1. (1) This Act may be called the ²[* * *] Technical Education Act, 1967. (2) It extends to the whole of Bangladesh. (3) It shall come into force at once.

2. In this Act, unless there is anything repugnant to the subject or the context, or otherwise requires, the following expressions shall have the meaning hereby respectively assigned to them, that is to say:-(a) “Board” means the Bangladesh Technical Education Board as established under this Act;(b) “Chairman” means the Chairman of the Board;(c) “Controlling Authority” means the Controlling Authority of the Board as established under this Act;(d) “Technical Education” pertaining to the Board means- (i) Diploma Courses in Engineering or Technology; (ii) Diploma Courses in Technical Teacher Education; (iii) Diploma Courses in Commercial Teacher Education; (iv) Diploma Courses in Commercial Training; (v) Certificate Courses in Technical Teacher Education; (vi) Certificate Courses in Sub-Overseer, Survey Final and Aminship; (vii) Certificate Courses in various Trades and Crafts, and (viii) such other types of Technological, Commercial Trades and Crafts Courses as may be determined by the Board, subject to the approval of the Controlling Authority;(e) “Fund” means the Bangladesh Technical Education Fund as constituted under section 22 of the Act;(f) “Notification” means a Notification published in official Gazette;(g) “Prescribed” means prescribed by rules or regulations made under this Act;(h) “Regulation” means Regulations made by the Board under this Act;(i) “Polytechnic or Technical or Monotechnic Institute” means an Institute offering three-years post-Secondary Technical Education leading to a Diploma in Engineering/Technology/Commercial Training. It may also offer Certificate Courses, as prescribed, in the definition of Technical Education; (j) “Vocational Institute or School” means an Institution offering Certificate Courses in Trades and Crafts;(k) “Head of an Institution” means the Head of the teaching and administrative staff of an Institution offering Technical Education Courses, as defined in this Act, by whatever style he may be designated.

3. (1) The Government may, by notification in the official Gazette, establish a Board to be known as the Bangladesh Technical Education Board for carrying out the purpose of this Act. (2) The Board shall, be a body corporate, shall have perpetual power of succession and a common seal, and shall have 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 Act, and shall by the said name sue and be sued.

4. The Board shall be constituted as follows, namely:- (a) Chairman to be appointed by the Controlling Authority; (b) Director of Technical Education, Bangladesh, (c) Director of Public Instruction, Bangladesh, (d) ³[Director, Bangladesh Institute of Technology, Rajshahi], (e) Principal, Technical Education College. (f ) One person to be nominated by the National Council of Technical Education, (g) The Vice-Chancellor of the ⁴[Bangladesh University of Engineering and Technology] or a Professor to be nominated by him, (h) Three Principals from amongst the Principals of Polytechnics and Monotechnics to be nominated by Government in the Education Department, and (i) Four persons interested in the Education to be nominated by the Controlling Authority.

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 Act, 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 under section 5, and may, on the expiration of such term, be eligible for re-nomination or re-appointment. (2) No member appointed or nominated by virtue of his office shall continue to be a member if he ceases to hold that office. (3) Any member of the Board may resign his membership by a letter addressed to the Chairman: Provided that the resignation shall not take effect until it is accepted by the Controlling Authority.

7. (1) A person shall not be eligible for nomination or appointment as a member of the Board, if he-(a) has been adjudged by a competent Court to be of unsound mind;(b) is a 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 nominated or appointed member of the Board becomes, after his nomination or appointment, subject to any of the disqualifications specified in sub-section (1), his membership shall thereupon cease.

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 Act.

9. The following shall be the officers of the Board, namely:-(a) the Controlling Authority;(b) the Chairman;(c) the Secretary;(d) the Controller of Examination; and(e) such other officers as may be appointed by the Board.

