§ 1Short title and introduction
Sections53
LanguageEnglish
The Private University Act, 2010 (Act No. 35 of 2010) regulates the establishment, management, and governance of private universities in Bangladesh. It repeals and replaces the Private University Act, 1992. All private universities established after its commencement, and existing private universities are deemed established under it. The Act designates the University Grants Commission (UGC), originally established by the UGC Order 1973, as the regulatory authority for the private university sector. Key mechanisms include government approval through a temporary permit followed by a permanent charter (sections 5-11), the formation of a Board of Trustees and Syndicate, and the appointment of a Vice-Chancellor by the Chancellor (the President of Bangladesh) upon recommendation of the Board of Trustees (section 31). The Act requires minimum infrastructure standards of 25,000 sq ft building space, at least 3 faculties and 6 departments, and a reserve fund of 3-5 crore taka (section 6). Notable provisions include the prohibition on establishing branch campuses of foreign universities without government approval (section 39), regulation of student fees (section 42), UGC inspection powers (section 46), and penalties for violations including charter revocation (section 48). The Act is currently in force.
Full text · showing key sections
§ 2Definition
Unless there is anything contrary to the subject or context, in this Act—
(1)“Faculty” means the Faculty of Education or School of Studies of a private university;
(2)“Academic Council” means the Academic Council of a private university;
(3)“Accreditation Council” means the Accreditation Council constituted under section 38;
(4)“campus” means an approved campus of a private university;
(5)“prescribed” means prescribed by this Act or the Rules or, as the case may be, by the University Grants Commission;
(6)“Founder” means any philanthropic person, academician, individual-group charitable trust and organization establishing a private university;
(7)“private university” means any private university established under this Act;
(8)“Board of Trustees” means the Board of Trustees of a private university;
(9)“recognised university” means for the time being: any university established by or under any law in force, and shall also include any other university declared to be recognized by the Government for the purposes of this Act;
(10)“rules” means rules made under this Act;
(11)“University Grants Commission” or “Commission” means the University Grants Commission of Bangladesh constituted by the University Grants Commission of Bangladesh Order, 1973 (P. O. No. 10 of 1973);
(12)“University Statute” means the Statute of any private University made under section 37;
(13)“Appropriate Authority” means the Capital Development Authority, Chittagong Development Authority, Rajshahi Development Authority, Khulna Development Authority or the concerned City Corporation, Municipality or Union Parishad as the case may be;
(14)“certificate” means a certificate issued under this Act;
(15)“reserved fund” means the reserved fund referred to in clause (9) of section 6;
(16)“general fund” means the general fund created under section 44;
(17)“temporary permit” means a temporary permit issued under this Act;
(18)"Syndicate" means a syndicate of a private university.
§ 3Establishment and management of private universities
(1)Subject to the provisions of sub-section (2), a private university may be established at any place in Bangladesh in accordance with the provisions of this Act;
(2)No private university shall be established or operated at any place in Bangladesh, or any post-graduate or graduate degree or diploma or certificate course shall be operated or any degree, diploma or certificate shall be granted under any foreign university in Bangladesh, without obtaining a temporary permission or, as the case may be, a charter from the Government under this Act;
(3)No brochure, prospectus, leaflet etc. shall be published and circulated for the purpose of admitting students or conducting educational activities at any private university not approved under this Act or at any branch campus, study centre or tutorial centre of any foreign university/institution in Bangladesh. Moreover, no advertisement of any kind shall be published and circulated in print or electronic media;
(4)Notwithstanding anything contained in sub-sections (1) and (2), if the Government, having regard to the environment, security, public interest or any other matter of the country, declares by notification that a private university or its campus cannot be established at any place, then no private university or its campus shall be established at such place;
(5)No private university shall be established under such name as any recognised or private university under this Act or any other law has been previously established and is in existence under that name, or under which any recognised or private university was previously in existence but is not currently in existence under that name, or the proposed name is similar to that name:
Provided thatany existing private university, with the prior approval of the Government and in compliance with all conditions required to be fulfilled for establishing a new private university under this Act, may establish another separate and full-fledged university under a similar name;
(6)Every private university established under this Act shall have perpetual succession and a common seal and shall have the right to acquire, hold and transfer immovable and movable property in its own name, and suits may be instituted by or against the private university in that name.
§ 4Private universities are open to all
Private universities shall be open to the admission of eligible students of all classes, regardless of caste, religion, caste, tribe, sex, place of birth or physical handicap, to acquire knowledge and certificates on completion of degree, diploma or certificate courses with success.
§ 5Application for temporary permit
Subject to the fulfillment of the conditions of section 6, any founder may apply in the prescribed form to the University Grants Commission for a temporary permit for the purpose of establishing and running a private university under this Act.
