Additional copy Published by the Authority Saturday, May 31, Peoples Republic of Bangladesh Ministry of Education Branch-17 (University-1)

Transcription

1 Registered No: DA-1 Translated copy BANGLADESH GAZETTE Additional copy Published by the Authority Saturday, May 31, 2014 Peoples Republic of Bangladesh Ministry of Education Branch-17 (University-1) Notification Dated: 26 April 2014 AD/ 15 Joista 1421 Bengali Era S.R.O (Statutory Regulating Order) No. 94-Act/2014 Vide the authority vested in the Private University Act, 2010 (Act 35 of 2010) -- Clause 50, Clause 3 and 39, the Government has formulated and promulgated the following Rules. 1. Heading/ Name: This rule will be known as Rules for Operating a Foreign University Branch Campus or a Study Center Application: These rules will be applicable for any Branch Campus or Study Center established and operated by any Foreign University or by its authorized local agent, or by local Sponsor, OR a Branch Campus or a Study Center jointly managed and operated by a Foreign University and a local Sponsor. 3. Definition: If there is nothing contrary to the subject matter as a whole and it s prelude, in these rules: (1) Act means Private University Act 2010 (Act 35 of 2010); (2) Sponsor means any individual interested in improving social welfare, academic, community, association, welfare trust, and organization who has expressed their desire to establish a Branch Campus or a Study Center. (3) Commission- Denotes to University Grant Commission of Bangladesh established under the authority of University Grants Commission Order, 1973 (P.O. No. 10 of 1973); (4) Foreign University - Denotes to any University outside Geographical boundary of Bangladesh, in any other country established under the law of that country and run accordingly; (13967) Price: Taka 12.00

2 13968 Bangladesh Gazette, Additional, May 31, 2014 (5) Branch Campus - Denotes to, any Branch Campus established, managed & run by Foreign University alone, singly or with local representative, or any local or foreign Sponsor/ investor in collaboration with any Foreign University; (6) Letter of Permission Sanad - Denotes to Permission Letter under Rule12; (7) Government - Denotes to the Government of The Peoples Republic of Bangladesh; (8) Letter of Provisional Permission - Letter issued under Rule 5 is Provisional Permission; (9) Study Center - Denotes to Foreign University under it s own supervision/ management running Graduate and Under-Graduate Degree, Diploma or Certificate Course(s) of fix duration and setting standard questioner and conducting examination(s), to achieve standard so set, conducting classes for the student(s) and to this effect making required facilities available relating to the standard, course(s) & examination is study center; and (10) Local Representative - denotes to, one who is authorized by foreign university, institution with the aim & objective to setup & run its Branch Campus or Study Center is Local Representative. 4. Provisional Permission or Consent etc: (1) None is to setup or start any kind of Branch Campus or Study Center without obtaining the Provisional Permission in writing, in some case without the Provisional Consent in writing from the Commission. (2) Subjected to Sub-rule (1) as above, while applying for Provisional Permission, or in cases for Provisional Consent, one has to apply to the Commission in it s prescribed form, paying fee as mentioned in Rule 9-a, along with the application as Bank Draft or as Pay Order. (3) While applying, in applicable case(s) under mentioned papers/document(s) to be attached/ enclosed with the application, these are: (a) No Objection Certificate, for Engineering Course from Board of Accreditation for Engineering & Technical Education, for Medical & Dental Course from Bangladesh Medical & Dental Council, for Nursing Course from Bangladesh Nursing Council, for Pharmacy Course from Bangladesh Pharmacy Council ; (b) A Foreign University or Institution should legally approved by the authority under the law of the country and is certified by the Accreditation Council or by an authority responsible for regulating the standards of education and is authenticated by the concerned Embassy/ High-Commission in situated in Bangladesh. (c) Introduction regarding concerned university or the institution, credential/ details about sponsor(s), organizational structure, detail syllabi and subject(s) of study and its curriculum, method of conducting exams, faculty list, educational qualification(s) of the teachers with CV and their willingness to conduct classes in the Branch Campus or in the Study Center and a work plan for setting up of the campus with necessary facilities, the amount of investment planned with its source of fund; (d) Attested copies of the agreement and deed-documents for purchasing or hiring the space along with approved plan of the building;

