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The Madrasah Education Ordinance, 1978

( Ordinance NO. IX OF 1978 )

এই অধ্যাদেশ বাংলাদেশ মাদ্রাসা শিক্ষা বোর্ড আইন, ২০২০ (২০২০ সনের ২৭ নং আইন) দ্বারা রহিত করা হইয়াছে

Chapter IV

MISCELLANEOUS

General conditions of service of the teacher of Madrasahs
29. (1) An employee of an affiliated Madrasah shall be bound by the following general conditions of service, namely:-
 
 
(a) he shall not take part in, or subscribe in aid of, or assist in any way, any political movement, or any activities tending directly or indirectly to excite disaffection against the Government as by law established, or to promote feelings of hatred or enmity between different classes of citizens of Bangladesh, or to disturb the public peace;
 
 
(b) he shall not canvass, or interfere, or use his influence, or stand, as a candidate in any election to a local body or a legislative body in Bangladesh.
 
 
(2) Any person who contravenes any of the conditions of service under sub-section (1) shall be liable to disciplinary action including removal from his post by an order of the authority which appointed such person on proceeding initiated against him.
 
 
(3) Any person aggrieved by an order of the authority referred to in sub-section (2) may appeal to the Chairman who may pass such order on appeal as he thinks fit and such order shall be final.
Certain persons to be deemed to be public servants
30. Every member of the Board and of every Committee appointed under this Ordinance, and every person appointed for carrying out the purposes of this Ordinance, shall be deemed to be a public servant within the meaning of section 21 of the Penal Code (Act XLV of 1860).
Indemnity
31. No suit, prosecution or other legal proceedings shall lie against the Government or the Board or any Committee or any other person for anything in good faith done or intended to be done under this Ordinance.
Validation
32. No act or proceedings taken under this Ordinance shall be invalid on the ground merely of -
 
 
(a) the existence of any vacancy in, or defect in the constitution of, the Board or any Committee constituted under this Ordinance;
 
 
(b) any member of the Board having voted on any matter in contravention of the provisions of section 16; or
 
 
(c) any defect or irregularity not affecting the merits of the cases.
Pension and Provident Fund or Contributory Provident Fund
33. (1) The Board shall establish for the benefit of its officers and employees either Pension and Provident Funds or Contributory Provident Fund only as it may deem fit in such manner, and subject to such conditions, as may be prescribed.
 
 
(2) In case the Board establishes a Contributory Provident Fund under sub-section (1), all officers and employees of the Board shall subscribe to that Fund a sum equal to 8› per cent of his salary every month and the Board shall contribute an equal amount in respect of such subscriber every month.
 
 
(3) The terms and conditions of deposits of subscriptions and contributions to the Fund and withdrawals and advances from such Fund shall be such as may be prescribed.
Age of retirement
34. Except the Chairman, every officer and employee of the Board shall retire in the afternoon of the day on which he attains the age at which a Government servant retires.
Gratuity
35. (1) The Board shall provide for the officers and employees meeting with untimely death or disabled by accident or illness during service, a gratuity equivalent to one month's pay for each completed year of his service under the employment of the Board.
 
 
(2) The terms and conditions of gratuity under sub-section (1) shall be such as may be prescribed.
Members prohibited from entering into contract with the Board
36. No member shall enter into any contract with the Board directly or through any other person in connection with the affairs of the Board.
Bar against membership of the Board or Committee on the persons with financial interest in the affairs of the Board
37. No person who has any financial interest in any book prescribed by the Board as a course of study for any examination conducted by the Board or has a financial interest as a partner or otherwise in any firm which publishes, procures or supplies any such book, shall be eligible to become a member of the Board or a Committee appointed under this Ordinance and continue as such after having acquired any such interest.
Regulations
38. (1) The Board may, with the previous approval of the Government, make regulations for the purpose of carrying into effect the provisions of this Ordinance.
 