§ 6Conditions of temporary permit
The following conditions shall be fulfilled for the temporary permit under this Act, namely:-
(1)A Board of Trustees comprising not more than 21 (twenty one) but not less than 9 (nine) members shall be constituted for the purpose of establishing and managing the proposed private university;
(2)The proposed private university shall have sufficient space and infrastructure for teaching, sufficient number of classrooms, library, laboratory, auditorium, seminar room, office room, separate common room for students and other necessary rooms;
(3)The proposed private university shall have its own or rented building with an area of at least 25,000 (twenty five thousand) square feet;
(4)The proposed private university shall have at least 3 (three) faculties and at least 6 (six) departments under said faculties;
(5)The proposed private university shall formulate a plan relating to its educational programme, which shall be previously approved by the University Grants Commission;
(6)The proposed private university shall appoint the number of full-time qualified teachers determined by the Commission for each of its departments, programs and courses;
(7)If the teachers to be employed in the proposed private university are working in any other university or institution, they have to submit the approval letter of the original employing authority to the Commission;
(8)A detailed curriculum of the proposed private university and the total number of seats in each subject and course formulation shall be approved by the Commission;
(9)As reserve fund in the name of the proposed private university, at least 5 (five) crores of Taka for Dhaka and Chittagong metropolitan areas and at least 3 (three) crores of Taka for other areas and 1.5 (one crore fifty lakh) crores for other areas shall be deposited in any Scheduled Bank; And
(10)The proposed private university shall not participate directly or indirectly in any activity which may be considered harmful to the independence, sovereignty and national interests of Bangladesh and the interest of students or shall not provide any sponsorship to any person or institution in any way for terrorist or militant activities or any such activities.
§ 7Grant of temporary permission
(1)On receipt of any application under section 5, the Government may require from the applicant such additional information as it may consider necessary regarding the matter and if, after considering the application, the Government is satisfied that the applicant has fulfilled the conditions of section 6, the Government shall, in the form prescribed by the rules, grant temporary permission for the temporary establishment and operation of a private university in favor of the applicant.
(2)The validity of the temporary permit shall be 7 (seven) years after its issuance.
(3)If the Government, after receiving any application under section 5, is satisfied that the applicant has failed to fulfill any of the conditions of section 6 or that there is no need for the establishment of more private universities in the country for a specified period, the Government may, by order in writing, reject the application after giving the applicant an opportunity of being heard.
(4)Any person or institution aggrieved against any rejection order given under sub-section (3) may apply to the Government for reconsideration of the matter within 30 (thirty) days from the date of issue of said order.
(5)After receipt of any application under sub-section (4), the Government shall give a decision thereon within 60 (sixty) days and the decision of the Government in this regard shall be deemed to be final.
§ 8Application for certificate and receipt of certificate
Every private university, after obtaining the temporary permission under sub-section (1) of section 7, within the period mentioned in sub-section (2) of the said section, or if the temporary permission is renewed under section 11, within the period mentioned in sub-section (2) of the said section, subject to fulfilling the conditions mentioned in section 9 and by submitting an application to the government in the form prescribed by the rules, it has to accept the certificate.
§ 9Conditions of Certificate
Every private university granted provisional permission under section 7 shall fulfill the following conditions for certification under this Act, namely:-
(1)In case of Dhaka and Chittagong metropolitan areas, there shall be at least 1 (one) acre of land in the name of the proposed private university and for other areas at least 2 (two) acres of free, unbroken and free land;
(2)The permanent infrastructure of the private university shall be constructed within the period given in the temporary permit, after approval of the plan of the campus and university buildings by the appropriate authorities on the private university's own land mentioned in clause (1);
(3)The land of the proposed private university shall not be encumbered or transferred in any way to any person or institution;
(4)A minimum of six percent of the full-time students admitted in each academic year of the private university shall be reserved for the children of freedom fighters and three percent of the seats shall be the children of freedom fighters and three percent of the seats shall be reserved for the admission of meritorious but poor students from remote underdeveloped areas.
(5)Provision of security for the movement, education and life of the students in the campus;
(6)A portion of the annual budget of the private university shall be allocated for research as determined by the commission; And
(7)Every private university granted temporary permission shall comply with all the conditions applicable under this Act before applying for the certificate.
§ 10Issuance of certificates
On receipt of any application under section 8, the Government may require from the applicant such additional information on the matter as it considers necessary, and if, after considering the application, the Government is satisfied that the applicant has fulfilled the conditions of section 9, the Government shall, in the form prescribed by rules, issue a certificate for the permanent establishment and management of a private university in favor of the applicant.
§ 11Renewal of temporary permit
(1)If a private university granted temporary permission under section 7 is not able to fulfill the conditions mentioned in section 9 within the period of the temporary permission, it may apply to the government for renewal of the said temporary permission before its expiry.
(2)On receipt of an application under sub-section (1), the Government may, subject to necessary enquiry, renew the temporary permission in favor of the concerned private university for a period not exceeding 5 (five) years.
§ 12Consequences of failure to comply with certification conditions
(1)If a private university fails to apply for a certificate within the period of the temporary permit or, as the case may be, within the period of the renewed temporary permit, or if it fails to fulfill any of the conditions of Section 9 for obtaining the certificate, all activities related to admission and education in the concerned private university shall be stopped immediately upon the expiry of the said temporary permit or, as the case may be, the renewed temporary permit.
(2)If the admission and education program of a private university is stopped under sub-section (1), the concerned private university shall take necessary measures in respect of the students of its ongoing program or course, as per the directions of the University Grants Commission.