10. (1) The ⁵[President of the People's Republic of Bangladesh] shall be the Controlling Authority of the Board. The status of the Controlling Authority in relation to the Board shall be similar to that of the Chancellor in relation to a University. (2) The Controlling Authority shall appoint the Chairman of the Board. (3) The Controlling Authority shall have power to cause an inspection to be made by such person or persons, as he may direct, of the offices, activities and funds of, and examinations conducted by, the Board and cause an enquiry to be made in like manner in respect of any matter concerning the Board. He will communicate to the Board the result of such an 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 Controlling Authority 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 Controlling Authority, the Controlling Authority may, after considering any explanation as may be given by the Board, issue such directions as he thinks fit, and the Chairman shall comply with such directions. (4) Without prejudice to the foregoing provisions of this section the Controlling Authority may, by an order, in writing, annul any proceedings of the Board or any of the Committees if the Controlling Authority is satisfied that such proceedings is not in conformity with this Act: Provided that before making any such order the Controlling Authority 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 Controlling Authority on such terms and conditions as the Controlling Authority may determine. (2) The Chairman shall hold office for a term of four years from the date of notification of his appointment and on the expiry of the term of office shall be eligible for re-appointment. (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 Controlling Authority shall, notwithstanding anything contained in sub-sections (1) and (2), make such arrangements for carrying on the duties 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-(a) the Board;(b) Committee of Courses of Study;(c) the Selection Committee;(d) the Finance Committee; and(e) 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 Act, rules and 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 Controlling Authority, or prescribed by rules and regulations.

12. (1) Officers of the Board, other than the Chairman, shall be appointed by the Board in the manner as may be prescribed and until regulations are made by the Board, as provided in section 40 of the Act, prescribing the manner of appointment of the officers and other employees of the Board and the status, terms and conditions of their service, all appointments shall be made by the Board with prior approval of the Controlling Authority. (2) All other employees of the Board shall be appointed by the Chairman in the manner as may be prescribed.

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.

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

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 which 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. The Board shall be its own executive.

18. (1) Subject to the provisions of this Act, the Board shall have power to organise, regulate, supervise, control and develop Technical Education within the Province. (2) In particular and without prejudice to the generality of the power conferred by sub-section (1), the Board shall have the power,-(a) to prescribe courses of instruction for its examination as detailed in the Schedule to this Act,(b) to grant recognition to or to withhold or withdraw recognition from Educational Institutions offering courses in Technical Education after considering inspection reports from its own Inspection Officer or Officers deputed in that behalf by the Board:Provided that no recognition from any such educational institutions shall be withheld or withdrawn without hearing the institutions concerned. (c) to prescribe conditions governing admission of students to and transfer of students from one institution to another prosecuting studies under the same curricula,(d) to prescribe the manner and mode of inspection of institution offering Technical Education, (e) 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,(f) to hold, conduct and regulate examinations on completion of course and curricula of Technical Education,(g) to publish the results of examination held by the Board,(h) to grant Diplomas/Certificates to persons who have passed examinations held by the Board, (i) to arbitrate or arrange for arbitration in disputes between teachers and Governing Bodies or Managing Committees of Institutions offering Technical Education, (j) to submit to the Controlling Authority its views on any matter with which it is concerned, (k) 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 purpose of carrying out the provisions of this Act,(l) 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, (m) to fix, demand and receive such fees as may be prescribed by regulations, (n) to hold and manage endowments and to institute and award scholarships, medals and prizes,(o) to enter into and carry out contracts in exercise of powers and performance of duties assigned to it by this Act 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 the purposes of organisation, regulation, supervision, control and development of Technical Education. (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 Act as it may deem fit, and withdraw any such delegation: Provided that the power to make any regulation shall not be delegated.

19. (1) The Board shall appoint the following Committees, namely:-(a) Committee for Diploma Courses of Study;(b) Committee for Certificate Courses of Study;(c) Finance Committee;(d) Regulation Committee;(e) Selection Committee;(f) Appeal and Arbitration Committee;(g) Examination Committee;(h) Age Correction Committee; and(i) Such other Committee or Committees as the Board may consider necessary for the purpose of carrying out the provisions of this Act. (2) The composition, powers and duties of the Committee under sub-section (1) shall be as may be prescribed.

20. (1) The budget meetings 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.

21. (1) The Secretary shall present to the budget meeting of the Board a report on the work of the Board during the last preceding financial year, together with a budget estimate showing in the form prescribed, the anticipated income and expenditure of the Board during next succeeding financial year. (2) The budget estimate shall, when confirmed by the Board and within such period as may be prescribed by regulations, be forwarded to the Controlling Authority for approval. Thereupon the Controlling Authority will approve the budget estimate as submitted by the Board or he will make such modifications in it as he considers necessary after consulting the Chairman.

22. (1) There shall be constituted a Fund to be called “The Bangladesh Technical Education Fund” to which shall be credited,-(a) all fees realised under any of the provisions of this Act;(b) all sums representing income from endowments or from property owned or managed by the Board for the purposes of this Act;(c) all other sums received by the Board from the Government or any other source for any purpose provided for in this Act. (2) The Fund shall vest in the Board, shall be held by it in trust for the purposes of this Act and shall be administered by it. (3) All moneys payable to the credit of the Fund shall, forthwith, be deposited into a bank, approved by the Board or into a Government treasury.

