the Board or the Committee 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 shall vote on any matter coming before the Board or the Committee in respect of which (otherwise than in the general application thereof to all Madrasahs) he has any personal 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. (1) Subject to the provisions of this Ordinance, the Board shall have power to organise, regulate, supervise, control, develop and improve Madrasah education. (2) In particular and without prejudice to the generality of the power conferred by sub-section (1), the Board shall have power- (a) to prescribe course of instruction for its examinations; (b) to grant affiliation to or to withhold or withdraw affiliation from Madrasahs after considering inspection reports from the Education Directorate or from the inspection reports of its own inspection officer or officers deputed in that behalf by the Board; (c) to prescribe conditions governing admission of students to and transfer of students from and to Dakhil Madrasahs, Alim Madrasahs, ¹[* * *]; (d) to prescribe the manner and mode of inspection of Madrasahs; (e) to cause inspection, if necessary, of any Madrasah affiliated to it by the officer of the Board or by any other person or persons it considers suitable; (f) to hold, conduct and regulate examinations at the end of the Dakhil, Alim, ²[* * *] Mujawwide Meher, Mujawwide Fazil and Mujawwide Kamil stages or any other stage thereof ; (g) to publish the results of examinations held by the Board; (h) to grant sanads, diplomas and certificates to persons who have passed the examinations held by the Board and to withdraw sanads, diplomas and certificates from them;(i) to arbitrate or arrange for arbitration in disputes between teachers and governing bodies or managing committees of Dakhil Madrasahs, Alim Madrasahs, ³[* * *] or among such Madrasahs; (j) to submit to the Government its views on any matter with which it is concerned; (k) to determine the number, designation and pay and allowances of the officers and employees 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; (l) to regulate and decide all administrative matters including the creation and abolition of posts; (m) to fix demand and receive such fees as may be prescribed; (n) to hold and manage endowments and to institute and award scholarships, stipends, medals and prizes; (o) to enter into and carry out contracts in exercise of powers and performance of duties assigned to it by this Ordinance and the regulations; (p) to make provisions for buildings, premises, furniture, apparatus, books and other means needed for carrying on its work; and (q) to do such other acts and things as it may consider necessary for carrying out the purposes of this Ordinance.(3) The Board may delegate any of its powers to the Chairman or any other officer of the Board or to a Committee appointed under this Ordinance it may deem fit:Provided that no power to make any regulation shall be delegated under this sub-section.

18. (1) The Board shall appoint the following Committees, namely:- (a) Academic Committee; (b) Finance Committee; (c) Selection Committee; (d) Regulation Committee; (e) Appeal and Arbitration Committee; (f) Curricula and Courses of Studies Committee; (g) Science Education Committee; (h) Technical Education Committee; (i) Industrial Education Committee; (j) Agricultural Education Committee; (k) Commercial Education Committee; (l) Physical Education Committee; (m) Girls' Education Committee; (n) Examination Committee; (o) Age and Name Correction Committee; (p) Recognition and Centre Committee; (q) Discipline Committee; and (r) 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 appointed under sub-section (1) shall be such as may be prescribed.

19. (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.