§ 13Approved campus
(1)The temporary permit or, as the case may be, the certificate issued for the establishment and operation of a private university shall contain specific reference to the city or place where the approved campus of the concerned private university shall be established and operated.
(2)The approved campus of the concerned private university shall be limited to the city or place mentioned under sub-section (1) and no activities of the said university or any campus or branch shall be established and managed in any other place.
(3)Subject to the fulfillment of the conditions prescribed by the University Grants Commission, any private university may apply to the Commission to start a new faculty, department or institute of the said university in the city or place of the campus approved under sub-section (1).
(4)Within 90 (ninety) days of the receipt of the application under sub-section (3), the Commission shall, after completing the necessary inspection, render its decision in the matter.
(5)If the Commission under sub-section (4) does not give a decision within the prescribed time or if the concerned party is aggrieved by any decision so given, an appeal against the said decision may be made to the Chancellor within 30 (thirty) days from the date of giving the said decision and in this regard the decision of the Chancellor shall be considered as final.
§ 14Private University Authority
(1)Every private university shall have the following authorities, namely:-
(a) Board of Trustees;
(b) Syndicate;
(c) Academic Council;
(d) Faculty;
(e) Institute;
(f) Curriculum Committee;
(g) Finance Committee;
(h) Teacher Recruitment Committee; And
(j) Order Committee.
(a) Board of Trustees;
(b) Syndicate;
(c) Academic Council;
(d) Faculty;
(e) Institute;
(f) Curriculum Committee;
(g) Finance Committee;
(h) Teacher Recruitment Committee; And
(j) Order Committee.
(2)In addition to the authority mentioned in sub-section (1), any other authority may, with the prior approval of the Chancellor, be constituted as may be necessary for the smooth and efficient discharge of the functions of any private university.
§ 15Board of Trustees
There shall be a Board of Trustees for the establishment and management of every private university and one member shall be elected as the President of the Board of Trustees from among the members of the said Board.
§ 16Powers and Responsibilities of the Board of Trustees
Subject to the provisions of this Act, the Board of Trustees shall exercise the following powers and duties, namely:-
(1)Determining the common seal of the concerned private university and determining the system of its custody and usage;
(2)approval of the organizational structure of private universities;
(3)Sending the university employment rules and university statutes made by the Syndicate to the University Grants Commission with approval;
(4)Confirmation of financing arrangements for private universities;
(5)On the recommendation of the Syndicate, subject to the provisions of the University Statute and the provisions of this Act, approving proposals regarding the creation of posts of teachers, officers and employees of the respective private universities, the duties and responsibilities of the posts created, terms and conditions of employment and salary, determination of student fees and recruitment;
(6)Arranging, approving and auditing the annual accounts of private universities;
(7)approve the budget recommended by the Syndicate;
(8)With the aim of establishing good governance, organizing a discussion meeting at least once a year with the university teachers, students-parents, alumni and other related persons on the related issues and formulating and implementing development programs based on the opinions received in the meeting;
(9)submit proposals to the Chancellor subject to the provisions of sections 31, 32 and 33, respectively, for the appointment of Vice-Chancellors, Pro-Vice-Chancellors and Treasurers of private universities; And
(10)To approve the annual report prepared by the Syndicate and send it to the Chancellor.
§ 17Syndicate
(1)Every private university shall have a Syndicate and the Syndicate shall consist of the following members, namely:-
(a) the Vice-Chancellor, who shall also be its President;
(b) the Pro-Vice-Chancellor;
(c) the Treasurer;
(d) 1 (one) member of Academic Council, 1 (one) Dean and 1 (one) Head of Department nominated by the Vice-Chancellor;
(e) 1 (one) academician or academician nominated by the Government;
(f) 3 (three) members thereof nominated by the Board of Trustees;
(g) one (1) such representative nominated by the University Grants Commission, who shall be a Professor of the University and not serving on the Commission; And
(h) the Registrar, who shall also be its Secretary.
(a) the Vice-Chancellor, who shall also be its President;
(b) the Pro-Vice-Chancellor;
(c) the Treasurer;
(d) 1 (one) member of Academic Council, 1 (one) Dean and 1 (one) Head of Department nominated by the Vice-Chancellor;
(e) 1 (one) academician or academician nominated by the Government;
(f) 3 (three) members thereof nominated by the Board of Trustees;
(g) one (1) such representative nominated by the University Grants Commission, who shall be a Professor of the University and not serving on the Commission; And
(h) the Registrar, who shall also be its Secretary.
(2)The nominated members of the Syndicate shall hold office for a period of two (2) years from the date of their nomination:
Provided that, notwithstanding the expiry of the term of any such member, such member shall continue in office until his successor assumes office.