23. (1) No expenditure shall be incurred from the Fund except for the purposes of this Act and unless such expenditure is provided for in a budget approved by the Controlling Authority under section 21 or is provided for by reappropriation by the Board. (2) Subject to the provisions of sub-section (1), the Fund shall be applied to-(a) payment of the cost of audit,(b) payment of the salaries and allowances to the Chairman and other officers and employees of the Board,(c) payment of all expenses connected with printing of papers, forms, documents, etc., required for carrying out the purposes of the Act,(d) payment of allowances to members of the Board and Committees thereunder,(e) payment of remunerations to such persons as may be appointed by the Board in connection with the work of holding and conducting the Board's Examinations and of publications of the results thereof,(f) payment of contingent and capital expenditure, and (g) payment of any other expenditure incurred by the Board in accordance with, and for the purposes of giving effect to, the provisions of this Act.

24. The Board shall keep accounts of all its receipts and expenditure in the manner and form as may be prescribed.

25. (1) The Accounts of the Board shall be submitted to the Government once every year and examined and audited by an auditor appointed by the Government. (2) It shall be the duty of the Board, and of its officers to afford to the auditor every facility for examination and audit of the accounts of the Board, and to comply with a requisition made by the auditor.

26. (1) The auditor shall submit to the Government a report on the audit of accounts and send a copy of such report to the Board and thereupon the Board shall, within a period to be prescribed, in this behalf forward a copy of the report together with its observation thereon to the Government. (2) Subject to the provisions of section 28, the Government shall take such action on the audit report as it thinks fit.

27. The auditor shall- (a) disallow any payment which is in contravention of any law for the time being in force, and charge it against the persons making or authorising it;(b) charge the amount of any deficiency or loss against the persons by whose default or negligence such deficiency or loss resulted;(c) charge any sum which could have been, but has not been brought into account against the person failing to account for it;(d) in every case of disallowance and charge under this section, certify, in writing, the amount due from the person against whom the charge is made; and(e) send a copy of such certificate to the Board and to the person concerned within 14 days from the date on which the report referred to in sub-section (1) of section 26 is submitted to the Board.

28. (1) Any person from whom an auditor has certified any sum to be due under section 27, may, within one month from the receipt by him of a copy of the certificate, appeal against such order to the Controlling Authority. (2) The Controlling Authority shall, on such appeal, make such order as he thinks fit, after giving the person making the appeal opportunity of being heard and the decision of the Controlling Authority on such appeal shall be final.

29. (1) Every sum certified to be due, under section 27 from any person, shall, within one month from the receipt by such person of a copy of the certificate, and, unless within that period he makes an appeal under section 28, be paid by him into the Fund. (2) The Board may direct that any sum not paid in accordance with the provisions of sub-section (1), or, if an appeal has been made under section 28, such sum, as the Controlling Authority may order to be due, shall be recovered,-(a) in the case of a servant of the Government or an officer or other employee of the Board, by deduction from his salary, in accordance with such conditions as may be prescribed by regulations or as a public demand under the ⁶[* * *] Public Demands Recovery Act, 1913;(b) in any other case as a public demand under the Act, referred to in clause (a).

30. (1) An employee of a recognised institution offering Technical Education Course shall be bound by the following general condition 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 Bangladesh citizens 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 ⁷[House of the Nation or Jatiyo Sangsad]. (2) Any person, who contravenes any of the conditions of service, as specified in sub-section (1), shall be liable to disciplinary action including removal from his service 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 prefer an appeal to the Chairman who may pass such order on such appeal as he thinks fit and such order shall be final.

31. Every member of the Board and of every Committee constituted under this Act, and every person appointed for carrying out the purposes of this Act, shall be deemed to be a public servant within the meaning of section 21 of the ⁸[* * *] Penal Code, 1860.

32. No suit, prosecution, or other legal proceedings shall lie against any person for anything in good faith done or intended to be done under this Act.

33. No act done or proceedings taken, under this Act 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 Act, and (b) any defect or irregularity not affecting the merits of the cases.