 
(2) In particular and without prejudice to the generality of the power conferred by sub-section (1), the Board may make regulations providing for all or any of the following matters, namely:-
 
 
(i) the powers and duties of the officers of the Board;
 
 
(ii) the conduct of the meetings of the Board and of the Committees;
 
 
(iii) the grant and withholding of sanads, diplomas and certificates;
 
 
(iv) the curricula and the courses of study to be prescribed for obtaining sanads, diplomas and certificates;
 
 
(v) for granting or withholding affiliation to Madrasahs and for withdrawal of such affiliation;
 
 
1[(vi) the constitution, powers and duties of the Governing Bodies of affiliated non-government Alim Madrasahs and Managing Committees of affiliated non-government Dakhil Madrasahs and Ibtedayee Madrasahs;]
 
 
(vii) the terms and conditions of service of the teachers of affiliated non-Government Madrasahs;
 
 
(viii) the conditions under which candidates shall be admitted to the examinations of the Board and shall be eligible for sanads, diplomas and certificates;
 
 
(ix) the manner and mode of inspection;
 
 
(x) the fixing and receiving fees for admission to the examinations of the Board and for other purposes;
 
 
(xi) the holding and conducting of all examinations of the Board;
 
 
(xii) acquisition, possession and transfer of property by the Board, the conditions of such acquisition, possession and transfer or any other act referred to in sub-section (2) of section 3;
 
 
(xiii) manner of appointment of the officers of the Board, other than the Chairman, by the Board;
 
 
(xiv) manner of appointment of the employees of the Board, other than its officers, by the Chairman;
 
 
(xv) terms and conditions of service, including disciplinary matters, grant of leave and retirement of the officers and employees of the Board;
 
 
(xvi) manner of filling up temporary and casual vacancies in the posts of the officers of the Board under section 14;
 
 
(xvii) form for showing anticipated income and expenditure of the Board and the period within which the budget estimate shall be forwarded to the Government;
 
 
(xviii) the framing of an Accounts Manual or the prescription of the manner and form of keeping accounts of receipts and expenditures of the Board;
 
 
(xix) period within which the copy of the audit report together with the observation of the Board shall be forwarded to the Government;
 
 
(xx) manner and conditions of benefit from Pension and Provident Fund or Contributory Provident Fund only;
 
 
(xxi) terms and conditions of gratuity;
 
 
(xxii) travelling allowance and daily allowance of the members for attending meetings of the Board and Committees;(xxiii) period within which observations of the Board on the audit report is to be furnished to the Government under section 25; and
 
 
(xxiv) all other matters which are to be or may be prescribed by regulations.
 
 
(3) All regulations made under this section shall be published in the official Gazette and shall come into force on such publication.
First regulations
39. The regulations set out in the Schedule appended to this Ordinance shall, on the commencement of this Ordinance, be the first regulations of the Board and shall be deemed to have been made by the Board under section 38.
Rules
40. The Committees appointed by the Board may, subject to the approval of the Board, make rules consistent with this Ordinance and the regulations-
 
 
(a) laying down the procedure to be observed at their meetings and the number of members required to form a quorum; and
 
 
(b) providing for all matters solely concerning such Committees and not provided for by this Ordinance and the regulations.
Transitional provision
41. Till such time all the members, other than the Chairman, are not nominated or appointed, the Chairman shall, subject to such general or special orders as the Government may give from time to time, exercise all the powers and perform all the duties of the Board and its Committees appointed under this Ordinance.
Removal of difficulty
42. If any difficulty arises with respect to the establishment of the Board or in connection with the first meeting of the Board or otherwise in first giving effect to the provisions of this Ordinance, the Government may make any order consistent with the provisions of this Ordinance, which appears to it to be necessary or expedient for the purpose of removing the difficulty.
Dissolution of the Madrasah Education Board, etc
43. Upon the establishment of the Board, the Madrasah Education Board functioning immediately before the commencement of this Ordinance, hereinafter referred to as the dissolved Board, shall stand dissolved, and upon such dissolution,-
 
 
(a) all assets, rights, powers, authorities and privileges, and all property, movable or immovable, cash and bank balances, funds, investments and all other interests and rights in, or arising out of, such property of the dissolved Board subsisting immediately before its dissolution shall stand transferred to, and vested in, the Board;
 
 
(b) all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for, the dissolved Board before its dissolution, shall be deemed to have been incurred, entered into, or engaged to be done by, with or for, the Board;
 
 
(c) services of all officers and employees of the dissolved Board shall, notwithstanding anything contained in any contract or agreement or in the terms and conditions of service, stand transferred to the Board and they shall be deemed to be officers and employees of the Board appointed by it on the same terms and conditions of service as were applicable to them in the dissolved Board unless such terms and conditions are altered, not being to their disadvantage, by the Board;
 
 
(d) all suits and other legal proceedings instituted by or against the dissolved Board before its dissolution shall be deemed to have been instituted by or against the Board.

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    Clause (vi) was substituted by section 4 of the Madrasah Education (Amendment Act, 2006 (Act No. XLIV of 2006)
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