§ 18Powers and Responsibilities of Syndicate
Subject to the provisions of this Act, the Syndicate shall exercise the following powers and duties, namely:-
(1)Supervise and manage the academic functions, administrative functions and general management of the University as the executive authority of the concerned private university;
(2)Reviewing the annual budget prepared by the Finance Committee and finalizing recommendations for approval by the Board of Trustees;
(3)Submit to the Board of Trustees, subject to the provisions of the University Statute and the provisions of this Act, the creation of posts of teachers, officers and employees of the concerned private universities, the duties and responsibilities of the posts created, the terms and conditions of employment, the determination of student fees and the appointment of the Board of Trustees;
(4)Approving University examinations and their results on the recommendation of the Academic Council;
(5)Supervision and custody of all examination certificates and certificate security symbols issued by private universities;
(6)Examining the recommendations or proposals of the ranking committee for ensuring the orderliness of all levels of private universities and for remedying and punishing anti-orderly behavior;
(7)examine and decide on the recommendations or proposals of the ranking committee in cases of sexual harassment or sexual harassment complaints at all levels of private universities;
(8)consider and decide on the recommendations of the Academic Council;
(9)Ensuring proper storage of student registration, examination results, accounts and other important records of private universities;
(10)submit for the approval of the Board of Trustees the constitution of the University; And
(11)Annual report prepared and sent to the Chancellor, Government and University Grants Commission through the Board of Trustees.
§ 19Academic Council
(1)Every private university shall have an Academic Council and the Academic Council shall consist of the following members, namely:-
(a) the Vice-Chancellor, who shall also be its President;
(b) the Pro-Vice-Chancellor;
(c) all Deans;
(d) Heads of all departments or institutes;
(e) one professor from each department nominated on the basis of seniority and hierarchy;
(f) 03 (three) academicians nominated by the Board of Trustees;
(g) 2 (two) academicians nominated by the Syndicate; And
(h) the Registrar, who shall also be its Secretary.
(a) the Vice-Chancellor, who shall also be its President;
(b) the Pro-Vice-Chancellor;
(c) all Deans;
(d) Heads of all departments or institutes;
(e) one professor from each department nominated on the basis of seniority and hierarchy;
(f) 03 (three) academicians nominated by the Board of Trustees;
(g) 2 (two) academicians nominated by the Syndicate; And
(h) the Registrar, who shall also be its Secretary.
(2)The nominated members of the Academic Council shall hold office for a period of two years from the date of their nomination:
Provided that, notwithstanding the expiry of the term of any such member, such member shall continue in office until his successor assumes office.
§ 20Powers and Responsibilities of Academic Council
(1)The Academic Council shall be the main authority for the educational affairs of the private university.
(2)Academic Council—
(a) The private university concerned shall be responsible for improving and maintaining the standards of admission, teaching, learning and examination and shall have control and supervision over all these matters;
(b) subject to the approval of the Syndicate, determine the subjects of curriculum and courses of study and research in accordance with the provisions of this Act, the relevant policies of the University Grants Commission and the provisions of the University Statute;
(c) The University shall exercise such other powers and duties as may be conferred by statute and advise the Syndicate on all matters relating to education.
(a) The private university concerned shall be responsible for improving and maintaining the standards of admission, teaching, learning and examination and shall have control and supervision over all these matters;
(b) subject to the approval of the Syndicate, determine the subjects of curriculum and courses of study and research in accordance with the provisions of this Act, the relevant policies of the University Grants Commission and the provisions of the University Statute;
(c) The University shall exercise such other powers and duties as may be conferred by statute and advise the Syndicate on all matters relating to education.
§ 21faculty
(1)Every private university shall have at least 3 (three) or more faculties of education or schools of studies.
(2)In every faculty of a private university, a dean nominated by the Vice-Chancellor from among the teachers of the faculty shall be the head of the faculty and he shall be in charge of conducting educational programs and research in matters specified by this Act and the rules made thereunder and by the University Constitution and approved by the University Grants Commission, subject to the control of the Academic Council.
§ 22department
(1)Subject to the control of the Academic Council of every private university and the respective faculties, every department of the said university shall be responsible for the conduct of educational programs and research on matters specified by this Act, rules and university statutes and approved by the University Grants Commission.
(2)In every department of a private university there shall be a Head of Department nominated by the Vice-Chancellor from among the teachers and he shall conduct the educational activities in accordance with this Act, Rules and University Statutes and the syllabus and curriculum approved by the Commission under the control and general supervision of the Vice-Chancellor through the concerned Dean.
§ 23Institute
(1)With the approval of the University Grants Commission, any private university may establish one or more institutes.
(2)There shall be a Director for every institute established under sub-section (1), and he shall, under the control and general supervision of the Vice-Chancellor, conduct the affairs of the Institute in respect of this Act, the Rules and the University Statutes and the activities authorized by the Commission.
§ 24Curriculum Committee
24 (1) Every private university shall have a curriculum committee for each department.
(2)All departmental teachers and 2 (two) expert members of related subjects from any other recognized or private university will be members of the Curriculum Committee and the Head of the Department will be the Chairman of the Curriculum Committee.
(3)Every subject and course of a private university shall be approved by the University Grants Commission and no student shall be admitted to the concerned subject or course before the written approval letter is issued.
(4)If any significant change or enhancement of any subject or course approved by the Commission is desired, the Curriculum Committee shall make an application to the Commission along with its rationale.
(5)The Commission shall render its decision on any application under sub-section (4) within 90 (ninety) days of receipt thereof.
