NON-GOVERNMENT EDUCATIONAL INSTITUTIONS (TEACHERS AND EMPLOYEES) WELFARE TRUST ACT, 1990Act No.28 of 1990
An Act made to make provisions for the establishment of a welfaretrust for the benefit of teachers and employees of unofficial educationinstitutes
Whereas it is expedient to make provisions for the establishment ofa trust called welfare trust for the benefit of teachers and employeesof unofficial education institutes;
Therefore the following Act is hereby made:-
1. Short title and commencement.- (1) This Act may be calledwelfare trust for the benefit of teachers and employees of unofficial educationinstitutes Act, 1990.
(2) The Government may, by announcement in the official Gazette, putthis Act into effect at any date it will determine.
2. Definitions.- Unless there is anything repugnent in the subjector context, in this Act-
a) "employee" means any employee employed at a unofficial educationalinstitute receiving grants from the Government on account ofthe salary;3. Establishment of the trust.-
b) "trust" means the unofficial educational institutes, teachers andemployees welfare trust established under this Act;
c) "regulation" means any regulation made under this Act;
d) "unofficial education institute" means any unofficial secondaryschool, college or madrasa;
e) "board" means the trust board established under this Act;
f) "teacher" means any teacher employed at an unofficial educationalinstitute receiving grants from the Government on accuont ofthe salary.
(1) This Act having been put intoforce, a trust called welfare trust for the benefit of teachers and employeesof unofficial educationinstitutes shall, subject to the provisions ofthis Act, be established as fast as possible.
(2) The trust shall be a statutory institution and it shall have regularsuccession and a common seal and it shall have power to acquire,take undercustody and transfer any property, be it movable or immovable, and suitsmay be filed by or against it.
4. Head-office of the trust.- The head-office of the trust shallbe situated in Dhaka and it may, if need be, establish sub-offices at anyplace whatsoever.
5. General management.- The management and administration ofthe trust shall be entrusted to a trustee board, which shall have all thepowers and performall the functions the trust has, or is entitled to.
6. Trustee board.- (1) The trustee board shall comprise the followingmembers, namely:-
a) the Secretary of the Department of Education, who shallalso be its Chairman;
b) the Chief-Director of the office for secondary and higher education,who shall also be its vice-chairman;
c) a director of the office for secondary and higher education nominatedby the Government;
d) an officer of the Department of Education nominated by that Department;
e) an officer of the Establishment Council nominated by that Council;
f) an officer of the Department of Finance nominated by that Department;
g) six teachers nominated by the Government, comprising two teachersof unofficial secondary schools and two teachers of unofficialmadrasas;
h) two employes nominated by the Government.
(2) The board shall have a secretary who shall be nominated by the Governmentfrom among the teachers referred to in clause g) ofsubsection (1).
(3) Whoever has been nominated member of the board under clause g)and clause h) of subsection (1) shall remain so for three yearsbeginningfrom the date of the nomination:
Provided that the Government may, before the expiry of that period,remove at any time any such member from his post without showingany reason:
Provided further that any such member may resign his post by sendinga signed letter to the Government.
7. Duties of the trust.- The trust shall have the following duties-
a) granting of benefits etc. to retired teachers and employeesof unofficial educational institutes;8. Meetings of the Board.-
b) rendering financial support to teachers and employees of unofficialeducation institutes, who have, for one reason or other, falleninto distresswhile being in employment;
c) rendering assistance to the families of teachers and employees ofunofficial educational institutesin, who died in an accidentwhile beingin employment;
d) rendering financial support to teachers and employees of unofficialeducation institutes, who suffer from a grave and prolongatedillness whilebeing in employment;
e) providing for the welfare of teachers and employees of unofficialeducation institutes generally;
f) taking all measures necessary for the fulfillment of the abovementionedduties.
(1) Subject to the provisions of thissection, the Board may determine the procedure of its meetings.
(2) The meetings of the Board shall be convened by the secretary afterthe consent of its Chairman and it shall be hold at the placeand timedetermined by the Chairman.
(3) The meetings of the Board shall be presided over by the Chairman,and in case of his absence, by the Vice-Chairman, and case ofthe absenceof both, by a member chosen by the present members of the meeting fromamong themselves.
