(ORDINANCE NO. LVII OF 1983)
An Ordinance to provide for the establishment of a National Curriculum and Text Book Board.
WHEREAS it is expedient to provide for the establishment of a National Curriculum and Text Book Board and for matters connected therewith;
NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the Chief Martial Law Administrator is pleased to make and promulgate the following Ordinance:-
1. This Ordinance may be called the National Curriculum and Text-Book Board Ordinance, 1983.
2. In this Ordinance, unless there is anything repugnant in the subject or context,-
(a) “Board” means the National Curriculum and Text Book Board established under section 3;
(b) “Chairman” means the Chairman of the Board;
(c) “member” means a member of the Board;
(d) “prescribed” means prescribed by regulations;
(e) “school” means any educational institution excluding a Madrasah which imparts education up to class XII, whether such institution is recognised or approved under any law or by any authority or not;
(f) “text book” means a text book for any class of any school.
3. (1) As soon as may be after the commencement of this Ordinance, the Government shall, by notification in the official Gazette, establish a Board to be called the National Curriculum and Text Book Board.
(2) The Board shall be a body corporate, having perpetual succession and a common seal, with powers, subject to the provisions of this Ordinance and the regulations, to acquire, hold and dispose of property, both movable and immovable, and shall by the said name sue and be sued.
4. (1) The head office of the Board shall be situated at Dhaka.
(2) The Board may, with the prior approval of the Government, open branch offices at any place within Bangladesh.
(3) The Board shall, in the discharge of its functions, be guided by such directives and instructions as the Government may, from time to time, give.
5. (1) The Board shall consist of a Chairman and 1[ four] other members to be appointed by the Government.
(2) The Chairman and other members shall be full time officers and shall hold office on such terms and conditions as the Government may determine.
6. The Chairman shall be the chief executive of the Board and shall perform such functions as may be prescribed.
7. (1) There shall be a Secretary to the Board who shall be appointed by the Government on such terms and conditions as may be prescribed.
(2) The Secretary shall perform such functions as the Board may decide.
8. (1) The meetings of the Board shall be held at such times and places and in such manner as may be prescribed: Provided that, until so prescribed, such meetings shall be held at such times and places as may be determined by the Chairman.
(2) To constitute a quorum at a meeting of the Board, not less than two members shall be present.
(3) All meetings of the Board shall be presided over by the Chairman and, in his absence, by a member chosen by the members present from amongst themselves.
(4) At a meeting of the Board, each member shall have one vote, and, in the event of an equality of votes, the Chairman shall have a second or casting vote.
(5) No act or proceedings of the Board shall be invalid or be called in question merely on the ground of any vacancy in, or any defect in the constitution of, the Board.
9. The functions of the Board shall be- (a) to examine curricula and syllabi of schools and suggest revision thereof; (b) to pre test and evaluate the effectiveness of the curricula, syllabi and text books of schools; (c) to arrange for the preparation, of the manuscripts of the text books; (d) to arrange for the publication, distribution and sale of text books; (e) to approve of the text books, prize books, library and reference books; (f) to encourage scientific, literary and cultural works by providing grants and donations; (g) to donate books to the poor and deserving students; (h) to do such other acts and things as may be assigned to it by the Government from time to time.
10. (1) There shall be the following committees of the Board, namely:-
(a) Syllabus Committee; (b) Text Book Committee; (2) Each committee shall consist of such number of members as the Government may determine. (3) The members of the committees shall be appointed by the Government on the recommendation of the Board from among the following persons, namely:- (a) subject specialists; (b) class room teachers; (c) renowned intellectuals; (d) officers of the Board. (4) The members of the committees shall hold office on such terms and conditions as the Government may determine. (5) The Board may appoint such other committees as it deems necessary to assist it in the performance of its functions.
11. The Board may appoint such officers and other employees as it considers necessary for the performance of its functions on such terms and conditions as may be prescribed.
12. (1) The Board shall have its own Fund which shall be utilized by it to meet the charges in connection with its functions under this Ordinance. (2) The Fund shall consist of- (a) grants made by the Government; (b) loans obtained from the Government; (c) loans raised in Bangladesh; (d) grants received from foreign countries or organisations with the prior approval of the Government; (e) income from investments and properties; (f) fees and royalties, if any, collected by the Board. (3) All moneys of the Board shall be kept in any scheduled bank.