(6)If the Commission does not give a decision within the prescribed time under sub-section (5), or if the concerned university is aggrieved by any decision given by it, within 30 (thirty) days from the date of giving the said decision, an appeal against the said decision may be made to the Chancellor and the Chancellor's decision in this regard shall be considered as final.
§ 25Finance Committee
(1)Every private university shall have a finance committee and the term of the nominated members of the said committee shall be 3 (three) years.
(2)The Finance Committee shall consist of the following members, namely:-
(a) 3 (three) members thereof nominated by the Board of Trustees, one of whom shall be the President;
(b) the Vice-Chancellor;
(c) the Treasurer;
(d) 1 (one) Head of Department nominated by the Vice-Chancellor;
(e) 2 (two) representatives with relevant experience nominated by the Syndicate; And
(f) Director (Finance), who shall also be its Member-Secretary.
(a) 3 (three) members thereof nominated by the Board of Trustees, one of whom shall be the President;
(b) the Vice-Chancellor;
(c) the Treasurer;
(d) 1 (one) Head of Department nominated by the Vice-Chancellor;
(e) 2 (two) representatives with relevant experience nominated by the Syndicate; And
(f) Director (Finance), who shall also be its Member-Secretary.
§ 26Powers and Responsibilities of the Finance Committee.
(1)The Finance Committee shall prepare the annual budget of the private university and forward it to the Board of Trustees through the Syndicate for approval.
(2)The Finance Committee shall advise and recommend the Syndicate and the Board of Trustees on all financial matters.
§ 27Teacher Recruitment Committee
For the appointment of teachers, a Teacher Appointment Committee shall be constituted in every private university consisting of the following members, namely:-
(1)the Vice-Chancellor, who shall also be its President;
(2)the Pro-Vice-Chancellor;
(3)3 (three) academicians nominated by the Board of Trustees;
(4)2 (two) experts in the respective subject nominated by the Syndicate;
(5)Dean concerned; And
(6)Head of Department or Institute concerned, who is not below the rank of Professor.
§ 28Series committee
(1)Every private university shall have a ranking committee consisting of the following members, namely:-
(a) 1 (one) member nominated by the Board of Trustees who shall be its Chairman;
(b) the Vice-Chancellor;
(c) Deans of all Faculties;
(d) 1 (one) Head of Department nominated by the Syndicate;
(e) the Registrar;
(f) Proctor, who shall also be its Member-Secretary.
(a) 1 (one) member nominated by the Board of Trustees who shall be its Chairman;
(b) the Vice-Chancellor;
(c) Deans of all Faculties;
(d) 1 (one) Head of Department nominated by the Syndicate;
(e) the Registrar;
(f) Proctor, who shall also be its Member-Secretary.
(2)The scope of work of the Order Committee shall be determined by the Syndicate.
(3)The ranking committee shall ensure the ranking of all levels of the concerned university.
(4)In order to remedy and punish all levels of anti-disciplinary behavior including sexual harassment and sexual harassment in the concerned university, the order committee shall formulate the necessary policies for the filing of complaints, investigation and hearing, and accordingly, take effective measures quickly and submit the proposal containing the necessary recommendations for the decision of the Syndicate.
(5)If any complaint is raised against any member of the Series Committee, the Board of Trustees shall immediately constitute an inquiry committee consisting of five members, out of which two members of the Board of Trustees, two members of the Syndicate and one legal expert shall be present.
(6)On the recommendation of the Inquiry Committee constituted under sub-section (5), the Board of Trustees shall, in accordance with the provisions of this Act, take appropriate action against the concerned member of the Committee.
§ 29Officials of private universities
(1)Every private university shall have the following full-time officers, namely:-
(a) the Vice-Chancellor;
(b) the Pro-Vice-Chancellor;
(c) the Treasurer;
(d) Controller of Examinations;
(e) Dean or Director;
(f) the Registrar;
(g) Proctor;
(h) Head of Department;
(j) Adviser (Student Welfare);
(j) Director (Finance);
(k) Public Relations Officer; And
(d) Librarian.
(a) the Vice-Chancellor;
(b) the Pro-Vice-Chancellor;
(c) the Treasurer;
(d) Controller of Examinations;
(e) Dean or Director;
(f) the Registrar;
(g) Proctor;
(h) Head of Department;
(j) Adviser (Student Welfare);
(j) Director (Finance);
(k) Public Relations Officer; And
(d) Librarian.
(2)In addition to the officers mentioned in sub-section (1), any other officer necessary for the efficient performance of the functions of any private university shall be appointed.
§ 30the chancellor
(1)The President of the People's Republic of Bangladesh shall be the Chancellor of all private universities.
(2)The Chancellor or any dignitary designated by him shall preside over the convocation ceremony for the conferment of academic degrees and honorary degrees of private universities.
(3)Every proposal for the award of an honorary degree by a private university shall have the concurrence of the Chancellor.
(4)Convocations for the conferment of academic degrees shall be held, with the approval of the Chancellor, every year, or at such intervals as he may by order determine.
(5)The Ministry of Education shall perform the secretarial duties of the Chancellor.
§ 31Vice-Chancellor
(1)The Chancellor shall appoint any person recommended by the Board of Trustees of a private university as Vice-Chancellor of the said University for a term of 4 (four) years.