3 Bangladesh Gazette, Additional, May 31, (e) Attested copy of the agreement signed between the Local Representative or the Sponsor and the Foreign University or the Study Center. (f) No Objection Certificate issued by main Foreign University or its managing authority and attested by Embassy/High Commission of the concerned country in Bangladesh; (g) Submission of a bank draft or a pay order as inspection fee as per Rule 9(a) to setup or operate the Branch Campus; (h) Submission of a bank draft or a pay order as inspection fee as per Rule 9(a) to setup or operate the Study Center; (i) Whatsoever is mentioned in Sub-sub Rule (f) and (g), the Branch Campus and the Study Center established and operating before of issuance of this notification have to deposit inspection fee as in Rule 9(a) within 6 (six) months, from the date of issuance of this notification. (4) If the Commission is satisfied with the applicant s application and the documents submitted along with it then the Commission may grant initial approval or reject the application with written comments. Subject to the condition that the Commission will inform the application about their approval or disapproval as soon as possible. (5) The Commission, if needed, may request the applicant to submit additional information or any other relevant document(s) within a given time period. (6) As per Sub-rule (4), if the Commission approves the application, it will forward it to Government with their recommendations and the government will issue a registration numbers for each application. (7) As per Sub-rule (4), if an application is disapproved then the applicant may apply to the Government for re-consideration within 2 (two) months from the date of disapproval and in such case the decision of the Government will be final. (8) More than 1 (one) Branch Campus or Study Center is not allowed to be established or operated under the same name or number, under same or different ownership. 5. Issuance of Provisional Permission Letter, etc.: (1) On getting the initial approval to establish and operate a Branch Campus or a Study Center, the applicant shall apply for issuance of Provisional Permission through the Commission to the Government within 6 (six) months by fulfilling the conditions as in Rule 7. (2) The government after scrutinizing the application will constitute a Committee with 1 (one) representative of the Government and 1 (one) representative of the Commission to inspect the physically facilities. (3) The Inspection Committee will inspect the campus, classrooms, library, in applicable cases laboratory, seminar room, common room, canteen and organizational structure of other human resource including teachers, and other facilities and submit a report to the Government within 30 days. (4) As per Sub-rule (3), Government will scrutinize the report the inspection report and if the applicant has fulfilled the conditions under Rule 7 then it will issue a Provisional

4 13970 Bangladesh Gazette, Additional, May 31, 2014 Permission to run and operate a Branch Campus or a Study Center under specific terms and conditions. (5) The Provisional Permission will be valid for 7 (seven) years from its date of issue. (6) As per Sub-rule (3) if the Government, after scrutiny, is convinced that the applicant has been unable to meet the requirements under Rule 7 then the Government will disapprove the application in writing and give an opportunity for appeal through the Commission. (7) If an application is disapproved under Sub-rule (6) then the aggrieved applicant is entitled to make appeal for re-consideration of the decision through the Commission within 30 (thirty) days from the day of issuance of the order of disapproval by depositing a fixed fee in the form of a bank draft or pay order, the amount of which will be decided by the Commission. (8) Subjected to Sub-rule (6) on receipt of application for reconsideration the Government will communicate its decision to the applicant within 60 (sixty) days and this will be treated as the final decision. 6. Cancelling, Withholding of Provisional Permission, etc: (1) The Government may withhold or cancel a Provisional Permission of a Branch Campus or a Study Center if it violates its terms and conditions or acts in contrary to the terms & conditions given in Rule 7. (2) If a Branch Campus or a Study Center established before enacting of this rule violates Rule 2 or Sub-rule (3) of Rule 4 then the Government will suspend the operation of the Branch Campus or the Study Center. 7. Requirements for Provisional Permission: In order to obtain a Provisional Permission the following conditions, as applicable, must be fulfilled. These are: -- (a) For setting up and operating a Branch Campus Or Study Center there must be a minimum of 25,000 (twenty five thousand) square feet of floor space and sufficient classrooms and area to accommodate students in its own or hired building. (b) For setting up and running of Study Center there must be a minimum of 10,000 (ten thousand) square feet of floor space with sufficient classroom(s) and area for students in its own or hired building; (c) As per Sub-rule (6) of Rule 6, a fixed number of full time teachers must be appointed for each Department, Program or Course ; Subject to the condition that considering the nature of Department, Program or Course, part-time teachers may be appointed; Further to that the number of part-time teachers will not exceed one-third of the number of full time Teachers; (d) In case of Branch Campus there must be office space for every Head of Departments and for teachers; (e) Subject to the number of students a Library with a minimum space of 1500 (fifteen hundred) square feet (with a minimum of 2000 volume of materials) and Laboratories;