13. The Board shall, by such date in each year as may be directed by the Government, prepare a budget and submit it to the Government for approval.
14. (1) The Board shall maintain its accounts in such manner and form as the Government may, in consultation with the Comptroller and Auditor General of Bangladesh (hereinafter referred to as the Auditor General), specify. (2) The accounts of the Board shall be audited by the Auditor General in such manner as he deems fit. (3) For the purpose of audit under sub section (2), the Auditor-General or any person authorised by him in that behalf shall have access to all records, books, documents, cash, securities, stores and other property held and controlled by the Board and may examine the Chairman or any member, officer or employee of the Board. (4) The Auditor General shall submit his audit report to the Government and forward a copy thereof to the Board. (5) The Board shall submit its comments on the audit report to the Government and shall take steps as may be necessary to remedy any defects or irregularities pointed out in the audit report.
15. (1) No book which has not been approved as a text book by the Board or which has not been prepared and published by it shall be prescribed as a text book in any school: Provided that the Government may, by notification in the official Gazette, exempt any school or class of schools from the operation of this section. (2) The copyright of all text books and other books published by the Board shall vest in the Board.
16. The Government may call for any information or report on any matter of the Board from the Chairman and it shall be the duty of the Chairman to furnish such information or report to the Government within a reasonable time or within the time specified by the Government.
17. (1) The Board may require any printer, publisher, distributor, whole-seller or retailer of any text¬-book to furnish any information, return or report in respect of such text book. (2) If any printer, publisher, distributor, whole seller or retailer when required to furnish any information, return or report under sub section (1), fails to furnish such information, return or report or furnishes any information, return or report which is false in any material particular and which he knows or has reasonable cause to believe to be false or does not believe to be true, he shall be punishable with imprisonment for a term which may extend to three years or with fine, or with both.
18. The Board may, by general or special order in writing, direct that such of its powers shall, in such circumstances and under such conditions, if any, as may be specified in the order, be exercisable also by the Chairman or by such other member as may be so specified.
19. (1) The Board may, with the previous approval of the Government, make regulations for carrying out the purposes of this Ordinance. (2) All regulations made under this section shall be published in the official Gazette and shall come into force on such publication.
20. (1) On the establishment of the Board, the School Text Book Act, 1954 (E. B. Act XIV of 1954), shall stand repealed. (2) Upon the repeal under sub section (1),-
(a) the Bangladesh School Text Book Board, hereinafter referred to as the dissolved Board, shall stand dissolved;
(b) the National Curriculum Development Centre, hereinafter referred to as the dissolved Centre, shall, notwithstanding anything contained in any other law for the time being in force or in any rule, regulation or by-law, or in any contract or agreement, stand dissolved;
(c) all assets, rights, powers, authorities, privileges and all properties, movable and immovable, including lands, buildings, works, machineries, licences, permits, cash, bank balance, funds, investments of the dissolved Board and of the dissolved Centre and all other rights and interests in and arising out of such properties shall stand transferred to, and vest in the Board;
(d) 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 and the dissolved Centre immediately before such repeal shall be deemed to have been incurred, entered into, or engaged to be done by, with or for, the Board;
(e) all commissions, fees and royalties payable to the dissolved Board or the dissolved Centre shall be payable to the Board;
(f) all suits and other legal proceedings instituted by or against the dissolved Board or dissolved Centre before such repeal shall be deemed to be suits and proceedings by or against the Board and shall be proceeded or otherwise dealt with accordingly;
(g) every officer and other employee of the dissolved Board and the dissolved Centre shall stand transferred to the Board and shall serve the Board on the same terms and conditions as were applicable to them immediately before their transfer and shall continue to do so unless and until the employment in the Board is terminated or until his terms and conditions of service are altered by the Board with the prior approval of the Government.
(3) The Government may, for the purpose of removing any difficulty in relation to the transfer or other matters specified in this section, make such order as it considers expedient and any such order shall be deemed to be, and given effect to as, part of the provisions of this Ordinance.