(2)The Vice-Chancellor shall be the Chief Executive and Academic Officer of the said University and shall be responsible for implementing the decisions of the Syndicate and the Board of Trustees.
(3)For appointment to the post of Vice-Chancellor under sub-section (1), a first-class or equivalent bachelor's and master's degree or Ph.D. degree and a total of 20 (twenty) years of experience in research or administrative work with at least 10 (ten) years of teaching experience in a recognized university.
(4)If a person proposed for appointment to the post of Vice-Chancellor is working in any other private university or a recognized university, a clearance letter from the original appointing authority of the person should be submitted along with the proposal under sub-section (1).
(5)The proposal for appointment to the post of Vice-Chancellor under sub-section (1) shall be accompanied by the written consent of the proposed person.
(6)If a Vice-Chancellor appointed under this section is unable to perform his duties for any reason, the Pro-Vice-Chancellor of the concerned private university shall temporarily perform the duties of the Vice-Chancellor of the said University, but if the post of Pro-Vice-Chancellor is vacant in the concerned University, the Treasurer of the said University shall perform the duties of the Vice-Chancellor.
(7)The Vice-Chancellor shall be an ex-officio member of the Board of Trustees.
(8)The Vice-Chancellor shall be responsible for his work to the Syndicate and the Board of Trustees.
(9)The Chancellor may, on the recommendation of the Board of Trustees, for cause shown and acceptable, remove the Vice-Chancellor:
Provided thatthe Vice-Chancellor concerned shall be given an opportunity to defend himself before taking the decision of removal.
§ 32Pro-Vice Chancellor
(1)The Chancellor shall appoint a person nominated by the Board of Trustees of a private university as the Pro-Vice Chancellor of the said University for a term of four (4) years.
(2)For appointment to the post of Pro-Vice Chancellor under sub-section (1), a first-class or equivalent graduate and post-graduate degree or Ph.D degree and a total of 15 (fifteen) years of experience in research or administrative work with at least 10 (ten) years of teaching experience in a recognized university shall be required.
(3)If a person proposed for appointment to the post of Pro-Vice-Chancellor is working in any other private university or a recognized university, a clearance letter from the original appointing authority of the person should be submitted along with the proposal under sub-section (1).
(4)The proposal for appointment to the post of Pro-Vice-Chancellor under sub-section (1) shall be accompanied by the written consent of the proposed person.
(5)The Pro-Vice-Chancellor shall perform such duties as may be prescribed by the University Statutes and assigned by the Vice-Chancellor.
(6)The Chancellor may, for any specified reason, on the recommendation of the Board of Trustees, remove the Pro-Vice-Chancellor of a private University:
Provided thatthe Pro-Vice Chancellor concerned shall be given an opportunity to defend himself before taking the decision of removal.
§ 33Treasurer
(1)The Chancellor, on the recommendation of the Board of Trustees and subject to the provisions of sub-section (2), shall appoint a person as Treasurer of the private university concerned for a term of four (4) years.
(2)At least 15 (fifteen) years of teaching, administrative or financial management experience with at least a master's degree for appointment to the post of treasurer.
(3)The Treasurer shall have overall supervision of the funds of the Private University and shall keep the income and expenditure accounts and shall be responsible for the preparation of the annual budget of the University, financial management and order and accounting.
(4)If any circumstances arise for the removal of the Treasurer, on the recommendation of the Syndicate, the Board of Trustees shall forward to the Chancellor a proposal for removal clearly stating the reasons therefor and the Chancellor may, in consideration of the proposal, remove the Treasurer concerned:
Provided, however, that before taking the decision to remove, the Treasurer concerned shall be given an opportunity to defend himself.
Provided, however, that before taking the decision to remove, the Treasurer concerned shall be given an opportunity to defend himself.
§ 34Appointment of Registrar, Librarian and other officers
(1)A recruitment committee consisting of the following members shall be constituted for the appointment of Registrars, Librarians and other officers of private universities, namely:-
(a) the Vice-Chancellor, who shall also be its President;
(b) the Pro-Vice-Chancellor;
(c) two of its representatives nominated by the Board of Trustees;
(d) two such representatives of the Syndicate who are not members of the Board of Trustees, nominated by the Syndicate; And
(e) a Professor outside the University nominated by the Vice-Chancellor.
(a) the Vice-Chancellor, who shall also be its President;
(b) the Pro-Vice-Chancellor;
(c) two of its representatives nominated by the Board of Trustees;
(d) two such representatives of the Syndicate who are not members of the Board of Trustees, nominated by the Syndicate; And
(e) a Professor outside the University nominated by the Vice-Chancellor.
(2)Registrars, Librarians and other officers of private universities shall be appointed on the terms and conditions prescribed by the Syndicate, on the recommendation of the Appointments Committee constituted under sub-section (1).
§ 35Educational activities, etc
(1)Every private university shall take the written approval of the University Grants Commission in respect of its educational program plan or curriculum:
Provided, however, that in the case of starting any program or course, if the approval of any other organization is mandatory in any rule made under any other law, then the approval of that organization shall also be taken.