(4) The meeting of the Board to form a quorum, the presence of no lessthan one third of the total membership shall be required, butno quorumshall be required in the case of postponed meetings.
(5) Every member shall have one single vote and the person presidingover the meeting shall, in the event of a tied vote, have thepower tocast a second or decisive vote.
(6) No act or proceeding of the Board shall be invalid on the mereground of the existance of a vacancy in, or any defect in the constitution,of the Board and no question may be raised referring to this.
9. Fund of the trust.- (1) The trust shall have a fund and itshall meet the expenditures necessary to fulfill its duties from this fund.
(2) The Government shall, after the establishment of a trust underthis Act, as fast as possible, deposit a lump-grant of ten millionTakaswith a bank scheduled for the benefit of the trust and the interests andprofits arising out of the deposited money shall bedeposited with thefund as grants of the Government.
(3) With the fund of the trust shall be deposited-
a) interests and profits received under subsection (1);
b) grants given by the Government;
c) contributions paid by teachers and employees of unofficial educationinstitutes;
d) contributionspaid by pupils of unofficial education institutes;
e) grants given by local authorities;
f) money the trust may receive from other sources.
(4) The fund of the trust may, after approval of the Board, be depositedwith any scheduled bank and it shall be conducted in theways determinedby regulations.
(5) The money of the trust shall be invested in such sectors as maybe determined by regulations.
10. Contributions paid by teachers and employees.- (1) Everyteacher and employee of an unofficial education institution shall pay contributionsto the fund of the trust of such amountand in such way as will be determinedby regulations.
(2) If any teacher or employee expresses his refusal to pay the contributionsreferred to under subsection (1) or if his contributionsare outstanding,he or any member of his family shall not be entitled to receive any benefitunder this Act:
Provided that where, in the case of outstanding contributions, theBoard comes to the decision that the contributions have not beenleft outstandingwillingly, or that the contributions have been left outstanding due tocircumstances which are out of control ofthe contributors, the Board may,after providing for the payment of the outstanding contributions, granthim or any member of hisfamily the benefits under this Act.
11. Contributions paid by pupils.- (1) Notwithstanding anythingcontained in any Act for the time being in force, every pupil of an unofficialeducation institutionshall, within one month after the commencement ofthe teaching year, pay a lump contribution, of the amount and in the waydeterminedby regulations, for the fund of the trust.
(2) The authorities of the education institution shall, in the waydetermined by regulations, deposit the contributions of the pupilsreferredto under subsection (1) with the fund of the trust.
(3) Where, after the termination of the teaching year, it becomes apparentfor any reason that a education institution did not realizethe contributionsreceivable from its pupils or that it did not deposit the realized contributionswith the fund of the trust, theGovernment shall, on application from theBoard, subtract the amount of those contributions from the grants to begiven to the educationinstitution, and deposit it with the fund of thetrust.
12. Keeping and auditing of accounts.- (1) The trust shall keepits accounts properly and it shall prepare an annually report thereof.
(2) The auditor and controller of mega-accounts of Bangladesh, hereinafterreferred to as auditor of major accounts, shall audit theaccounts of thetrust annually and send a copy of the auditing report to the Governmentand Board.
(3) The auditor of major accounts or any other person authorized byhim in this behalf may, for the purpose of auditing accounts inaccordancewith subsection (2), investigate all the records, credentials, money, incash or deposited with a bank, securities, stocksor other kinds of assetsof the trust and it may inquire any member, officer or employee of thetrust.
13. Officers and employees of the trust.- The trust may appointsuch number of officers and employees as may be required to perform itsfunctions properly and the conditionsof their employment shall be determinedby regulations.
14. Report- (1) The trust shall annually, within a period thatmay extend to June 30, send a report together with a ledger of the functionsperformedin the course of the foregoing year to the Government.
(2) The Government may, if need be, at any time demand reports andstatements on whatever subject from the trust and the trust shallbe boundto furnish such reports and statements.
15. Release from liability.- If by any action taken in good faithunder this Act or under any regulation, any person suffers, or is likelyto suffer, any loss,it shall not be possible to raise any suit beforeany civil or criminal court, or any other legal procedure, against anymember,officer or employee of the trust.
16. Power to make regulations.- The trust may, with the priorapproval of the Government and by notification in the official Gazette,make, for the purpose of thisAct, such regulations as are not inconsistentwith this Act.