5 Bangladesh Gazette, Additional, May 31, There has to be an academic plan to operate academic activities of a Foreign University approved by the Commission; (f) To conduct educational program(s) there shall be a certified agreement on the sharing the expenditure already made or planned for construction, developing the facilities between the foreign university or the Sponsor (sponsor) or the local representative in terms of local and foreign currency; (g) Information on share of income from admission fee, tuition fee, credit hours, semester activity fee, and other fees between the Sponsor, local representative and the foreign university shall be made available; (h) The surplus amount shall be divided amongst the Sponsor, Local Representative, and the Foreign University at a [fixed] ratio. (i) There shall be a Board of Trustee consisting of 3 (three) members designated by the Commission; (j) There has to be sufficient number of class rooms, library, laboratory, assembly hall, seminar hall/ room, office room(s), student common room, and sitting arrangement for all with required facilities; (k) If in syllabus subject like Computer Science, Engineering or Civil Engineering is present, then there has to be one computer for every 5 (five) students and laboratories with required relevant equipments have to be setup with free or with a nominal fee for internet connections for students; (l) Copy of the agreement(s) and appointment letter(s) for appointment of teachers, officers and staffs; (m) A pamphlet (booklet) shall be published stating the qualifications required for admission, admission fee, tuition fee, activity fee, moderation fee and total cost of programs/courses. This shall be made available in the website too; (n) Copy of Registration Documents from the Registrar of the Joint Stock Company as per the Company Act 1994, along with evidence of payment of Income Tax and VAT. 8. Inspection and Monitoring: (1) The Commission will formulate a policy and evaluation standards for conducting the academic programs of the Branch Campus and the Study Center. (2) In accordance with the standard and the policy so formulated, the Commission along with a nominated representative of the Government will inspect and monitor the Branch Campus and the Study Center and will submit a report to the Government. (3) If the Government on receipt of the report under Sub-rule (2) and after review finds that the Branch Campus or the Study Center has violated or is violating any of the rules then it will take appropriate legal action against or will provide necessary directors to the Branch Campus or the Study Center;

6 13972 Bangladesh Gazette, Additional, May 31, Fee :-- A Branch Campus or a Study Center will pay prescribed Fee(s) as mentioned in the Table below: (a) Branch Campus Inspection Fee 2,00,000/- (two lacs) Taka; (b) Study Center Inspection Fee 1,00,000/- (one lac) Taka; (c) Branch Campus Provisional Permission letter 10,00,000/- (ten lacs) Taka; (d) Study Center Provisional Permission letter 3,00,000/- (three lacs) Taka. 10. Reserve Fund: (1) For establishing and operating a Branch Campus or a Study Center, the concerned Foreign University or the Local Representative or the Sponsor shall maintain a reserve fund as fixed deposit in a Scheduled Bank according to the following rate: (a) Branch Campus (b) Study Center 5,00,00,000 (five crore) Taka; 1,00,00,000 (one crore) Taka. (2) As mentioned in Sub-rule (1), such money cannot be withdrawn without a written permission of the Commission. (3) The Commission upon an investigation will take action for any violation of this Rule and, if needed, will collect compensation from the reserve fund; Subject to the condition that the Branch/Campus, or the Local Representative or the Sponsor will fill up the reserve fund if such deduction is made. (4) If the Branch Campus or the Study Center is closed due to any reason then on the basis of is declared closed than on basis of a written request from the Local Representative or the Sponsor this fund may be given back after deducting any justified amount for compensation; 11. Appointment of Teacher, Officer and Staff: (1) For appointment of Teachers, Officers and Staffs the rule shall be followed : (a) To appoint a person working in a government university, college or in a government office a no objection certificate shall be submitted from the concerned institution; (b) To appoint a foreign national as teacher, official or staff a detailed CV must be submitted to the Commission. (c) The Commission after review of the CV for teacher, officer or staff will grant permission for such appointment. (d) Before starting of classes/ teaching programs the pay scale and the service rules for the appointed teachers, officers and staff are to be prepared and a copy should be submitted to the Commission, and should be amended and revised on the basis of the opinion and advice of the Commission and of the Government.