Provided, however, that in the case of starting any program or course, if the approval of any other organization is mandatory in any rule made under any other law, then the approval of that organization shall also be taken.
(2)Application for the approval mentioned in sub-section (1) shall be made in the manner prescribed by the Commission.
(3)The number of part-time teachers in each department or program of a private university shall not be more than one-third of the full-time number of teachers in the respective course, but resource persons coming from other professional areas other than teachers shall not be included in this.
(4)If any teacher or officer working in a recognized university or a private university or any other institution is appointed as a part-time teacher in a private university, the person's original appointing authority should take the approved clearance.
(5)The Commission shall dispose of the application under this section within 90 (ninety) days.
(6)If the Commission refuses to approve any application under this section, an appeal shall lie to the Chancellor within 30 (thirty) days from the date of such refusal and the Chancellor's decision in the matter shall be deemed final.
(7)If there is a deadlock in a private university due to any reason or if there is a danger that its normal educational program will be disrupted and the students will be harmed, in the interest of continuing the normal educational program of the said university, the chancellor may issue necessary orders and directions on the recommendation of the Commission and the Ministry of Education and the decision of the chancellor in this regard will be considered final.
§ 36Quality assurance of education
In order to ensure the quality of education, every private university shall have an internal quality assurance cell or unit and the annual report of the concerned private university shall contain a description of the measures taken in this regard.
§ 37University Statutes
The Syndicate, in the light of these Acts, Rules and the orders and policies made by the Government and the University Grants Commission, shall take the approval of the Chancellor through the Board of Trustees and the Government for the execution of the educational, research, administrative, financial and other functions of the concerned private universities.
§ 38Accreditation Council
(1)For the purposes of this Act, the Government shall constitute a national, independent and independent Accreditation Council.
(2)The Accreditation Council shall, in the manner prescribed by rules, perform the duties assigned to it.
§ 39Conducting courses or setting up campuses in foreign universities or institutions
(1)No foreign person or institution shall set up a campus in the name of a foreign university or institution in any place in Bangladesh, or conduct a Bangladesh undergraduate, postgraduate degree, diploma or certificate course or award any degree, diploma or certificate under any foreign university/institution without obtaining the prior approval of the government.
(2)All matters relating to setting up a campus or approving any program or course in the name of any foreign university or institution mentioned in sub-section (1) shall be determined by the rules made by the Government.
§ 40Registration of studying students
(1)At the time of admission to any private university, every student should be given a registration number after registering his name.
(2)Subject to the provisions of the University Statute, the registration number of every student assigned under sub-section (1) shall remain in force till the completion of the course concerned.
(3)The registration number given under sub-section (1) shall be mentioned in the certificate and mark sheet issued by the concerned private university and all information related to it shall be preserved for future.
§ 41Source of funding
The sources of funding of private universities shall be as follows, namely:-
(1)donation made unconditionally by any charitable person, group of individuals, charitable trust or institution;
(2)Loans received from any philanthropic person, group of individuals, charitable trust, institution or government;
(3)donations made by any philanthropic person, group of individuals, charitable trust or institution;
(4)student fees;
(5)own income of the concerned university generated in various sectors;
(6)Other sources approved by the Government or the University Grants Commission”
§ 42Student Fees
Every private university shall inform the University Grants Commission by preparing a student fee structure commensurate with the socio-economic conditions of the country for the students in order to meet its necessary expenses. The Commission may advise if necessary after being notified.
§ 43Pay structure and employment regulations
Every private university shall prepare suitable salary structure and employment regulations for its teachers, officers and employees and take approval of the University Grants Commission.
§ 44General Fund
(1)In addition to the reserved fund, every private university shall have a general fund and every private university shall deposit in the said general fund the salaries, fees and money received from other sources from the students and spend therefrom.
(2)The General Fund shall be managed under the joint signature of an officer of the University and the Treasurer nominated by the Board of Trustees.
(3)The money of the general fund shall be invested in the sectors determined by the Board of Trustees after informing the Government and the University Grants Commission.
(4)The income and expenditure account of the previous financial year and the account of the reserved fund and general fund shall be sent to the Commission and the Government within 30 September of every financial year.
(5)No private university or any person or institution on its behalf shall, without the prior approval of the Chancellor, collect any funds from any source outside the country and if any such funds are to be collected, an application for approval in this regard shall be submitted to the Chancellor through the Government.
(6)No private university or any person or institution on its behalf shall, without the approval of the Chancellor, transfer the funds of the University or any part thereof outside Bangladesh.
(7)The general fund of any private university shall not be spent for any purpose other than the necessary expenses of the said university.
§ 45Accounting and auditing
(1)Every private university shall prepare and preserve its income and expenditure account in every financial year in the form prescribed by the Commission.
(2)The accounts mentioned in sub-section (1) shall be audited every financial year by a firm nominated by the government from among the external audit institutions (CA firms) listed by Bangladesh Bank and the audit report shall be sent to the Ministry of Education and the Commission within 31st December of the following financial year.
(3)In view of the audit report received under sub-section (2), the Government and the Commission may direct the concerned private university to take such action as it deems fit, and the said private university shall take appropriate action in accordance with the said direction.