34. (1) The Board shall establish for the benefit of its officers and other employees, either Pension and Provident Funds or Contributory Provident Fund only, as it may deem fit, in such manner, and subject to such condition, as may be prescribed. When a Provident Fund is established, the Government may, by notification in the official Gazette, declare that the provisions of the Provident Funds Act, 1925, shall apply mutatis mutandis to such Funds. (2) In case the Board establishes Contributory Provident Fund under sub-section (1) all employees of the Board shall subscribe to that Fund a sum equal to 10 per cent of his salary every month. The Board shall contribute an equal amount in respect of each subscriber every month. (3) The terms and conditions of deposit of subscription and contributions to the Fund referred to in sub-section (2) and withdrawals and advances from it shall be such as may be prescribed.

35. A permanent employee of the Board shall retire in the afternoon of the date on which he completes the fifty-fifth year of his age unless his services are extended in the manner as may be prescribed.

36. (1) The Board shall provide for the members of the staff 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.

37. No member of the Board shall draw any fee or other remuneration in any capacity whatever from the funds of the Board or enter into any contract with the Board directly or through any other person in connection with the affairs of the Board: Provided that the provisions of this section shall not debar the Chairman of the Board from receiving his emoluments in accordance with the terms and conditions of his appointment.

38. 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, produces or supplies any such book, shall be eligible to become a member of the Board or a Committee or a Sub-Committee constituted under this Act and shall continue as such after having acquired any such interest.

39. The Government may make rules for the purposes of carrying into effect the provisions of this Act.

40. (1) The Board may, with previous approval of the Government, make regulations not inconsistent with the provisions of this Act or rules made thereunder, for carrying out the purposes of this Act. (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:-(a) the powers and duties of the officers of the Board other than the Controlling Authority,(b) the conduct of the meetings of the Board and the Committees,(c) the grant and withholding of Diploma and Certificate,(d) the curricula and the courses of the study to be framed and prescribed for such certificates and Diploma,(e) for granting or withholding recognition to Institutions offering Technical Education Courses and for withdrawal of such recognition,(f) the constitution, powers, and duties of the Governing Bodies/Managing Committees of non-Government institutions offering Technical Education,(g) the terms and conditions of service of the teachers of non-Government institutions offering Technical Education,(h) the conditions under which candidates shall be admitted to the Examinations of the Board and shall be eligible for certificates, (i) the manner and mode of inspection,(j) the fixing and receiving fees for admission to the examinations of the Board and for other purposes,(k) the holding and conduct of all Examinations of the Board,(l) 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,(m) manner of appointment of the officers of the Board, other than the Chairman by the Board,(n) manner of appointment of employees of the Board, other than its officers, by the Chairman,(o) status, terms and conditions of service including rules for disciplinary action, for grant of leave and for retirement of the officers and staff of the Board,(p) manner of filling up temporary and casual vacancies in the posts of the officers of the Board under section 14,(q) form for showing anticipated income and expenditure of the Board and the period within which the budget estimate shall be forwarded to the Controlling Authority,(r) the framing of an Accounts Manual of the prescription of the manner and form of keeping accounts of receipts and expenditure of the Board,(s) period within which the copy of the audit report together with the observation of the Board shall be forwarded to the Controlling Authority, (t) manner and conditions of benefit from Pension and Provident Fund or Contributory Provident Fund only,(u) terms and conditions of gratuity,(v) travelling allowance and daily allowance of the members for attending meeting of the Board and Committees,(w) reports, returns and statements to be forwarded to the Controlling Authority under section 10, and (x) all other matters which are to be or may be prescribed by regulations. (3) Regulations made under this section shall be published in the official Gazette.

41. (1) From the date of commencement of this Act and till such time as the nominated and appointed members other than the Chairman are not nominated or appointed, the Chairman and the ex-officio members shall exercise all the powers and perform all the duties of the Board and its Committees constituted under this Act. (2) On the nomination and appointment of all the members, the Board shall exercise all powers and perform all duties of the Committees constituted under this Act up to the time the Committees are constituted.

42. If any difficulty arises with respect to the establishment of the Board or in connection with the first meeting of the members to the provisions of this Act, the Controlling Authority may, at any time, before the first meeting of the Board, make any order consistent with the provisions of this Act, which appears to him to be necessary or expedient for the purpose of removing the difficulty.

43. No act done, order passed or proceedings taken by the Controlling Authority or the Board or by the Chairman or any other officer of the Board or by any Committee under this Act, shall be called in question in any Court by a suit or otherwise.

44. The type, duration and standard of courses to be provided for, and the Diplomas and Certificates to be awarded, by the Board shall be as indicated in the Schedule appended to this Act.