7 Bangladesh Gazette, Additional, May 31, Issuance of Certificate. -- (1) At least 6 (six) months prior to the expiry of the Provisional Permission application shall be submitted to the Commission with prescribed fee to issuance of the Certificate. (2) On receipt of the application, the Commission under Sub-rule (1) will scrutinize and verify the application, and if satisfied will recommend for issuing the Certificate for establishment and operation of the Branch Campus or the Study Center to the Government and the Government on the basis of the recommendation(s) of the Commission will issue the Certificate in favor of the applicant for establishing Branch Campus or Study Center or for running of the same. 13. Exhibiting of the Provisional Permission Letter, or in appropriate case, the Certificate. Under this rule, the institution which received the Provisional Permission or in appropriate case, the Certificate will exhibit the Provisional Permission or appropriate case, the Certificate, in the office room or in the campus in such way that all concerned can easily see this. 14. Chart of Registration Fee, Examination Fee, etc. (1) The Branch Campus or the Study Center will submit a chart, showing registration fee, examination fee and other fees to be given to the foreign university for the concerned students, to the Commission and students will pay these fees accordingly. (2) The Branch Campus or the Study Center will submit to the Commission; total number of students, total amount of fee paid, and related papers; (3) The Branch Campus or the Study Center will keep a record of results of successful and unsuccessful students after completion of each program/course in a register and send a copy to the Commission. (4) The Commission will certify the degree, diploma, certificate, etc., in accordance with this list, and it will be done in such manner that it will be treated as if it has been issued by a recognized institution of Bangladesh. 15. Rule relating to manage and use of Degree, Diploma, and Certificate (1) The Commission in order to fulfill its obligations under Rule 14, will issue certificates for managing and using the Degree, Diploma or Certificate which are already obtained by their students from the Branch Campus or the Study Center by taking exams. (2) Subjected to Sub-rule (1) for getting certificate of recognition, the students will apply to the Commission with relevant documents mentioning the name of the Branch Campus or the Study Center, the Foreign University, the Year and the date of obtaining the Degree, Diploma or Certificate. (3) The Commission under Sub-rule (2) will verify and ascertain the genuineness of the claim and if satisfied will issue a certificate subject to the condition that the Commission will not reject any application without a personal hearing.

8 13974 Bangladesh Gazette, Additional, May 31, 2014 (4) If as per sub-rule (3) an application is rejected then the applicant may appeal to the Government for reconsideration. (5) The decision of the Government will be taken as the final in this regard. 16. Grading and its equivalence --- (1) While evaluating/ assessing of examination the regulation for grading of the concerned Foreign University will be followed. (2) The grading scheme, under Sub-rule (1), will be adapted in Bangladesh as per the equivalence rule set by the Commission. 17. Internal standard & quality assurance unit or cell --- To ensure quality and standard of education there shall be an Internal Standard & Quality Assurance Cell or Unit in every Branch Campus or Study Center, and steps taken by the unit/cell shall be reported in the annual report of the institution. 18. Regulation on organizing education fair, seminar, etc., :-- Except for the Branch Campus or the Study Center having Provisional Permission or the Certificate under this rule, no organization or individual is permitted to organize education fair, seminar, workshop, etc. for admission into any foreign university using any print or electronic media. 19. Maintaining accounts and Audit. For the purpose of maintaining the accounts and for financial audit of the Branch Campus or the Study Center Clause 45 of the Act shall be followed. 20. Directives of the Government. The Government in order to maintain financial and administrative transparency of any Branch Campus or Study Center may issue directives based on the reports and information received from the Commission and the institution will be obliged to follow the directives. 21. Offence and Punishment. In case of violation of any Rule of this Notification by a Branch Campus or a Study Center the Clause 49 of the Act will be applicable. 22. Publishing/ Circulation English Translation.--- (1) After publication of these Rules, the Government, as soon as possible, by Notification in the Government Gazette, will also circulate an authenticated English Text. subject to the condition that in case of any difference between this rule and its English translation, this rule will get priority. By order of the President Dr. Mohammed Sadiq Secretary Printed by Md.Nazrul Islam (Deputy Secretary), Deputy Director, Bangladesh Government Press, Tejgaon, Dhaka. Published by Abdur Rashid (Deputy Secretary), Bangladesh Forms and Publication Office Tejgaon, Dhaka. Translated By INSIGHT