§ 46inspection, etc
(1)The Government or the University Grants Commission may, if necessary, through persons or institutions empowered for the purpose, inspect any private university.
(2)Any private university inspected under sub-section (1) may be directed by the Government or the Commission to take such measures as it deems fit to improve the infrastructure and quality of education of the concerned university within a specified period, and the said university shall take appropriate measures in accordance with the said direction.
(3)On the basis of any complaint received from the teachers, officers and employees of any private university, or if it is proved that the educational life of any student has been endangered or damaged or any teacher, officer or employee has been deprived of his just due due to managerial or any other error or negligence of any private university inspected under sub-section (1), the said private university, on the direction of the Commission, the said student or, as the case may be, teacher, officer or provide appropriate compensation to the employee.
(4)For the purpose of payment of the compensation referred to in sub-section (3), the concerned private university may, with the prior approval of the Government, withdraw money from the reserved fund of the said university.
(5)The Government or the Commission, as per its requirements, may at any time require any report, particulars or information from any private university and the concerned university shall be obliged to furnish the said report, particulars or information in due course.
(6)On the basis of the information received under sub-section (5), the Government and the Commission may issue necessary instructions for taking such measures as they consider appropriate for ensuring the financial and administrative transparency and orderliness of the concerned university and improving the quality of education, and the said university shall take appropriate measures as per the said instructions.
§ 47PROVISIONS REGARDING TEMPORARY PERMITTED PRIVATE UNIVERSITIES BEFORE COMMENCEMENT OF THIS ACT
(1)Notwithstanding anything contained in this Act, if any private university granted temporary permission before the coming into force of this Act has not already been established by accepting the certificate, after the coming into force of this Act, the said private university shall, within the time prescribed by the Government, subject to the fulfillment of the conditions of Section 9, receive the certificate.
(2)If a private university does not accept the certificate within the period prescribed under sub-section (1), after the said period the Government shall cancel the temporary permit of the said private university: it shall declare it closed.
§ 48Investigation and cancellation of certificate
(1)If any allegation of irregularities or corruption in the overall management of a private university or in its academic or financial management is raised, or if it appears that the provisions of Sections 3, 6, 9, 12, 13, 35, 39, 44, 45 or 46 or any other provision of this Act have been violated, the University Grants Commission, on its own initiative or on the application of any aggrieved person, shall investigate the matter. can do
(2)In the case of investigation on the application of any aggrieved person under sub-section (1), the Commission shall complete the investigation within 60 (sixty) days after receiving such application and submit the report to the Government.
(3)If the investigation carried out under sub-sections (1) and (2) finds prima facie truth in the said allegation, the Government shall re-investigate the said allegation by such judge who is or has been a judge of the Supreme Court and if the allegation is found to be true in the said enquiry, the Government shall issue an order canceling the certificate of the said private university:
Provided thatthe certificate of any private university shall not be canceled under this section without giving an opportunity of reasonable hearing.
(4)A private university aggrieved by an order passed under sub-section (3) may, within 30 (thirty) days from the date of issue of the said order, appeal to the Chancellor against the said order and the decision of the Chancellor in this regard shall be deemed final.
(5)If the certificate of any private university is revoked under sub-section (3), if it is proved that the educational life of any student has been endangered or damaged or any teacher, officer-employee has been damaged, the said private university shall pay compensation to the concerned student or, as the case may be, teacher, officer or employee, as per the direction of the Commission.
(6)For the purpose of payment of the compensation referred to in sub-section (5), the concerned private university may, with the prior approval of the Government, withdraw money from the reserved fund of the said university.
§ 49Offenses, Jurisdiction and Punishment
(1)Any person who contravenes the provisions of section 3(2), 3(3), 6(9), 6(10), 12, 13(2), 35(1), 39, 44(5), 44(6), and 44(7), 45(2), 46(2), 46(3), 46(6) or 47 shall be guilty of an offense under this Act and shall be liable to imprisonment for a term not exceeding 5 (five) years. Shall be punished with imprisonment or fine up to 10 (ten) lakhs or both.
(2)No court shall take for trial any offense under this Act except on the written complaint of the Government or any officer empowered for that purpose by the Government.
§ 50Power to make rules
50 The Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.
The Private University Act, 2010 (Act No. 35 of 2010) regulates the establishment, management, and governance of private universities in Bangladesh. It repeals and replaces the Private University Act, 1992. All private universities established after its commencement, and existing private universities are deemed established under it. The Act designates the University Grants Commission (UGC), originally established by the UGC Order 1973, as the regulatory authority for the private university sector. Key mechanisms include government approval through a temporary permit followed by a permanent charter (sections 5-11), the formation of a Board of Trustees and Syndicate, and the appointment of a Vice-Chancellor by the Chancellor (the President of Bangladesh) upon recommendation of the Board of Trustees (section 31). The Act requires minimum infrastructure standards of 25,000 sq ft building space, at least 3 faculties and 6 departments, and a reserve fund of 3-5 crore taka (section 6). Notable provisions include the prohibition on establishing branch campuses of foreign universities without government approval (section 39), regulation of student fees (section 42), UGC inspection powers (section 46), and penalties for violations including charter revocation (section 48). The Act is currently in force.